Ocean County DWI Defense

November 16, 2013

Ocean County DWI News: Berkeley Police Net Half-dozen Drunken Drivers during Late-night Checkpoint

Success can be measured in many ways. For the police it can often mean the total number of traffic tickets or felony arrests over a month’s time. When it comes to sobriety checkpoints, we often read of successful efforts resulting in drunken driving and drug DUI charges against motorists who were pulled over at any number of roadside DWI checkpoints. The result, for many of the drivers served summonses at these locations may be fines or even jail time, depending on their particular circumstances.

As New Jersey drunk driving defense lawyers, we have seen numerous individuals who have been stopped at one of these late evening police roadblocks only to be arrested for operating a motor vehicle while intoxicated. Despite concerns over the legality of sobriety checkpoints, the practice continues all across the Garden State.

Known variously as DUI checkpoints, drunk driving roadblocks or DWI checkpoints, the purpose of these so-called sobriety roadblocks is primarily to deter motorists from driving their vehicles vehicle while under the influence of alcohol, prescription medication, or an illegal substances (also known as a controlled dangerous substance or CDS).
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November 8, 2013

Older NJ Drivers Just as Likely to be Arrested for DUI-DWI as Younger Motorists

by Jonathan F. Marshall

Having defended a great many individuals accused of DWI throughout the years, the attorneys at our firm realize that nobody is immune to what is often referred to as the “long arm of the law.” Especially where traffic enforcement is concerned, patrolmen are usually quite vigilant when it comes to spotting erratic driving behavior on Garden State roadways. And if a motorist is found to have been drunk behind the wheel, the law does not discriminate — fines, court fees and increased auto insurance premiums are just a few of the penalties that await someone unlucky enough to be found guilty of DWI.

And, as New Jersey drunken driving defense lawyers, we are well aware that both young and old are equally likely to be arrested for drunk driving. Although older drivers may have more experience behind the wheel, the intoxicating effects of alcohol or a controlled dangerous substance (CDS), such as marijuana, cocaine or meth, can make even the most qualified driver less than effective on the road.

With many kinds of traffic offenses, usually the more minor ones however, a motorist’s age and driving history can work in his or her favor. Unfortunately, with the focus on eliminating the dangers of drinking and driving from New Jersey roads, courts are unlikely to give an older, seasoned driver a “pass” when it comes to a drunk driving arrest. A good driving record can be a plus, but depending on the circumstances, penalties both in terms of monetary fines and jail time can still be a significant possibility.
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November 6, 2013

Lacey PD Officers Arrest Toms River Woman for DWI in Ocean County Retirement Community

by Jonathan F. Marshall

While drinking and driving is a serious offense with stiff and long-lasting penalties, there are several steps between being charged with DWI and being convicted of drunken driving. The fact of the matter, assuming that a police officer stopped the defendant on legitimate grounds, is that the state must prove to the court that the driver was intoxicated at the time of the arrest. Although this might seem like a slam-dunk to most people, as New Jersey DWI defense attorneys, my colleagues and I know that a great deal can change between the time of the arrest and that of the court’s verdict.

Proof of intoxication is no doubt a key piece of evidence in every municipal prosecutor’s case file. If the state cannot prove that a driver was legally impaired at the time of the arrest, the court most likely will have to dismiss the charges against the defendant. We will add that because of the potentially crippling consequences of a DWI-DUI conviction, there is no good reason to eschew the services of a qualified drunken driving lawyer.

Simply because a person is stopped for a traffic violation and subsequently charged with driving under the influence in no way means that nothing that can be done to avoid a guilty verdict. The main thing to remember is that the state must prove that a driver was, in fact, intoxicated at the time of the traffic stop. For the majority of DWI arrests, there are four ways in which the police can obtain this evidence, including a breathalyzer test, blood test, field sobriety test, and direct admission of guilt by the motorist himself.
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November 4, 2013

Berkeley Police Charge Handful of Drivers with Drunken Driving following Weekend DWI Roadblock

by Jonathan F. Marshall

Here in the Garden State, DWI checkpoints (or drunk driving roadblocks, by which they are also referred) are a common tool used by police departments to help decrease the number of alcohol-related traffic accidents, as well as to signal to drivers that drunk driving is in no way being tolerated any more. That said, it is still rather confusing to the general public regarding the how and why of these seemingly invasive means of generating DWI arrests.

Because the U.S. Constitution protects the public from unreasonable search and seizure, many trial lawyers find the use of sobriety roadblocks and DWI checkpoints somewhat of an affront to the basic rights afforded citizens by the Bill of Rights. Yet, despite the fundamental argument that motorist should be protected against unreasonable search or seizure by the police during a traffic stop, the Supreme Court has previously upheld the constitutionality of drunk driving checkpoints as a means for ensuring the public good.

As most any New Jersey driver is no doubt aware, anti-drunken driving enforcement in the Garden State is undertaken in a number of different ways depending on the season or circumstances. Enhanced roving drunk driving police patrols throughout counties like Hudson, Atlantic, Bergen and Middlesex are often employed before and during popular holidays such as July Fourth, Memorial Day and New Year’s. The use of DWI-DUI checkpoints and sobriety roadblocks is also thought to catch a percentage of motorists who may be inebriated behind the wheel.
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November 3, 2013

Garden State DWI Defense Update: Save Your “Fight” for the Courtroom

by Jonathan F. Marshall

Having represented hundreds of clients over the years, my colleagues and I fully understand the anger and frustration felt by those who have been accused of operating their car, truck or motorcycle while under the influence of beer, wine or hard liquor. Especially for people who may not have fully aware that they were possibly drunk or potentially impaired by alcohol or prescription drugs, being arrested and served with a DWI-DUI summons can bring out the worst in some individuals.

Yet, as experienced DWI defense lawyers we can tell anyone who asks that the time is never right for a verbal outburst toward or physical conflict with an arresting officer. Expressing one’s dismay at the scene of a drunken driving traffic stop may seem natural to some; however, as long-time trial attorneys we can say without much hesitation that it’s better to save one’s energy and use it to fight the charges later in court. Quite frankly, the roadside is hardly the venue for venting one’s anger at a policeman.

At the Law offices of Jonathan F. Marshall, our attorneys work to preserve your rights under the laws of New Jersey and the United States Constitution. As knowledgeable and experienced trial lawyers, we work hard to represent motorists who have been charged with DWI, drug DUI, breath test refusal and other alcohol and drug-related traffic offenses.
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November 1, 2013

Garden State Sobriety Roadblocks Continue to Catch Some Intoxicated Motorists

by Jonathan F. Marshall

Being long-time trial attorneys skilled in the defense of individuals accused of civil and criminal offenses, we understand how there are some people who still are inclined not to take a DWI or drug DUI arrest that seriously. However, as professional drunk driving defense lawyers, we can say without much hesitation that while being arrested may not always get a person’s attention at the time, being thrust into a DWI-DUI court hearing while facing some hefty monetary penalties usually does.

Here in the Garden State, my colleagues and I make it our job to help those motorists who have been accused of driving under the influence of alcohol or operating a motor vehicle while impaired by doctor-prescribed medication or another controlled dangerous substance (CDS). We certainly do understand the financial burden that a DWI or drug DUI conviction can have on many individuals, not only in terms of fines and assessments, but also in the way that a loss of personal mobility can affect the ability to perform one’s job or simply go about daily life.

It’s always interesting to read about the increase in anti-drunken driving enforcement as certain holidays approach or when vacation season is at its zenith. However, there are always local police patrols — as well as state trooper units — that are constantly on the lookout for potentially impaired drivers. Here in New Jersey, where the frequency of anti-DWI campaigns can be very high, drunken driving saturation patrols and sobriety checkpoints are also common. Sometimes, there is no particular campaign in effect, but simply a police presence on certain roadways that have frequent DWI incidents.
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October 30, 2013

Ocean County Drunk Driving Police Blotter: Manchester, Stafford, Lacey and Toms River DWI Arrests

by Jonathan F. Marshall

As drunk driving defense attorneys, my legal staff handles a wide range of alcohol- and drug-related cases every year. The defendants in those DWI-related cases have usually been arrested following a roadside police stop arising typically from a rudimentary traffic-related offense. Other accused drunken drivers may have been taken into custody following a traffic accident or an encounter with police at one of the many sobriety checkpoints erected monthly around the state.

Whatever the situation, those individuals who have been detained or arrested and subsequently charged with a DWI, drug DUI, breathalyzer refusal, or other related offense can often find themselves going before a judge who will hear their case. A number of the dozens upon dozens of drinking and driving cases heard every month across the Garden State started off as arrests listed in the police blotter pages of local and state newspapers and news-related websites.

Every week, for those who may be curious, the police blotter section of various news outlets pages enumerate a variety of scenarios in which average drivers have found themselves arrested and charged with an alcohol- or prescription drug-related DWI or DUI offense. Whether the arrest happens in Middlesex, Hudson, Monmouth or Bergen County, as professional DWI defense lawyers, my colleagues and I have participated in our share of hearings, from car or truck collisions caused by allegedly intoxicated drivers to those motorists accused of possessing a controlled dangerous substance (CDS) in a motor vehicle.
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October 28, 2013

Ocean County DWI News: Underage Drunk Driver Crashes Car after Fleeing Police in Toms River

by Jonathan F. Marshall

Occasionally we run into news reports that illustrate many of the wrong things to do when trying to avoid DWI or DUI charges. Although the vast majority of New Jersey motorists arrested for drunken driving hardly expected that they would find themselves sitting at police headquarters and taking a breathalyzer test, a much smaller percentage of drivers could be said to be prone to being charged with drinking and driving. Still others may simply be unlucky enough to be in the wrong place at the wrong time.

As New Jersey DWI lawyers, we know that a fair number of people charged with drunk driving are actually first-time offenders who might otherwise, under any other circumstances, be considered law-abiding citizens. Of that group, there is likely a percentage who believe they did not deserve to be charged with driving under the influence of alcohol or prescription drugs (drug DUI). It should be added that, in our experience, there are numerous individuals who may not have been legally drink at the time of their arrest, but who still were charged erroneously by the police.

From our perspective, everyone who is accused of a crime should avail himself of the legal expertise of a qualified New Jersey trial lawyer. As the law provides, everyone does deserve to have their case heard in a court of law. A news story we ran across from a couple months back could likely be termed a playbook on what not to do after having a few drinks. While we prefer not to make any judgments ourselves, suffice it to say that it is not advisable to A) run from the police when one is B) underage and potentially intoxicated behind the wheel.
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October 16, 2013

The Typical New Jersey DWI Stop is Hardly Typical when You’re the One Being Arrested

by Jonathan F. Marshall

The skilled attorneys at the Law Office of Jonathan F. Marshall have successfully defended motorists arrested for and charged with drunk driving, drug DUI, breath test refusal and other alcohol and prescription drug-related offenses in Monmouth, Sussex, Middlesex and Union counties. Our commitment to our clients is demonstrated by the aggressive and vigorous defense; and our legal staff is knowledgeable in all aspects of New Jersey DWI law, criminal statutes and offenses involving drug DUI and possession in a motor vehicle.

As Garden State DWI-DUI defense lawyers, we understand how frightening a drunk driving arrest can be to the average person; if only because most drivers who are charged with a first-time offense for operating a motor vehicle while under the influence of alcohol are likely law-abiding individuals with families and good standing in their community.

Unfortunately, law enforcement personnel are usually more interested in whether a crime or civil offense has been committed and less about the background of the alleged offender; that is something for a judge to consider when the case comes to trial. As attorneys, we endeavor to pursue the facts and present our client’s case in the best possible light, while working to call into question the prosecution’s arguments and evidence that is being used against the defendant.
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October 12, 2013

New Jersey Councilman’s Son Gets Seven Years in Jail for Fatal Ocean County DWI Accident

by Jonathan F. Marshall

Being arrested for DWI is one thing, but being charged with a roadway accident, or worse, one that involves a death is certainly a serious situation that usually calls for the skills of an experienced trial attorney who understands the drunk driving laws here in the Garden State. And we will add that while a thorough understanding of the law is definitely a prerequisite, retaining a lawyer who has defended motorists against drunken driving, CDS and drug DUI charges is also important.

As a former municipal prosecutor, I and a number of my legal staff have worked both sides of the aisle in DWI and DUI litigation. No matter where you drive here in New Jersey, whether it’s Bergen, Union, Sussex or Atlantic County, if you are pulled over by a state trooper or city cop and issued a drunken driving summons, your legal fight will be helped a great deal with the assistance of a qualified DWI-DUI attorney. On the far end of the scale, being implicated as the cause of a fatal drunk driving-related car, truck or motorcycle collision only raises the stakes to a much higher level.

As New Jersey DWI defense lawyers, our job is to represent motorists accused of driving under the influence of alcohol or prescription drugs (drug DUI). One thing is certain, at least in cases involving an alcohol-related traffic death, if the police and local prosecutor believe that the driver who caused the crash was impaired by alcohol, prescription meds or illegal drugs like cocaine or marijuana — the consequences can be truly serious and very harsh.
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