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August 7, 2013

Union County Police Blotter: Intoxicated Drivers and Drug DUI Offenders Arrested

Among the more common traffic stops here in the Garden State are those for speeding, improper lane change, faulty vehicle equipment and others. For a fair percentage of those drivers stopped for a relatively minor traffic offense, there are no serious repercussions; however, a segment of the driving public can end their day in some instances with a court summons for drunken driving. As New Jersey DWI defense lawyers, we understand how easy it truly is to find oneself on the wrong end of the law.

It’s no secret that intoxicated driving is a common and year-round problem for many municipalities across the Garden State. But the incidence of impaired vehicle operation can certainly become more so during the warm-weather months. I and my colleagues recognize this and offer the following news items as examples of the random, yet hardly infrequent kinds of DWI and drug DUI arrests here in New Jersey.

Whether one lives or works in Union County, the circumstances surrounding alcohol-related traffic offenses always seem to be similar, if only because they usually begin with a basic traffic infraction or other driver mistake leading to a police stop. Here are just a few examples:
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August 6, 2013

DWI Police Blotter: Arrests across Monmouth County include Drunken Driving and CDS Possession

by Jonathan F. Marshall

As potentially fallible individuals, few among us can actually state that they are perfect in every respect. As experienced trial attorneys who make it our job to defend individuals accused of civil offenses and criminal acts, the legal staff at my law firm recognizes that many people have occasional shortcomings that sometimes result in a well-intentioned individual being arrested for a traffic offense such as DWI or drug DUI. It’s just part of human nature to make mistakes, and we fully understand this.

Fortunately, our society is based on laws and we have courts and judges to decide if a person is guilty or innocent of any particular crime or infraction of which he or she has been accused. Once a verdict is rendered, penalties for a convicted person are meted out. In the case of DWI-DUI, defendants who are found guilty of operating a motor vehicle while under the influence of alcohol or drugs can find the monetary costs to be rather expensive.

For economic reasons alone, it would seem to be in most people’s best interests to choose a qualified drunk driving defense lawyer to represent them. For our part, we usually recommend that anyone accused of drunk driving, breath test refusal or any of a myriad of DWI and DUI-related offenses, consider retaining an experienced legal professional. At the very least, it is wise to consult a trial attorney who is skilled in DWI law.
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August 4, 2013

Beware the Defective Equipment Traffic Stop: Saving a Few Dollars Now Could Cost Thousands Later On

by Jonathan F. Marshall

How many times have you seen a driver ahead of you in traffic with a burned-out taillight? While it may seem insignificant to some, a simple $10 light bulb could cause big trouble down the road. Never mind the accident potential of a non-working brake lamp or a faulty turn signal, just consider the cost of a defective equipment ticket. Oh, you say, a couple hundred bucks or so, I’m too busy. And, really, what are the odds? Well, in our experience, the odds are pretty good that something may happen before that bulb gets replaced.

But what if a driver, who happens to have avoided fixing that turn signal or brake light bulb, finds out the hard way that he just maybe had a little too much to drink with his buddies at the bar? That burned-out bulb is now one big red flag for a municipal patrolman or state trooper. Unfortunately, by the time this scenario plays out, the cost of that little bulb may have gone up quite a bit depending on the circumstances. In any case, it’s safe to that driver will be into the state for more than the $10 or $20 it would have cost to fix that light in the first place.

As New Jersey drunken driving defense attorneys, we understand that human nature can get in the way of doing the right thing from time to time. We’ve represented numerous drivers over the years who may have indulged themselves a bit too much when they should have eased off. It’s difficult to know exactly how much alcohol is in one’s bloodstream or whether a person has consumed enough food at lunch or dinner offset the wine he or she drank.
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August 2, 2013

Drug DUI News: Marijuana-related DUI Legislation Passes into Law in Colorado

by Jonathan F. Marshall

Driving while under the influence of marijuana in the Garden State is actually covered under the same statutes as the state’s alcohol-related DWI laws. While marijuana is the most common variety of “illegal” drug when it comes to a drug DUI charge, many motorists every year are accused of impaired operation of a motor vehicle because of cocaine, meth, heroin and other illicit substances, sometimes referred to as controlled dangerous substances or CDS.

As New Jersey drunk driving defense attorneys, a portion of our work is representing individuals who have been stopped by a police officer for what would normally be a routine traffic infraction, yet who end up being arrested and charged with either drug DUI or CDS possession in a motor vehicle. As we mentioned previously, although the law (specifically, N.J.S.A. 39:4-50) has been couched in terms of “driving while intoxicated” from alcohol, the statutes are written so as to include physical intoxication from any and all substance.

In addition to alcohol, the state’s DWI-DUI laws encompass impairment from all manner of CDS including narcotics, hallucinogens or any habit forming drugs. This is why, if a motorist is arrested for operating their vehicle while under the influence of marijuana, they are charged with a violation of the statues listed under 39:4-50. More importantly, however, unlike an alcohol-related DWI case (which usually entails evidence from a breathalyzer device such as the Alcotest machine), a marijuana-related DUI case usually involves scientific evidence in the form of a blood test or urine test.
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July 30, 2013

Garden State DWI Defense Update: Most Anyone Can Be Arrested for Driving Under the Influence

by Jonathan F. Marshall

No matter who you are or what your station in life, few if any people have immunity from a drunken driving arrest in this state. The apparent danger of drinking and driving long ago pushed intoxicated operation of an automobile, truck or motorcycle beyond that of a moving violation to one of the most serious traffic offenses in the Garden State.

As experienced New Jersey DWI defense attorneys and skilled trial lawyers, my legal team understands the law as it specifically applies to drunken driving, as well as the penalties associated with a conviction for drunken driving or operating a motor vehicle while impaired by prescription medication or illegal substances (such as marijuana or cocaine). As knowledgeable DWI attorneys, we also understand how the stigma of a drunken driving arrest and/or conviction can impact a person’s life, both public and private.

Frankly, it’s not that uncommon here in New Jersey to read of a sports hero, entertainer, state official or even a police officer who has been slapped with a DWI or DUI charge while driving his or her vehicle on public roads. From time to time we will run across news stories that detail the events leading up to the arrest and conviction of a well-known personality for drinking and driving or being impaired by drugs.
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July 28, 2013

New Jersey Drunk Driving Police Blotter: Officers in Middlesex and Monmouth County Arrest Drivers for DWI

by Jonathan F. Marshall

Prosecutions of motorists accused of driving while intoxicated can unfold in a number of different ways here in the Garden State. In situations where a driver is charged with operating a motor vehicle under the influence of alcohol usually focus on whether or not the defendant was impaired by beer, wine, hard liquor of some other type of alcoholic beverage. Arrests made on the basis of having a blood-alcohol content (BAC) reading of 0.08 percent or more is typically referred to as a “per se” charge.

As New Jersey drunk driving defense attorneys, I and my legal team understands New Jersey’s DWI-DUI law, which can be unusual in several ways. First off, unlike many other states across the country, New Jersey doesn’t give accused DWI or drug DUI offenders the right to a jury trial. A motorist accused of driving while intoxicated in the Garden State is entitled only to a court trial, where a judge is the sole decider of guilt or innocence. Naturally, there are various advantages and disadvantages to this approach.

One important “advantage” for those defendants who are found guilty by a judge of DWI-DUI in New Jersey is that the guilty party has the right to an appeal, known in legal circles as a “de novo” appeal. In cases where the defendant loses his initial DWI case, the de novo appeal allows the appellant to bring his case before a county-level Superior Court judge, who will review the trial transcripts and listen to arguments from both the motorist’s lawyer and the state’s attorney.
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July 26, 2013

Motorist Gets More than a Dozen Years Behind Bars following Eighth DUI Conviction

by Jonathan F. Marshall

We hear a lot about criminal recidivism, but a percentage of drunk drivers who have been caught and punished still can also have a difficult road ahead of them in terms of repeat offenses pertaining to DWI or drug DUI. As New Jersey drunken driving defense attorneys, I and my staff of experienced trial lawyers understand the difficulties faced by those who have one or more drunk driving convictions in their recent past.

Here in the Garden State, being a second- or third-time DWI or DUI offender does not garner much sympathy from the police or our courts. The same can be said for most other parts of the country. Take, for instance, the story of an out-of-state driver dubbed by the prosecution as the “Grim Reaper,” who was sentenced to 13 years in jail after being convicted of his eighth drunken driving offense.

Based on news reports, 43-year-old Timothy Morrow of Round Lake Beach, IL, was sentenced last May capping a quarter century of drunken driving arrests and convictions. According to court records, Morrow received his first DWI when he was only 17 years of age. Since that time, the local prosecutor in the drunk driving case against Morrow cited nine other incidents when the defendant was stopped for driving under the influence of alcohol, as well as two others involving boating under the influence (also known as BUI).
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July 24, 2013

Union County DWI Police Blotter: Fanwood, Garwood and Summit Police Make Multiple Drunk Driving Arrests

by Jonathan F. Marshall

It’s easy to become incensed about a traffic ticket, especially for an individual who has never before been face to face with a municipal patrolman or a state trooper; authority figures who essentially tell a that person that he was, plain and simple, in the wrong. But imagine not only being told you were wrong, but that you were being arrested for your mistake as the officer saw it. It’s not hard to see that many an otherwise law-abiding citizen might lose his cool under such circumstances.

As New Jersey DWI defense lawyers, my firm is well versed in the laws of this state as they apply to operating a motor vehicle while under the influence of beer, wine, hard liquor, and even prescription medications or illicit drugs. With more than 100 years of collective litigation experience, I and my colleagues take our jobs very seriously when it comes to representing the interests of clients who have been accused of drunken driving, breath test refusal, CDS possession in a vehicle, drug DUI and other DWI-DUI cases.

While many of our clients are first-time offenders, there is no lack of people who find themselves in similar situations each and every day. Alcohol and drug-related traffic arrests are made by police constantly all across the Garden State. We are asked quite often by potential clients if an officer needs a warrant to make a drunk driving arrest. The short answer is actually, No.
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July 22, 2013

DWI News Alert: Beware the Left-hand Lane on Garden State Throughways, Interstates and Parkways

by Jonathan F. Marshall

Anyone who frequents this blog may already know that the police have more than a few avenues at their disposal when it comes to justifying a traffic stop here in the Garden State. As experienced DWI defense lawyers, my legal team understands the law and specifically how it applies to cases involving drunken driving, operating a motor vehicle while impaired by a controlled dangerous substance (CDS), breath test refusal, possession of marijuana in a car, and numerous other offenses.

Aside from the obvious infractions that can get a motorist pulled over — such as speeding, failing to yield, making an illegal turn, etc. — there are other and more subtle ways in which a patrolman might effect a traffic stop. One is being identified as having an expired vehicle registration through what is known as a “mobile computer look-up.” Instances involving this kind of police activity, which may or may not lead to an actual traffic stop, only take an officer’s curiosity regarding the status of one’s vehicle registration, insurance coverage, owner’s license info, or even if the vehicle has been stolen.

For those who may be wondering, the odds of being stopped based on a random computer look-up could be rising as we speak, especially considering the burgeoning information sharing efforts between local, state and federal law enforcement agencies. Furthermore, the precedent is already set with this kind of indirect observation; police departments all across New Jersey have the authority (based on State v. Donis) to conduct random license plate look-ups for all manner of vehicle and driver information.
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July 20, 2013

Woman Charged with Another DWI After “Celebrating” Completion of DUI-related License Suspension

by Jonathan F. Marshall

Drunk driving defense attorneys such as myself and my colleagues can only help people just so much. When a driver makes a mistake or error in judgment and gets behind the wheel of his or her automobile while possibly intoxicated, a qualified DWI defense lawyer can be of great assistance in fighting a potential DWI or drug DUI charge. But after the case is closed, whatever the outcome, the choice to repeat the original episode is solely up to the driver himself.

As professional litigators experienced in representing motorists accused of operating a vehicle while under the influence of beer, wine, hard liquor or prescription drugs, we can only advise our clients to exercise discretion and not to end up in a similar situation in the future. Unfortunately, human nature is a tough thing to overcome with some individuals and many previously-convicted drunk drivers — or even those acquitted of driving while intoxicated — can end up on the hook again for being allegedly drunk behind the wheel in the future.

Here in the Garden State, multiple convictions for DWI-DUI have consequences much more serious than those for a first-time offender. While it’s no secret that harsh consequences await those convicted of a second- or third-time drunken driver, it also should not be a surprise that retaining a lawyer in such cases is usually the best course of action. Although no one can guarantee the outcome of any legal case, there are some compelling reasons to mount a strong defense for “first-timers.”
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