Third or Subsequent Offense DWI

February 9, 2012

New Jersey DWI Arrest Report: Police in Bergen County Charge Fugitive with Drunk Driving following Chase

Right off the bat, as a New Jersey drunk driving defense lawyer and a former municipal DWI prosecuting attorney, let me say that running from the police and attempting to evade arrest is highly frowned upon by law enforcement agencies; and it certainly won’t get a defendant any sympathy from the court when one comes before a judge for sentencing.

Here in the Garden State, not a day goes by that a number of local residents and out-of-state drivers get pulled over for traffic infractions all over the state. Of those dozens of drivers, some may or may not have had something to drink prior to the police stop. This is where the police officer conducting the traffic stop generally makes a determination of whether or not he feels that the driver is possibly impaired.

Impairment can come in many forms. For this forum, we usually consider that a motorist may be accused of one of a number of potentially intoxicating substances; these include alcoholic beverages, doctor-prescribed medications, illegal drugs or even illicit substances, such as marijuana, methamphetamine, or cocaine. The latter of these are sometimes referred to a CDS or controlled dangerous substances; and their use by a driver can result in drug DUI charges.
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February 2, 2012

Bergen County DWI Update: Drunken Driving Conviction Can Lead to Revoked NJ Driver’s License

by Jonathan F. Marshall

If there is one thing that most people need to live and work in our modern age, outside of food and lodging, it might be a valid driver’s license. From the day we receive our learner’s permit — and later a full-fledged license — we begin to value the freedom of movement that driving a car or truck provides. However, for many people, the state can revoke, suspend or otherwise withhold a motorist’s driving privileges for certain convicted offenses.

Whether one lives in Monmouth, Ocean or Sussex County, for those caught up in a drunken driving arrest it is not so far flung of a statement to suggest that a temporary, and sometimes long-term, loss of their New Jersey driver’s license could be in the offing depending on the nature of the charges and the driver’s history of DWI, drug DUI, or other impaired driving offenses.

Considering the freedom and independence that a license imparts to an individual, it’s hardly worth tempting fate with a drunk driving arrest, much less a potential conviction. Still, circumstances can arise leaving a driver in the unenviable position of losing his or her driver’s license based on a local court’s ruling following a guilty verdict or guilty plea regarding charges of driving while intoxicated, or operating a motor vehicle while impaired by prescription medication.
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January 28, 2012

New Jersey Drunken Driving Defense Update: Driver’s License Suspension Possible following DWI or DUI Conviction

by Jonathan F. Marshall

It’s not surprising, with all the anti-drunken driving campaigns that target potentially impaired Garden State motorists every year, that New Jersey law enforcement agencies and our court system hold little love for drivers convicted of DWI or drug DUI. While use of illicit drugs, such as cocaine and marijuana, by some drivers is seen by police officers on a weekly basis, impaired driving as a result of alcohol consumption is likely much more common by the average citizen.

As New Jersey DWI defense lawyers, I and my staff of experienced drunken driving attorneys understand how quickly a driver can find him or herself on the receiving end of a DWI or DUI summons. When that day comes, it’s a good idea to consult with a qualified DWI attorney to better understand one’s options.

Naturally, it’s a given that being convicted of operating a motor vehicle while intoxicated or otherwise impaired by alcohol, prescription drugs or other illegal substances (also know as controlled dangerous substances (CDS), will likely include some serious sanctions — namely heavy fines and other monetary penalties. But in addition to these financially costly penalties, the courts also have the ability, in many cases, to include a license suspension as part of the list of penalties the defendant will have to bear.

From the standpoint of fees, in general, anyone who is convicted of drunken driving in New Jersey can face fines upward of $1,000 for a single instance and penalties (including surcharges to a driver’s insurance premiums) of possibly $4,000 to $5,000 or more over the course of three years. This includes numerous fees for the DWI Enforcement Fund, MVC Restoration Charge, potential out-patient counseling, Safe Neighborhood Fund, Violent Crime Compensation Board Fund, not to mention court costs.
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December 28, 2011

No DWI Charges Yet for New Jersey Man Involved in Fatal Ocean County Traffic Accident

by Jonathan F. Marshall

Being caught driving drunk here in the Garden State can get many a motorist in hot water legally and financially; and it’s no secret that police departments in Monmouth, Bergen, Sussex and Atlantic counties have virtually no tolerance for drivers who get behind the wheel in any state of inebriation. Frankly, with all the hype about anti-drinking and driving enforcement during the holidays, it’s difficult to imagine that individuals still drive while potentially intoxicated, but apparenlty this happens with extreme regularity.

As New Jersey DWI defense attorneys, I and my colleagues are constantly reading about individuals who may or may not believe that they were intoxicated at the time of their arrest. Regardless of where one is picked up for operating a vehicle while impaired — be that by alcohol, prescription medication (drug DUI) or illicit drugs like cocaine or marijuana — the penalties can be severe and costly.

As drivers ourselves, we understand the reasons for anti-drunken driving laws, however the methods and evidence used against motorists can sometimes be questionable, to the point that a DWI case may have little chance of standing up in court. One thing, however, that can make a so-called “routine” drunk driving arrest stand out is when it coupled with a traffic accident. Property damage, injuries and certainly fatalities tied to an alleged drunk driving episode is nothing to sneeze at.
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November 12, 2011

NJ Legal Defense: Penalties Abound for Garden State Motorists Convicted of Driving While Intoxicated

by Jonathan F. Marshall

Being stopped by the police here in New Jersey for a traffic-related offense is not uncommon, nor out of the ordinary. With more than eight million residents and a population density of nearly 1,200 people per square mile, the odds of someone you know getting a traffic ticket in the next 12 months is actually quite high. What many people do not expect, when their “time” comes, is that they could also receive a summons for DWI as well.

The fact of the matter is, anyone who takes a drink prior to hitting the roads anywhere across the Garden State runs the risk of being arrested for drunken driving. Not that every driver who gets pulled over for a broken taillight or cracked windshield will be charged with driving while intoxicated, but the chance does exist. The odds of being accused of driving under the influence rises with the amount of beer, wine or hard liquor one may have consumed before getting behind the wheel.

As New Jersey DWI defense lawyers, I and my colleagues have extensive experience representing motorists who have been arrested for drunken driving, as well as drug DUI. Drug DUI, it should be explained, is similar to DWI, except it applies to an individual who is suspected of operating a motor vehicle while under the influence of prescription medication or illicit drugs. Marijuana, cocaine and crystal meth come under the latter heading.

Whether you live in Hudson, Essex, Passaic or Bergen County, if you are convicted of DWI or drug DUI, severe penalties can be attached to that conviction. Someone who has been issued a traffic ticket or a summons for DWI, DUI or breath test refusal, is well advised to contact a qualified legal professional to better understand his or her rights, as well as familiarize themselves with the potential fines and fees associated with a drunken driving conviction.
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June 16, 2011

NJ State Police Institute Tighter Standards Regarding Troopers Arrested for DWI

by Jonathan F. Marshall

In the wake of controversy revolving around State Police Trooper Sheila McKaig’s alleged drinking and driving incidents over the years, the New Jersey State Police have implemented new standards aimed at curbing potential abuses of power that some have said police officers occasionally commit when they are stopped for offenses such as DWI.

In McKaig’s case, numerous news reports indicate that she was never ticketed even though the officer was stopped multiple times for driving while intoxicated over the course of three months back in 2008. In this particular situation, the judge in the case did not recommend firing the trooper outright on the grounds that that McKaig did seek counseling and has been considered a model for other police officers.

Back to the NJ State Police and its newly instituted policies for officers caught driving under the influence according to reports, the agency has reportedly launched a review of the use by troopers of so-called “undercover identification cards.” Along with this, orders from up the chain of command within the State Police reportedly increase the accountability on the part of higher-ranked officers and requires more careful review of traffic stops (including car accidents) that may have been related to alcohol consumption.

As a New Jersey drunken driving defense lawyer, I and my staff, understand that the police have a tough job of maintaining the peace and bringing alleged perpetrators to justice. However, when the rules cease to apply to the vary people entrusted with the public’s safety this is when our tolerance as individuals and a society begins to be tested.

According to news reports, policy changes at the State Police will place responsibility squarely on the shoulders of regional commanders when a trooper is suspected of operating a motor vehicle under the influence of alcohol. In fact, based on information provided by local news sources, higher-ranking officers may even be required to respond themselves to the scene of a possibly alcohol-related traffic incident involving another law enforcement officer.
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June 5, 2011

New Jersey State Trooper Faces Suspension for Multiple Drunken Driving Stops in Atlantic County

by Jonathan F. Marshall

As a New Jersey DWI defense attorney and former municipal prosecutor, I fully support the efforts of our law enforcement community in maintaining public safety. Everyday, uniformed men and women throughout the Garden State put themselves in harm’s way to help keep our cities, towns and villages pleasant and safe places to live and work. However, what I cannot abide is the apparent double standard that some police officers maintain when conducting their own affairs.

It is a sad commentary when a civil servant appointed by the people cannot live up to the same standards that they themselves are sworn to uphold. This applies not only to gross instances of criminality, but also to lesser infractions for which any other member of our society can be held accountable. As a drunken driving defense attorney, my focus is on helping those individuals who have been accused of driving while intoxicated, or otherwise impaired by alcohol, prescription medication (drug DUI), or even illicit drugs, such as marijuana.

Not long ago, a New Jersey State Police officer was recommended for suspension due to repeated drunken driving stops in the township of Hamilton. According to news reports, an administrative law judge recommended a 7-month suspension for Trooper Sheila McKaig in regard to the officer’s multiple drunken driving stops over a period of just three months back in 2008, and even earlier. Even though each of those traffic stops allegedly suggested suspected drinking on McKaig’s part, she was never subjected to blood-alcohol content (BAC) testing, nor was she charged with any violations.

April 28, 2011

Monmouth County DWI Defense: Things to Consider Following a Drunk Driving Arrest in New Jersey

by Jonathan F. Marshall

Whether you live or work in Ocean, Sussex, Bergen or Union County, it’s likely that nobody expects to be pulled over by police and arrested on charges of driving under the influence of alcohol. Here in Monmouth County, as in the rest of the Garden State, I and my staff of experienced DWI defense attorneys fully understand the anxiety and trepidation that follows a drunken driving or drug DUI police stop.

For first-time drunk driving arrestees, and even those picked up for driving under the influence of prescription medication or illicit drugs such as marijuana, the experience can be a shock. But more than that, not taking action and leaving one’s fate in the hands of the court is something that no one should allow to happen, if they can help it.

Of course, second and third-time offenders have a different set of circumstances to deal with, but in general, we always recommend that motorists consult with a qualified DWI lawyer. The reason is simple: being cited for impaired driving — whether allegedly due consumption of beer, wine or hard liquor; prescription pain medication or a controlled dangerous substance (CDS) — is nothing to be taken lightly.

Careers, marriages, and reputations have been ruined by drunken driving and DUI convictions. Of course, being arrested for driving while intoxicated can happen night or day. It usually, but not always, happens with a seemingly routine police stop for a supposedly minor traffic infraction — something as insignificant as a faulty taillamp. Other times it can come at the location of a drunk driving roadblock (also known as a sobriety checkpoint).

Regardless of the circumstances, once charged with a DWI one should as a matter of course contact a DWI-DUI defense attorney. My office has handled enough DWI cases and spoken with so many people charged with DWI or DUI that we know it’s not a wise idea to represent yourself in front of the court. Not only can the process of fighting a DWI arrest be confusing to the first-time defendant, there is no way that a layperson can come fully prepared to face the court – at least, not like one can with a qualified DWI defense lawyer at one’s side.
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April 15, 2011

New Jersey Drunk Driving Defense News: Sussex County Woman Guilty in Fatal Drug DUI Accident

by Jonathan F. Marshall

It’s a fair bet that most people don’t wake up in the morning thinking, “I’m going to have a drunk driving accident.” But time and time again, residents of the Garden State do wake up and sometime later that day they get behind the wheel of an automobile in a possibly intoxicated state. Some will be stopped by police and be issued a summons for driving under the influence of alcohol. Others may be arrested for driving while impaired because they didn’t realize their prescription medication caused drowsiness and loss of concentration.

The point we make here, as New Jersey DWI defense lawyers, is that there are numerous ways in which a person can be cited for drunken driving. Whether you live in Essex, Bergen or Ocean County, a charge of driving while intoxicated or operating a motor vehicle under the influence of prescription or illicit drugs (drug DWI or DUI) can complicate a person’s life down the road. Being charged with DWI and vehicular homicide following a fatal drunk driving crash is certainly the most serious.

But deadly drunken driving collisions do occur, and they can happen to almost anyone. Not long ago, a woman from Sussex County, NJ, was found guilty in the drug-DUI related traffic death of a 16-year-old West Milford boy back in 2008. According to news reports, the 39-year-old defendant, Julie Michaels, was found guilty on several charges that came out of that fatal crash.

Following a two-month long trial, it took the jury a couple days of deliberations to arrive at a verdict for Michaels, who was found guilty of vehicular homicide, assault by auto and four less serious charges. The woman will have to wait until May 13 for sentencing. The jury believed that Michaels had caused the fatal accident that killed Dylan Vecchiarelli, a passenger in the vehicle Michaels struck on March 3, 2008.

Based on court records, the defendant had crossed the centerline along a stretch of Rte 23 in Hardyston, her Jeep then hit head-on a Mitsubishi sedan driven by Danilo Diaz. Diaz survived the crash, but Vecchiarelli received numerous internal injuries and died at Morristown Memorial Hospital about a month later.
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February 26, 2011

Garden State Municipalities Turn to Social Network Sites to Discourage Drunken Driving

by Jonathan F. Marshall

We’ve discussed this before, but anyone who wishes to maintain the respect of their family, peers and business associates should be very sensitive to the potential embarrassment that a drunken driving conviction can bring upon them. Reputations, friendships and marital relationships have been torn apart following a DWI arrest and subsequent conviction.

And it doesn’t really matter where in the Garden State you live, be it Morris, Middlesex, Ocean or Atlantic County, being pulled over and hit with a summons for driving under the influence is no laughing matter, especially to well established and respected members of the community. As New Jersey drunk driving defense attorneys, we have seen how a conviction for driving while intoxicated can impact multiple offenders as well as first-time DWI arrestees.

While most people would agree that a conviction for drug DUI, such as marijuana use, could certainly result in complications at work or school, even a DWI for consuming beer or wine can result in unforeseen consequences. To make things worse, municipalities around the country are looking at social networking sites, such as Facebook, to publish names and photos of drunk driving offenders.