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January 22, 2013

Sussex County Drunk Driving News: Out-of-State Driver Arrested in Sparta Twp for DWI Accident

Following any arrest associated with driving under the influence, it is never a bad idea to contact a qualified legal professional to understand your particular case and to better know your rights under the law. Particularly if one is charged with DWI, drug DUI, impaired driving of any kind, breath test refusal, and any other related moving violations, it would be wise to retain an experienced drunken driving defense lawyer.

We mention this because there is a percentage of the driving population that never calls an attorney after receiving a summons for driving while intoxicated. Why? It’s hard to say, since every person’s situation is different. But what one must ask themselves in such instances is, “Would I be better off without legal representation when facing serious charges of DWI or DUI?”

Frankly, if a motorist who is slapped with a DWI charge chooses not to retain counsel, there is a rather high likelihood that he or she might find themselves on the receiving end of a guilty verdict from a local or county court. Few people realize that it is not uncommon for a driver accused of DWI to still be convicted of drunken driving even though his blood-alcohol content (BAC) was recorded at below the legal limit (0.08 percent). The ace-in-the-hole for the state can often be what lawyers refer to as observed intoxication.
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January 19, 2013

A Look at New Jersey’s Many and Varied Penalties for Marijuana-related Offenses

by Jonathan F. Marshall

With the recent passage of ballot initiatives in the states of Washington and Colorado legalizing marijuana for recreational use, it’s a fair bet that more than a few individuals in the Garden State probably feel the same way as voters in those states; marijuana is more and more becoming an accepted form of relaxation, not unlike the use of alcohol has been for decades across the United States. As New Jersey DWI-DUI defense attorneys, we know that just believing something is benign, harmless or just plain “okay” is not a sufficient defense in a court of law.

Law is the key here. Even if states do begin to loosen up their legal restrictions on the use of cannabis, weed, hash or whatever one chooses to call it, legal use of marijuana on a national scale make take longer. And, while the significance of these two separate state referendums should not be underestimated, experts tend to agree that this was just the first major victory for the marijuana legalization advocates in what will likely be a long battle. The sticking point is that marijuana is still illegal under federal law, which overrules these states’ rights.

So we’ve established that marijuana may have a future as a legal substance, but here in New Jersey, as in most every other state, it is still a controlled dangerous substance (CDS) in the eyes of the government, and state and local law enforcement. Regardless of its status as one of the most commonly used drugs, at least that we have seen in our work as drug DUI defense lawyers, marijuana remains an illegal substance that can really cause a driver problems if convicted of driving while impaired by the substance.
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January 16, 2013

U.S. Senator Rand Paul’s Son Charged with Underage Drinking on Airliner; US Airways Denies Involvement

by Jonathan F. Marshall

Sure, we were all young once… and who of us didn’t make at least one questionable decision in their early years? Kids are kids, for Pete’s sake; and if you’re going to make a misstep sometime in your life, childhood or thereabouts is probably the best time to do it, right? Most childhood antics can get a kid in trouble, but buying or pilfering alcohol and then drinking it as a minor, well, that tends to get mom and dad’s attention… really fast!

All kidding aside, having one’s minor child arrested for underage drinking, or worse, underage DWI is a serious issue that needs immediate attention, preferably with the assistance of an experienced and knowledgeable drunk driving defense attorney with proficiency in the area of handling underage drinking and alcohol possession cases. As a former municipal prosecutor, I have had the opportunity to work both sides of the aisle when it comes to DWI and drug DUI trial law.

Understanding that a teenager or minor child who is charged with underage drinking, and especially DWI, is nothing to fool around with is the first step to dealing with the incident. We all know that kids get into trouble from time to time; but parents who want the best for their children know intrinsically that a youngster who is caught with alcohol or who has been arrested for operating a motor vehicle while under the influence is complicating his adult life usually with little or no knowledge of the future consequences.
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January 13, 2013

Choosing a New Jersey DWI-DUI Attorney is Critical When Your Future is On the Line

by Jonathan F. Marshall

Finding an attorney one can trust to fight a charge of drunken driving can be more than somewhat of a concern, especially since most motorists are not predisposed to retaining a DWI-DUI defense lawyer “just in case.” This isn’t to say that any choice should be made in haste when, one day, a person finds themselves holding a summons for driving while intoxicated. While time is of the essence once a DWI charge has been levied, the choice of attorney can have a major impact on the course and possible results of one’s drunk driving case.

As experienced New Jersey DWI and drug DUI defense lawyers, we know that there are a wide variety of legal advocates available these days to assist motorists with any number of traffic violations, from speeding and other lesser infractions to driving under the influence of alcohol or prescription drugs and breath test refusal charges (not to mention instances where individuals have been accused of impairment due to marijuana use, or possession of weed in a motor vehicle). Any one of these may require an experienced professional, but a drunken driving charge, with all of its potentially serious implications, is not something on which one should gamble his or her future.

As skilled trial lawyers, I and my colleagues are well aware that it is next to impossible for most individuals who have been accused of DWI to become experts in the field of drunk driving law virtually overnight. However, it is still important that anyone charged with a violation as significant as a DUI to study up on who they will choose to represent them in a court of law. We know there are a lot of choices out there, but we also know our track record when it comes to representing drivers accused of operating a motor vehicle while under the influence of drugs or alcohol.
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January 9, 2013

Jersey Drunk Driving Update: State Patrol Officer Fired After Allegedly Faking Dozens of DWI Cases

by Jonathan F. Marshall

No one is perfect, though we all hope that certain professionals are as close to representing a particular ideal as is humanly possible. That said, we would never suggest that the actions of any one individual would necessarily represent the thoughts, actions or mindset of an entire group of people or a particular organization. However, it is instructive from time to time to understand that certain behaviors do exist, even in those within organizations dedicated to maintaining the public good or the personal safety of American citizens.

As New Jersey DWI-DUI defense lawyers, my firm constantly works in the interests of its clients, many of whom have been accused of committing any number of traffic-related violations, not the least of which is driving while intoxicated. The mere suggestion that a law enforcement officer may have been predisposed to arresting a motorist for driving under the influence even before stopping that driver and interviewing him face-to-face would make most police officials cry foul. But, as human beings are not always perfect, one can only reason that in the history of traffic-related arrests, a certain percentage of cases, however small, may have been motivated more by a hunch than by any specific fact.

We bring this up if only because of a recent news item that may get some people thinking about the supposed motivations of some individuals in law enforcement. Again, we are not suggesting that any one officer in any particular police department is following the same course as the subject of this latest news story, but only that the possibility exists. As experienced trial lawyers and drunk driving defense attorneys, our only suggestion to those accused of DWI or drug DUI, make a point to consult with a qualified legal professional experienced in New Jersey drunk driving law BEFORE you walk into a courtroom to plead your DWI case.
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January 6, 2013

Blogger Posts National “Map” of Fatal Drinking and Driving Accidents

by Jonathan F. Marshall

With New Year’s pretty much in our collective rearview mirror it may not be totally inappropriate to look at the impact that drinking and driving has on our society, not only in terms of injuries and deaths from driving under the influence of alcohol or prescription drugs, but also from the standpoint of arrests and summonses issued to motorists for DWI, drug DUI, breath test refusal and other drunk driving-related offenses. To say the least, as New Jersey drunk driving defense lawyers, my office is dedicated to assisting those individuals who believe that they have been falsely accused of operating a motor vehicle while under impaired.

Here in the Garden State, more than one motorist has been stopped by a state police trooper, municipal patrolman, county sheriff’s deputy or other law enforcement officer after having been observed executing an improper traffic maneuver or other motor vehicle offense. Such stops most often result in some kind of traffic citation, though some also turn into full-blown drunken driving arrests.

By law, an officer cannot stop a car, truck or motorcycle solely on the suspicion that the driver is impaired by beer, wine, hard liquor, prescription medication or some kind of illicit drug, such as marijuana, cocaine or methamphetamine. But following a routine traffic stop, the door swings wide open for any potential drunken driving investigation by the officer in charge.
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January 4, 2013

Princeton Twp. Committeeman Receives License Suspension after DWI Accident in Mercer County, NJ

by Jonathan F. Marshall

As attorneys dedicated to representing individuals accused of operating a motor vehicle under the influence, I and my staff of experienced DWI defense lawyers have known more than a few drivers who have avoided a conviction for drunken driving here in the Garden State. While most arrests for DWI or drug DUI — including those for impaired driving due to prescription drugs and illicit substances like cocaine and cannabis — result in a conviction leading to heavy penalties, there are other instances where the prosecution does not have sufficient evidence to obtain a guilty verdict.

And, while we know that not every DWI or DUI summons is warranted or deserved, we also are concerned when civil servants occasionally break the very laws that they are sworn to uphold. Whether it is avoiding a drunk driving charge altogether or side-stepping stiff fines and other penalties for driving while intoxicated, the average person hardly has the option of avoiding a DWI hearing and many times feels he must navigate our legal system in the absence of legal representation. (We will say right here that it is in most everyone’s best interest to, at the very least, consult with a qualified DWI attorney following an arrest for being drunk behind the wheel.)

From time to time, we see justice being served on local politicians and government officials who have been found guilty of breaking the laws of New Jersey and local communities. Just as the average citizen must face their accusers, local officials, patrolmen and other officers of the court should stand trial for their misdeeds, take responsibility for their actions and accept any consequences should they be found guilty.
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January 2, 2013

Could Cash Incentives for Reporting Garden State DWIs Help NJ Police with Drunken Driving Enforcement?

by Jonathan F. Marshall

Most New Jersey drivers already know that state and federal law enforcement and traffic safety groups spends a great deal on anti-drunken driving education and enforcement, especially around the holidays. We can see it constantly; the increased DWI-DUI patrols on our highways and surface streets, more frequent drunk driving roadblocks and sobriety checkpoints…never mind the numerous radio and TV public service announcements aimed at making potential drunken drivers aware of the risks of operating a motor vehicle while intoxicated by beer, wine or hard liquor. The word is out: New Jersey is hardly tolerant when it comes to DWI, or even drug DUI (prescription or illegal substances like marijuana).

Whether one is arrested for driving under the influence here in Monmouth County, Passaic, Ocean or Sussex County, the results of a drunk driving conviction can be expensive, inconvenient and even embarrassing. But what if every citizen was encouraged (monetarily) to report fellow drivers that they suspected of driving drunk, or likewise impaired by some kind of prescription medication? It’s happened already, according to news reports, down in the Sunshine State.

Based on a recent article, reporting an allegedly impaired motorist down in Palm Beach County, FL, will apparently yield the caller $100. The program known as “Mobiles Eyes,” which has been in effect for the past decade, was created to get the driving public involved in looking out and reporting potentially drunk drivers. In return, according to news articles, the caller receives payment if that particular motorist is arrested for driving while intoxicated.
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December 27, 2012

NJ DWI Defense Update: Chronic Drunken Driving Can Lead to Drunk Driving Arrests

by Jonathan F. Marshall

There’s little defense for poor decisions made in haste. Whether that applies to being pulled over for a minor traffic infraction, leading to a DWI or drug DUI summons; or if its making the wrong choices heading into a court hearing on a charge of driving while intoxicated, a poor decision in either instance can lead to license suspension, steep fines and penalties and even the loss of one’s job or standing in the community.

Regardless of the circumstances, never assume that a qualified DWI defense attorney is not worth talking to, at the very least to more completely understand your rights as well as the possible outcomes of a DWI or DUI case. As a defendant, knowledge is power. An experienced drunken driving lawyer has the skills and knowledge it takes to negotiate legally in a courtroom setting.

The loss of one’s driving privileges is nothing to ignore, especially if you absolutely need a car to get to work or school. The loss of mobility can not only be a burden on family and friends, who may be asked to help get a convicted drunk driver here and there, but it can affect one’s ability to find a job or even to hold on to one. Before walking into a courtroom unprepared for the consequences, consider a consultation with a qualified legal professional well versed in drunk driving law.
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December 23, 2012

New Jersey DWI Police Blotter: Multiple Drunk Driving-related Arrests in Ocean, Hunterdon, Morris Counties

by Jonathan F. Marshall

Make no mistake, at this time of year there are many New Jersey motorists who get picked up for drunken driving day after day as the holiday season progresses through to the New Year. It matters little if someone is an upstanding person in his or her neighborhood or well-respected individual in the local business community, being arrested for DWI or drug DUI can and does happen; the results of which can be costly and embarrassing.

It’s no laughing matter when a driver is pulled over after having a few drinks. While the initial traffic stop must be for a moving violation, exhibiting any outward signs of possible intoxication will likely pique an officer’s interest to the point that a field sobriety test will be requested. I f failed, the patrolman may decide to arrest the driver and take him or her in to have a breathalyzer test performed (via Alcotest or other such device), which could possibly lead to a charge of drinking and driving.

We see this kind of scenario play out week after week all across the Garden State. Consider the following bits and pieces culled from local news sources:

Ocean County DUI Arrest
A simple wrong turn resulted in a couple charges of operating a motor vehicle while under the influence of a controlled dangerous substance (CDS), as well as drug DUI and possession of drug paraphernalia. According to the news report, Stafford Township police officers responded to an anonymous report after the unnamed caller reportedly saw a passenger car being driven in a reckless fashion along a stretch of Rte 9.
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