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December 18, 2012

New Jersey Receiving Millions in Anti-Drunk Driving Grants for DWI Enforcement across the Garden State

For anyone who wonders if the nation’s financial woes have impact enforcement of drunken driving laws here in the Garden State, the short answer is likely, No, at least in the near term. As New Jersey DWI defense attorneys, I and my legal staff talk to dozens of individuals every month who have been accused of driving while intoxicated. Although many of these people believe they are not guilty, some may be convicted of DWI or drug DUI and others may not. Whatever the circumstances surrounding a drunken driving arrest, it’s always a good idea to get some perspective from a qualified defense attorney.

Getting back to the issue of DWI-DUI enforcement, such as roadside sobriety checkpoints and roadblocks, as well as enhanced drunk driving patrols, recent news articles show that the funding of state and municipal police agencies continues apace regardless of talk swirling around Washington, D.C, to limit costly appropriations and government-funded programs.

Regardless of whether one is arrested in the city streets of Trenton, Toms River or Princeton, odds are that some motorists will be picked up by a police officer whose overtime is paid for by federal money received by New Jersey law enforcement agencies. The question that many people may be asking themselves is whether these expenditures are worth even a significant increase in drunken driving arrests and DWI or drug DUI summonses.
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December 10, 2012

The Joyous Holiday Season Can See More DWI Patrols, Frequent Drunk Driving Arrests for NJ Residents

by Jonathan F. Marshall

Throw another Yule log on the fire and pour a bit more holiday cheer, but be very careful not to celebrate and drive all in the same timeframe. Here in the Garden State, like many areas around the country at this time of the year, the period from Thanksgiving through New Years’ Eve can see increases in police anti-drunken driving patrols, as well as roadside sobriety checkpoints
We all know the dangers of drunk driving, driving while intoxicated and operating a motor vehicle while impaired by doctor-prescribed medications, so let’s just say that staying sober on the road this holiday season is the best defense against a DWI arrest or a drug DUI summons. As New Jersey drunken driving defense attorneys, it’s our experience that helps people accused of driving under the influence of beer, wine, hard liquor and even illegal substances, such as cocaine and marijuana. New Jersey drivers themselves can do themselves a big favor by finding a sober ride home if they’ve had too much to drink at a family get-together, holiday open house or seasonal office party.

As many people already know, state police and municipal law enforcement departments are constantly on the alert for drivers who break the law by drinking and driving. And while a DWI arrest rarely begins with an officer assuming a driver is drunk behind the wheel of his or her automobile, the results of many holiday traffic violations can end up with a motorist being arrested and charged with DWI or DUI, not to mention other moving violations. We won’t even mention those arrests that come after a roadway collision that may or may not have been the result of driving drunk.
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December 4, 2012

New Jersey Woman Accused of DWI, Endangering 5-Year-Old While Driving Drunk Out-of-State

by Jonathan F. Marshall

There are a myriad of things one shouldn’t do when driving, but operating a motor vehicle while impaired by prescription drugs, beer, wine or hard liquor is definitely at the top of that list. As New Jersey drunken driving defense attorneys, the DWI lawyers at my firm know all too well that drivers who drink alcohol, or even take doctor-prescribed medication, run a serious risk when getting behind the wheel while intoxicated. Aside from the extreme physical dangers, the odds of being arrested for DWI or drug DUI increase with the frequency of driving under the influence.

Of course, the law prohibits a highway patrolman or municipal police officer from stopping a motorist solely on a hunch that the subject is drunk behind the wheel of his or her automobile. Here in the Garden State, a state police officer or city cop must witness a moving violation in order to pull a driver over. What this means is that although a motorist may be intoxicated while driving, until that driver makes an illegal turn, runs a stop sign, exceeds the posted speed limit, or breaks any one of the dozens of other moving violations, a policeman cannot simply stop a car because he thinks that the driver is drunk.

But no one should in any way construe that operating a car, truck or other vehicle while impaired is okay so long as one isn’t caught. As we alluded to previously, there are serious and irreversible consequences to drunk driving, not the least of which is the very great risk of getting into a bad accident. In fact, this is one of the reasons why New Jersey drunken driving laws include harsh penalties for those convicted of DWI and drug DUI.
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November 28, 2012

North Plainfield, NJ, Driver Survives DWI Car Accident on Interstate, Arrested for Reckless Driving

by Jonathan F. Marshall

While many people who are involved in automobile accidents may receive a modicum of sympathy from friend and relatives, if they caused the traffic accident, the police may not be as sympathetic. If other injuries were inflicted on the vehicle’s other passengers or people in other cars involved in the wreck, it’s reasonable to assume that any sympathetic capital will have been used up well in advance of a court hearing, depending on the circumstances.

As New Jersey drunken driving defense attorneys, I and my experienced staff of DWI lawyers know that mixing an injury accident with a charge of driving while intoxicated (or, for that matter, drug DUI) can complicate a drunk driving defense. Here in the Garden State, law enforcement and our court system are very aware of the consequences that drinking and driving can have on traffic safety. Flouting the law and actively operating a motor vehicle while under the influence of beer, wine or hard liquor can only serve to make a defense case more difficult.

Keeping in mind, of course, that any charge of DWI or DUI lodged against a motorist who may have been the cause of an injury-related DWI roadway collision should be followed by at least one consultation with a qualified legal expert, if only to understand one’s options going forward. We have heard too many stories of individuals who believed that they were in the right and therefore handling their own defense was hardly a concern. As a former municipal prosecutor, I understand the many and varied strategies followed by prosecuting attorneys around the state, which can help contribute to a good defense.
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November 23, 2012

Union and Ocean County Police Blotters: Drunk Driving Arrests for Many New Jersey Motorists

by Jonathan F. Marshall

It’s happened to more than one New Jersey driver in the past week: cruising down the road after a luncheon with business associates, coming home from a good friend’s bachelor party, or even going to the supermarket to pick up some groceries. These all sound normal enough, and they are, but for one added element: being stopped by a police officer for some minor traffic infraction. Whether it was a turn without signaling, a rolling stop in a quiet neighborhood or maybe just a burned-out taillamp, either way, one could be looking at a pricey ticket for one or more traffic violations, unless….

Unless the driver in question appears to the patrolman to exhibit some of the “typical” signs of being drunk behind the wheel. If a driver has had a drink or two previous to the traffic stop, then that individual could have trouble down the road, since many police officers are extremely suspicious of driver who exhibit signs of being intoxicated. As New Jersey DWI defense lawyers, I and my legal staff are committed to representing individuals who have been accused of driving under the influence of alcohol, prescription drugs and even controlled dangerous substances (CDSs), also known as drug DUI.

We’ll say right now that if you or anyone you know ever thinks you may have had too much to drink, save yourself the trouble of possibly being stopped on the road by a New Jersey state patrol officer or a municipal officer and risk being charged with DWI or DUI.

Recently, we saw a number of DWI and related arrested mentioned in several so-called police blotter columns in the news. These incidents, which occurred in Ocean and Union counties, provided a smattering of the typical kinds of drunken driving arrests that happen on a daily basis all across the state. As drunken driving attorneys, we know how easily a motorist can be tagged by a police officer for what may seem like a minor infraction only to be slapped with a drunk driving charge, maybe even more. Consider the following as object lessons in what not to do, and what to expect should you decide to take a chance with the law.
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November 21, 2012

Somerset County, NJ, DWI News: Out-of-State Driver Charged Following Drunk Driving Injury Accident

by Jonathan F. Marshall

On too many occasions, individuals accused of drunken driving walk into a courtroom with no representation and very little preparation, apparently ready to accept the court’s judgment on something that could haunt them for years to come. Here in the Garden State, it is always a good idea to seek counsel from an experienced legal professional regarding a DWI or drug DUI summons. If winning one’s case was not enough impetus for some, perhaps avoiding hundreds and likely thousands of dollars in fines, fees, assessment and other costs related to a drunk driving conviction should help influence many people’s decision.

At the very least, even if someone is not disposed to retaining the services of a qualified attorney, there is much one can learn from an initial consultation, which in the end may point an individual in the right direction. We know this from our professional experience as New Jersey DWI-DUI defense lawyers. As a former municipal prosecutor myself, I understand the strategies used by prosecuting attorneys that are tailored to attain a guilty plea or gain a guilty judgment against a defendant in a DWI case.

Although receiving a summons for drunk driving following a routine traffic stop should never be taken lightly by drivers in the Garden State, there are worse alcohol-related scenarios that can result in much worse outcomes for one accused of DWI. More to the point, being concerned about an arrest that takes place at a typical sobriety checkpoint is natural; however, consider how much more serious one’s position should an arrest follow the aftermath of an injury-related traffic accident that may have been alcohol-related.
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November 18, 2012

Drunk on New Jersey Roads with Children Onboard Could Lead to Severe Consequences

by Jonathan F. Marshall

There is little that can worry a driver more than being stopped by a city or township police officer or state police trooper after having had a couple drinks prior. The fear of getting a ticket for operating a motor vehicle while intoxicated by liquor, beer or wine, and even prescription medication can be overwhelming to some. Having to stand up in front of a municipal or county judge to answer for a DWI charge can be humiliating, to say the least. Never mind the financial and social cost.

And this is when nothing else bad has occurred to cause the traffic stop. As New Jersey drunken driving defense attorneys, I and my staff of qualified DWI lawyers know that being arrested for drunk driving or receiving a DUI summons is no picnic especially if the arrest coincided with a traffic accident, injury to another driver or passenger, or worst of all, an untimely death. The fact is, neither the police nor New Jersey’s court system is even mildly sympathetic to individuals who drive while intoxicated by alcohol or impaired by doctor-prescribed medication.

With hundreds of drunk driving cases passing through New Jersey courts every month, it’s no surprise that many of those will have involved a collision or some other more serious offense. Because of the seriousness of some drunken driving incidents, many states have laws on the books that penalize drivers for committing DWI-related offenses under a variety of circumstances, not the least of which is driving drunk with a minor riding inside the car with that person.
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November 13, 2012

New Jersey Drunk Driving News: Motorist Arrested for DWI after High-Speed Crash in Passaic County

by Jonathan F. Marshall

It’s one thing to be hit with a DWI summons when one may not realize he or she was drunk at the time of the arrest, but to actively break the law while potentially impaired by alcohol or prescription drugs (drug DUI) is like waving a red flag in front of a bull. Most New Jersey police are already primed to pull over drivers who exhibit telltale signs of impairment. And while the law states that a patrolman cannot legally stop a vehicle simply on the hunch or intuition that the driver is intoxicated, officers have an eye for even the most minor of traffic infractions.

Once a police officer observes a chargeable traffic offense being committed by a motorist, the odds of being pulled over jump significantly. As soon as the officer is at the driver’s side of the vehicle on the roadside, all bets are off, as any signs of impairment can cause the patrolman to investigate further. Being asked to exit one’s vehicle and perform various standardized field sobriety tests can lead to an arrest if the officer in charge believes the driver to drunk. All that remains is a trip to police headquarters and a breathalyzer test to determine blood-alcohol content (BAC).

As New Jersey DWI defense attorneys, I and my colleagues have decades of experience in the area of DWI and DUI law. Before stepping foot in a courtroom, or talking with anyone from the local prosecutors office, one should seriously consider talking with a qualified drunken driving defense lawyer. It may sound so basic, but many people feel that they can explain themselves to the judge. While there may be some advantage to representing oneself in court, it’s a DWI attorney’s job to understand the law, know the local procedures for DWI cases and protect the defendant’s rights.
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November 10, 2012

Motorist Arrested for DWI in Bergen County, NJ, after Car Stalls on Railroad Track

by Jonathan F. Marshall

As New Jersey drunken driving attorneys we work to assist drivers who have been accused of DWI and drug DUI in Monmouth, Ocean, Passaic and other counties throughout the Garden State. Yet, even though we will fight for an individual’s right to defend themselves against a charge of drunk driving, we would also be the first to argue that deliberately getting behind the wheel when one knows he or she has had too much to drink is the best course of action.

There are so many potential scenarios surrounding possible DWI and DUI arrests that no one situation is ever quite the same as another. That said, it is important to note that being impaired by alcohol can reduce one’s ability to operate a vehicle properly, maintain a lane, or even remember to signal when executing a turn. The fact is, New Jersey state police and local municipal officers have a keen eye for motorists who may be exhibiting “typical” signs of impaired driving. Regardless of one’s level of intoxication, being stopped by a patrolman for a routine traffic infraction could lead to a DWI summons, a drunken driving arrest, or both.

It is also important to point out that while I and my staff of experienced DWI defense lawyers are trained in the law, we also know how easily it is to be injured or killed as a result of driving while impaired by alcohol or prescription drugs. While nobody welcomes a drunken driving arrest, the events leading up to that event could result in a driver being taken off the road who might otherwise have hurt themselves. In this respect, one can appreciate the action without accepting the consequences. Still, a defendant has the right to be heard, which is the least we can expect under the law.
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November 4, 2012

Red Bank DWI News: NJ Supreme Court Rules Kyleigh’s Law to Stand for Teen Drivers

by Jonathan F. Marshall

It’s a question that has apparently been answered, at least for the time being; the New Jersey Supreme Court overwhelmingly ruled to maintain Kyleigh’s Law (otherwise known as S2314), which requires drivers under 21 years of age with a permit or probationary license to display red detachable decals on their vehicle’s front and rear license plates. The law, which went into effect back in May 2010, is intended to help police better know the age of a particular driver in order to enforce driving laws that prohibit certain novice drivers from operating a vehicle either late in the evening or with other occupants in the car.

As New Jersey drunk driving attorneys, we understand the need for safety on our streets, put we also understand how writing additional driving restrictions into our state law can raise questions of whether every piece of legal regulation actually makes our roadways safer. In this case, S2314 was criticized by many people as being counter-productive, if only because the required stickers could allow sexual predators to single-out youngsters on the road.

While news articles at the time of the Court’s opinion indicated that only one instance of a teenager being targeted by a sexual predator had actually occurred, the Insurance Institute for Highway Safety (IIHS) did its own study and found that, in general, the law was not that popular and had not increased compliance by young motorists with the Garden State’s laws affecting driving permit holders and those with provisional (now probationary) licenses.
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