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First a few facts to begin with: Under New Jersey law, a patrolman or state trooper is permitted to legally arrest a motorist for drunken driving per N.J.S.A. 39:5-25. While police have the ability to take a driver into custody and charge him or her with DWI or drug DUI, the law is not without some limitations.

As New Jersey trial lawyers experienced in defending individuals accused of operating a motor vehicle while intoxicated, we know that the law allows a law enforcement officer to arrest a person for DWI-DUI without the need for a warrant if, and only if, the policeman has “probable cause” that the driver was operating his or her vehicle in violation of New Jersey law (specifically N.J.S.A. 39:4-50(a) and/or N.J.S.A. 39:3-10.13).

Probable cause usually exists when the totality of the facts and circumstances that are known to the officer makes it reasonable for that individual to believe that the subject of the arrest was operating his or her car while in an impaired condition, either by alcohol, doctor-prescribed drugs or illicit substances, such as marijuana, cocaine, meth or some other controlled dangerous substance (CDS).
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As a former municipal prosecutor and now an advocate for drivers accused of operating their motor vehicles while impaired by the consumption of beer, wine or hard liquor, as well as doctor-prescribed medications or even illicit drugs, I and my legal team make it our goal to provide the best defense for every one of our clients who have been charged with DWI or drug DUI.

Here in the Garden State, hundreds of motorists are pulled over every week all across the state; many of these individuals are arrested and charged with operating a motor vehicle while intoxicated. Some of these drivers will hire a DWI defense attorney to handle their case, while others will try to make a go of it one their own. Some will have their cases thrown out for one or more reasons, although many will likely be convicted and have to pay hundreds or thousands of dollars in fines, court fees and increase auto insurance rates.

Anyone who drives a vehicle in New Jersey probably understands that driving under the influence of alcohol or prescription drugs drunk driving is considered a very serious traffic offense under this state’s laws. And, as we’ve mentioned many times before, there are severe penalties for those convicted of DWI-DUI.
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As advocates for motorists accused of drinking and driving, drug-impaired motor vehicle operation and other alcohol-related violations, I and my colleagues maintain a healthy skepticism when it comes to charges levied by local and state police against drivers. But being skeptical of law enforcement officials does not mean that we do not respect the job that police officers do for our community.

Similarly, as officers of the court, we have a responsibility to the truth. One thing we do know is that fabricating stories in an effort to reduce guilt or avoid justice altogether is not the best course for most people who seek justice from the courts. Taking statements from all sides with a grain of salt allows one to keep an open mind and lends better perspective to important legal matters.

When it comes to being accused of drunken driving, most people want to avoid any consequences. As New Jersey DWI defense attorneys, I and my experienced team of trial lawyers understand the law and can use our skills and training to best advantage for our clients. This is important, since a conviction for driving under the influence can result in penalties ranging from the loss of one’s license to heavy fines and even jail time.
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Having defended hundreds of motorists over the years, my law firm’s legal team literally has decades of trial and courtroom experience under its collective belt. As such, we understand how typically law-abiding citizens can find themselves facing a drunk driving charge for the very first time. Most people charged with DWI probably did not start the day thinking that they were going to operate their vehicle while intoxicated. Even more likely never considered the possibility of being arrested on the spot for drunk driving or drug DUI.

Sadly, the time when all the would-a, should-a, could-a thoughts come streaming through one’s mind is about the same time as the officer in charge asks that you step out of the car to perform a field sobriety test. At that point, considering whether or not to drive after taking even one drink prior to heading home is a little overdue.

As New Jersey DWI defense lawyers, I and my colleagues devote ourselves to defending the rights of those individuals who have been accused of breaking the law. Our job is to represent individuals charged with operating a vehicle while under the influence of beer, wine, hard liquor and any other alcoholic beverage. The same goes for those drivers accused of being impaired by doctor-prescribed meds (drug DUI), certain illegal substances or even possessing a controlled dangerous substance (CDS), such as cocaine, meth or marijuana in an automobile.
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It would appear that Middle Township in Cape May County was probably not the best place to drive drunk during 2012, at least according to news articles that reported one of the township’s officers recently received the “Top Gun” award for that county. It should be noted that as a former municipal prosecutor here in the Garden State, I have great respect for our law enforcement professionals; the people who serve their communities and place their lives on the line every day all across this state.

Despite good intentions, however, there are instances where police officers may arrest a person and erroneously charge him or her with an offense without sufficient supporting evidence. This is where attorneys like me and my knowledgeable team of experienced DWI defense lawyers can come to the aid of motorists who may have been falsely accused of drunk driving or drug DUI. It is entirely understandable that law enforcement agencies want to curb drinking and driving, but there are limitations to how the police may go about this task.

As we are quick to point out here at my law firm, there must be legal justification for any traffic stop that results in a drunken driving arrest. The Constitution of the United States, as well as that of the state of New Jersey, has wording that protects motorists from unreasonable traffic stops. This is to say that the police, be they the local cops or state troopers, can only stop a driver given a legitimate reason to do so under the law. Quite simply, just a hunch that a person is maybe drunk behind the wheel is not sufficient legal justification for a motor vehicle stop.
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Unless you’ve been living under a rock for the past several decades you probably know almost intuitively that municipal patrolmen, as well as our New Jersey state troopers, all have a very keen eye for potentially impaired motorists. Making one’s way onto public roads in any condition other than fully sober can be a risky proposition not only in terms of safety to you, your passengers, and others on the road as well, but also financially.

As New Jersey DWI defense lawyers, I and my staff of skilled legal professionals have for many years been protecting the rights of individuals accused of operating a motor vehicle while under the influence of alcohol or prescription drugs (drug DUI). My legal team understands drunk driving law and the potential fines associated with a conviction for any number of alcohol-related offenses.

Another thing that we know from our decades of collective courtroom experience is that law enforcement officers and the prosecutors who handle drunk driving cases tend to have a singular goal of catching, convicting and punishing motorists who get behind the wheel of a car or truck while intoxicated. Whether it’s alcohol, doctor-prescribed medication, or illegal substances, the law has strict rules for dealing with offenders.
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There are few things that will get the attention of a New Jersey State Trooper or local patrolman faster than a motorist operating a vehicle that is obviously damaged, in poor repair, or incorrectly maintained. As such, there are few worse scenarios than attempting to drive a mechanically compromised automobile when you as the driver are also somewhat compromised by alcohol (DWI), prescription meds (drug DUI), or an illegal substance (also known as a controlled dangerous substance or CDS).

Furthermore, it doesn’t take a skilled legal professional to know that here in the Garden State, being arrested for DWI or drug DUI is not the best path to a happy future. Aside from the general embarrassment, potential negative career implications, or interpersonal problems that such an event can trigger, the cost of a conviction for drunken driving can be rather significant, especially for those individuals who already have tight family budgets.

All this being said, there are ways to avoid attracting the attention of the local constabulary. First and foremost is not getting into the driver’s seat after having even one drink. Whether you are below the legal limit of 0.08 percent blood-alcohol content (BAC) or not, being even slightly impaired can raise your chances of having an accident by affecting one’s ability to control the vehicle; never mind the possibility of standing out in a crowd by weaving, failing to signal, speeding, or even going much too slowly.
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While it’s easy to fall back on the old saying that “kids will be kids,” keeping today’s youth on the straight and narrow seems to be quite a job for parents these days. While many adults may have engaged in similar antics growing up in here in the Garden State, once they have children of their own it seems that the things that went on during the good ol’ days are no longer acceptable today.

As New Jersey DWI defense attorneys, we often see minors of driving age who have been caught operating a motor vehicle while under the influence of alcohol. As youngsters, these individuals are generally less familiar with the affects that alcohol can have on a person. As a part of youthful experimentation, whether one accepts the practice or not, there is always a chance that a teenager or even a pre-teen may get in over his or her head. And it’s most any parent’s nightmare.

Like it or not, as long as alcohol is legal for sale to adults, there will always be some kids who try to get hold of some beer, wine or hard liquor. However, the laws in this state do not allow for anyone under the age of 21 to buy, possess or consume alcohol. Here in New Jersey, imbibing alcohol before the age of 21 carries with it potential penalties that not only affect the youngster in question, but also any adult who made that alcohol available to him or her.
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Well, it has finally warmed up and the cold weather from earlier in the year is now just a dim memory, which can only mean one thing: Time for a trip to the Jersey Shore. But aside from the weather, what we’d like to talk about today is the potential for getting a drunken driving ticket without ever hitting the road. This may be a point of contention between the police, local prosecutors and drunk driving defense attorneys, but it may be instructive to point out a few things.

As New Jersey DWI-DUI defense lawyers, I and my staff of highly qualified litigators understand how easy it can be for drivers in the Garden State to get caught up in a drunken driving arrest. Not only is drinking and driving grounds for being charged with DWI, but operating a vehicle while impaired by prescription medication, whether doctor-prescribed or over-the-counter, can yield a drug DUI summons as well.

In our last post, we mentioned a case where a driver was arrested and charged with drunk driving while sitting in a running vehicle on the roadside. Although this may seem to be an odd scenario, there have been many instances where individuals have been arrested by the police as they slept in their parked vehicles. An interesting point about being accused of intoxicated driving is that one doesn’t always need to be drunk on an actual public roadway to end up being arrested for DWI-DUI.
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Each week there are always more motorists who become acquainted with local and state police officers in ways they likely never expected. As drunk driving trial attorneys, the experienced attorneys at the law offices of Jonathan F. Marshall understand how unexpected and traumatizing being arrested for intoxicated driving can be to many people. For this reason alone, not to mention the legal aspects of many DWI-DUI cases, the accused may want to discuss their situation with a qualified legal professional.

Since my staff has been involved in more courtroom hearings in a week than the average person might experience in their entire lifetime, it’s never a bad idea to take the time to consult with a specialist in the area of drunk driving law. Surprisingly, many DWI and drug DUI arrests start out in a relatively innocent manner; by a driver failing to signal a lane change or having a lapsed vehicle registration. But by the end of the traffic stop, many drivers may find that themselves sitting at police headquarters and blowing into a breathalyzer machine, such as the Alcotest device.
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