Sobriety Checkpoints

March 12, 2013

Anti-DWI Enforcement Update: Westfield Police Taking to the Streets this St. Patrick’s Day

As drunk driving defense attorneys, the legal staff here at the Law Offices of Jonathan F. Marshall have a great deal of expertise in defending motorists accused of operating their car, truck or motorcycle while under the influence of alcohol, doctor-prescribed meds and even illegal substances (also referred to as CDSs, or controlled dangerous substances). Whether one has been arrested in Bergen, Hudson, Ocean or Monmouth County, the penalties for DWI or drug DUI can be quite harsh, because of which it makes all the more sense to consult a qualified drunk driving lawyer following a DWI incident.

Living and working here in the Garden State, it is important to understand the affect that the law has on people who have been charged with a traffic violation such as drunken driving. Equally as important, one should be aware of the implications of any number of related offenses, like breath test refusal, drug-related DUI, possession of a CDS in a motor vehicle, underage drinking and/or driving, etc.

As motorists ourselves, we share the road with the rest of the New Jersey driving public and we know the dangers involved in drinking and driving from our work with clients accused of DWI as well as from a variety of case law and trial experience. We also know that the state — including law enforcement and the judicial system — has an extremely low tolerance for individual who have been convicted of drunk driving.
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January 26, 2013

Jersey Residents Arrested for Drunk Driving, DUI and Marijuana Possession in Morris and Union Counties

by Jonathan F. Marshall

For anyone who has never been charged with drunk driving there are many aspects of a DWI arrest that can be surprising and even shocking for “first-timers.” As New Jersey drunken driving defense lawyers, I and my colleagues understand the fear and concern that goes along with a first-time DWI or drug DUI arrest. In fact, even before a driver is pulled over for a traffic violation, it is very possible that the officer in charge was already making mental notes about a motorist’s driving behavior.

This is important to realize, since some individuals who are accused of operating a motor vehicle while under the influence of beer, wine or hard liquor may not consider all the possible evidence they may be faced with during their drunken driving hearing. Getting together with a qualified DWI defense attorney is critical when attempting to assess one’s options going into a DWI or drug DUI trial.

Not only will an officer be asked by the prosecuting attorney regarding a driver’s vehicle operation before the traffic stop, but any information that a motorist offers up or provides during a roadside interview will likely be used as evidence when pursuing a guilty verdict in the courtroom. What many drivers don’t realize is even those “minor” or inconsequential comments that one makes during a police stop can be used by the prosecution to make its case against a defendant.
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January 2, 2013

Could Cash Incentives for Reporting Garden State DWIs Help NJ Police with Drunken Driving Enforcement?

by Jonathan F. Marshall

Most New Jersey drivers already know that state and federal law enforcement and traffic safety groups spends a great deal on anti-drunken driving education and enforcement, especially around the holidays. We can see it constantly; the increased DWI-DUI patrols on our highways and surface streets, more frequent drunk driving roadblocks and sobriety checkpoints…never mind the numerous radio and TV public service announcements aimed at making potential drunken drivers aware of the risks of operating a motor vehicle while intoxicated by beer, wine or hard liquor. The word is out: New Jersey is hardly tolerant when it comes to DWI, or even drug DUI (prescription or illegal substances like marijuana).

Whether one is arrested for driving under the influence here in Monmouth County, Passaic, Ocean or Sussex County, the results of a drunk driving conviction can be expensive, inconvenient and even embarrassing. But what if every citizen was encouraged (monetarily) to report fellow drivers that they suspected of driving drunk, or likewise impaired by some kind of prescription medication? It’s happened already, according to news reports, down in the Sunshine State.

Based on a recent article, reporting an allegedly impaired motorist down in Palm Beach County, FL, will apparently yield the caller $100. The program known as “Mobiles Eyes,” which has been in effect for the past decade, was created to get the driving public involved in looking out and reporting potentially drunk drivers. In return, according to news articles, the caller receives payment if that particular motorist is arrested for driving while intoxicated.
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December 27, 2012

NJ DWI Defense Update: Chronic Drunken Driving Can Lead to Drunk Driving Arrests

by Jonathan F. Marshall

There’s little defense for poor decisions made in haste. Whether that applies to being pulled over for a minor traffic infraction, leading to a DWI or drug DUI summons; or if its making the wrong choices heading into a court hearing on a charge of driving while intoxicated, a poor decision in either instance can lead to license suspension, steep fines and penalties and even the loss of one’s job or standing in the community.

Regardless of the circumstances, never assume that a qualified DWI defense attorney is not worth talking to, at the very least to more completely understand your rights as well as the possible outcomes of a DWI or DUI case. As a defendant, knowledge is power. An experienced drunken driving lawyer has the skills and knowledge it takes to negotiate legally in a courtroom setting.

The loss of one’s driving privileges is nothing to ignore, especially if you absolutely need a car to get to work or school. The loss of mobility can not only be a burden on family and friends, who may be asked to help get a convicted drunk driver here and there, but it can affect one’s ability to find a job or even to hold on to one. Before walking into a courtroom unprepared for the consequences, consider a consultation with a qualified legal professional well versed in drunk driving law.
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December 18, 2012

New Jersey Receiving Millions in Anti-Drunk Driving Grants for DWI Enforcement across the Garden State

by Jonathan F. Marshall

For anyone who wonders if the nation’s financial woes have impact enforcement of drunken driving laws here in the Garden State, the short answer is likely, No, at least in the near term. As New Jersey DWI defense attorneys, I and my legal staff talk to dozens of individuals every month who have been accused of driving while intoxicated. Although many of these people believe they are not guilty, some may be convicted of DWI or drug DUI and others may not. Whatever the circumstances surrounding a drunken driving arrest, it’s always a good idea to get some perspective from a qualified defense attorney.

Getting back to the issue of DWI-DUI enforcement, such as roadside sobriety checkpoints and roadblocks, as well as enhanced drunk driving patrols, recent news articles show that the funding of state and municipal police agencies continues apace regardless of talk swirling around Washington, D.C, to limit costly appropriations and government-funded programs.

Regardless of whether one is arrested in the city streets of Trenton, Toms River or Princeton, odds are that some motorists will be picked up by a police officer whose overtime is paid for by federal money received by New Jersey law enforcement agencies. The question that many people may be asking themselves is whether these expenditures are worth even a significant increase in drunken driving arrests and DWI or drug DUI summonses.
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December 10, 2012

The Joyous Holiday Season Can See More DWI Patrols, Frequent Drunk Driving Arrests for NJ Residents

by Jonathan F. Marshall

Throw another Yule log on the fire and pour a bit more holiday cheer, but be very careful not to celebrate and drive all in the same timeframe. Here in the Garden State, like many areas around the country at this time of the year, the period from Thanksgiving through New Years’ Eve can see increases in police anti-drunken driving patrols, as well as roadside sobriety checkpoints
We all know the dangers of drunk driving, driving while intoxicated and operating a motor vehicle while impaired by doctor-prescribed medications, so let’s just say that staying sober on the road this holiday season is the best defense against a DWI arrest or a drug DUI summons. As New Jersey drunken driving defense attorneys, it’s our experience that helps people accused of driving under the influence of beer, wine, hard liquor and even illegal substances, such as cocaine and marijuana. New Jersey drivers themselves can do themselves a big favor by finding a sober ride home if they’ve had too much to drink at a family get-together, holiday open house or seasonal office party.

As many people already know, state police and municipal law enforcement departments are constantly on the alert for drivers who break the law by drinking and driving. And while a DWI arrest rarely begins with an officer assuming a driver is drunk behind the wheel of his or her automobile, the results of many holiday traffic violations can end up with a motorist being arrested and charged with DWI or DUI, not to mention other moving violations. We won’t even mention those arrests that come after a roadway collision that may or may not have been the result of driving drunk.
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November 2, 2012

Garden State Drunk Driving Arrest Update: With the Thanksgiving Holiday Coming, Anti-DWI Enforcement is Imminent

by Jonathan F. Marshall

It’s fair to say that during portions of the calendar year there are more than an average number of DWI, drug DUI and other alcohol-related driver arrests that occur, especially when the holidays are concerned. Just as the various annual “Over the Limit, Under Arrest” anti-drunken driving campaigns net state and municipal enforcement agencies with a good number of drunk driving summonses, it doesn’t take long for motorists to be caught operating under the influence as the winter holidays approach.

Labor Day and Memorial Day certainly bring out a large number of drunk driving patrols across the Garden State, including the ubiquitous DWI roadblocks (or drunken driving checkpoints) that pop up every weekend to catch unsuspecting drivers who may have had a glass of wine or bottle of beer with friends. Federal funding of these efforts is one major way in which these large-scale drunk driving efforts manage to keep local patrolmen and state police troopers on the lookout for potential drunk drivers.

So, with Thanksgiving a few weeks away, and the Christmas and New Year’s holidays not long after that, it’s important to remind everyone to be especially careful when celebrating this coming holiday season. Whether one live or works in Sussex, Passaic, Monmouth or Ocean County, you have no doubt noticed an increased police presence during holiday weekends. New Jersey expressways, tollways and surface streets can be the scene of many a routine traffic stop-turned-DWI arrest.
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September 13, 2012

Garden State DWI Defense Update: Sobriety Roadblocks Quite Common in New Jersey, Elsewhere

by Jonathan F. Marshall

To borrow a turn of phrase, it seems that one can’t swing a cat with hitting a drunken driving checkpoint here in New Jersey. With apologies to cat lovers everywhere, the point we’d like to make is that state and local law enforcement agencies do appear to use sobriety roadblocks very frequently here in the Garden State. As New Jersey DWI defense attorneys, I and my legal defense team have represented numerous clients who had the unlucky experience of being arrested for DWI or Drug DUI (including charges of marijuana possession or use) at one of the state’s many drunk driving roadblocks over the years.

Despite the fact that state and municipal police departments are legally required to publicly announce in advance any sobriety checkpoint, dozens of drivers every year end up being charged with driving while intoxicated after being flagged off the road into a roadblock of or kind or another. Once under the scrutiny of patrolmen on duty, motorists who have maybe had a drink or two prior to getting behind the wheel of their car could easily be singled out for field sobriety testing and perhaps a breathalyzer test.

If one had any doubt as to the relatively commonplace occurrence of these drunk driving netting operations, the news pages are full of examples. We ran across several not long ago. They included one such roadblock in the Cherry Hill area, another operated in the East Hampton and Sag Harbor area, as well as a third in the vicinity of Bridgeton, NJ. The results, for those people found to be impaired by alcohol, prescription drugs (drug DUI) and illegal controlled substances (CDS) are usually an arrest or summons for a future court hearing.
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April 28, 2012

A Look at Field Sobriety Tests Used by New Jersey Patrolmen During DWI-related Traffic Stops

by Jonathan F. Marshall

It’s something that we get asked numerous times every year: What is it like to be stopped for drunk driving and how can I be prepared for such an event? As New Jersey DWI defense lawyers the first thing were are apt to say would be don’t let yourself get into that type of situation to start with. Considering the potential monetary penalties for DWI, not to mention the associated social stigma of an arrest, much less a conviction, this is probably the most reasonable advice anyone could give.

But as for what happens during a DWI stop, it’s first important to remember that the police cannot pull a motorist over simply on the “hunch” that the driver is intoxicated or has had too much to drink. New Jersey law requires that a patrolman observe some kind of other traffic offense or violation (improper turn, speeding, or even a broken headlamp).

Many officers will describe the so-called tell-tail signs that indicate that a driver is drunk behind the wheel. These may include tailgating another vehicle or swerving in and out of a lane of travel. Others may say that driving too slowly, having the headlamps turned off in the darkness or driving constantly with their high beams on are good indicators of a drunken driver.
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March 16, 2012

DUI Enforcement Update: NJ Sobriety Checkpoints Going Up Tonight, Anticipating St. Patrick’s Day Celebrants

by Jonathan F. Marshall

As drunken driving defense attorneys representing New Jersey residents and other drivers accused of DWI or drug-related impaired driving (drug DUI), I and my legal team have more than 100 years of collective experience in defending individuals charged with operating a motor vehicle under the influence of alcohol or a controlled dangerous substance (CDS).

As motorists ourselves, we are pleased to know that state police and local municipal law enforcement personnel are working hard to keep our roadways safe from all manner of traffic hazards and other dangers. And while we commend the law enforcement community for making our streets and highways safer, we can’t help but wonder whether the money spent and the efforts made are not sometimes directed toward innocent motorists are become the focus of drunk driving patrols and sobriety checkpoints for no other reason than a possibly minor traffic infraction.

As a former municipal prosecuting attorney, and now as a drunk driving defense lawyer, I know that from time to time there do occur unjustified drunken driving arrests. From my extensive experience, I do know that a percentage of DWI charges do not, in fact, hold up in court. For this reason, I am committed to representing individuals accused of DWI, drug DWI and breath-test refusal in Middlesex, Hudson, Ocean and Atlantic Counties.
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