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All kidding aside, there is nothing funny about being pulled over after consuming a few drinks with friends. While the time spent with friends back at the restaurant or bar may have been cheerful and relaxed, the encounter with a traffic cop for a possible moving violation will not be so lighthearted. As New Jersey DWI defense lawyers, I and my colleagues are well aware of the awkward and stressful position in which many motorists find themselves on the cusp of a drunk driving arrest.

And make no mistake, unless you are a teetotaler, there is always a chance that having a couple drinks before heading out on the road might set the stage for a difficult time ahead, Every year at this time, with the weather breaking and summer looming, many New Jersey motorists find themselves being stopped for a minor traffic infraction only to end up being escorted to police headquarters for a breath test and possible charges of operating a motor vehicle while intoxicated.

It makes little difference to a state trooper or municipal patrolman that you may be an upstanding person in your profession, a good neighbor, or a pleasant individual, the odds of being arrested and charged with DWI or drug DUI can and does happen to many drivers every day of the year. And as quite a few people already know, the results of a conviction for DWI, breath test refusal, DUI or other alcohol-related offenses can be costly, as well as embarrassing.
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Garden State residents who travel our roadways regularly know that police presence is often quite high. With the highest population density of any state in the Union, it shouldn’t be too much of a surprise that with so many people living in close proximity, law enforcement agencies dedicated to protecting citizens would also have a rather large number of individuals on the force.

As a former municipal prosecutor, I know how hard local governments, as well as the state itself, work to maintain law and order in such a populated area. But as drunk driving lawyers, we at the law offices of Jonathan F. Marshall also understand that with such a high volume of traffic citations and arrests for impaired driving and other motor vehicle violations, there are mistakes made from time to time, with some motorists being unjustly accused of offenses for which they are not responsible.

Anyone who has received a summons for DWI, drug DUI, breathalyzer test refusal or other alcohol or drug-related traffic offense should take advantage of knowledge and experience of a qualified DWI defense attorney. If and when the moment comes, it is reassuring to know that one’s rights are being protected by an aggressive trial lawyer with the skills to fight the state’s charges.
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There are many reasons people come up with to avoid retaining a New Jersey drunk driving defense lawyer. Some believe they can effectively represent themselves during a DWI or drug DUI hearing, while others simple want to avoid paying anyone to speak for them regardless of how much experience the attorney may have. Quite frankly, here in the Garden State we have seen some very aggressive prosecutors who press hard for a drunk driving conviction.

As a former municipal prosecutor myself, I and my colleagues understand the strategies employed by the state’s attorneys. In addition to knowing the New Jersey DWI and drug DUI statutes, I and my staff also have decades of trial experience under our collective belts. It is unlikely that the average motorist who finds himself caught up in a drunk driving case has the experience and know-how to effective argue his case in front of a judge.

That said, we understand that many people may not have the money to retain a qualified DWI lawyer, but many people do not think things through to their logical end. One might be able to save on attorneys fees, but in the possible event that the defendant losses his case and ends up being convicted of DWI or DUI, the savings on legal fees can easily be offset by the potential monetary penalties totaling thousands of dollars in fines, court fees and mandatory increases in the convicted driver’s auto insurance premiums.
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If you ask us — as experienced New Jersey drunk driving defense lawyers — anyone who drives a motor vehicle for a living is well advised to play it very safe and avoid any situations where he or she might end up operating a private car or commercial vehicle while under the influence of alcohol or drugs. The stakes are too high to run the risk of losing one’s license, even for a short period. Why take the chance, we would ask, but human nature is difficult to overcome at times.

Here in the Garden State, the local and state police are always on the lookout for drivers who may be operating their vehicles while impaired. And, although an officer is prohibited by law from pulling a motorist over simply on a hunch that he or she may be drunk or impaired by prescription or illicit drugs, that doesn’t mean that the officer might not wait until the driver executes an illegal turn, runs a stop sign or commits any one of dozens of seemingly minor traffic offenses.

Anyone charged with drunk driving here in Jersey will likely face strict penalties and the loss of a driver’s license should he or she be convicted of that DWI or drug DUI offense. But when it comes to professional drivers here in the Garden State, we can also tell you that these individuals face a more chilling fate: the potential loss their very livelihood, not to mention already harsh monetary and other penalties.
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Here in the Garden State, our courts are full of drunk driving and drug DUI cases being prosecuted by any number of municipal and state attorneys angling to get a conviction the fastest and easiest way that they can. As New Jersey DWI-DUI defense lawyers I and my staff of skilled trial attorneys know that there is no better way to end up paying huge fines and other statutory penalties than to roll over and admit guilt without ever attempting to fight the state’s accusations.

One of the most common mistakes that many motorists make after they have been arrested and charged with operating a motor vehicle while intoxicated by alcohol or otherwise impaired by prescription medications is to assume that the police and the local prosecutor’s office has the upper hand with all the evidence to win a guilty verdict. Better yet, by placing all of its cards on the table in a “show of strength,” a defendant might simply enter a guilty plea just to be done with what he or she believes in the inevitable outcome of a DWI hearing.

What we’d like to say is that no matter what your situation it may be in your best interest to at the very least consult with a qualified legal professional regarding your drunk driving arrest before stepping foot into a courtroom on your own. While there are no guarantees in this life, understanding one’s rights from a legal standpoint is never a bad idea when so much is on the line. A New Jersey DWI-DUI defense lawyer can give you some perspective on your options.
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As a former municipal prosecuting attorney and now drunk driving defense lawyer for motorists accused of operating a motor vehicle while impaired by alcohol, prescription meds or illegal drugs, I have seen my fair share of court cases involving all manner of charges, witnesses, evidence and other relevant details. Although times have changed, to be sure, the way in which these DWI and drug DUI arrests remain fairly consistent. They usually occur following a driving error on the part of the accused drunken driver.

What has changed is the way in which information is shared between police departments, their municipalities, the states in which they reside. Decades ago, for instance, before the information superhighway, traffic offenders in one state were not always known to the police in surrounding or more distant states. But with the advent of the Internet and the World Wide Web, databases filled with conviction and arrest data can be readily available to law enforcement agencies here in New Jersey and elsewhere.

How might affect a driver who has been arrested or charged with a moving violation in another state? Take for instance a motorist who was perhaps arrested for DWI in an adjoining state. It is true that a conviction for drunken driving, drug DUI or even breath test refusal outside of New Jersey can indeed have the same effect on a person later on as being convicted here in a Garden State courtroom.
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Question: How do you increase the number of New Jersey drunken driving arrests almost overnight?
Answer: Just lower the legal limit for blood-alcohol concentration.

The simple Q&A above may seem like a heavy handed attempt at levity, but it actually does have its roots in reality. And, while the scenario of having an even tighter legal limit for drunk driving might seem a bit far-fetched at this very moment, it may be closer than anyone might expect if state legislatures like ours here in the Garden State take the latest recommendation from the federal government to heart.

According to news reports, safety analysts at the National Transportation Safety Board have just recommended a lowering of the legal blood-alcohol content (BAC) level from the current 0.08 percent to a suggested 0.05 percent. The recommended level of 0.05 percent represents a drastic reduction of more than one-third from the current legal limit. As New Jersey DWI defense attorneys, we can only surmise that a lower legal limit would result in a potential increase in drunk driving arrests, at least initially.

Human nature being what it is, it may be that many of the individuals who currently drink and drive likely would continue doing so regardless. But one must ask whether a lower legal limit would shock our society to the point of most everyone being more vigilant about how much they drink before operating a motor vehicle. For reference, approximately 10,000 people die each year in drunk-driving accidents nationwide, while about four million drivers reportedly admit to getting behind the wheel while intoxicated by beer, wine or hard liquor.
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One of the scariest things that a motorist might face when being charged with drunken driving here in New Jersey is providing a breath sample for the police to determine one’s level of intoxication, namely the person’s blood-alcohol concentration or BAC. Having one’s future hang in the balance based on the results provided by a machine can be quite unnerving when a person begins to realize the potential consequences of a DWI conviction.

As far as the operation of a breathalyzer machine, such as the Alcotest 7710, when an individual blows into the device, a measurement is recorded by the machine — this can result in a “valid” blood-alcohol content (BAC) reading or simply an error message. The BAC measurement is then included in what is referred to as an Alcohol Influence Report or AIR.

If there is one silver lining in this entire process it is that the AIR is not susceptible to human manipulation. This is because the AIR is generated automatically by the Alcotest 7710 after the subject has provided a sufficient breath sample. As New Jersey DWI-DUI defense attorneys, the lawyers on my staff know that all tests conducted on this machine are recorded and maintained for approximately six months.
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The warm weather is fast upon us these days and that can only mean one thing to the nautically-minded among us: It’s boating season in the Garden State. Up and down the Jersey Shore and throughout the state’s inland waterways we will be seeing more and more small craft heading out from dock in the coming weeks.

As New Jersey drunk driving defense lawyers, we do know that just as we landlubbers must concern ourselves with an increase in the number of anti-DWI police patrols and sobriety roadblocks during the warmer months, boaters must also consider that drinking and boating is as much out of vogue as that of the automotive set. Quite frankly, boating under the influence (BUI) or alcohol or prescription drugs (drug DUI) carries with it similar and just as costly penalties as DWI does on land.

This is not without justification, though many people who ply the waters in and around Jersey may find it hard to believe that piloting a boat while slightly tipsy could be as dangerous as driving drunk on a busy freeway; but the state of New Jersey takes safety on our waterways very seriously, and hence the penalties for BUI are just as heavy as for motorists.
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As New Jersey drunk driving defense lawyers, my law firm is dedicated to assisting drivers who have been accused or otherwise charged with operating a motor vehicle while under the influence of alcohol or some other substance which may or may not have caused impairment of the motorist’s mental or physical abilities. As experienced trial attorneys working in the area of drunken driving law, we have worked hundreds of DWI cases in our many years of practice.

Defending motorists against drunken driving charges takes skill and training, which the lawyers in my firm put to use every day. Of the many potential charges that police may press against a driver, breath test refusal is one of several that are probably not well understood by the general public. What many drivers may not even recall is that the issuance of a driver’s license in the state of New Jersey comes with an implied agreement on the part of the driver that essentially means any driver who is suspected of driving drunk shall provide a breath sample when requested by police.

By being licensed to drive a motor vehicle in the Garden State, every driver implicitly accepts the terms and conditions of what is known as the “New Jersey Consent Law.” After doing so, a driver who is accused of DWI and will not provide a breath sample to officers can be hit with a “breath test refusal: charge as well. This is laid out in what we typically refer to as the New Jersey Refusal Law the penalties of which are stated in New Jersey legal statutes N.J.S.A. 39:4-50.4.
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