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As New Jersey drunk driving defense attorneys, my colleagues and I are dedicated to helping those individuals who have been accused of DWI or operating a motor vehicle while under the influence of prescription drugs or illicit substances (drug DUI). While we do not condone the act of driving while impaired, we are nonetheless committed to assisting motorists who believe that they were unjustly or erroneously charged with a serious alcohol- or drug-related traffic offense.

As many people may understand, some defendants in DWI-DUI cases also have the complication of a roadway accident to contend with. Since every person has the right to legal representation under the law, we are ready to act in our clients’ best interests. Having said that, we must from time to time question the choices that some individuals make when they mix alcohol and automobiles; setting oneself up for potential injury or death is one scenario that comes immediately to mind.

Regardless of one’s stance on drinking and driving, it can be assumed most people know that adding an injury-related or fatal traffic accident to a drunk driving arrest is not the best situation. We do not intend to come off as preachy, but when speaking with friends and colleagues, we often recommend prudence when going out for a drink or two. Quite simply, when it comes to drunk driving and other DWI-DUI violations, we highly recommend that people not make things worse on themselves by pulling another person or persons into their mistake.
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Last month the New Jersey Supreme Court affirmed the decision of the state’s Appellate Division that had overturned a drunken driving conviction of a New Jersey driver following arguments that the man’s trial mixed aspects of a pretrial hearing and that of the actual trial, which in the Court’s view should ideally come later as a separate proceeding.

The initial drunken driving case involved the defendant, Bruno Gibson, who was arrested by a Winslow Twp. patrolman during the early morning hours of November 17, 2007. According to the review article, Mr. Gibson admitted to police that he had been drinking, after which he reportedly attempted and failed several field sobriety tests. As the patrolmen were attempting to take the man into custody, he apparently resisted arrest.

Later pleading guilty in Superior Court to an assault charge, the defendant was sentenced to two years’ probation. The charges of driving while intoxicated and reckless driving were adjudicated in a Winslow Twp. courtroom. According to court records, during the suppression hearing — not the actual trial — there was reportedly a dispute over how the arresting officer had determined that the defendant had failed the standardized field sobriety test that was administered that morning.
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Given the current automotive landscape here in New Jersey, there is more than a good chance that a fair percentage of the population either personally knows of or has heard about someone who has been stopped by the police for some kind of traffic infraction during the last year or so. Of that broad group, the are usually some individuals who have been stopped and subsequently arrested and issued a summons for drunken driving or impaired vehicle operation due to some kind of controlled substance.

Whether one is charged with DWI or drug DUI, the need to find professional legal representation jumps to the top of the list of important decisions following such an event. While most drivers who are charged with drunken driving typically find themselves stopped for what may have seemed like a minor traffic infraction, there is a smaller group that receive DWI-DUI summonses at late-night sobriety checkpoints, otherwise referred to as DWI roadblocks.

Many of the random instances involving drunk driving and drug DUI police stops end up being published in the so-called police blotter sections of many Garden State media outlets. Although many traffic stops, which turn out to be alcohol- or drug-related, may not be all that remarkable, there is often a common theme that comes up again and again. And while the drivers’ names and arrest locations can, of course, be unique to those individual events, there can be seen patterns of stops and subsequent arrests.
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As professional trial lawyers, the skilled legal team at the Law Offices of Jonathan F. Marshall have been practicing law collectively for nearly a century. Having represented countless numbers of motorists who have been accused of drug DUI, DWI, CDS possession in a motor vehicle, breath test refusal and other drug and alcohol-related offenses, we know quite a bit about how to win tough cases. We also know that getting in over one’s head is easier than one might expert here in the Garden State, as well as elsewhere.

Because of our extensive legal experience, we understand New Jersey’s rather strict DWI-DUI statutes. We also know how the law can affect outcomes in the courtroom when drunken driving cases involve injury-related highway accidents in areas such as Bergen, Monmouth, Atlantic and Ocean County.

One of the more serious drunk driving-related charges that can affect parents, grandparents, babysitters and driving-age siblings has to do with intoxicated driving and something called “child endangerment.” For motorists who are found to be under the influence of alcohol or drugs while driving toddlers, small children and even teenagers in their vehicle, the penalties can be much worse than just a “simple” DWI or drug DUI.
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As New Jersey criminal and civil defense attorneys, members of my legal team interact with law enforcement officers on a fairly regular basis. And while some people might assume that the relationship between DUI lawyers and police officers to be rather contentious, as legal professionals and officers of the court ourselves, we have the utmost respect for those hard-working municipal cops and state troopers. Yet, there are instances where the high regard with which we hold most patrolmen can become somewhat strained.

Being DWI-DUI defense lawyers, quite often we must place a police officer on the witness stand to question him or her as to the manner in which a drunk driving arrest was performed. In our experience, there can be serious questions of whether a patrolman followed correct police procedure during the stopping of a suspect’s vehicle, the carrying out of a roadside investigation, as well as the actual arresting of the accused drunken driver. Without question, there are times when officers either cut corners or omit steps in the process of putting a motorist under arrest for impaired driving.

While simple mistakes are not uncommon, especially considering the volume of DWI and drug DUI arrests made every year in the Garden State, we know most officers to be relatively well-versed in the methods and techniques of traffic enforcement. Unfortunately, there are occasional instances where an officer may overstep the bounds of his legal authority, which can open up an important avenue for a skilled defense attorney. Either way, the fact that the word of a police officer has great sway in court makes it necessary for every patrolman to conduct himself in the most professional and legally acceptable manner possible.
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It’s safe to say that here in New Jersey few individuals would have anything pleasant to look forward to given a drunken driving or drug DUI conviction as the end result. Not only does a guilty verdict mean thousands of dollars in court fines, statutory fees and auto insurance premium increases, but the addition an ignition interlock device on one’s vehicle and the possibility of some jail time can be onerous as well.

For those who are considering the services of a drunk driving defense attorney, the time to act is very soon after one is charged with a DWI-DUI offense. It is quite important to find a qualified trial lawyer who has years of experience in defending motorists against charges such as driving under the influence of alcohol or drugs, possession of a controlled dangerous substance (CDS) in a motor vehicle, breath test refusal, and marijuana DUI, among others. But we recommend that a person act swiftly, while choosing carefully, before too much time elapses.

As Garden State DWI defense lawyers, my legal team and I are keenly aware of the anxiety that a drunk driving summons can cause for many otherwise law-abiding people. The best suggestion is to find legal counsel as quickly as is practical so that you allow your defense attorney enough time to prepare a strong case. As long-time DUI-DWI attorneys, my law firm has assisted many individuals accused of impaired driving, such as by alcohol or narcotics. If a driver has been served with a summons and has a pending court hearing, the time to act is now.
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Mississippi has added its name to the list of states now requiring ignition interlock devices (IIDs) for all DWI offenders, even first-time convicted drunken drivers. New Jersey is waiting in the wings right now, as legislators in Trenton hash things out regarding the state’s mandatory IID law. While the debate regarding IIDs has come from both sides of the aisle, some still feel that the Garden State’s approach to drunk drivers may be a little too accommodating.

When it comes to potential changes in New Jersey’s DWI laws, the proposed change to a “brief” 10-day license suspension, plus immediate and mandatory installation of an IID post-conviction has been regarded as a better solution to the current situation, which requires several months’ worth of suspension time that many argue has the potential to cause serious career, family and financial repercussions while not fully addressing the very real issue of convicted DWI offenders taking to the street sans driver’s license.

As New Jersey DWI defense attorneys, my firm has seen more than enough instances of otherwise law-abiding motorists being stripped of their driving privileges as punishment for even a first-time indiscretion. We fully understand the risks and physical dangers of driving while impaired, but more and more people are beginning to accept the potential changes in our drunk driving laws to include mandatory IIDs in lieu of the rather strict punitive measures currently required by the New Jersey legal statutes.
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Could there be more than a few better avenues for fighting a drunken driving charge besides fleeing the police at the time of a DWI traffic stop? The answer to that question, as absurd as it may seem, is naturally, Yes. As New Jersey DWI and drug DUI defense attorneys, my colleagues and I believe that employing the law in one’s defense is surely a more rational approach to avoiding a drunk driving conviction than doing anything as rash as running from the police during a traffic stop or following a roadway accident.

Regardless of the perceived downside to being charged with intoxicated driving, we must repeat that the law provides avenues for those individuals accused of drinking and driving, which have relative benefits far in excess of unlawful and often dangerous hijinks on the road. Case in point, a news article that was published not too long ago regarding a Garden State man who, it would seem, felt that running from patrolmen during a routine traffic stop would save him from being arrested for DWI. Unfortunately, as these things often play out, the result was likely worse it had to be given the limited information in the report we read.

Nevertheless, according to police reports, a 62-year-old Barrington, NJ, motorist was in Gloucester County driving on a stretch of E. High St. in Glassboro when he was stopped by local police just before midnight. The traffic stop was part of the “Drive Sober or Get Pulled Over” anti-DWI program launched to coincide with the end of summer, culminating during this past Labor Day weekend.
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According to news reports, Olympic athlete and champion swimmer Michael Phelps put training on the backburner after his second, and most recent impaired driving arrest up in Maryland. Based on news articles, 29-year-old Phelps decided to put his swimming career on hold in order for the 18-time gold medal winner to go through a six-week in-patient drug rehabilitation program, which he stated would allow him to get the help he believes he needs to “better understand” himself.

The incident that led to this latest DUI arrest occurred in Phelps’s home town of Baltimore when the famous Olympian was pulled over by police for an apparent traffic violation on Tuesday. During the traffic stop, patrolmen suspected that the man was inebriated. After administering several of the standardized field sobriety tests, which Phelps reportedly failed to perform successfully, officers took the Olympian into custody. At police headquarters it was allegedly determined that the man had a blood-alcohol concentration (BAC) of 0.14 percent, which is almost twice the legal limit in most states including New Jersey.

News reports around the internet suggest that Phelps was concerned about this latest DUI, which is likely why he opted to sign himself into a comprehensive rehab program. Based on those reports, his voluntary admission into the program at Octagon means that Phelps will more than likely miss the first United States Grand Prix swim meet in Minneapolis this coming November. As for the balance of the scheduled Grand Prix events, all five of those take place in the first part of 2015.
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As professional trial attorneys representing individuals accused of both civil and criminal offenses, we are well aware of situation in which defendants are concerned that the evidence against them is either unsupported or lacking invalid from a legal standpoint. In particular, there are numerous potential pieces of evidence that the state can use in an effort to convict a motorist on a charge of drunken driving.

What happens before an arrest, though, can also mean the difference between being charged with a DWI or drug DUI and avoiding a court hearing altogether. Of course, there are any number of triggers that can cause a police officer to stop a driver for what may seem to be a routine traffic offense. These include exceeding the posted speed limit, improper lane change, malfunctioning head or tail lights, or almost any minor infraction.

Having litigated countless DWI-DUI cases for our clients over the years, my colleagues and I know that of the many different scenarios that can eventually lead to DWI or drug DUI charges, one situation that comes up more and more is the call from a concerned citizen complaining of a possibly intoxicated driver on the roadway. More and more, it appears, the phoning in to police of information pertaining to a “bad driver” is getting some drivers into hot water.
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