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December 23, 2013

Ocean County Man Arrested by Manchester Twp. Police, Charged with Marijuana Possession and Weapons

Depending on the type of DWI or drug DUI offense, the evidence against a motorist can portend some stiff penalties, in terms of fines, fees and assessments, as well as possible jail time. Regardless of the ultimate charges, it is safe to say that most every impaired driving arrest sometimes starts with a simple mistake made by a driver in the presence of a police officer. This can happen in small towns, larger cities or on the parkway or interstate.

No one can say what basic traffic law may be breached in order for a municipal cop or state trooper to effect a roadside stop, but once it does happen, all bets are off. Any evidence discovered during the ensuing traffic stop will likely be used by the prosecution in an effort to obtain a guilty verdict later in court. As Garden State DWI defense attorneys, my legal team is ready and willing to offer its expertise to those driver accused of drunken driving or drug-impaired motor vehicle operation.

Aside from DWI or DUI, other charges — either tied to an impaired driving charge or arising from the initial traffic stop — may be forthcoming. Breath test refusal, possession of a controlled dangerous substance (CDS), or other infraction may also result in an arrest and possible charges against the motorist. We often read of instances where people have been pulled over for one reason, only to be taken into custody for something less expected, at least to the police and third-party observers. Take for instance a news item we ran across a little while ago.
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December 18, 2013

New Jersey DWI Defense Update: Are Field Sobriety Tests Really Useful in Determining Driver Impairment?

by Jonathan F. Marshall

For those who have recently been arrested and charged with a drunken driving offense, you may be asking yourself, what can I possibly do to lessen or even avoid the penalties associated with a DWI conviction? As New Jersey drunk driving defense attorneys, the legal team at The Law Offices of Jonathan F. Marshall understands your concerns. Surely, with a summons in hand and a police officer most likely ready to testify as to a driver’s impairment, what chances does the average motorist have against the system?

First of all, it is important never to assume that nothing can be done to remedy the situation in which you now find yourself. Next, do some research and find a qualified DWI defense lawyer who can speak from experience and give you the straight facts on drunk driving arrests and discuss the options specific to your impaired driving case. While there are no guarantees in this life, the law was created to help people fight charges levied against them by the state. You do have rights.

Many people facing similar situations have asked themselves, Why should I get a lawyer when the odds seem stacked against me? We can’t speak for every attorney out there, but if our law firm decides to take on the defense of your case, it is because we believe that your situation can be improved; this is typically done by examining all the relevant facts, police records and legal information pertaining to your DWI traffic stop.

A large number of motorists, when suspected of DWI or DUI, will be asked to perform a field sobriety test at the scene of the traffic stop. Taking one or more of these standardized tests can be challenging even to the most sober individuals, especially under stressful and embarrassing conditions. This is why there has been much debate as to the accuracy of some field sobriety tests. In fact, some experts believe that these tests are anything but accurate when used to determine a driver’s level of impairment due to alleged alcohol consumption or drug use.
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December 16, 2013

Hudson and Ocean County DWI News: Police Arrest Four Motorists for Various Drunken Driving Offenses

by Jonathan F. Marshall

Drunken driving, DUI, DWI, impaired driving, drug DUI, breath test refusal and numerous other drug- and alcohol-related driving offenses are topics that many people of driving age have heard of, but fewer actually know about from personal experience. Covered under the New Jersey drunk driving statute (N.J.S.A. 39:4-50), offenses such as driving while intoxicated by alcohol and driving under the influence of drugs are serious charges that carry stiff penalties for anyone convicted of them.

As Garden State DWI defense lawyers, my colleagues and I have discussed with many of our clients the rather harsh penalties associated with a guilty verdict for drinking and driving. Despite the amount of publicity aimed at discouraging DWI-DUI, it is interesting that many motorists apparently still find it hard to imagine that they will ever be arrested for operating a motor vehicle while under the influence.

As every drunk driving defense attorney knows, New Jersey’s DWI law states that no person shall operate a vehicle while under the influence of any intoxicating liquor, narcotic, hallucinogenic or habit producing drug. The penalties for such an offense include upward of $400 for a first-time offense plus a one-year driver’s license suspension. For a second offense the stakes rise to as much as $1,000 and a two-year license suspension.
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December 14, 2013

Responding to Report of Suspicious Vehicle in Berkeley Twp, Police Arrest Two for Drugs

by Jonathan F. Marshall

It is certainly obvious to the majority of motorists that operating a motor vehicle while under the influence of alcohol or drugs is definitely a chargeable offense here in the Garden State. However, fewer people realize that being legally drunk or otherwise impaired while sitting in a parked vehicle is also likely to bring a summons for DWI or drug DUI. As professional drunken driving defense lawyers, my legal team understands how such circumstances can translate into an expensive outcome for some drivers.

When it comes to driving under the influence of beer, wine or hard liquor, the laws of New Jersey are quite specific as to the evidence needed to convict a person of driving while intoxicated, as well as the potential fines and statutory assessments that can result following a guilty verdict. Drug use, or even possession, while driving a vehicle are also outlined in our state’s legal statues. But, again, many people will sometimes be confused by the nuances of the law; that is, those that apply to being “in control” of a motor vehicle while allegedly impaired.

In cases of possession of marijuana in a car or truck, there are important points to remember. If a police officer determines that a person is holding weed in an automobile, it is common for a motorist to receive a summons for pot possession in a motor vehicle. The law that governs this area (N.J.S.A. 39:4-49.1) specifically prohibits any individual from operating a car, truck or motorcycle while “knowingly” in possession of marijuana. Please remember that this applies only to the driver, and not the passenger.
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December 12, 2013

Essex County Drunk Driving Enforcement Update: Caldwell, NJ, Sees “Drive Sober” Campaign for Holidays

by Jonathan F. Marshall

Well it is true that here in New Jersey, many drivers are all too familiar with the seemingly ever-present police patrols on our highways and surface streets. And while few law-abiding citizens would complain about the benefits of having a well-policed and safe society, from the standpoint of potential erroneous drunken driving arrests or drug DUI charges based on insufficient or improperly gained evidence, many people might be thinking enough is enough.

The fact of the matter is that New Jersey law enforcement authorities frequently receive funding for anti-drunken driving campaigns when certain seasons roll around. As motorists ourselves, we are happy to have safer roadways, but this sometimes comes at the expense of innocent individuals accused of an illegal act such as driving while intoxicated or operating a motor vehicle while impaired by prescription medications.

As Garden State DWI and drug DUI defense attorneys, my legal team understands how easily a motorist can end up being stopped for a simple traffic infraction only to find herself being taken to police headquarters for a breath test and possible incarceration for the night. Any time a motorist is stopped by a police officer, the stress of such an event can cause nervousness and an overall unsettled feeling. It’s no surprise that many people are suspected of being intoxicated simply on the basis of their nervous mannerisms during such a potentially intimidating experience.
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December 10, 2013

Is There Hope for Habitual Drug Users Outside of being Penalized Heavily for Drug DUI?

by Jonathan F. Marshall

As drunk driving defense attorneys, my colleagues and I have for many years represented dozens of motorists accused of driving while intoxicated by alcohol. Young or old, male or female, the odds of being picked up for a DWI here in the Garden State can be quite high, especially if a person makes one too many driving errors in the presence of a local patrolman or state trooper. But being accused of DWI is just one side of the coin; drug DUI is another equally costly charge that many motorists are hit with day in and day out across the Garden State.

Just like alcohol-related charges, New Jersey drivers can be arrested under N.J.S.A. 39:4-50(a) for operating a car, truck or motorcycle while under the influence of a legal or illegal drug if that substance is deemed a narcotic, hallucinogenic or habit-forming drug. In order for a charge like this to stick, it usually needs to be supported by the professional opinion of an expert in the field, though it should be remembered that at this time the requirement is relaxed while on appeal in the New Jersey court system.

To understand the phrase, “under the influence,” it is important to recognize that it means a “substantial deterioration or diminution” of a driver’s mental faculties or physical capabilities. As we mentioned above, this applies as much to intoxicating liquor as it does to doctor-prescribed medication that is narcotic or habit producing in nature. As one can imagine, illegal drugs such as cocaine and marijuana are also recognized under the state’s DWI statutes since they can also deteriorate a person’s mental and physical capacity.
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December 7, 2013

Jersey Motorists Facing Latest Kind of DUI? Trenton Legislators Consider Law Banning “Snacking While Driving”

by Jonathan F. Marshall

We’ve already seen it happen just across the Hudson: That failed attempt by local government to control individual choice, namely Mayor Bloomberg’s effort to limit the size of soft drinks dispensed at local eateries and restaurants in New York City. That legislation ran up against stiff resistance, yet could something similar and more costly in terms of potential penalties affect drivers here in the Garden State? For those who aren’t worried about such things it may be time to consider the potential impact of a ban on eating while driving.

Based on news reports, legislation is making its way through the state legislature that could end up banning in-vehicle eating or almost any other activity deemed by police to interfere with a driver’s safe and proper operation of his or her motor vehicle. To some, this may sounds like a long shot, but never underestimate the power of New Jersey’s legislators to put laws into effect that can cost motorists a pretty penny down the road.

As experienced DWI defense attorneys, my colleagues and I have been defending individuals accused of drinking and driving for years. We know that many people who lose their DWI or drug DUI cases find that penalties following a conviction for impaired driving are much more than just a slap on the wrist. In fact, with human nature being what it is, additional impaired driving laws could easily result in increased traffic violations in the future, not to mention increased courtroom traffic for the numerous legal cases it could spawn.
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December 5, 2013

NJ Drunk Driving News: “Drive Sober or Get Pulled Over” Anti-DWI Campaign Starts on Friday

by Jonathan F. Marshall

There is no dispute that the Christmas and New Year’s Day holidays are a time of great celebration for families, friends and neighbors all across the Garden State. Yet, even those in the know are sometimes surprised by the number of New Jersey motorists who find themselves on the receiving end of a drunk driving summons at this time of the year.

To be quite frank, when it comes to drinking and driving, state and local police officers will hardly be in a festive mood if they suspect you’ve been imbibing a little too much spiked eggnog or other intoxicating beverage. Whether one is celebrating with relatives, good friends or coworkers, if you get pulled over after having a drink or two, you may find that the patrolman in charge believes that it is better to give than to receive. Just remember few will envy your gift of a DWI-DUI summons this holiday season.

All levity aside, being arrested and charged with driving while intoxicated can result in expensive and potentially disruptive penalties. Hundreds or even thousands of dollars in fines, fees and assessments can be accompanied by license suspension, and even jail time depending on the circumstances; and the odds of facing such an outcome can be increased during certain times of the year when the frequency of anti-drunk driving saturation patrols and DWI-DUI sobriety roadblocks are on the rise.
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December 3, 2013

A Driver Charged with DWI is One Thing. Being Accused of Drug DUI is Another Altogether

by Jonathan F. Marshall

For anyone who has not been through the ordeal of a DWI arrest and court case, please understand that it is often not only a potentially costly exercise, but can sometimes be an embarrassing event in one’s life. For most people in the Garden State, driving while intoxicated is something that they would never think of consciously doing, but many people would be surprised how easy it truly is to find oneself pulled over on the side of the road and accused of DWI.

When it comes to proving alcohol-related DUI, the state typically relies upon breathalyzer readings (or sometimes a direct blood test) to establish a blood-alcohol concentration, or BAC. If the results are shown to be above the legal limit of 0.08 percent BAC, the prosecution will feel that it has a relatively strong case against a motorist. As New Jersey drunk driving specialists, my skilled team of DWI defense attorneys has the experience to fight DWI charges even when the evidence appears to be unassailable.

Breathalyzer tests are generally conducted by the police following an arrest for suspected drunk driving, during which certain procedures must be followed for the BAC results to be valid in a court of law. As one might expect, to be accepted in court, this key piece of evidence must meet a number of standards by law. If the manner of collection of the BAC results deviates from the related standards, or if there is a potential weakness in any of this important proof, an experienced DWI-DUI lawyer can call into question its validity.
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December 1, 2013

New Jersey Drunk Driving News: Burlington County School Bus Driver Pleads Guilty to DWI, Child Endangerment

by Jonathan F. Marshall

In what could be referred to as a case of “bussing while intoxicated,” a Garden State school bus driver not long ago pleaded guilty to operating a school bus loaded with children while she was apparently under the influence of alcohol in November 2011. As many people can surely understand, the impact of a DWI conviction on most any professional driver, especially one who transports children, can be serious and long-lasting.

As New Jersey drunk driving defense attorneys, my legal team is well versed in the statutes pertaining to our state’s DWI and drug DUI laws. For most people who have been charged with driving while intoxicated by alcohol or impaired by doctor-prescribed medications (even illegal substances like cocaine or marijuana), a first-time DWI-DUI offense can be an eye-opening experience. With monetary penalties approaching thousands of dollars (including auto insurance premium assessments) and potential jail time depending on the specific circumstances, there is little sense in tempting fate by going it alone in a courtroom.

Of course, finding a qualified DWI lawyer can be one of the most important steps one can take following a drunken driving arrest. And, taking advantage of a free initial consultation can be invaluable for almost anyone facing a serious alcohol or drug-related traffic violation. In our estimation, it is better to understand your rights going forward than to leave things more to chance by confronting the arresting officer and a skilled municipal prosecutor in a court of law.
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