Monmouth County DWI Defense

October 15, 2013

Monmouth Co. Drunken Driving Police Blotter: Middletown Twp. Police Net Dozens on DWI-DUI Charges

Given the population, as well as the number of motor vehicles in the Garden State, there are a fair number of drunken driving arrests that occur every month all across the state. In counties such as Middlesex, Passaic, Ocean and Cape May, throughout the year local police officers and state troopers alike make dozens of alcohol and drug-related arrests every week following routine traffic stops.

As New Jersey DWI defense attorneys, we understand that being pulled over for even the most simple of driving infractions can open the door to drunk driving or drug-related DUI charges. When a motorist receives a DWI or DUI-related summons, the clock starts ticking toward a court date, a possible conviction and potentially hefty monetary fines and other penalties.

It seems that no matter where one looks in the news, there is always some story that grabs the reader’s attention regarding an alcohol- or drug-related arrest on one of New Jersey’s roadways. The ubiquitous police blotter pages can be an interesting source of information on what not to do if one has a drink or two under their belt.
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October 4, 2013

New Jersey Municipal Courts See the Lion’s Share of DWI-DUI Cases

by Jonathan F. Marshall

Nobody ever said that being arrested and charged with a DWI was going to be a pleasant experience. For most people, getting a drunk driving summons or being held in jail overnight to “dry out” can not only be an embarrassing experience, but it can also be rather frightening. This is especially true when one begins to consider the repercussions of such an encounter with the possibility of a conviction and any associated penalties; those fines, fees and statutory assessments can run in the thousands of dollars, which makes a drunken driving arrest potentially costly from a financial standpoint as well.

For the record, the state of New Jersey has for some time banned the legal practice of plea bargaining for those defendants who are facing charges of driving while intoxicated. This is generally the case, unless there is some serious legal issue at stake or if there is a major flaw in the prosecution’s case. Barring a genuine legal issue, judges are barred from entertaining any thought of a dismissal or even the downgrading of a drunk driving charge.

As professional DWI defense attorneys, we know that the secret to success in avoiding a conviction (or in winning a downgrade in a defendant’s charges) is identifying certain key issues that reduce the strength of the state’s arguments. This is where our firm’s unique DWI law training and trial experience can prove invaluable. At my firm, the attorneys who make up the Jonathan F. Marshall legal defense team have credentials that are, quite frankly, second to none.
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September 26, 2013

Drunken Driving Update: New Jersey DWI Arrests Can Affect Almost Anyone in the Garden State

by Jonathan F. Marshall

“How could a drunk driving arrest have happened to me? I’ve never been one to drink and drive.” This statement has likely made by thousands of individuals all across the country every year, yet many people do get stopped for traffic violations following a night out on the town, or after a lunch with friends or colleagues, and even following a family barbeque. The fact is, if a person takes a drink of alcohol and then gets behind the wheel, there is always a chance that they may end up charged with drunken driving.

Being DUI-DWI defense lawyers, my firm has represented hundreds upon hundreds of motorists accused of operating a motor vehicle while impaired by drugs or alcohol. There is no safe way to drive a car, truck or motorcycle when one’s motor skills or cognitive ability is compromised by beer or wine, prescription drugs or even illicit substances. Almost anyone who consumes some amount of alcohol before getting behind the wheel can find themselves in front of a judge on drunk driving charges, the consequences of which can be costly and embarrassing.

While many otherwise law-abiding drivers can end up being taken into custody by a police officer after failing a roadside sobriety test, most feel that it couldn’t happen to them. Even those who don’t drink before driving might not realize that certain doctor-prescribed drugs are capable of affecting a person’s ability to control a motor vehicle. And don’t be fooled, DWI arrests can happen to anyone. We were certainly reminded of this when reading a news article a short time ago.
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August 29, 2013

New Jersey Drivers Should Expect Labor Day Weekend Featuring Enhanced DWI Police Patrols

by Jonathan F. Marshall

For those motorists who have already taken note of the increased number of municipal and state patrol officers plying the Garden State Parkway, highways and surface streets this summer, get ready for more of the same this coming holiday weekend. Police presence on New Jersey roadways this summer, as with most every past year, has been fairly obvious, if only because of the anti-DWI and DUI enforcement that comes with warmer weather and summertime revelers; but Labor Day will be especially active from the standpoint of drunk driving enforcement.

As DWI defense lawyers whose job it is to represent drivers accused of operating a motor vehicle while impaired by alcohol, refusing a breathalyzer test, or possessing a controlled dangerous substance (CDS) in their vehicle, the skilled attorneys at my law firm have the legal experience to help defendants get through a DWI case and on with their lives.

During the summer months, as well as various holidays throughout the year, police departments in many New Jersey towns and municipalities step up their drunken driving patrols, as well as conduct random sobriety checkpoints in areas well-known for DWI-related arrests and accidents. As with most of these anti-DWI campaigns, the “Drive Sober, or Get Pulled Over” anti-DWI campaign currently in effect entails increased police patrols (aka “saturation” patrols) and even some DUI roadblocks, all of which will probably net dozens of unsuspecting drivers who may or may not be legally intoxicated.
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August 25, 2013

Summer’s Not Over; Neither is the Opportunity for a Boating Under the Influence (BUI) Arrest

by Jonathan F. Marshall

Anyone who has been arrested for operating a motor vehicle while under the influence of alcohol or drugs will understand that it is not something one ever looks forward to. However, with the help of an experienced DWI defense attorney — one skilled in New Jersey drunk driving law and experienced in representing individuals in a courtroom — the most harrowing part of being the defendant in a DWI case may be alleviated to some extent.

At the Law Offices of Jonathan F. Marshall, our legal team offers decades of collective DWI, drug DUI, and criminal defense experience. Whether one is charged with driving while intoxicated by alcohol, impaired by prescription meds or illegal drugs, breath test refusal or any number of drunk driving-related offenses, our lawyers are ready to help.

One thing that most drivers don’t necessarily understand is that BWI, otherwise referred to as “boating under the influence” or BUI, carries with it similar penalties to the automotive equivalent, DUI or DWI. Our familiarity with New Jersey DUI/DWI law allows us to represent both drivers and boaters who have been accused of operating their vehicles while allegedly intoxicated by alcohol, doctor-prescribed medications or illicit drugs (sometimes called controlled dangerous substances, or CDS).
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August 18, 2013

New Jersey Motorist Charged with Drunken Driving following Multiple-injury Accident on GSP

by Jonathan F. Marshall

On numerous occasions every week in this state it is not uncommon to see a motorist accused of DWI walk into a courtroom with either insufficient representation or none at all. When it comes to drunk driving charges, any accused individual should carefully weigh his or her options as they face the potentially costly consequences of a DWI or drug DUI conviction.

As drunk driving trial attorneys, the legal experts at the Law Offices of Jonathan F. Marshall have many decades of cumulative courtroom experience defending individuals accused of operating a motor vehicle while intoxicated by alcohol or impaired by some kind of controlled substance. Whether the DWI-DUI charges stem from alcohol, prescription medication or illegal drug use, having a qualified drunk driving lawyer at one’s side is always preferable to entering a courtroom alone and ill-prepared.

Accused individuals may feel that their good name or driving record is sufficient to get them out of hot water; however, without the assistance of a skilled attorney the positive outcome of a drunk driving case is far from assured. Preparation and a detailed understanding of New Jersey drunk driving law are important aspects of any good DWI defense. At the very least, we highly recommend consulting with a drunken driving attorney prior to stepping foot in a courtroom.
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August 16, 2013

Middletown, NJ, Drunk Driving News: Police Suspect Drinking and Driving in Collision on Leonardville Road

by Jonathan F. Marshall

It’s a no-brainer, as they say, to understand that being charged with drunken driving in connection with a traffic accident is usually a more serious situation than being stopped, say, at a sobriety checkpoint and blowing a 0.08 on a breathalyzer. This can be said for the very reason that DWI (or drug DUI) is already one of the more weighty driving offenses that a motorist can be hit with following a routine traffic stop here in the Garden State.

Adding a vehicle collision that entails property damage or physical injury to charges of driving while intoxicated or impaired due to prescription drugs or illicit substances (sometimes referred to as controlled dangerous substances, or CDS) and most any trial attorney is likely to tell you that the court doesn’t usually take such a combination of offenses lightly. In situations like this, it is all the more important to retain the services of a qualified drunk driving defense lawyer to help handle one’s case in a courtroom.

Worse yet, and certainly beyond the potentially negative consequences surrounding a “normal” DWI-DUI traffic stop, would be those circumstances involving a fatality-related DUI traffic accident. As New Jersey DWI defense attorneys, I and my colleagues understand how quickly one’s fortune can change following a fatal or injury-related car or truck crash. Forget the embarrassment and socially awkward situations following an arrest or potential conviction, a person’s personal and private life can be turned upside down after a serious drunk driving accident.
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August 12, 2013

NJ Drunk Driving Police Blotter: Monmouth County Cops Rack Up More DWI-DUI Arrests

by Jonathan F. Marshall

As New Jersey DWI defense attorneys, we can safely say that not every traffic stop by a state trooper or municipal patrolman will end up with an arrest or serious charges. That said, with a strong focus on curbing drunk driving across the Garden State, there are certainly a portion of those monthly police stops that do indeed result in an arrest or at least a summons to appear in court to answer for a charge of driving under the influence of alcohol or impaired operation of a motor vehicle due to prescription drugs or even illicit substances like marijuana or cocaine.

In many of those DWI and drug DUI cases, as I and my staff of experienced trial lawyers understand very well, motorists are taken into custody and charged with one or more offenses pertaining to intoxicated driving. In such instances, even the most simple of driving mistakes can be a trigger for a DWI arrest. As motorists ourselves, it is easy to see how even the most law-abiding person might make an occasional improper turn or mistakenly change lanes without signaling.

Although the frequency of drunken driving arrests fluctuate from week to week, there always seem to be more than enough opportunity for a driver, who may only have had one or two drinks prior to getting behind the wheel, to be stopped for a minor infraction. Whether one is legally drunk or not, the mere appearance of being “not quite with it” or acting a little intoxicated during a traffic stop could cause a police officer to decide to make a DWI-related arrest.
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August 6, 2013

DWI Police Blotter: Arrests across Monmouth County include Drunken Driving and CDS Possession

by Jonathan F. Marshall

As potentially fallible individuals, few among us can actually state that they are perfect in every respect. As experienced trial attorneys who make it our job to defend individuals accused of civil offenses and criminal acts, the legal staff at my law firm recognizes that many people have occasional shortcomings that sometimes result in a well-intentioned individual being arrested for a traffic offense such as DWI or drug DUI. It’s just part of human nature to make mistakes, and we fully understand this.

Fortunately, our society is based on laws and we have courts and judges to decide if a person is guilty or innocent of any particular crime or infraction of which he or she has been accused. Once a verdict is rendered, penalties for a convicted person are meted out. In the case of DWI-DUI, defendants who are found guilty of operating a motor vehicle while under the influence of alcohol or drugs can find the monetary costs to be rather expensive.

For economic reasons alone, it would seem to be in most people’s best interests to choose a qualified drunk driving defense lawyer to represent them. For our part, we usually recommend that anyone accused of drunk driving, breath test refusal or any of a myriad of DWI and DUI-related offenses, consider retaining an experienced legal professional. At the very least, it is wise to consult a trial attorney who is skilled in DWI law.
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August 4, 2013

Beware the Defective Equipment Traffic Stop: Saving a Few Dollars Now Could Cost Thousands Later On

by Jonathan F. Marshall

How many times have you seen a driver ahead of you in traffic with a burned-out taillight? While it may seem insignificant to some, a simple $10 light bulb could cause big trouble down the road. Never mind the accident potential of a non-working brake lamp or a faulty turn signal, just consider the cost of a defective equipment ticket. Oh, you say, a couple hundred bucks or so, I’m too busy. And, really, what are the odds? Well, in our experience, the odds are pretty good that something may happen before that bulb gets replaced.

But what if a driver, who happens to have avoided fixing that turn signal or brake light bulb, finds out the hard way that he just maybe had a little too much to drink with his buddies at the bar? That burned-out bulb is now one big red flag for a municipal patrolman or state trooper. Unfortunately, by the time this scenario plays out, the cost of that little bulb may have gone up quite a bit depending on the circumstances. In any case, it’s safe to that driver will be into the state for more than the $10 or $20 it would have cost to fix that light in the first place.

As New Jersey drunken driving defense attorneys, we understand that human nature can get in the way of doing the right thing from time to time. We’ve represented numerous drivers over the years who may have indulged themselves a bit too much when they should have eased off. It’s difficult to know exactly how much alcohol is in one’s bloodstream or whether a person has consumed enough food at lunch or dinner offset the wine he or she drank.
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