Third or Subsequent Offense DWI

February 8, 2013

NJ State Senate Initiates Bill Requiring EVERY Convicted DWI Offender Use an Ignition Interlock Device

The New Jersey State Senate recently set in motion a bill that if made into law would require any DWI offender — even first-timers — to have an ignition interlock device installed on his or her vehicle as a mandatory condition of their sentencing. According to news articles the new legislation, if passed, would amend the state’s DWI laws to include wording requiring all convicted drunken driving offenders to have an ignition interlock installed in their cars for varying lengths of time.

As New Jersey drunk driving defense lawyers, my colleagues and I have worked for many years helping motorists who have been charged with DWI- and DUI-related offenses. We understand how a single indiscretion can lead to an expensive, inconvenient, embarrassing and often life-changing drunken driving conviction. In fact, numerous personal and professional relationships have been damaged or outright ruined as the result of a conviction for operating a motor vehicle while impaired by alcohol, doctor-prescribed medicines, or even an illicit (read: a controlled dangerous substance [CDS]) drug like marijuana or cocaine.

Having worked in this field for many years, both as a defense lawyer and as a municipal prosecuting attorney, I have a deep understanding of the strategies and tactics that the attorneys for the state employ to secure a conviction. My goal, and that of my legal team, is to provide the best possible defense for those individuals who believe that they have been falsely accused of drunken driving, drug DUI or breath test refusal. Whatever the cause of the DWI-DUI charges, a qualified DWI defense lawyer must consider all the facts in order to help his or her client achieve a just outcome.
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February 3, 2013

Facing a Judge Following a DWI Arrest. What New Jersey Motorists May Expect

by Jonathan F. Marshall

Most people already understand that being arrested for drunk driving here in the Garden State is hardly a walk in the park. Besides the legal issues, just the mere fact that one has been picked up for drinking and driving can cause problems professionally, as well as personally. Once all the embarrassment has passed, then there’s the worry about penalties if one is convicted of DWI or drug DUI.

As DWI defense attorneys, the legal experts at the law offices of Jonathan F. Marshall understand the pitfalls of self-representation when a drunken driving charge is looming. At the very least, it’s wise to consult with an experienced trial lawyer who knows the ins and outs of New Jersey’s DWI law. Considering the potentially expensive and long-lasting effects of a drunken driving conviction, retaining a qualified legal professional to represent you can be a good way to fight a DWI-DUI charge from the get-go.

Seriously, one should always consider the possible downside to losing a drunk driving case. Most anyone who has been accused of drunk driving knows what’s at stake. If found guilty, a defendant can be looking at a wide range of penalties — anywhere from $250 to $1,000 in monetary fines and even possible incarceration (which can range from “just” two days in jail all the way up to six months). Of course, when it comes to a DWI charge, the main factor in determining sentencing is whether or not the offense was a first-, second-, or third-time offense (for anyone who may be wondering, we have seen individuals who have exceeded three DWI offenses in their lifetime).
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October 26, 2012

Ignition Interlock Devices Becoming a Common Requirement for New Jersey Motorists Convicted of DWI

by Jonathan F. Marshall

As we’ve stated previously, those who follow the news, here in New Jersey, know that drunk driving arrests are pretty much a part of the automotive landscape. Considering the various scenarios that can result in a motorist being arrested, charged and tried for operating their car or truck while under the influence of alcohol or doctor-prescribed medication (drug DUI), we as DWI defense lawyers understand how seemingly law-abiding citizens can find themselves in a courtroom trying to explain how they never realized they were drunk in the first place. It’s not an easy road.

For every driver who is stopped for an apparently minor traffic violation there is always the chance that he or she may be served with a summons for drunken driving. These encounters with state and local police are just a precursor to that inevitable appearance before a municipal or county judge. To expect leniency is piling hope upon hope, which rarely works in the real world of DWI law. If nothing else, the years of anti-DWI messages and physical enforcement should tell anyone accused of driving while intoxicated that the police and the courts hold a very dim view of individual whom they believe are DWI offenders.

Whether one is charged with impairment based on consuming alcohol, prescription drugs or even illegal substances such as cocaine, meth or marijuana, the course should be clear; walking into a courtroom unprepared is not a strategy for success. At the very minimum, one should consult with a qualified DWI/DUI defense attorney to better understand the situation and options going forward.
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August 21, 2012

Penalties Associated with a DWI Conviction are Significant and Costly for Many New Jersey Drivers

by Jonathan F. Marshall

Look at the headlines any day of the week and one can see the volume and frequency of drunken driving arrests here in the Garden State. Is it just us, or do we just have bad luck when it comes to being charged with driving under the influence? Probably a little of both, but one thing is for certain, in a state as densely populated as New Jersey, there is bound to be a large number of any legal offense, civil or criminal. As New Jersey DWI defense attorneys, we fully understand how almost any driver can become a statistic of law enforcement.

This is not to say that we condone drunk driving, but we do know that law of averages suggests a certain percentage of motorists accused of drinking and driving are not going to be convicted, whatever the reason. For those who may think it’s worth the gamble, we would be inclined to dissuade those individuals of any notion that they can drink any alcoholic beverage and get away with it. Too many people have seemed to make a career of being arrested for DWI or drug DUI, and the results are not usually good.

For one, the penalties for repeat offenders can certainly add up. And this doesn’t include the car insurance premium increases mandated by law for first- second- and multiple-time offenders who are convicted of operating a motor vehicle while intoxicated by liquor or prescription drugs. Never mind the associated penalties and related costs for individuals who are arrested, charged and convicted of impaired driving by a controlled dangerous substance (CDS), such as meth, cocaine, marijuana and other illegal drugs.
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August 17, 2012

New Jersey Residents Split on Criminalizing DWI in the Garden State

by Jonathan F. Marshall

While the New Jersey’s state police and local PDs run pretty heavy drunken driving patrols from time to time, here in New Jersey the laws on drunken driving treat a DWI as a vehicle violation or civil offense. Unlike other surrounding states, our has yet to criminalize the mere act of driving while intoxicated. Of course, things can get much more involved when property damage or personal injuries are involved, so there is a fine line that a DWI or drug DUI defendant must be aware of.

As New Jersey drunk driving defense lawyers, I and my team of experienced defense attorneys know full well that an arrest for operating a motor vehicle while under the influence is not the same as a conviction. When it comes being convicted of DWI, it would appear that a significant percentage of the public would prefer that even a first-time offender face the same penalties as any criminal. Others feel that lumping convicted DWI offenders in with common criminals is perhaps excessive.

A non-scientific poll conducted by the editors of Patch.com illustrated the divide between those who would criminalize drunken driving offenses and those who feel drivers need at least some leeway, especially when it comes to first-time offenses. Naturally, many people are swayed by the headlines of hundreds and even thousands of innocent people killed by drunken drivers across the nation every year. And as of last May, New Jersey lawmakers have begun to look into the possibility of creating legislation to keep those arrested for repeat DWI off the road at least until their case is heard in a court of law.
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August 14, 2012

Driver Goes to Prison for Fatal DWI-DUI Traffic Accident that Injured Two New Jersey Men

by Jonathan F. Marshall

We’ve said it previously, but there are worse situations to be in than receiving a summons for drunken driving from the police. Of course, being arrested for driving under the influence of alcohol or drugs is not something the average motorist is likely to welcome, but if one has to be cited for DWI it’s certainly better to be stopped for a minor traffic infraction first, than to be involved in a roadway accident.

The fact of the matter is, here in the Garden State, the police and our court system tend to be very strict when it comes to a charge of drunk driving; but add to that additional charges of property damage, bodily injury or even vehicular homicide and one can imagine that defending against the DWI or drug DUI charge will be much tougher than a simple summons for intoxicated driving.

As New Jersey DWI defense attorneys, I and my staff are acutely aware of the range of penalties for those motorists who are convicted of driving under the influence. It makes little difference whether one is drunk through the consumption of beer, wine or hard liquor, or if the charge of DUI is related to impairment as a result of doctor-prescribed medication. Naturally, other drugs, controlled substances like cocaine and marijuana, are actually illegal in and of themselves.
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July 21, 2012

New Jersey State Trooper Arrested for Drunken Driving Out-of-State Suspended Without Pay

by Jonathan F. Marshall

As a New Jersey drunken driving defense attorney and former municipal prosecutor, I have met dozens of police and public safety officers throughout my career as a litigator. In my capacity as both defense lawyer and prosecuting attorney, I know very well the efforts put forth by representatives of our state and local police agencies. I also have a great respect for those individuals who on a daily basis put their lives one the line for the rest of society.

And, while I believe I understand the stresses experienced by many in the law enforcement community, I find it difficult to reconcile those instances when a patrolman steps over the line and breaks the laws that he himself has sworn to uphold. A recent new story about a Garden State police trooper brought this to mind recently, if only to point out that even policemen and other officers of the court should be held accountable for DWI violations, just as any other citizen is required to do.

Most people would probably agree that there is never a good excuse for anyone in law enforcement to knowingly drive drunk. Whether by the use of alcohol or doctor-prescribed medication, an officer of the court should be held to at least the standard that other residents must adhere. As DWI defense lawyers, we have very little tolerance for those of authority who fail to observe the laws that they have been entrusted to enforce. In regard to the news article in question, according to reports a NJ State Police trooper assigned to Capitol security was suspended not long ago following a drunken driving arrest in the state of Missouri.
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July 18, 2012

Police Arrest New Jersey Driver for 4th DUI/DWI Arrest in the Span of One Month

by Jonathan F. Marshall

Some people apparently do not realize when enough is enough. As New Jersey DWI defense attorneys, I and my staff of experienced drunken driving lawyers are committed to representing individuals who have been accused of driving while intoxicated, either by alcohol or prescription drugs. But even though we believe that every person deserves their day in court, we certainly do not espouse drinking and driving, or even suggest that repeat offending is the way to go through life.

Not only is driving under the influence against the law, but it is dangerous when a driver is impaired beyond the ability to safely operate a motor vehicle. The same can be said for doctor-prescribed medications as well; and even illicit substances, such as cocaine and marijuana. While some may disagree with the laws of this state, the fact is that law enforcement officers are tasked with rooting out those who they believe have broken the law and to bring those individuals to justice. For ourselves, we bring the fight to a court of law when a client believes he or she was unjustly accused of DWI or drug DUI.

There are those people who sometimes push the limits of the court’s patience. Being arrested multiple times for drunk driving is a way of one’s defense slightly more difficult. As attorneys representing defendants who have been charged with DWI or DUI, we know that putting the best face on a situation can be difficult once a track record of offenses has been established. For this reason along we suggest prudence to anyone who has already been convicted of drunken driving one or more times. But then again, most individuals know the stakes are high.
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March 24, 2012

New Jersey Trucker Arrested, Charged with DUI; BAC 8-times Over CDL Legal Limit

by Jonathan F. Marshall

If anyone had a question that a single drunken driving conviction could affect an individual’s future is a major way, just ask any former commercial truck driver who has been found guilty of drinking and driving. When we say this, we don’t just mean DWI while on duty, but on personal time as well. As New Jersey drunk driving defense lawyers, we understand how an arrest for driving under the influence can start a chain of potentially life-changing events for almost anyone.

We are reminded every so often of the complications that a DWI or drug DUI arrest and conviction can present to a professional driver. Whether one operates a delivery truck, a limousine, city bus or taxi cab, being caught on duty or off while impaired due to alcohol, doctor-prescribed medication or illicit drugs, like cocaine or meth, can put the brakes on a career pretty quick.

For this reason alone — and not even thinking about the harsh monetary penalties and fines — it is highly recommended that anyone holding a commercial driver’s license immediately consul with an experienced DWI defense attorney before stepping foot into a courtroom.
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February 16, 2012

Ocean County Drunken Driving News: Stafford Twp., NJ, Man Charged with DWI-related Vehicular Homicide

by Jonathan F. Marshall

Regardless of where a motorist receives a traffic citation or summons for drunken driving, be it Monmouth, Hudson, Union or Somerset County, being charged with drunken driving is nothing to sneeze at, especially in the Garden State. Aside from the heavy monetary penalties, one’s career, personal relationships and standing in the community can be adversely affected simply be an arrest, much less an actual conviction.

Representing motorists accused of driving under the influence is the job of qualified New Jersey DWI defense attorneys, such as the experienced drunk driving lawyers at my firm. While no one can predict the outcome of a drunk driving case, the odds are that much worse in matters involving property damage and personal injury. Without a doubt, nobody should wish for a DWI or drug DUI arrest in connection with a fatal traffic accident.

Nevertheless, fatalities involving alleged drunken driving occur with a fair amount of frequency here in Jersey and elsewhere across the country. This is not to say that police or the courts are jaded when it comes to arrests following fatal DWI accidents; it’s well understood that the authorities take a very dim view of drivers accused of fatal car crashes where alcohol or prescription drug use may have been involved.
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