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October 2, 2014

DWI Defense Update: Drivers Charged with DWI are Well-advised to Maintain Decorum at Trial

As Garden State DWI-DUI defense attorneys, my colleagues and I strive to help individuals who have been charged with drunken driving or hit with a drug DUI summons, among other alcohol- or drug-related driving offenses. While some people may not understand the importance of preparation prior to a DWI hearing, it is safe to say that most individuals facing some potentially hefty fines and other costs of a possible DWI or DUI conviction will find it important to use discretion when taking part in their drunk driving hearing. Others, sadly, will not.

This last point was illustrated quite clearly after we read of a 47-year-old out-of-state woman who apparently distinguished herself in a less than flattering way when she allegedly showed up to her DWI hearing while she was intoxicated. According to news reports, the Pennsylvania driver had already received a traffic ticket for driving under the influence of alcohol; yet, when she arrived at the courtroom, she was reportedly impaired by alcohol yet again.

Based on the news article we read, the defendant was “highly intoxicated” at the time she arrived by taxi and eventually stepped foot into the office of the district judge for her arraignment on earlier charges of DWI, as well as other related traffic offenses from a police stop in late May this year. The woman was not only reportedly drunk, but an hour late as well, which as anyone can understand would in and of itself be unacceptable barring an extreme circumstance beyond the defendant’s control.
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September 29, 2014

Warren County, NJ, Driver with 4 DUI Convictions Arrested for Driving on Suspended License

by Jonathan F. Marshall

Although many people who find themselves arrested and charged with a drunken driving offense may generally be lumped into the first-and-old-time category, there is a portion of the driving public, albeit a smaller group, who end up with second- and third-time offenses to deal with. When it comes to DWI and drug DUI arrests, those with multiple convictions definitely have a harder time of it in terms of sentencing and penalties.

Sad to say, but those motorists who find themselves the recipients of frequent drunken driving summonses can often end up with onerous monetary penalties and significant jail time if convicted of a third or subsequent DWI charge. Most drivers, as well as the public at large, find it surprising that those with a couple DWIs under their belt may actually tempt fate and drive a motor vehicle while under the influence of alcohol, prescription drugs or an illegal substance (CDS); however, regardless of why a person ends up arrested for DWI-DUI after already being convicted in the past of similar charges, the bottom line is that a competent drunk driving defense is all the more important for such individuals.

As Garden State DWI-DUI defense attorneys, my colleagues and I make it our business to defend those people who feel they were unjustly accused, or that the potential penalties following another conviction would be too much to bear. Whether my legal staff handles a first-time DWI case or one involving a second- or third-time charge, we know the importance of thorough preparation when fighting for our clients. In fact, it is safe to say that most individuals facing potentially heavy fines and other penalties feel they need a lawyer skilled in drunk driving defense to avoid serious consequences.
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September 25, 2014

Garden State DUI Update: Driving While Legally Medicated Can Still Lead to a Drug DUI

by Jonathan F. Marshall

There is no doubt that drinking and driving is an activity that happens with extreme frequency here in New Jersey. As Garden State DWI defense attorneys, my highly skilled legal staff has many years of representing motorists charged with being intoxicated behind the wheel of a motor vehicle on the roadways, interstates and highways of our state. While most people typically associate a DUI charge as being alcohol-related, a fair number of police arrests for impaired driving involve some kind of drug.

Of course, one person’s illicit drug may be another’s legal medication. And while there are more than a few arrests for drug DUI involving some kind of illegal drug (also referred to as a controlled dangerous substance, or CDS), many other drug DUI charges are based on impairment due to doctor-prescribed medications. The legal aspect of the actual substances may be starkly different — and a possible further complication to one’s DUI arrest — but in the eyes of the law, impaired driving is impaired driving regardless of the type of substance causing the impairment.

Since driving under the influence is more commonly linked to alcohol consumption, it may be instructive to remind the driving public that, just like too much alcohol, taking certain medications — prescription or over-the-counter — may interfere with a motorist’s ability to operate his car, truck or motorcycle. As many doctors will point out, every patient who is taking one or more kinds of doctor-prescribed drugs should be aware of the potential side effects of those meds, either alone or in combination.
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September 25, 2014

FAQ: NJ Drunk Driving Arrests and the Consequences of a DWI Conviction — Part Five

by Jonathan F. Marshall

For those individuals who find themselves on the wrong side of the law, that is, a motorist who has been arrested for a drunken driving offense, the immediate issue at hand is often trying to locate a competent DWI-DUI attorney to represent oneself against the local municipal prosecutor who is pressing the charges against him. To put it in simple terms, if your turn in the DWI barrel has come, now is the time for action, not later.

As Garden State drunk driving attorneys, my colleagues and I have a very good track record of defending motorists who have been charged with some kind of impaired driving. Whether these accusations involve the consumption of alcohol or the use of legal narcotic medications, or even illegal substances, the need for a qualified legal professional is always a priority. Let it be said at this juncture that my firm in no way condones any kind of impaired operation of a motor vehicle, be it a car, commercial truck, motorcycle or watercraft. From our point of view, the best defense is a good offense, and the best way to avoid a DWI or DUI is to avoid drinking or taking drugs any time one expects to be driving on New Jersey roadways.

As recognized experts in the field, my legal team gets a lot of questions from prospective clients who are just beginning to learn about the intricacies of DWI law. In the interests of edifying our readers, we feel that learning something now about drunk driving defense may come in handy in the future, especially if someone finds himself in a difficult situation involving a drunk driving arrest.
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September 23, 2014

Former District Court Judge Charged with “Fixing” DWI Case against Prosecutor’s Relative

by Jonathan F. Marshall

It should be not be surprising that as New Jersey civil and criminal defense attorneys, my colleagues and I make our job to represent individuals accused of crimes, misdemeanors and civil infractions. In particular, we are dedicated to helping motorists accused of DWI get a fair shake within our legal system. When a driver feels that he or she has been unjustly or erroneously charged with driving while intoxicated, we are ready to lend out expertise to their case.

With the above stated, it must be said that we do have a great deal of respect for the law enforcement officers, attorneys on both sides of the aisle, as well as the members of the judiciary, who make the law work for millions of people every day. What we do not respect is the few individuals in positions of power and influence who take advantage of their status to use the law to their own benefit, or those who they favor.

While we applaud the police officers who enforce our laws and put their lives on the line every day, but conversely, we are rarely sympathetic to those patrolmen who by their deeds show that they hold themselves to a different set of standards in cases of drunk driving or other offenses. Similarly, we find that officers of the court who likewise use the law to their own advantage have much to learn about fairness and equal treatment under the law.
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September 20, 2014

Arrest of Bergen County Man for DWI follows Injury-related Drunken Driving Crash in Mahwah

by Jonathan F. Marshall

As Garden State drunk driving defense lawyers, my colleagues and I know that defending those accused of an alcohol- or drug-related traffic accident can become very complicated when injuries are involved. Multi-car accidents can, of course, result in serious and sometimes fatal injuries; however, causing injury while operating a motor vehicle under the influence of alcohol or prescription drugs intoxicated can up the ante quite a bit in the eyes of a municipal prosecutor.

For this reason alone — that is, having caused a personal injury while intoxicated by alcohol — it is advisable to locate a skilled criminal defense lawyer with expertise in litigating New Jersey drunken driving cases. A recent news story out of Bergen County details an all too common scenario involving an inebriated driver, a crash between a motor vehicle and a bicycle rider, and a badly injured victim.

According to police reports, a 62-year-old bicyclist from the New York area was sent to the emergency room after being hit by a Dodge pickup truck in the Mahwah, NJ, area. The collision took place early on a Wednesday evening along a portion of Ramapo Valley Rd. New articles indicated that Francisco Perez of Suffern, NY, was riding his bicycle in the northbound lane when a local man going the opposite way made a sudden left turn onto N. Railroad Ave.
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September 18, 2014

Garden State DWI News: Could Government Seizure of Vehicles in Adjoining States Portend Jersey’s Future?

by Jonathan F. Marshall

Most every motorist understands intuitively that drinking while intoxicated (DWI) can be a costly undertaking, not only in terms of post-conviction fines and increased insurance premiums down the road, but also in the unfortunate event of a crash causing injury or death. Yet, regardless of the disincentives to drink and drive, hundreds of Garden State drivers are arrested every month for driving under the influence of either alcohol or drugs.

Traffic safety experts and law enforcement agencies, along with lawmakers understand the continuing problem with DWI and DUI offenders, which sometimes results in heavy-handed or extreme measures to achieve certain ends. As New Jersey drunken driving defense lawyers, our job is to help those individuals who believe that they have been unjustly accused of a DWI, drug DUI or other related offense. We do see, from time to time, some rather worrisome changes in the way that certain locales treat DWI offenders, as well as those convicted of drunk driving.

Take, for instance, the ongoing efforts in one of our neighboring states to rein in intoxicated drivers. According to a news article we recently ran into, drivers arrested and charged with driving under the influence on a majority of Long Island may be looking forward to having their vehicles seized, impounded and possibly even sold off depending on events in the courtroom.
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September 15, 2014

Garden State DWI News: Monmouth County Police Charge Multiple Drivers with Drunk Driving and DUI

by Jonathan F. Marshall

Whether you live or travel in the Monmouth County area, municipalities such as Asbury Park, Manalapan Township and Red Bank all see their share of intoxicated and impaired driving these days. As long-time DWI defense lawyers, my legal team has represented hundreds of individuals from all around the Garden State who have been accused of driving under the influence of alcohol, prescription medications or illegal drugs, also known as controlled dangerous substances (CDSs).

Quite often one can find the results of police activities in the local police blotters published by news agencies all around the state. The following is a brief list of the kinds of police arrests that take place on a regular basis here in New Jersey. While the circumstances are always unique, the situations that arise are often very much the same when it comes to the how and why of many traffic stops; they illustrate the typical course of events that many drivers experience year in and year out when it comes to drunk driving and drug DUI.

Asbury Park Arrests include DWI and Drug Possession
Law enforcement personnel in the Asbury area have been making drug-related arrests for many years. In recent weeks, according to reports, police have made arrests for possession of drug paraphernalia, intoxicated driving and marijuana possession. During the long Labor Day weekend, officers arrested several people including a 32-year-old out-of-state man for heroin and cocaine possession, as well as five prescription legend drugs.
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September 12, 2014

Garden State DWI Defense News: Moriarty Dash Cam Bill Signed into Law

by Jonathan F. Marshall

For those who have been pushing to have mandatory dashboard cameras installed on all New Jersey police vehicles, this past Wednesday is a red letter day. The new legislation, signed into law by Governor Christy, now requires every municipal police car used for DWI duty in the Garden State to have a working dash cam (or, alternately, a body cam worn by the officer) was inspired by a case involving the false arrest of NJ Assemblyman Paul Moriarty for drunken driving two years ago.

As some may recall, Assemblyman Moriarty was arrested on July 31, 2012, in Washington Twp. where he was erroneously charged with DWI. But from the get-go, Moriarty, who was previously the mayor of that municipality, disputed the charges and the arresting officer’s contention that the assemblyman was intoxicated at the time of the police stop. According to subsequent news reports, the officer contended that Moriarty’s vehicle cut off the officer’s patrol car and failed to maintain its lane, resulting in the traffic stop.

Despite the officer’s claims that Moriarty had the smell of alcohol on his breath, Moriarty said he was completely sober at the time of the stop and had consumed no alcohol prior to arrest. Alleging harassment and misconduct on the officer’s part, Moriarty used the video evidence recorded by the officer’s in-car video camera to bolster his case. The recording of Moriarty’s arrest showed clearly a number of discrepancies between the arresting officer’s pursuit of Moriarty and what the patrolman later documented in subsequent police reports about the incident.
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September 10, 2014

FAQ: NJ Drunk Driving Arrests and the Consequences of a DWI Conviction — Part Four

by Jonathan F. Marshall

As New Jersey criminal and civil defense attorneys, my law firm understands how quickly a motorist can be put on the spot by a state trooper or municipal patrolman. The range of traffic violations is relatively extensive, but some of the more serious offenses have to do with impaired driving. Whether based on an accusation of drinking and driving, or being impaired by prescription medication or an illicit drug (also known as a controlled dangerous substance, or CDS), my law firm has represented hundreds upon hundreds of people over the years.

There is no doubt that drunk driving arrests are very much a part of police activities all across the Garden State, but that doesn’t mean that these incidents are run-of-the-mill events for those drivers who end up being caught up in them. Saying that DWIs and drug DUIs are fairly commonplace should not diminish the seriousness of the charges that accompany such arrests; and many people often fail to grasp the future consequences of their actions in this regard.

At this point, it must be said that although my legal team is dedicated to defending those individuals accused of impaired driving, we hardly condone intoxicated driving or drug-impaired vehicle operation. As motorists ourselves, the safety aspects of such activities are not lost on the members of my legal staff. Regardless, the law provides that people who have been charged with a civil offense or criminal act have the right to defend themselves in a court of law. We know that not every DWI-DUI arrest is valid, which is why we believe that our clients should have the best possible legal defense when their day in court arrives.
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