Ocean County DWI Defense

January 10, 2014

Monmouth County DWI Defense: Exploring Various Aspects of a Typical Drunken Driving Arrest

Being stopped by a New Jersey State Police officer or local cop for a traffic offense can be unnerving enough for most people without the added concern of being arrested for DWI. As Garden State drunken driving defense lawyers, my firm is all too aware of the emotions that can come to the surface when faced with a summons for driving under the influence. Often frightening, and certainly unsettling, the experience of being taken into custody is only overshadowed by the potential financial impact that a DWI or drug DUI conviction can have on an individual or his family.

The state of New Jersey has long since banned plea bargaining as a common avenue to having a drunk driving charge dismissed or downgraded. Because of this, many people might wonder why they should even consider retaining a DWI attorney at all. First and foremost, an experienced legal expert can look for flaws in the state’s case, which can range from the way the police officer conducted the traffic stop prior to the DWI arrest, to the procedures followed or skipped after the driver submitted to a breathalyzer device in order to determine his or her blood-alcohol concentration (BAC).

When asking why one should hire a lawyer for a DWI or drug DUI defense, it may be more important to ask what the secret to success is when it comes to avoiding a conviction. At the very least, someone accused of driving drunk should contact a qualified professional to determine if fighting a drunk driving summons would be fruitful or if a downgrade is possible. In our experience, identifying any potential issues that may undermine the state’s ability to prove the DWI-DUI offense is a key objective when discussing a defendant’s options going forward.
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January 3, 2014

Poor Vehicle Maintenance Can Bring New Jersey Drivers that Much Closer to a DWI Arrest

by Jonathan F. Marshall

Beware the ever-present danger of being pulled over for a simple vehicle equipment violation, as it could possibly open the door to an even more costly drunk driving arrest. This may sound like an odd warning, but as professional DWI defense lawyers, my colleagues and I are well aware of the number of individuals who have been charged with drunk driving following a traffic stop for vehicle infractions as basic as a burned out taillight.

The fact of the matter is that not replacing a simple $10 light bulb can in some cases lead to hundreds or thousands of dollars in fines, fees and auto insurance premium increases. Unfortunately, by the time many drivers realize their vehicle may have a problem, a police stop is already well underway. And, if the driver has had some beer, wine, or a mixed drink recently, then there is a good chance that a DWI summons may be on the way, along with that inevitable vehicle equipment violation.

As New Jersey drunken driving defense attorneys, we know how human nature can affect the outcome of many aspects of life, not to mention traffic stops and drunken driving arrests. My law firm has represented dozens upon dozens of drivers who may or may not have indulged themselves to excess prior to getting behind the wheel of a motor vehicle. And, it’s difficult to predict how a certain amount of alcohol is going to affect any one person.
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December 31, 2013

Ocean County Sobriety Roadblock Nets Police Handful of Intoxicated New Jersey Motorists

by Jonathan F. Marshall

Considering the volume of DWI and DUI arrests that are carried out every month in the Garden State, most every drunk driving defense attorney has likely represented at least a few clients who have been charged with driving while impaired after running afoul of the police at a local DWI checkpoint. Most months, all around the state, one might expect a certain number of these DUI roadblocks in operation on the weekends and during high-traffic holidays. This makes it all the more certain that, over time, more motorists will be arrested at one of the late-night roadblocks and hit with a DWI summons.

The fact that state and local law enforcement agencies are legally obliged to make public the locations and operating times of these so-called sobriety checkpoints could lead many people to assume that it is relatively easy to avoid being stopped at one of these roadblocks, whether one is driving with some amount of alcohol in one’s system or not; however, it is also very easy to overlook the relatively brief announcements that appear prior to the erection of a DWI-DUI checkpoint.

According to New Jersey legal statutes, the police are limited as to the locations and operation of a sobriety roadblock. Quite simply, the authorities cannot place a checkpoint anywhere they choose; it must be located in an area that has a demonstrated history of prior incidents of drunken driving.
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December 29, 2013

Toms River Driver Accused of DWI after Single-vehicle Ocean County Car Crash

by Jonathan F. Marshall

Being stopped for a minor traffic violation by a New Jersey state trooper or local patrolman may not seem too serious to some people, unless the motorist in question has taken a drink in the recent past. Seeing as driving drunk is looked upon with much disdain here in the Garden State, it is not difficult to understand how a normally upstanding citizen can find him or herself in relatively hot water if alcohol is mixed with the operation of a motor vehicle.

Whether a driving infraction takes place in Sussex, Bergen, Monmouth or Hudson County, there is really no difference in the penalties that most any driver will likely face if convicted of driving under the influence of beer, wine or hard liquor. And, for those individuals who hardly ever touch alcohol, keep in mind that even doctor-prescribed medications can have a deleterious effect on one’s ability to pilot a car, truck or motorcycle. Even teetotalers have been known to be accused of impaired driving due to the effects of one or more prescription medicines.

Seriously, the powers that be in almost every corner of the state have no tolerance for people who slide behind the wheel of a vehicle in an inebriated state. Anyone who believed that all those public service announcements about DWI and drug DUI are simply PR hype, it’s best to think again. Quite frankly, with all the emphasis on drunken driving enforcement during the holidays, as well as other times of the year, it’s difficult to imagine that there are still drivers who take the chance of bine arrested for DWI or DUI, but it does happen with extreme regularity.
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December 23, 2013

Ocean County Man Arrested by Manchester Twp. Police, Charged with Marijuana Possession and Weapons

by Jonathan F. Marshall

Depending on the type of DWI or drug DUI offense, the evidence against a motorist can portend some stiff penalties, in terms of fines, fees and assessments, as well as possible jail time. Regardless of the ultimate charges, it is safe to say that most every impaired driving arrest sometimes starts with a simple mistake made by a driver in the presence of a police officer. This can happen in small towns, larger cities or on the parkway or interstate.

No one can say what basic traffic law may be breached in order for a municipal cop or state trooper to effect a roadside stop, but once it does happen, all bets are off. Any evidence discovered during the ensuing traffic stop will likely be used by the prosecution in an effort to obtain a guilty verdict later in court. As Garden State DWI defense attorneys, my legal team is ready and willing to offer its expertise to those driver accused of drunken driving or drug-impaired motor vehicle operation.

Aside from DWI or DUI, other charges — either tied to an impaired driving charge or arising from the initial traffic stop — may be forthcoming. Breath test refusal, possession of a controlled dangerous substance (CDS), or other infraction may also result in an arrest and possible charges against the motorist. We often read of instances where people have been pulled over for one reason, only to be taken into custody for something less expected, at least to the police and third-party observers. Take for instance a news item we ran across a little while ago.
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December 16, 2013

Hudson and Ocean County DWI News: Police Arrest Four Motorists for Various Drunken Driving Offenses

by Jonathan F. Marshall

Drunken driving, DUI, DWI, impaired driving, drug DUI, breath test refusal and numerous other drug- and alcohol-related driving offenses are topics that many people of driving age have heard of, but fewer actually know about from personal experience. Covered under the New Jersey drunk driving statute (N.J.S.A. 39:4-50), offenses such as driving while intoxicated by alcohol and driving under the influence of drugs are serious charges that carry stiff penalties for anyone convicted of them.

As Garden State DWI defense lawyers, my colleagues and I have discussed with many of our clients the rather harsh penalties associated with a guilty verdict for drinking and driving. Despite the amount of publicity aimed at discouraging DWI-DUI, it is interesting that many motorists apparently still find it hard to imagine that they will ever be arrested for operating a motor vehicle while under the influence.

As every drunk driving defense attorney knows, New Jersey’s DWI law states that no person shall operate a vehicle while under the influence of any intoxicating liquor, narcotic, hallucinogenic or habit producing drug. The penalties for such an offense include upward of $400 for a first-time offense plus a one-year driver’s license suspension. For a second offense the stakes rise to as much as $1,000 and a two-year license suspension.
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December 14, 2013

Responding to Report of Suspicious Vehicle in Berkeley Twp, Police Arrest Two for Drugs

by Jonathan F. Marshall

It is certainly obvious to the majority of motorists that operating a motor vehicle while under the influence of alcohol or drugs is definitely a chargeable offense here in the Garden State. However, fewer people realize that being legally drunk or otherwise impaired while sitting in a parked vehicle is also likely to bring a summons for DWI or drug DUI. As professional drunken driving defense lawyers, my legal team understands how such circumstances can translate into an expensive outcome for some drivers.

When it comes to driving under the influence of beer, wine or hard liquor, the laws of New Jersey are quite specific as to the evidence needed to convict a person of driving while intoxicated, as well as the potential fines and statutory assessments that can result following a guilty verdict. Drug use, or even possession, while driving a vehicle are also outlined in our state’s legal statues. But, again, many people will sometimes be confused by the nuances of the law; that is, those that apply to being “in control” of a motor vehicle while allegedly impaired.

In cases of possession of marijuana in a car or truck, there are important points to remember. If a police officer determines that a person is holding weed in an automobile, it is common for a motorist to receive a summons for pot possession in a motor vehicle. The law that governs this area (N.J.S.A. 39:4-49.1) specifically prohibits any individual from operating a car, truck or motorcycle while “knowingly” in possession of marijuana. Please remember that this applies only to the driver, and not the passenger.
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November 23, 2013

Ocean County, NJ, Driver Charged with DWI after Police Discover Car with Flat Tire

by Jonathan F. Marshall

It goes without saying that drunken driving is a much more serious offense than the typical traffic infractions that can be the precursor of a DWI arrest. In fact, given the choice, most individuals who have been convicted of driving a motor vehicle while under the influence of alcohol or drugs would probably have been much happier with a citation for speeding, improper lane change, or vehicle equipment infraction. The bottom line is that being accused of DWI or drug DUI opens the door to costly fines, fees and assessments, depending on the circumstances.

Although being pulled over for most any traffic offense can be an unnerving experience, being arrested subsequently for DWI or drug DUI can turn an embarrassing and upsetting event into one that is much more frightening. Never mind the potential for a conviction — and its associated serious and expensive consequences — the impact of simply a DWI arrest on one’s personal relationships and professional life can also be quite significant.

As New Jersey drunk driving lawyers, the attorneys at our law firm are skilled in the defense of Garden State motorists who have been hit with a DWI or drug DUI summons, charged with breath test refusal or arrested for possession of a controlled dangerous substance (CDS) in a motor vehicle. Our job is to review a client’s case and look for any significant legal issues that may damage the prosecution’s arguments as the state strives to achieve a guilty verdict.
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November 19, 2013

Two Toms River Drivers Charged with DWI following Separate Drunk Driving Accidents

by Jonathan F. Marshall

Looking at the news from day to day, it’s never too difficult to see that a certain percentage of drunken driving arrests are the result of some kind of traffic accident. Whether a collision takes place between two passenger cars, a single vehicle whose driver loses control and leaves the roadway, or a commercial truck that hits a smaller car, minivan or SUV, the police officers that respond to these incidents take their time to determine the cause of the crash.

As New Jersey DWI defense lawyers, my firm understands that mistakes happen and drivers are sometimes blamed for their role in a roadway accident. The fact that a driver may have consumed even a small quantity of alcohol prior to being involved in a crash — even if the collision was not necessarily the fault of that person — will likely crop up during the on-scene investigation, and later perhaps in court.

The situation is somewhat similar to being pulled over for a traffic violation and subsequently being taken into custody by police on the grounds that the driver is suspected of driving under the influence. While a person may be over the legal limit for DWI — that is with a blood-alcohol content reading of 0.08 percent or more — the recognition of that condition usually arises following a police stop for a lesser offense, such as making an improper turn, having a cracked windshield or a burned out taillight.
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November 17, 2013

Drunken Driving Police Blotter: Monmouth and Ocean County Police Charge Several Drivers with DWI, DUI

by Jonathan F. Marshall

Here in the Garden State, one could say that DWI arrests are hardly uncommon, especially at times of the year when seasonal celebrations or holiday vacations mean more parties and family gatherings than usual throughout the state. As New Jersey DWI and drug DUI defense experts, the legal staff at my firm understands the ease with which a normally law-abiding individual can find himself taken into custody by a local or state police officer and charged with drunken or impaired driving.

Although getting pulled over happens to thousands of motorists every year, those who exhibit behaviors that lead a patrolman to suspect alcohol consumption or use of a controlled dangerous substance (CDS) could be facing stiff penalties down the road. Receiving a DWU or drug DUI summons can be a nerve-racking experience for most anyone who has never even had a traffic ticket for a simple moving violation.

Nevertheless, quite often a drunk driving summons or an arrest for possession of a CDS in a motor vehicle can begin with the most innocent of driving errors. We see it in news articles and in court transcripts all of the time; Failure to signal a turn, faulty headlights or license plate lamps, and even a chipped windshield can open a motorist up to scrutiny by a municipal cop or state trooper.
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