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April 15, 2013

DWI Defense Update: Arizona Drivers Arrested, Convicted for Marijuana-related Drug DUI without Being High

Here in New Jersey, the frequency of drunk driving arrests keeps state and local police busy, not to mention the courts and DWI defense lawyers such as the experienced legal team at my law firm. The typical cases that we see quite a few of are the usual drunk driving offenses that developing out of a routine traffic stop, which likely was precipitated by a fairly minor moving violation or vehicle infraction. The more serious cases involve actual property damage or personal injuries coupled with an accusation of drunken driving.

Of course, drunk driving, or DWI, is only one kind of impairment-related driving offense. When reading the various and sundry news items in Garden State newspapers or online, quite often one will come across references to DUI arrest. While DWI and DUI are used interchangeably by the public, the latter is an abbreviation for driving under the influence. The only question here would be: Under the influence of what?

For many motorists arrested for DWI or DUI, alcohol is the usual substance causing the alleged impaired vehicle operation. However, there is a segment of those arrested for impaired driving who may never have touched a drop of alcohol prior to their arrest on a New Jersey roadway or at a sobriety checkpoint. For those individuals, the police typically look for some kind of narcotic drug use (pointing to a possible charge of drug DUI).
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April 11, 2013

Monmouth DWI-DUI Police Blotter: Numerous Middleton, NJ, Alcohol- and Drug-related Police Arrests

by Jonathan F. Marshall

As drunken driving defense attorneys representing motorists accused of DWI and drug DUI here in the Garden State, I and my large staff of skilled trial lawyers have more than 100 years of collective legal experience to bring to the fore. The Law Offices of Jonathan F. Marshall provides clients with knowledgeable representation in cases involving drunken driving, impairment by prescription drugs or an illegal controlled dangerous substance (CDS), breath test refusal, and other alcohol and drug-related charges.

We are extremely dedicated to representing motorists who have been accused of DWI, drug DUI, marijuana possession in a motor vehicle, as well as underage drinking and driving, among others. With our extensive experience in civil and criminal cases, we can offer clients statewide the services of qualified legal representation combined with skilled and informed drunken driving defense.

Especially here in New Jersey, where heavy DWI enforcement is a common sight and penalties for convicted drunk driving offenders can be very stiff, it is important to have a the best legal defense possible. Whether a person has been arrested for DWI following a routine traffic, at a sobriety checkpoint, or following an alcohol-related roadway accident, there is no good reason to enter a courtroom alone with only hope on one’s side.
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April 8, 2013

Manchester Traffic Stop Leads to Arrest of Brick Woman on DWI Charges, Giving False Information

by Jonathan F. Marshall

We’ve said it here many times in the past, but as usual it bears repeating: Never make your situation worse by running from the police or trying to evade a patrol car. The time is long past, if indeed there ever was a “time,” when a driver could pull some Hollywood-esque or “Dukes of Hazard” end-run on a local cop and end up avoiding a drunken driving arrest. First and foremost, as they say, nobody can outrun a radio. Secondly, every police officer has a radio, not to mention fellow officers plying nearby streets and highways, ready and willing to catch an evading motorist.

Besides the fact that there are strict evasion statutes on the books, being intoxicated and running from the police is basically foolhardy. As New Jersey DWI defense lawyers and motorists ourselves, the last thing we would want is to have a drunken driving suspect speeding around on city streets trying to beat the law in a road race. This kind of action on the part of a DWI suspect can only work against him in the courtroom later on. We also do not espouse lying to the police when they obviously have the upper hand.

Being inebriated leaves most people in a decidedly disadvantageous position; not only can their driving skills be severely compromised, but once stopped by a patrolman for a traffic infraction it can be a tough sell if one intentionally tries to mislead an officer. This goes beyond simple dodging of questions. Some motorists have been known to play games with a patrolman verbally, or even physically attempt to resist arrest or obstruct justice. Quite simply, it’s just not worth it.
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April 5, 2013

Police Log Multiple DWI Incidents in Union County; DWI Accidents, Sobriety Checkpoint Arrests and Others

by Jonathan F. Marshall

Ever known someone who was arrested for driving while intoxicated? Yes, well join the club. No? Just give it a little time. Here in the Garden State, drunken driving seems to be a common activity, as is being arrested for same. One thing is certain; wait a few days and you’re bound to hear about yet another person charged with DWI, or driving while impaired by prescription drugs or illegal substances.

The list of possible charges is not particularly long, but the reasons why motorists get stopped for a seemingly insignificant moving violation or traffic infraction and then go on to be taken into custody by police — then charged with an alcohol or drug-related offense — are many and varied. As a former municipal prosecutor-turned-defense-attorney, I began this law firm to help fight for people who have been accused of DWI-DUI.

One only has to look at the news each day to see the numerous instances of New Jersey motorists being slapped with single and even multiple charges of driving while intoxicated, breath test refusal, impaired driving, possession of illegal drugs or drug paraphernalia and other serious traffic-related offenses. The following are just a sampling of incidents that took place in Union County not too long ago:
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April 2, 2013

Police in Toms River and Barnegat Report Separate Drunk Driving Accidents in Ocean County, NJ

by Jonathan F. Marshall

Now that spring is here, on the calendar at least, it may be time to start thinking about warmer weather and a new warm-weather driving season. Of course, and inevitably, the warmer months mean celebrations, such as graduations and family vacations, among others. Here in the Garden State, spring and summer can unfortunately bring a flurry of drunken driving arrests when those individuals who imbibe a bit too much at family outings, company picnics and other celebratory get-togethers slide behind the wheel and venture onto New jersey roadways.

As experienced DWI defense attorneys, the lawyers at the Law Offices of Jonathan F. Marshall understand how a pleasant afternoon or evening with friends and acquaintances can degenerate into a miserable trip to the local police department in the back of a squad car. Drinking and driving may be a common occurrence on our surface streets and highways, but state police and municipal law enforcement agencies in no way accept DWI offenders as just another part of the scenery.

When the temperatures warm up, one can be sure that mobile patrols and random sobriety checkpoints will be another common part of the local landscape. Our point here is, while being pulled over for driving under the influence may not be unusual during most of the year, getting a summons for DWI, drug DUI or breathalyzer refusal can be rather predictable; all it takes is a drink or two and a minor traffic infraction and the roller coaster ride will begin.
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March 31, 2013

New Jersey DWI Police Blotter: Multiple South Brunswick Arrests for DWI, CDS Possession, Other Offenses

by Jonathan F. Marshall

Do not think for a moment that a drunken driving arrest or drug DUI summons will automatically result in a conviction, fines or jail time. As New Jersey trial lawyers skilled in drunken driving defense, we must say first off that few DWI or impaired driving cases are ever completely hopeless; nor is a conviction for driving while intoxicated, breath test refusal or underage drinking and driving always inevitable. But there is one large caveat to any question regarding drunken driving defense: A motorist must be prepared to fight a DWI charge if he or she can ever hope of coming out ahead.

Time and time again, I and my staff of experienced drunk driving defense attorneys are asked by potential clients about the practical considerations when fighting against a New Jersey DWI-DUI charge. We usually answer their questions by reminding them that nothing can be gained if no effort is expended. Sadly, for many drivers accused of impaired driving, they fail to speak to a qualified DWI expert before stepping into a courtroom.

Certainly, one will never beat a DWI charge by pleading guilty when the time comes. While the local or state prosecutor will usually point out to the court a number of factors that supposedly “prove” the defendant was operating his or her vehicle while under the influence of beer, wine or hard liquor, simply having the so-called “odor of alcohol” on one’s breath or driving erratically is not always grounds for a conviction.
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March 28, 2013

Monmouth County Traffic Wreck Results in Drunken Driving Charges for Eatontown, NJ, Driver

by Jonathan F. Marshall

It seems that every time one turns around in this state there is another DWI or DUI-related traffic accident reported on the web, in the papers or on the local news. As New Jersey drunken driving defense lawyers and motorists ourselves, we often advise our friends and colleagues never to get behind the wheel of an automobile with even a sip of liquor, beer or wine in one’s system.

Why such a strict statement? Because the laws in this state provide for fairly stiff penalties for those defendants who are convicted of drunken driving, even a first-time offense, and there is nothing that we have seen to suggest that driving while intoxicated is worth risking not only one’s hard earned money, but also life and limb. Regardless of where you live, be it Bergen, Passaic, Ocean or Monmouth County, being arrested for drunk driving or DUI associated with prescription drugs, the costs of a conviction are not worth taking a chance.

The other reason, though it isn’t even something that drivers should contemplate, is that once a motorist is driving on a public road with some alcohol in his or her bloodstream, being stopped for even the most innocuous or seemingly minor traffic offense, moving violation or vehicle infraction can open one up to close scrutiny by a state trooper or municipal cop.
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March 24, 2013

Middletown Police Arrest Two Drivers in Separate Drunken Driving-related Auto Accidents on Same Evening

by Jonathan F. Marshall

There are dozens of drunk driving cases tried every week here in the Garden State. What many of them have in common is that a motorist was suspected of driving while under the influence of alcohol or prescription drugs — sometimes even illegal substances, such as marijuana or cocaine — and was issued a summons for DWI or DUI by a New Jersey state police officer or a local patrolman after being stopped for some kind of traffic violation.

As New Jersey drunk driving defense attorneys, I and my colleagues have represented numerous individuals accused of drinking and driving, drug DUI or underage DWI. A smaller, but no less significant number of motorists may have been charged with operating a motor vehicle while intoxicated by beer, wine or hard liquor following a roadway accident. Whether or not it’s a DWI charge related to a serious injury accident, the fines and penalties for a drunken driving conviction are neither cheap nor relaxed here in Jersey.

It’s interesting to note how many first-time drunk driving offenders are otherwise law-abiding citizen who pay their taxes and obey the law. To this point, most drivers arrested for a first-time DWI or DUI can be surprised to find out that they are accused of being legally drunk or impaired at the time of the incident. As New Jersey DWI trial lawyers, we represented dozens of drivers monthly. But one of the things that can complicate a DWI defense is certainly the inclusion of a reckless driving charge associated with a traffic accident.
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March 17, 2013

Consider a Sober Ride Home this St. Paddy’s Day to Avoid Potential DWI Charges

by Jonathan F. Marshall

Well, it’s St. Patrick’s Day, again; and what better time to remind all those planning to enjoy their green beer and Irish whiskey to be sure they also have a sober ride home following the revelry. The fact is, at least here in the Garden State, no good time goes unpunished. With the continuing battle against drunk driving, you can be sure that the state patrol, as well as county and local police agencies will have their officers plying the roadways and looking for drivers who can’t seem to follow our state’s traffic laws.

We say this because, as New Jersey drunken driving defense attorneys, we know that the law does not allow a police officer to stop a motorist solely on the hunch that he or she may be intoxicated. A hunch is not a legitimate reason to stop a motorist, regardless of whether or not that a driver is inebriated or otherwise impaired by alcohol or some other substance. Even if a motorist is under the influence of beer, wine, hard liquor, doctor-prescribed meds or illicit drugs, such as marijuana or cocaine, a patrolman can only stop a vehicle if he has observed a traffic offense or some other type of motor vehicle violation.

Naturally, it doesn’t take much to initiate a traffic stop. Drifting into another lane, however briefly, could trigger a traffic stop, was can exceeding the speed limit or making an illegal turn. Whatever the situation, if a driver has been drinking prior to the traffic stop, there could be a DWI arrest waiting for him just around the corner. And if charged and subsequently convicted, there could be hundreds or thousands of dollars in fines, court fees and statutory penalties. As we said, it’s best not to tempt fate on this favorite of Irish holidays and leave the driving to a teetotaler.
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March 16, 2013

Morris County Superior Court Judge Rejects Venue Change for Fatal DWI Accident Trial

by Jonathan F. Marshall

Anyone who drivers a car, truck or motorcycle here in the Garden State has probably seen the aftermath of any number of traffic accidents throughout the course of a year. As New Jersey DWI defense attorneys, I and my staff of experienced trial lawyers know full well that a certain percentage of automobile and commercial trucking crashes involve possible drinking and driving charges. We also know that a DWI or DUI-related traffic accident can complicate a drunk driving case, especially when there are injuries or deaths involved.

Almost more so than property damage, serious bodily injury or a fatality brought on by an alcohol or drug-related roadway collision can motivate a prosecutor’s office to press hard for a conviction. Whether the victim of an injury or fatal car crash is another driver, a vehicle occupant or a pedestrian, the seriousness of the incident will usually make for a more difficult defense. This is why, in such serious cases, it is highly recommended that the accused motorist consult with a qualified legal professional, if only to better understand his or her rights and options going forward.

Being charged with driving while intoxicated is no laughing matter, as many people who have been a defendant in a DWI case will likely attest. Consider the case of a DWI accident that occurred in Morris County almost a year ago, which is only just now making its way through the judicial process. According to news reports, the defendant in this particular case is accused of being drunk and maybe even impaired due illegal drugs when the car she was operating struck a pedestrian off to one side of the roadway. The defendant’s attorney had recently filed a motion in superior court to move the venue out of Morris County, however the judge denied the request.
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