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November 30, 2013

As Costly as DWI Convictions are, the Professional Consequences Could be Just as Serious

While some might say that a single DWI or drug DUI conviction could hardly influence the course of a person’s entire life, it certainly isn’t out of the ordinary to find that a one-time drunk driving arrest and conviction has, to some extent, impacted some aspect of an individual’s personal or work life for the worse. Besides the damage that a DWI or DUI conviction can inflict on one’s private life or personal relationships, people have been known to lose their jobs over a single drunk driving conviction. Similarly, entire careers have been negatively affected, if not completely ruined, because of the results of a drunk driving conviction.

As New Jersey DWI defense lawyers, my colleagues and I are firmly dedicated to representing those who have been accused of driving while intoxicated, operating a motor vehicle while impaired by doctor-prescribed medications (also known as drug DUI), and even people who have been arrested for the simple act of possessing marijuana or other controlled dangerous substance (CDS) in their car or truck. It may seem difficult for many to believe the wide-ranging effect that a single DUI or multiple DWI convictions can have on any one person, but the results are there to be seen on a regular basis.

When it comes to the deleterious effects of a DWI arrest and conviction, some individuals may certainly seem luckier than others. Of the unlucky ones — those who typically have the most to lose — certainly those professional truckers and other commercial vehicle drivers who make a living by operating motor vehicles for pay are at great risk. And while there are people who hardly need a driver’s license to survive I this world, there are others who have found that making a living after a DWI conviction can be just a bit more difficult.
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November 29, 2013

Garden State Drunk Driving News: Two Separate DWI Accidents Results in Multiple Injuries

by Jonathan F. Marshall

Having defended hundreds of motorists accused of driving under the influence of alcohol or drugs, my colleagues and I believe that anyone who is charged with a traffic infraction, civil offense or criminal action deserves the right to fight those charges in a court of law. Here in the Garden State, drunken driving is one of the more serious traffic-related offenses with which a person may be charged.

Furthermore, as experienced DWI defense attorneys, we believe that there are very few, if any, reasons for a drunken driving defendant to walk into a New Jersey courtroom without proper representation. The law can be complex; when it comes to serious DWI and drug DUI charges, for which there are rather stiff penalties if convicted, retaining a qualified lawyer with years of trial experience is an important consideration.

At the law offices of Jonathan f. Marshall, our legal team is skilled in representing clients who have been charged with any one of a wide range of drunk driving offenses, including breath test refusal, drug DUI and possession charges. As most anyone should know regarding drunk driving and other DUI-related violations, there is no sense in making a bad situation worse by involving others in one’s mistake. Being accused of a drunken driving accident presents one of the more difficult legal situations.
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November 28, 2013

DWI Defense Strategies in New Jersey: Considering the Validity of a Drunk Driving Arrest

by Jonathan F. Marshall

Every week, hundreds of motorists — both residents and non-residents — are pulled over in the Garden State for any number of moving violations or motor vehicle infractions. These offenses can range from serious offenses down to what many people might describe as inconsequential or even petty infractions. But even those minor violations can come with heavy consequences if a driver has had any alcoholic beverage to drink prior to the traffic stop.

Regardless of whether an arrest for DWI occurs in Hudson County, Middlesex County, Passaic or Ocean, or down in Cape May County, the validity of a DWI arrest can hinge on a totality of the facts presented later in a court of law. Often obtained during the initial traffic stop by the arresting officer, the facts that a prosecuting attorney will likely use against a motorist in a drunken driving case must include some kind of evidence pointing to intoxication on the part of the defendant at the time of the arrest.

As many people who have been through this kind of ordeal already know, the charges for impaired driving can stem from suspected consumption of alcohol, prescription drugs, or illegal substances such as marijuana or cocaine. One thing is important to remember: The degree of inebriation or intoxication must be sufficient to cause a motorist to be unable to safely operate his or her car, truck or motorcycle. There are numerous issues that can arise in order for this standard to be met. These include the following:
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November 27, 2013

New Jersey DWI Defense Update: More Sobriety Checkpoints Expected across the Garden State

by Jonathan F. Marshall

Any time a driver is pulled over by the police, the episode can certainly be an unsettling and even an intimidating experience to the individual behind the wheel. The mere presence of a patrolman at one’s driver’s side window can result in a person looking nervous and perhaps even acting out of character. Becoming flustered in front of a law enforcement officer, especially for the average law-abiding citizen, is not unheard of.

Because the typical driver has on only rare occasions the chance to interaction with an authority figure such as a municipal cop or state trooper, there can be a range of potential explanations for why a driver appears to be anxious, confused or disturbed during a traffic stop; espesically one that may be rapidly turning into a potential drunken driving stop. As DWI-DUI defense attorneys, we know that certain mannerisms coupled with other, so-called evidence of alcohol consumption can easily lead to a DWI arrest.

As New Jersey drunk driving attorneys and experienced trial lawyers, my colleagues and I know just how quickly things can go south for an individual who may have had a drink or two before heading home from a restaurant or friend’s home. Once stopped for a traffic violation, a driver may find himself accused of driving under the influence of beer, wine or hard liquor, or occasionally drug DUI if that individual is taking doctor-prescribed medications that may have interacted unexpectedly with each other.
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November 26, 2013

Monmouth County Drunken Driving Police Blotter: DWI and Marijuana Possession Arrests

by Jonathan F. Marshall

As DWI and drug DUI defense attorneys, the legal team at my firm has made it their job to represent those Garden State drivers who have been charged with operating a motor vehicle while under the influence of alcohol, doctor-prescribed meds, and even illegal substances (also known as controlled dangerous substances or CDS). As experienced trial lawyers, we certainly understand how quickly an average motorist can find himself in the custody of a local cop or state trooper after being arrested for allegedly driving while intoxicated.

Here in New Jersey, DWI enforcement can be such that more than a few otherwise law-abiding citizens can end up before a judge pleading their innocence on a drunken driving or drug DWI charge. Especially when anti-drunk driving campaigns are going full tilt, but even when things may seem to be mostly quiet arrests can and do occur quite frequently. Hundreds of roadside stops for traffic violations are made every day around this state, and a percent of those may end up with a driver taken into police headquarters for a breath test.

Of course, New Jersey is in no way unique, but it certainly does see its fair share of inebriated drivers plying the roadways. Whether those motorists are legally drunk is for a court to decide, which is why we recommend that anyone accused of operating a motor vehicle while under the influence of alcohol or drugs talk to a qualified legal expert in the field of drunk driving law.
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November 25, 2013

New Jersey DWI News: Middlesex County Police Arrest Two Drivers for Alleged Intoxication

by Jonathan F. Marshall

Being drunk and acting drunk can be two different things. As New Jersey trial lawyers and specialists in defending motorists accused of driving while intoxicated, I and my staff of experienced attorneys understand the law and how it may apply to individuals who have been charged with DWI or drug DUI. One thing that is quite often used against individuals who are charged with a DWI-DUI offense is the observations of the arresting police officer regarding the suspect’s physical appearance or actions. Again, this entails a judgment based on whether or not a driver looks or acts inebriated.

The fact is, there can often times by an innocent explanation for the oft-cited symptoms of intoxication, and these can sometimes be pointed to as counter arguments against the prosecution’s evidence pertaining to the arresting officer’s claim that he observed certain “objective” symptoms of intoxication in the drunk driving suspect.

What police officers quite often list as telltale signs of drunkenness can include bloodshot and/or watery eyes, a certain degree of slurred speech, a flushed appearance to the motorist’s face, and even a so-called unsteady gait when walking outside of his or her car. But it should be remembered that there are, in fact, non-alcohol-related causes for many of these so-called objective observations.
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November 24, 2013

DWI, Vehicular Assualt Charges for Rutherford Motorist Compounded after Accident Victim Dies at Hospital

by Jonathan F. Marshall

We’ve said it before, but it bears repeating once again. Drinking and driving is not just a risky behavior in terms of losing one’s license or paying thousands of dollars in fines; driving in an impaired state can potentially risk the driver’s life and the lives of those around him. As New Jersey DWI defense attorneys, we work hard to clear the names of those individuals who have been accused of driving while intoxicated by alcohol or impaired by drugs. However, this doesn’t mean that we encourage anyone to drink and drive.

For drivers here in the Garden State, it should come as no surprise that municipal police, state troopers and other law enforcement personnel maintain a very dim view of drivers who operate their motor vehicles while being even the slightest bit tipsy or inebriated. The same can be said for the judges in this state. For those convicted of DWI or drug DUI, the New Jersey DWI statutes provide stiff penalties for intoxicated or impaired driving.

Besides possible loss of driving privileges, monetary fees, fines and assessments can add up to thousands of dollars depending on the extent of the charges. Just the thought of losing one’s personal independence can make many motorists think twice about even taking one drink and then getting behind the wheel. But there are worse scenarios.
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November 23, 2013

Ocean County, NJ, Driver Charged with DWI after Police Discover Car with Flat Tire

by Jonathan F. Marshall

It goes without saying that drunken driving is a much more serious offense than the typical traffic infractions that can be the precursor of a DWI arrest. In fact, given the choice, most individuals who have been convicted of driving a motor vehicle while under the influence of alcohol or drugs would probably have been much happier with a citation for speeding, improper lane change, or vehicle equipment infraction. The bottom line is that being accused of DWI or drug DUI opens the door to costly fines, fees and assessments, depending on the circumstances.

Although being pulled over for most any traffic offense can be an unnerving experience, being arrested subsequently for DWI or drug DUI can turn an embarrassing and upsetting event into one that is much more frightening. Never mind the potential for a conviction — and its associated serious and expensive consequences — the impact of simply a DWI arrest on one’s personal relationships and professional life can also be quite significant.

As New Jersey drunk driving lawyers, the attorneys at our law firm are skilled in the defense of Garden State motorists who have been hit with a DWI or drug DUI summons, charged with breath test refusal or arrested for possession of a controlled dangerous substance (CDS) in a motor vehicle. Our job is to review a client’s case and look for any significant legal issues that may damage the prosecution’s arguments as the state strives to achieve a guilty verdict.
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November 22, 2013

Out-of-State Driver Arrested for Drunken Driving, Causing DWI Traffic Accident in Hackensack

by Jonathan F. Marshall

As Garden State DWI and drug DUI defense attorneys, my colleagues and I have represented hundreds of individuals for a variety of civil and criminal offenses. When it comes to drunken driving, as experienced trial lawyers, we know that there are numerous approaches to a DWI-DUI defense. While we understand why some people might be averse to hiring a legal representative to stand by them in court, the penalties associated with a drunk driving conviction are significant enough these days to warrant at least a consultation.

We are often asked by potential clients how realistic it is to believe that one can fight a charge of operating a car, truck or motorcycle while under the influence of alcohol or prescription drugs. The response to this question has a great deal to do with what the accused driver has in mind for himself as he stands before the court. If someone is already resigned to pleading guilty, then we know that is no way to win a DWI-DUI case.

Being apprehensive about defending oneself is a natural feeling. Most laypeople have little or no knowledge of the law, much less New Jersey’s specific drunken driving statutes. If the thought of going up against a skilled municipal prosecutor and his or her star witness — usually the arresting officer — makes one unsure of their chances of winning their case, perhaps speaking with a qualified DWI attorney might be in order.
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November 20, 2013

Police Say Deceased Monmouth County Man’s License was Suspended at Time of Alleged DWI Crash

by Jonathan F. Marshall

Compounding any traffic offense with an injury accident is never a good situation. As a former municipal prosecutor, and now a professional drunk driving defense attorney, I understand the desire by police officers and our court system to punish motorists convicted of DWI or drug DUI. When an automobile collision is also involved, the stakes increase by a like amount.

As New Jersey drunken driving defense lawyers, my colleagues and I are ready and willing to assist those individuals accused of driving under the influence of alcohol or prescription drugs; even illicit substances like cocaine, meth and marijuana. We do know that our job will be complicated when a DWI-related car, truck or motorcycle wreck also involves a serious injury or death. My law firm has represented many clients who have been hit with an impaired driving charge in addition to possible vehicular assault.

Here in the Garden State, local and state police take a very dim view of motorists who even have the slightest appearance of intoxication. The same goes for the courts. New Jersey DWI law provides for stiff penalties for those convicted of intoxicated driving. One of the numerous penalties is the loss of driving privileges for a period of time. Considering the value that most people place on their mobility and personal independence vis-à-vis their automobile, license suspension can be a serious hardship.
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