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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 9, 2014

Drunken Driving Defense News: Court Dismisses DWI Charges in Case against Fort Lee, NJ, Official

by Jonathan F. Marshall

New Jersey news outlets reported a while back that the Fort Lee, NJ, emergency management chief had his drunken driving charges dismissed by the court after the prosecution could not prove beyond a reasonable doubt that the man was, in fact, drunk behind the wheel when officers stopped his vehicle in Bergen County a year ago.

As Garden State drunk driving defense lawyers, my colleagues and I could easily point to this single instance as an example of how the police can often be either wrong in their assessment of a motorist’s state of inebriation or their failure to follow proper procedures when stopping, arresting and processing a suspected drunken driver. The bottom line is if you or someone you know has been charged with DWI, breath test refusal, or drug DUI, or other alcohol or drug-related traffic offenses, never assume the state has the upper hand.

In this particular case, 61-year-old Stephen Ferraro, who is the coordinator for Fort Lee’s Office of Emergency Management, as well as being a former police captain, was charged with DWI following a routine traffic stop in February 2013 after officers observed the man making what was described as an unsafe lane change. Because of this, and exclusive of the drunk driving accusation, Mr. Ferraro was also charged with reckless driving.
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January 8, 2014

New Jersey DWI Update: Professional Truck Drivers Risk Everything When Driving Drunk or Drug-impaired

by Jonathan F. Marshall

As Garden State DWI defense lawyers, my colleagues and I handle dozens of drunken driving cases every month. While most motorists can be severely inconvenienced by a suspension of their driver’s license if found guilty of driving while intoxicated, the odds are most of them will not lose their jobs or be threatened with a loss of income due to their offense. Professional drivers, those who operate commercial vehicles, have a much greater chance of harming their careers if a court finds them guilty of DWI or drug DUI.

For this reason alone, it is incumbent on any commercial driver who is arrested and charged with drinking and driving to seek a qualified DWI-DUI attorney for his or her defense. The potential fines are not the only concern when it comes to truckers, cabbies, chauffeurs and school bus drivers who are accused of operating a motor vehicle while under the influence of alcohol or drugs. The loss of a commercial driver’s license (or CDL) can spell the end of a career, which could have life-changing effects.

Take the story of an out-of-state truck driver who was pulled over by Vermont police late on a Thursday afternoon. The 32-year old trucker was reportedly hauling a load of flammable material when officers observed the man’s vehicle cross over the centerline four separate times. According to news reports, the officers noticed that the box truck was traveling well below the posted 50mph speed limit, which also drew the patrolmen’s attention.
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January 7, 2014

Consequences of Underage Drinking and DWI in Bergen and Other New Jersey Counties

by Jonathan F. Marshall

Here in the Garden State, the laws pertaining to underage drinking, as well as underage DWI, are very specific. Because New Jersey statutes clearly state that an individual cannot be younger than 21 years of age to buy, possess or drink any alcoholic beverage, underage drinking is, by definition, an illegal act. The consequences for underage consumption of alcohol can be very severe under New Jersey law, especially when the violation occurs in conjunction with the operation of a motor vehicle, which can lead to a charge of driving under the influence of alcohol if a young person is stopped by police.

Regardless of whether a young person is stopped for driving under the influence, and subsequently arrested on DWI charges, simply having an underage drinking conviction on one’s record could affect an individual’s future driving privileges in New Jersey. To be sure, when talking about underage drinking offenses, it is always important to consider the potential penalties attached to a conviction for underage drinking (also known as a disorderly persons offense).

For example, those individuals under 21 years of age who are arrested by a police officer for consuming alcohol — or even purchasing an alcoholic beverage in a licensed establishment — could receive a fine of at least $500, not to mention have his or her driver’s license suspended for upward of six months. For those more egregious offenses, there are other, more severe consequences. Depending on the circumstances, an underage drinking conviction may include actual jail time (up to six months) and fines approaching $1000.
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January 5, 2014

Hefty DWI-DUI Penalties Help New Jersey and Other States Punish Drunk Driving Offenders

by Jonathan F. Marshall

These days, the monetary penalties for a DWI or drug-related impaired driving offense can be quite stiff no matter what state one lives in. But here in New Jersey even a first drunken driving carries with it such a significant financial impact for most people that they don’t soon forget that initial DWI arrest. As Garden State drunk driving defense lawyers, my colleagues and I have many decades of collective courtroom experience when it comes to defending New Jersey motorists accused of DWI-DUI, as well as drivers from other states.

As we’ve mentioned in the past, a first-time DWI offender can face upward of a $400 fine in New Jersey, depending on the results of his or her blood-alcohol content (BAC) measurement at police headquarters. We say this with the caveat that under certain circumstances a skilled attorney can sometimes get the court to suppress the breath test results, which may then help to mitigate these first-offender penalties.

It is important to note that if one were to up the ante by having a BAC measurement of 0.15 percent, the court will have no other choice than to include the requirement of an ignition interlock device following the license suspension period for those convicted of driving under the influence. These interlock devices also come with their own costs, which make their mandatory use in such cases expensive as well as inconvenient and, at times, embarrassing. To say the least, New Jersey has some of the more harsh DWI and DUI penalties, but drivers in all nearby states should consider carefully the potential downside of a DWI arrest.
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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 27, 2013

Rutgers University Freshman Suspended from Football Team after DWI on Campus

by Jonathan F. Marshall

Here in New Jersey, as with the other 49 states, the minimum drinking age is 21 years. While rather unlikely, this restriction can sometimes be confused with the minimum age at which tobacco products can be purchased, which is 19 years old. Regardless, there are many people who argue that U.S. citizens who are old enough to vote and even join the military should at least be accorded the right to purchase and consume alcohol at a an age younger than 21 years.

In the Garden State, the Division of Highway Traffic Safety, as well as the Division of Alcoholic Beverage Control and the Partnership for a Drug-Free New Jersey formed what is known as the “NJ21 Coalition,” which is made up of representative groups from government, law enforcement and education, as well as non-profit agencies who are all opposed to any suggestion of reducing the state’s minimum drinking age.

Those opposed to lowering the minimum drinking age often point to 1980, when the state’s minimum legal drinking age was bumped up to 19. Preceding that legislative move, annual drunken driving fatalities among young people 18 to 20 years of age was at an all-time high of 88. Then, in 1983, the drinking age was raised once again to the current 21-year limit; the annual death rate among that same segment of the population dropped again, this time to 45.
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December 25, 2013

High School Penalizes Teen Who Showed Up at Underage Drinking Party to be Designated Driver

by Jonathan F. Marshall

One often hears how bad things are in New Jersey for those individuals who find themselves in receipt of a summons for drunken driving, breath test refusal or any of a number of impaired driving charges. The fact is that the clock will likely never be turned back to the old days of a nod and a wink; when drunken motorists received a fine and maybe spent the night in jail, but mostly to sober up in order to head to work in the following morning. That was then, but this is now.

Safety advocates and anti-drunk driving groups continue to keep the pressure on federal, state and local governments and police agencies to rein in bad drivers and arrest those who operate their vehicles while under the influence of alcohol or prescription drugs. The Garden State is one of the states with rather stiff penalties for those convicted of driving while intoxicated, but that’s not to say there aren’t others with similarly strict laws and attitudes.

And legal statutes aside, society itself is less and less tolerant of those who drink and drive. But there are instances that cause one to take a step back and consider the issues at play. There was an incident that took place over in the Boston area not long ago, which illustrates that one situation where a high school’s policy regarding underage drinking affected one apparently conscientious teenager in a very negative way.
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