Non-resident DWI Arrests

July 14, 2013

Alleged Racial Profiling Blamed in Out-of-State DWI Arrest of Motorist with Zero Blood-alcohol Content

Like it or not, we do not live in a perfect world. Day in and day out, law abiding citizens all across the country are stopped on our nation’s roadways and arrested for any number of offenses for which the charges are later dropped or dismissed in a court of law. For those who have their cases thrown out by a traffic judge, the relief is often accompanied by anger or resentment because of the trouble and cost of defending their good name when they knew all along that they were innocent of the charges. For others — those who can’t avoid the points, monetary penalties or other punishment ordered by the court — they can usually appeal their case to a higher court.

The point we wish to make here is that nobody is perfect, and that goes as much for the men and women in law enforcement as it does anyone else in our modern society. It’s only natural that human beings come with their own set of shortcomings. Mostly, we ignore the less serious failings — in terms of judgment or actions — of our friends and family knowing that they mean well even though their decisions and choices can sometimes be arrived at through faulty or imperfect logic. For others, we often expect perfection, though this is often only wishful thinking.

Police officers and others in authority tend to be seen by a large portion of the general public as having a god-like infallibility. Living up to this standard would be hard enough for the average person, much less someone who is charged with maintaining the safety and well-being of the citizenry. When a police officer, judge, or city, state or federal official fails to meet the public’s expectations of them, there is usually a backlash.
Continue reading

July 9, 2013

Allegedly Drugged Woman Exhibiting Odd Personal Behavior Arrested for DWI in Sussex County, NJ

by Jonathan F. Marshall

As drunken driving defense attorneys here in the Garden State, we have litigated a great number of DWI cases throughout our many decades of collective trial experience. One could say that I and my colleagues have probably seen it all when it comes to defending nearly every manner of drunk driving case, but that might be a little too broad a statement as there are some events yet to occur that may be too bizarre for even the most outrageous TV or movie plot.

I and everyone on my legal staff take our jobs very seriously when it comes to helping those drivers accused of operating a motor vehicle while allegedly under the influence of alcohol, prescription medication or illegal drugs like cocaine or marijuana. Many times, drivers can be judged to be intoxicated by the police based on their actions or physical behavior, when in reality the circumstances may not necessarily warrant an arrest, but rather concern for the person’s well-being.

Take the Sussex County DWI-related arrest of an out-of-state woman earlier this year. Many readers may already have heard about this lady, who was arrested in the Sparta Township area after police found her vehicle following a report of a car that hit a stone wall in the area, but which had been driven off following the impact. Based on the news stories at the time, officers came upon the woman and her Volkswagen Jetta sometime after midnight early on a Friday morning, though the circumstances of that encounter were hardly routine.
Continue reading

June 28, 2013

New Jersey Resident Charged with DWI after Alleged Out-of-State Drunk Driving Accident

by Jonathan F. Marshall

As with many drunk driving scenarios, the beginning of the ordeal for any motorist is usually when he notices a police car behind him with lights on and siren blasting. Unnerving as that initial moment may be for most, for those individuals who may have had a drink or two prior to the police stop the worst is yet to come. Never mind the embarrassment, the fear of being found guilty of drunken driving can result in a very awkward experience on the roadside.

As New Jersey trial lawyers experienced in defending motorists accused of intoxicated driving or drug DUI from taking some kind of prescription medication, we understand the trepidation that most anyone would feel after being called out by a New Jersey State trooper or municipal patrolman. We also know that if a person does not actively seek legal assistance to fight a drunk driving charge, the potential penalties for losing one’s case can be costly.

The skilled attorneys at our Monmouth County law firm are dedicated to providing a vigorous defense on behalf of our clients. In general, when considering whether or not one might retain counsel for a DWI-DUI or breath test refusal charge, it is important to ask a few questions. Top among these would be whether or not a prosecutor can prove you, as the driver, were intoxicated.
Continue reading

May 17, 2013

New Jersey DWI Defense Update: Thoughts on Out-of-State Drunken Driving Arrests

by Jonathan F. Marshall

As a former municipal prosecuting attorney and now drunk driving defense lawyer for motorists accused of operating a motor vehicle while impaired by alcohol, prescription meds or illegal drugs, I have seen my fair share of court cases involving all manner of charges, witnesses, evidence and other relevant details. Although times have changed, to be sure, the way in which these DWI and drug DUI arrests remain fairly consistent. They usually occur following a driving error on the part of the accused drunken driver.

What has changed is the way in which information is shared between police departments, their municipalities, the states in which they reside. Decades ago, for instance, before the information superhighway, traffic offenders in one state were not always known to the police in surrounding or more distant states. But with the advent of the Internet and the World Wide Web, databases filled with conviction and arrest data can be readily available to law enforcement agencies here in New Jersey and elsewhere.

How might affect a driver who has been arrested or charged with a moving violation in another state? Take for instance a motorist who was perhaps arrested for DWI in an adjoining state. It is true that a conviction for drunken driving, drug DUI or even breath test refusal outside of New Jersey can indeed have the same effect on a person later on as being convicted here in a Garden State courtroom.
Continue reading

April 18, 2013

DWI Defense News: Even Multiple Drunk Driving Convictions in New Jersey Don’t Enter Felony Territory

by Jonathan F. Marshall

Living, working and driving in the Garden State means that any motorist can become the focus of attention from a state patrol officer or a municipal policeman. The odds are, at some point in one’s driving career, any number of people from counties like Ocean, Middlesex, Monmouth, Bergan and Passaic will end up being stopped by a mobile police patrol for a driving infraction. Moving violations are one of the primary ways in which some New Jersey motorists end up being charged with DWI.

Whether one is arrested on the grounds of driving while intoxicated by beer, wine or hard liquor, or if the charges involve impairment through the use of either doctor-prescribed pharmaceuticals or an illegal substance such as marijuana, consulting a qualified drunk driving defense attorney should be the first thought. This is so true these days because of the heavy fines and statutory assessments imposed on a driver convicted of DWI or drug DUI.

As New Jersey DWI trial lawyers, I and my colleagues have decades’ worth of experience in representing those individuals who find themselves on the wrong side of the law following a drunken driving arrest. Many times, a New Jersey motorist has been driving his or her vehicle out-of-state when they are stopped for a minor traffic offense, but if they have had a drink or two, the police may take them into custody and charge them with DWI. For these New Jersey residents who have, penalties drunk driving can sometimes be more severe than in our own state, depending of course on the circumstances surrounding the arrest and the driver’s previous record.
Continue reading

March 8, 2013

Driver Wins Legal Appeal After 7-to-15-Year Jail Sentence Following 15th DWI Conviction

by Jonathan F. Marshall

New Jersey’s drunken driving laws are rather stiff, to say the least, and more than one motorist has been caught off-guard by a seemingly simple traffic stop that then developed into a serious DWI arrest. But as experienced drunk driving defense lawyers, my firm understands that our state is not unique in this regard. All across the country, driving under the influence has become socially unacceptable to the point that DWI laws provide for harsh penalties for anyone convicted of operating a motor vehicle while intoxicated by alcohol or impaired by prescription medications (drug DUI).

A DWI or drug DUI arrest can spell trouble for almost anyone regardless of whether they live in Monmouth, Ocean, Passaic or Bergen County. The stiff monetary penalties, as well as the potential jail time, especially for multiple offenders, makes driving while intoxicated a risky undertaking to say the least. As New Jersey DWI defense attorneys, I and my staff of highly qualified trial lawyers understand the risks of getting behind the wheel anytime a person has had even one glass of wine or one bottle of beer.

There is no sense in taking a chance on being arrested for DWI, even when one doesn’t believe that he or she is intoxicated. In light of the zealous nature of our local and state police officers, which is matched only by the tough drunken driving laws of this state, driving under the influence can certainly be a foolhardy activity. Granted, many people may not realize that they are legally drunk, yet still end up facing the full force of New Jersey’s drunken driving statutes. In such cases, it is highly advisable to seek the counsel of an experienced legal professional.
Continue reading

March 2, 2013

Out-of-State Driver Charged with DWI after Camden County Speeding Episode on Rte 42

by Jonathan F. Marshall

We’ve repeatedly warned readers about the folly of driving while intoxicated under any circumstances here in the Garden State. Frankly, with the state laws what they are and the zealous nature with which county and municipal prosecutors pursue drunk driving convictions, is there any reason whatsoever to make one’s life any more complicated by adding a DWI to the mix? We think not. Yet, every day, motorists from all over the state, as well as those simply visiting, are caught driving while impaired by alcohol, prescription medications or illegal drugs, such as marijuana and meth.

As New Jersey drunken driving defense lawyers, the attorneys here at the law offices of John F. Marshall are ready and willing to assist individuals who have been charged with traffic-related offenses such as DWI and drug DUI, as well as serious non-drunk driving-related crimes. Since most people do not expect to be charged with driving while intoxicated, the first step following a DWI arrest is to learn, quickly, about how to select a qualified defense attorney.

Most people have heard the old adage, “knowledge is power.” It’s true that one can educate him or herself about our state’s legal system and how cases work their way through the judicial process. You can also learn about the possible consequences from being convicted of the charges lodged against you. But this can also be a time consuming process. Certainly, along with informing yourself on the various legal points associate with your case, one should take some of that time to find a good DWI defense lawyer with trial experience.
Continue reading

January 22, 2013

Sussex County Drunk Driving News: Out-of-State Driver Arrested in Sparta Twp for DWI Accident

by Jonathan F. Marshall

Following any arrest associated with driving under the influence, it is never a bad idea to contact a qualified legal professional to understand your particular case and to better know your rights under the law. Particularly if one is charged with DWI, drug DUI, impaired driving of any kind, breath test refusal, and any other related moving violations, it would be wise to retain an experienced drunken driving defense lawyer.

We mention this because there is a percentage of the driving population that never calls an attorney after receiving a summons for driving while intoxicated. Why? It’s hard to say, since every person’s situation is different. But what one must ask themselves in such instances is, “Would I be better off without legal representation when facing serious charges of DWI or DUI?”

Frankly, if a motorist who is slapped with a DWI charge chooses not to retain counsel, there is a rather high likelihood that he or she might find themselves on the receiving end of a guilty verdict from a local or county court. Few people realize that it is not uncommon for a driver accused of DWI to still be convicted of drunken driving even though his blood-alcohol content (BAC) was recorded at below the legal limit (0.08 percent). The ace-in-the-hole for the state can often be what lawyers refer to as observed intoxication.
Continue reading

December 4, 2012

New Jersey Woman Accused of DWI, Endangering 5-Year-Old While Driving Drunk Out-of-State

by Jonathan F. Marshall

There are a myriad of things one shouldn’t do when driving, but operating a motor vehicle while impaired by prescription drugs, beer, wine or hard liquor is definitely at the top of that list. As New Jersey drunken driving defense attorneys, the DWI lawyers at my firm know all too well that drivers who drink alcohol, or even take doctor-prescribed medication, run a serious risk when getting behind the wheel while intoxicated. Aside from the extreme physical dangers, the odds of being arrested for DWI or drug DUI increase with the frequency of driving under the influence.

Of course, the law prohibits a highway patrolman or municipal police officer from stopping a motorist solely on a hunch that the subject is drunk behind the wheel of his or her automobile. Here in the Garden State, a state police officer or city cop must witness a moving violation in order to pull a driver over. What this means is that although a motorist may be intoxicated while driving, until that driver makes an illegal turn, runs a stop sign, exceeds the posted speed limit, or breaks any one of the dozens of other moving violations, a policeman cannot simply stop a car because he thinks that the driver is drunk.

But no one should in any way construe that operating a car, truck or other vehicle while impaired is okay so long as one isn’t caught. As we alluded to previously, there are serious and irreversible consequences to drunk driving, not the least of which is the very great risk of getting into a bad accident. In fact, this is one of the reasons why New Jersey drunken driving laws include harsh penalties for those convicted of DWI and drug DUI.
Continue reading

November 21, 2012

Somerset County, NJ, DWI News: Out-of-State Driver Charged Following Drunk Driving Injury Accident

by Jonathan F. Marshall

On too many occasions, individuals accused of drunken driving walk into a courtroom with no representation and very little preparation, apparently ready to accept the court’s judgment on something that could haunt them for years to come. Here in the Garden State, it is always a good idea to seek counsel from an experienced legal professional regarding a DWI or drug DUI summons. If winning one’s case was not enough impetus for some, perhaps avoiding hundreds and likely thousands of dollars in fines, fees, assessment and other costs related to a drunk driving conviction should help influence many people’s decision.

At the very least, even if someone is not disposed to retaining the services of a qualified attorney, there is much one can learn from an initial consultation, which in the end may point an individual in the right direction. We know this from our professional experience as New Jersey DWI-DUI defense lawyers. As a former municipal prosecutor myself, I understand the strategies used by prosecuting attorneys that are tailored to attain a guilty plea or gain a guilty judgment against a defendant in a DWI case.

Although receiving a summons for drunk driving following a routine traffic stop should never be taken lightly by drivers in the Garden State, there are worse alcohol-related scenarios that can result in much worse outcomes for one accused of DWI. More to the point, being concerned about an arrest that takes place at a typical sobriety checkpoint is natural; however, consider how much more serious one’s position should an arrest follow the aftermath of an injury-related traffic accident that may have been alcohol-related.
Continue reading