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July 18, 2013

New Jersey DWI News: Garden State Drivers Becoming More Aware of Drunk Driving Consequences

As long as DWI checkpoints and sobriety roadblocks have been used in this state there have been detractors who ask if the cost in equipment, manpower and officer overtime is really worth the effort of bringing in a handful of alleged drunken drivers from time to time. Here in the Garden State, the random operation of sobriety checkpoints certainly has given more than one driver pause to get behind the wheel of his or her car following an evening with friends at a restaurant, bar or private residence.

As long-time DWI defense attorneys, I and my team of experienced trial lawyers have dedicated ourselves to helping those motorists who believe that they did not deserve being charged with driving under the influence of alcohol or drugs. One of the many ways in which New Jersey drivers end up in front of a municipal or county judge is when they are arrested for DWI or drug DUI at one of the numerous drunk driving roadblocks that go up on weekends and during various national holidays.

Although law enforcement agencies throughout the state have it in their authority to set up sobriety roadblocks, there are limitations and rules that must be followed. For example, the police are required by law to place a public announcement (stating when and where) prior to the erection of any sobriety or DWI checkpoint. Furthermore, the placement of these roadblocks must be in an area that has a history of prior DWI activity; in other words, they cannot be placed anywhere the police authorities choose.
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July 16, 2013

Why Complicate Matters by Tying a New Jersey DWI Tied to an Auto Injury Accident?

by Jonathan F. Marshall

For those drivers accused of operating a motor vehicle while under the influence of alcohol or impaired by prescription drugs, we as drunken driving defense attorneys understand how difficult this kind of charge may be on these individuals and their families. But there is one important distinction for those who are pulled over on the side of the road, or waved into a sobriety roadblock, only to be arrested and charged with DWI or drug DUI: you did not injure or kill somebody else as a result of being in an allegedly impaired state.

We have said it here numerous times in the past, but being accused with causing bodily injury or killing another individual while also allegedly being drunk behind the wheel is a far more serious situation than being picked up for a minor traffic violation and then being slapped with a drunk driving summons.

As New Jersey DWI-DUI defense lawyers, I and my colleagues are well prepared to represent those motorists who find themselves accused of drunken driving, drug DUI or even impairment due to a controlled dangerous substance (CDS), such as cocaine or marijuana. But adding a car, truck or motorcycle crash to the list of related charges can be a game-changer.
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July 14, 2013

Alleged Racial Profiling Blamed in Out-of-State DWI Arrest of Motorist with Zero Blood-alcohol Content

by Jonathan F. Marshall

Like it or not, we do not live in a perfect world. Day in and day out, law abiding citizens all across the country are stopped on our nation’s roadways and arrested for any number of offenses for which the charges are later dropped or dismissed in a court of law. For those who have their cases thrown out by a traffic judge, the relief is often accompanied by anger or resentment because of the trouble and cost of defending their good name when they knew all along that they were innocent of the charges. For others — those who can’t avoid the points, monetary penalties or other punishment ordered by the court — they can usually appeal their case to a higher court.

The point we wish to make here is that nobody is perfect, and that goes as much for the men and women in law enforcement as it does anyone else in our modern society. It’s only natural that human beings come with their own set of shortcomings. Mostly, we ignore the less serious failings — in terms of judgment or actions — of our friends and family knowing that they mean well even though their decisions and choices can sometimes be arrived at through faulty or imperfect logic. For others, we often expect perfection, though this is often only wishful thinking.

Police officers and others in authority tend to be seen by a large portion of the general public as having a god-like infallibility. Living up to this standard would be hard enough for the average person, much less someone who is charged with maintaining the safety and well-being of the citizenry. When a police officer, judge, or city, state or federal official fails to meet the public’s expectations of them, there is usually a backlash.
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July 12, 2013

Advanced Patrol Car Electronics and Instant Access to Statewide Motor Vehicle Databases Give Police an Edge

by Jonathan F. Marshall

Back in what some of us might call the good ol’ days, having an out-of-date license plate tag or being tardy in making an auto insurance payment was a secret that could mostly be kept to oneself, at least until a driver broke a traffic law right in front of a cop. But that’s hardly the case anymore. These days, the information age can quickly catch up to those procrastinating motorists and other drivers for whom the calendar is merely a seasonal guidepost. For those who might not worry so much about driving their vehicle while possibly intoxicated, whether they know it or not, Big Brother is watching.

As we’ve explained in the past, New Jersey state law defines when it is legal for a police officer to stop a motorist on the roadway, after which a drunk driving summons may be forthcoming depending on the officer’s suspicions and observations of the driver. But having a hunch that a motorist may be inebriated behind the wheel of his or her vehicle is not sufficient legal grounds in the Garden State for a patrolman to stop a vehicle. Acting on the suspicion that an individual is impaired by alcohol or prescription drugs (drug DUI) should only come into play following a legitimate traffic stop.

But what does it take to cause a municipal policeman or a New Jersey state trooper to decide that a driver is in violation of one or more traffic laws? Simple observation can result in a routine police stop if the officer in charge sees an obvious violation, such as an illegal U-turn, failure to yield at a stop sign, even cutting through a parking lot to avoid waiting at an intersection. These and many other scenarios are all typical ways in which New Jersey drivers are constantly getting into hot water with the police.
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July 10, 2013

NJ Police Blotter: DWI Arrests Include Suspect Fleeing from Drunk Driving Stop in Union County

by Jonathan F. Marshall

Here in the Garden State, motorists are not lacking in choice when it comes to selecting a drunk driving defense attorney to representing their interests following a DWI or drug DUI arrest. Whether it’s a routine traffic stop that results in a summons for impaired driving or multi-car accident that points to a driver being drunk behind the wheel, an unending procession of intoxicated driving and prescription drug-related DUI cases is constantly marching through New Jersey courtrooms almost every day.

As experienced drunken driving defense lawyers, I and my staff of skilled trial attorneys have the legal background and professional experience that brings results. The Law Offices of Jonathan F. Marshall provides clients with legal representation in cases involving drunken driving, drug-impaired vehicle operation, possession of illegal or controlled dangerous substance (CDS), and breath test refusal, just to name a few.

Especially here in New Jersey, where stiff DWI fines and other penalties await those convicted of driving while intoxicated, there is a large number of anti-drunk driving road patrols and sobriety checkpoints (also known as DWI roadblocks) that occur on a regular basis, both in the summer months and at various times during the year when a major holiday suggests a higher-than-normal frequency of drunken drivers on the roadways.

July 9, 2013

Allegedly Drugged Woman Exhibiting Odd Personal Behavior Arrested for DWI in Sussex County, NJ

by Jonathan F. Marshall

As drunken driving defense attorneys here in the Garden State, we have litigated a great number of DWI cases throughout our many decades of collective trial experience. One could say that I and my colleagues have probably seen it all when it comes to defending nearly every manner of drunk driving case, but that might be a little too broad a statement as there are some events yet to occur that may be too bizarre for even the most outrageous TV or movie plot.

I and everyone on my legal staff take our jobs very seriously when it comes to helping those drivers accused of operating a motor vehicle while allegedly under the influence of alcohol, prescription medication or illegal drugs like cocaine or marijuana. Many times, drivers can be judged to be intoxicated by the police based on their actions or physical behavior, when in reality the circumstances may not necessarily warrant an arrest, but rather concern for the person’s well-being.

Take the Sussex County DWI-related arrest of an out-of-state woman earlier this year. Many readers may already have heard about this lady, who was arrested in the Sparta Township area after police found her vehicle following a report of a car that hit a stone wall in the area, but which had been driven off following the impact. Based on the news stories at the time, officers came upon the woman and her Volkswagen Jetta sometime after midnight early on a Friday morning, though the circumstances of that encounter were hardly routine.
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July 6, 2013

Some New Jersey Drunk Drivers Go Out of Their Way to Advertise Their Apparent Intoxication

by Jonathan F. Marshall

Many of our clients and potential clients express concern about a police officer’s justification for making a drunk driving stop. And rightly so, since portions of both the U.S. Constitution and that of the State of New Jersey have been written with the intent of protecting individuals from, among other things, unreasonable motor vehicle stops. As professional trial attorneys, we are dedicated to fighting for our clients’ rights and we know that the law does not allow the police to stop someone, nor subject them to a detention from free movement, unless the police have a legitimate reason for doing so.

When it comes to the reason for making a legitimate traffic stop that may or may not result in a DWI or drug DUI arrest, the law requires that a police office must have an “articulable and reasonable suspicion” that the subject, or driver in this case, has violated some article of the law. The standard that can be applied to this kind of a proper traffic stop may include first-hand observation of a motorist’s driving behavior, or it can be based on information phoned in or otherwise communicated to the police by a third party(s), such as information provided by other law enforcement entities in the way of motor vehicle look-up info, radio transmissions from roving patrols to be on the lookout for a certain vehicle, etc.

Sometimes we are asked if an anonymous tip from another driver or pedestrian is sufficient evidence on which to base a legal traffic stop. In short, an anonymous source can only be used if it is reliable or based on something that can only be established through corroboration of facts. What this means, typically, is that the officer must confirm certain facts alleged by the tipster before effecting the traffic stop. (Note that the only exception to this requirement is where the community caretaker function or a valid roadblock apply.)

With an articulable and reasonable suspicion that a violation of the law has taken place on the roadway, a municipal patrolman or state trooper is then free to make a proper motor vehicle stop. Many times, these incidents may be the result of an observed traffic offense, such as speeding, improper passing, failure to yield at a traffic light, failing to signal a lane change or turn, or any number of other infractions that a police office is able to see happen.

In some cases, a physical problem with the subject’s automobile, truck or motorcycle may result in a routine traffic stop if the problem is in violation of the state’s traffic laws. Inoperative headlamps, taillights, license plate light or signal lamps may trigger a police stop. Similarly, defective vehicle mechanical items that could affect the safety of the occupants of the subject’s vehicle, other motorists and passengers sharing the road, or pedestrians near the roadway on which the subject’s vehicle is traveling may also provide a valid reason for a stop.
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July 4, 2013

NJ Drunk Driving News: Three Garden State Drivers Compound DWI with Additional Offenses in Middlesex County

by Jonathan F. Marshall

In Atlantic, Ocean, Monmouth, Middlesex, Passaic, and Morris County, not to mention the dozen-plus other counties around the Garden State, it is not appropriate to operate a motor vehicle while legally intoxicated as provided in the New Jersey legal statutes. If you or someone you know have been arrested and charged with driving while intoxicated (DWI) or driving under the influence of prescription drugs (drug DUI), you may have already started searching for a drunk driving defense attorney who may be able to assist in your defense.

One of the more important things to remember if ever you find yourself named in a DWI or DUI case is that New Jersey prosecutors, in general, are taught that confronting a defendant in court will be typically more difficult if that individual has retained a DWI lawyer to assist him or her against the state’s accusations. Being found not guilty following a charge of operating a motor vehicle while under the influence of alcohol, doctor-prescribed medication or illicit drugs is a matter of finding many or all of the prosecution’s key legal arguments to be defective.

As long-term DWI defense attorneys, the attorneys at my law firm have the skills and courtroom experience to identify problems with the prosecution’s case and use those to the client’s ultimate advantage. Depending on the particular circumstances surrounding the defendant’s arrest and subsequent charging in a drunk driving case, a skilled lawyer may be able to work out a favorable sentence, or better yet, help the accused motorist to avoid a conviction completely.
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July 2, 2013

Hudson County DWI News: Bayonne Fire Department Captain Suspended after Multiple DWI-related Collisions

by Jonathan F. Marshall

Not long ago we addressed the pitfalls and potentially life-changing consequences for professional drivers who are facing a possible conviction for drunken driving. As many readers will recall, my law firm understands how the threat of losing one’s commercial driver’s license (CDL) due to a drinking and driving charge can be more than overwhelming. Losing one’s ability to make a living due a suspended or revoked CDL can have an economic impact on an individual and his families far beyond that of the average office worker.

As New Jersey DWI defense lawyers, I and my legal team know that any loss of driving privileges can be disrupting to one’s daily life. It is understandable that anyone who uses a motor vehicle to get to and from work would be highly inconvenienced by a license suspension due to DWI, but generally that suspension would not affect most individuals’ livelihood in the way that a similar suspension would a affect a professional driver.

Semi tractor-trailer drivers, cabbies, delivery truck operators and tradesmen rely on their ability to use a company vehicle to directly generate an income. But here in the Garden State, when a person is convicted of a drunk driving offense, the possible loss of private driver’s license has a direct effect on that person’s CDL. And, we might add, when it comes to the rules and regulations surrounding possession of a CDL, federal law has much a lower limit on what is considered drunk driving.
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June 30, 2013

Police Charge Handful of Motorists with DWI Following Arrests in Warren and Hunterdon Counties

by Jonathan F. Marshall

Being in the legal profession gives me and my colleagues an advantage over the average person when it comes to understanding the possible consequences of many different civil and criminal offenses. For motorists here in the Garden State, one of the most serious — and the most potentially costly — is a driving while intoxicated charge. Combined with other related offenses, such as breath test refusal, DWI in a school zone, or drug DUI, the potential monetary penalties can total in the thousands of dollars.

As New Jersey DWI lawyers, the legal team at the law offices of Jonathan F. Marshall takes very seriously its responsibility to provide the best defense to drivers who have been accused of driving under the influence of alcohol, doctor-prescribed medications or illegal substances like marijuana or cocaine.

As adults, many drivers frequently find they are presented with a choice when enjoying an evening out with friends, family members or business associates. Given the opportunity to have a drink or two with others, any motorist must consider the consequences should he or she be stopped for a traffic violation not far from a restaurant or bar.
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