Uncategorized

September 24, 2013

Drunk Driving Defense: Addressing Concerns of the New Jersey’s First-time DWI Offenders

As many drivers know there is nothing so discerning to a motorist as seeing those flashing patrol car lights in one’s rearview mirror. But that sinking feeling of being pulled over by a New Jersey state trooper or local patrolman can be compounded simply because a driver may think he had one too many drinks or if he is on prescription medication from a physician. The important thing to remember is it is never a mistake to consult with a qualified legal professional who understands drunk driving law.

While many people may wonder why a person would need to hire a DWI-DUI attorney, the benefits can outweigh the potential fines, license suspension, and even jail time consequences associated with a drunk driving conviction. Whether a person has been picked up for operating under the influence, driving while impaired by doctor-prescribed medications, or breath test refusal following a DWI arrest, the experienced trial lawyers at the law offices of John F. Marshall can help explain your rights under the law.

When trying to decide whether it is advisable to hire a drunk driving attorney to handle your case, it is best to look at the downside to not having a qualified legal professional at one’s side. Fines and monetary penalties aside, the potential of a license suspension if one loses his or her DWI or drug DUI case is a real and potentially life-disrupting after-effect of a conviction. For individuals who rely heavily on their ability to drive to and from work, school or other important daily activities should truly consider what the loss of driving privileges can mean.
Continue reading

September 22, 2013

Off-duty Jersey Policeman Charged with DWI, Breath Test Refusal after Altercation at Gas Station

by Jonathan F. Marshall

As professional trial attorneys, my colleagues and I have a great deal of respect for our men and women in uniform: the soldiers in our military who fight for our nation in conflicts abroad, and the law enforcement and emergency services personnel who maintain order and protect the health and safety of citizens here in the Garden State and elsewhere throughout our country.

In fact, as a former municipal prosecutor myself, I have worked closely with police officers and other New Jersey law enforcement officials to uphold our state and federal legal statutes. I fully understand the dedication and sacrifice that those in law enforcement provide to our communities on a daily basis. But, while I respect and admire the efforts and selfless commitment of our police officers as a whole, I also know that there can be some bad apples in every bushel.

There is a line we all must draw when a public servant breaks the laws he has been sworn to uphold. As citizens, each of us should expect every public official, including patrolmen, to carry themselves with dignity even when off duty. The vast majority of police, judiciary and legislative representatives in this state are a credit to their individual professions as they go about their lives being the exemplary role models that the rest of us can appreciate and emulate.
Continue reading

September 20, 2013

Ignition Interlocks: The Current Reality for Many Convicted New Jersey Drunken Driving Offenders

by Jonathan F. Marshall

It’s safe to say that most people who have more than a few decades under their belts may have seen and experienced quite a bit in their life so far. That said, it wouldn’t be a stretch to suggest that being arrested by a police officer for anything would be a relatively scary proposition for almost anyone, not the least an average law-abiding citizen. The last thing that anybody wants is to be branded as is a scofflaw, or worse, a criminal.

But being arrested for a DWI or drug DUI is exactly what thousands of Garden State residents experience every year in this state. Having been stopped for a traffic violation can rattle most any motorist, but to find oneself being placed in the back of a patrol car and taken to police headquarters for a breathalyzer test and possible drunken driving charges, well that can be a downright frightening experience.

Not only can a DWI-DUI arrest be unnerving, but having been charged and then facing the serious consequences of a drunk driving conviction the potentially expensive penalties that go along with a guilty verdict can weigh on a person. As New Jersey DWI defense lawyers, my colleagues and I truly understand what the average person is facing when that squad car door slams shut and the ride to police headquarters begins. Maybe you won’t be charged with driving while intoxicated, but many people are and those odds aren’t comforting.
Continue reading

September 18, 2013

NJ Drunk Driving Police Blotter: DWI and CDS Arrests in Middelsex and Cumberland Counties

by Jonathan F. Marshall

As Garden State DWI defense attorneys, we know that our perspective on drunk drivers may be somewhat different that that of the police or legislators in Trenton. Where law enforcement agencies do not have much sympathy for drivers who drink and drive on New Jersey roadways, our job as DWI defense lawyers is to consider all of the facts and the specific circumstances of each case and present a thoughtful argument to the court on our clients’ behalf.

When it comes to operating a motor vehicle while intoxicated, my colleagues and I know that errors in judgment can and do occur on a regular basis in this country. We know that many people who are arrested for drunken driving (who the law refers to as first-time offenders) never consciously decided to break the law, but rather did not realize they we legally impaired to begin with. Of course, once a traffic stop is made, it can be up to the opinion of the officer in charge whether or not to arrest the motorist.

With all the focus on anti-DWI enforcement, it is not too surprising that there will be from time to time motorists arrested and charged with drunk driving who have been either unfairly accused of DWI or who may have extenuating circumstance that made the officer believe that individual was impaired at the time of the traffic stop. Either way, it is the job of this law office to provide an important service of representation to these and other people who seek our counsel.
Continue reading

September 16, 2013

Piscataway Driver Charged with Drunken Driving Following Arrest Outside Hunterdon County Prison

by Jonathan F. Marshall

In our line of work there is no lack of odd circumstances that arise when considering the range of cases involving drunken driving or drug DUI. Here in the Garden State, police agencies and the officers who work for them are not the least bit sympathetic to drivers who even have merest appearance of operating a motor vehicle while intoxicated. While this can sometimes result in a motorist being arrested erroneously for operating a motor vehicle while intoxicated, other DWI arrests are much more legitimate. However this doesn’t mean that nothing can be done when the time comes to go before a judge.

Whatever the circumstances, as a New Jersey law firm providing legal representation to individuals charged with one or more of any number of drunk driving offenses, we highly recommend consulting a qualified DWI trial attorney before taking one step into a courtroom. There is no excuse, with free consultations available from many reputable DWI lawyers, that any person accused of driving under the influence of alcohol or prescription medication not be informed about his or her rights under the law.

Of course, as we stated previously, there are exceptional or at least odd circumstances where a motorist may find himself arrested for DWI-DUI following a police stop. Such was apparently the case a short while back when a Middlesex County man was taken into custody and charged with drunk driving after a police officer noticed a vehicle parked in a restricted area of the Mountainview state prison off Petticoat Lane in Hunterdon County, NJ.
Continue reading

September 14, 2013

Driver Found Asleep at the Wheel in Ocean County Arrested for DWI and Drug Possession

by Jonathan F. Marshall

Impaired driving aside, being arrested for a drug possession charge is nothing to take lightly. Having marijuana, cocaine, meth, or any other type of narcotic or habit producing substance in one’s possession can lead to bad results. As Garden State criminal lawyers and drunken driving defense attorneys, we often see situations where a simple traffic offense may lead to a worse outcome.

The reality these days is how easily a case of simple drug possession in a motor vehicle, or even possession with intent to distribute can become a much more complicated situation with serious criminal penalties attached. As criminal defense attorneys, we understand how charges for cocaine, weed or other illegal substance has the potential to become bring with it enhanced penalty exposure, including jail time.

Taking into effect the numerous factors associated with cocaine possession, for instance, law enforcement agencies in the Garden State have been rather aggressive in pursuing and arresting individuals believed to be involved in this type of drug. New Jersey’s Drug Court was instituted to help those people who have an addiction problem, as opposed to those who may be in the drug “business.” In any case, being stopped on the roadside with illegal drugs in one’s possession is not desirable under any circumstances.
Continue reading

September 12, 2013

Repeat DWI Offenders Take Note: Penalties for Second and Subsequent DWIs Could Get More Strict

by Jonathan F. Marshall

Traveling the Garden State Parkway, coastal highways or city streets while legally intoxicated could be much more of a gamble in coming years for those who already have a drunken driving conviction under their belt. As New Jersey DWI-DUI defense lawyers, my firm understands the serious nature of any drunk driving arrest, not to mention the conviction that could follow. But for those already convicted of a first-time drunk driving offense, the next time might be even more expensive than it is today.

According to news reports, the New Jersey legislature is considering a piece of legislation that would increase the fines and other penalties well beyond what are on the books right now. As experienced drunk driving attorneys and skilled trial lawyers, we know that even with large-scale anti-DWI campaigns, frequent roadside sobriety checkpoints and high-saturation DWI patrols, the chances of someone being stopped and arrested for driving under the influence of alcohol are pretty good.

Whether one lives in Monmouth, Ocean, Sussex or Middlesex County; or if a driver is simply traveling through the Garden State, state and municipal police officers are always on the job looking for potentially drunk drivers. And while a patrolman cannot stop a car simply on a hunch that a driver is impaired by alcohol or prescription drugs, there are more than enough potential traffic and vehicle offenses happening on a regular basis to give a policeman any number of excuses to pull a drunk motorist over.
Continue reading

September 11, 2013

Refusing a Breathalyzer Test: An Option that Should Not be Exercised Without Due Consideration

by Jonathan F. Marshall

As drunk driving defense attorneys, I and my staff of skilled trial lawyers have been representing motorists accused of operating a motor vehicle while intoxicated for many years. Here in the Garden State, there are many different ways in which to be charged with some kind of alcohol-related driving offense. As a former municipal prosecuting attorney, and now as a DWI defense lawyer, I understand that some individuals should never have been accused of drunken driving in the first place, while others simply could benefit from the representation that my law offices provide.

Although some people may consider a straight DWI-DUI charge as the worst possible accusation that a driver could receive from the police, it is equally serious when a motorist — for whatever reason — chooses not to submit to a breath test when a police officer requests it. For this reason, I and my colleagues always recommend that anyone having been charged with breath test refusal seek an experienced drunk driving attorney before they step foot in a courtroom.

While it may seem to be a good choice to some drivers, refusing to submit to a breath test here in the Garden State is usually treated with the same enthusiasm by prosecutors as any other DWI or DUI arrest. As we tell many of our clients who choose this route, breathalyzer refusal a serious offense that one cannot afford to take without proper legal representation.
Continue reading

September 9, 2013

New Jersey Drunk Drivers and Ignition Interlock Devices (FAQ)

by Jonathan F. Marshall

Those arrested for drunken driving here in the Garden State don’t have much to look forward to should a conviction for DWI be the end result. In addition to the hundreds and even thousands of dollars in monetary penalties, such as assessments, fines, insurance premium increases and court fees, the law also requires convicted drunk driving offenders to have an ignition interlock device placed on his or her vehicle for a period specified by the court.

As New Jersey drunken driving defense lawyers, I and my colleagues have the skills and experience necessary to represent individuals accused of operating a motor vehicle while intoxicated by alcohol, prescription drugs, or a controlled dangerous substance (CDS). While many people may not think that they have a chance to avoid a DWI or drug DUI conviction, the fact remains that if you don’t try, you won’t ever know what is or isn’t possible.

When it comes to being found guilty of a drunk driving offense, many of those people who are convicted receive not only harsh monetary penalties but also possible jail time or other punitive measures. One of the increasingly common penalties that individuals find themselves being ordered to follow by the court is the mandatory use of an ignition interlock device.
Continue reading

September 8, 2013

Drinking and Driving in New Jersey can have Multiple Consequences for All Involved

by Jonathan F. Marshall

As New Jersey DWI defense lawyers, my colleagues and I know the serious consequences that can be associated with operating a motor vehicle while intoxicated. The attorneys at my law office have for years been legal representatives of accused DWI-DUI drivers; we have acted in this capacity for long enough to know that getting behind the wheel of a motor vehicle after having a drink or two can be more than a risky proposition, it can lead to an injury-related car accident or a fatal traffic collision.

Aside from these mostly unthinkable results of impaired driving, the odds of being arrested by a state police trooper or a local patrolman increase with the frequency of driving while potentially intoxicated. As a matter of fact, we often advise friends and associates to always consider the potential downside of operating a car, truck or motorcycle if one has had anything to drink prior to getting behind the wheel.

This warning goes the same for individuals who are taking prescription drugs or other narcotic substances. There is little to be gained by venturing out onto public roads when you may be stopped by a state trooper or local patrolman for some minor traffic offense, only to be slapped with a DWI or drug DUI. The personal and professional embarrassment, potential financial impact and the possible daily troubles associated with the loss of one’s license should all be motivating factors for any driver who thinks he is immune from detection, arrest or conviction for DWI or DUI.
Continue reading