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July 1, 2012

Warm Weather Means Summer Celebrations on the Water, But Watch Out for BUI Patrols

Something that many people don’t consider a serious issue is drinking aboard smaller watercraft. While the wide open stretches of New Jersey’s coastal areas and even those inland waterways may not seem to have the same “dangers” as Garden State roadways, there are similarities. And while small craft captains up and down the Jersey Shore know that boating season is here to stay for the next few months, it’s wise to remember also that New Jersey’s law enforcement agencies and the United States Coast Guard (USCG) are watching for potential drunken boating.

Before one casts off and powers out into the surf, take time to be sure that all your safety equipment is in order and that your passengers are aware of emergency procedures. Meanwhile, scan the horizon because you are likely to find a sheriff patrol boat not far away. It’s sometimes difficult as a captain of a small vessel not to take part in the onboard revelry, but this is a potentially dangerous move, especially if alcohol is being served.

No matter where you may be cruising, from Cape May to Atlantic City or Sandy Hook, New Jersey State Police are constantly on the lookout for intoxicated boat operators. And, while boating offers a much more rewarding experience above and beyond that of driving the interstate, captains can be cited for DWI just the same as their land-based, four-wheel kin. Make no mistake, being arrested for boating under the influence (BUI, for short) can be just as costly an experience as drunken driving is on land.
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June 29, 2012

Monmouth County DWI Arrests, Underage Alcohol Possession Summonses and CDS Charges

by Jonathan F. Marshall

As drunken driving defense attorneys, we’re not surprised at the number of DWI and drug DUI arrests that occur every week across the Garden State. In fact, as the state with arguably the highest population density in the nation, it would be difficult to imagine few if any traffic stops that resulted in a summons for driving while intoxicated.

As New Jersey DWI defense lawyers, I and my team of qualified drunk driving attorneys know the state’s DWI/DUI laws, as well as the potential for monetary penalties and even social stigma following a drunk driving conviction. As an example of the kinds of arrests that we tend to see week in and week out, the following collection of police reports is just a taste of the range of arrests for driving under the influence of alcohol, prescription drugs and even illegal substances, such as marijuana and cocaine.

Car Crash in Little Silver Nets Driver a DWI
According to an item in the news, the driver of a sport utility vehicle hit a Monmouth County light pole late on a Friday afternoon. Police reports indicate that the 41-year-old driver was heading northbound on Branch Ave. when his vehicle veered across the centerline, hitting the utility pole on the southbound side of the roadway.
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June 28, 2012

Wall NJ DWI Arrest Could Get Complicated

by Jonathan F. Marshall

The New Jersey Starledger reported on a serious automobile accident on Route 138 in Wall Township, New Jersey, and the fact that the driver was charged with DWI. This municipality happens to be at the top of the ranks for DWI arrests in Monmouth County every year. This particular arrest was more complicated than the norm as it involved not only a summons for driving while intoxicated but also a felony criminal complaint for assault by auto.

In New Jersey, anyone found guilty of DWI is subject to a mandatory license suspension. The suspension period can sometimes be enhanced if personal injuries are sustained as a result of a DWI related accident. Additional penalties, including possible jail time and increased suspension, are often imposed when someone is found guilty of assault by auto.
The severity of these penalties depends on the grade of assault by auto an individual is convicted of.

June 27, 2012

Linden, NJ, Driver Arrested for DWI in Hunterdon County after Colliding with Other Vehicles

by Jonathan F. Marshall

As New Jersey DWI lawyers, I and my colleagues are well aware of the circumstances that can surround a DWI-related traffic stop. While most people are, so to speak, content with taking their medicine and receiving a summons for drunken driving, others may not feel they deserve it. Those individuals will likely seek out the services of a qualified drunken driving attorney to better understand their options and perhaps to fight the charges in front of a judge.

On the other hand, there are other drivers who fear the potential repercussions so much that they decide to either avoid being stopped or flee the scene, if an accident has occurred while they were behind the wheel. The point we wish to make here is that it is never advisable to run from the law. It is the rare individual who escapes the long arm of the law for long, and when caught the consequences can be many times worse than if that driver had simply accepted the situation and hired a lawyer to assist in his or her defense.

Sometimes a driver’s actions can seem completely indefensible, but that is a conclusion best left for a qualified lawyer to decide in the comfort of a conference room with his or her client. Still, some individuals will make things hard for themselves, and for that we can only advise taking a step back and viewing the situation with a pragmatic eye. Take, for instance, the news story of driver who allegedly caused multiple instances of property damage to other vehicles while reportedly operating his car under the influence of alcohol.
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June 26, 2012

Holmdel New Jersey DWI Lawyers

by Jonathan F. Marshall

Were you arrested in Holmdel based on allegations of driving while intoxicated (DWI)? If you find yourself faced with such a situation, you should know that our firm, the Law Offices of Jonathan F. Marshall, has significant experience in drunk driving defense in the Municipal Court of Holmdel NJ. In fact, a senior member of our staff, Thomas Campo, is the former prosecutor of Holmdel. He knows the ins and outs of DWI and is extremely familiar with the personnel and practices of the court. The rest of our staff is also formidable with multiple lawyers who are dual certified on the Alcotest Breath Test Machine and in Standardized Field Sobriety Testing (i.e. there are only approximately 15 dual certified attorneys in the state and 5 are at our firm). We also happen to be one of only two offices in the NJ with its own Alcotest.

The Judge in Holmdel is the Honorable Mary Casey, J.M.C. While Judge Casey is very fair, there are certain mandatory penalties that the court must impose if you are convicted of DWI. For a first offense, your license must be suspended for at least 3 months and can be up to 12 months if your blood alcohol content was .10% or higher. A second offense carries a mandatory two (2) year license suspension. A third triggers a ten (10) year loss of your motor vehicle license. The financial consequences of a conviction are likewise significant. In fact, the court has no authority to even suspend the mandatory surcharge of $1,000 to $1,500 per year for three (3) years that applies to First, Second and Third offenses. There are other mandatory fines, assessments, and monetary consequences, including increased insurance costs. The installation of an ignition interlock is mandated for readings in excess of .15% and for conviction on a second offense or third offense.

Individuals often believe that once a DWI ticket is written, the case against them is over. This is clearly a major misconception. The defense attorneys at our firm have considerable success in having breath test readings knocked out of cases and also in winning cases on field sobriety issues. The key to success in this regard is experience, knowledge, and commitment to success in our view. If you are serious about defending your Holmdel DWI, give us a call.

June 25, 2012

New Milford, NJ, Man Injures Sister in Bergen County Drunk Driving Crash

by Jonathan F. Marshall

Even if a victim doesn’t press charges or initiate a personal injury lawsuit against another person who may or may not be negligent in causing a car accident, local police and municipal courts are not likely to feel much sympathy for any motorist who causes an injury accident while allegedly driving drunk in the Garden State. As New Jersey DWI defense lawyers, I and my legal staff know how strict the law can be when prosecutors build a case against an alleged drunk driver.

New Jersey law doesn’t allow much wiggle room for individuals who are found guilty of DWI or drug DUI, not to mention breath test refusal and other DWI- and DUI-related offenses. Monetary penalties aside, one should always be concerned about the future of his or her driver’s license, as well as employment or chances for advancement. The potential social stigma of a DWI conviction can also put the brakes on a marital relationship, not to mention one’s standing in the community. All in all, being convicted for a drunken driving collision that also resulted in injuries or, worse, fatalities, can spell the end to a normal life.

We were reminded of this type of scenario not long ago when we ran across a news article detailing the events leading up to a car accident in Teaneck, NJ. According to news reports, the sister of an alleged drunken driver was seriously injured in a car crash earlier this past spring. Police indicated that up to the car crash that injured one of his relatives, the 27-year-old New Milford resident had apparently lost his license through suspension on almost two dozen separate occasions.
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June 20, 2012

Monmouth County Traffic Accidents Nets Two Drivers DWI Charges in Rumson, NJ

by Jonathan F. Marshall

Being caught driving drunk on a Garden State roadway is embarrassing enough without being involved in a fender-bender while intoxicated. We said more than a few times in this forum that compounding a DWI arrest with a traffic accident, not to mention an injury-related crash, only complicates one’s drunken driving defense. Naturally, if a driver has any desires to avoid the stiff penalties that come with a DWI or drug DUI conviction, it is a wise choice to consult with a qualified drunk driving defense attorney in advance of one’s appearance in court.

Having represented our share of motorists accused of driving under the influence of alcohol, prescription medications and even controlled substances such as cocaine and marijuana, I and my colleagues understand the law in this area very well. As a New Jersey DWI defense lawyer and former municipal prosecutor myself, I and my legal staff understand the strategies and tactics of state, county and local prosecutors when it comes to pursuing and securing a drink driving conviction.

As mentioned previously, adding a traffic accident to the list of charges related to a DWI arrest cannot help but complicate a driver’s defense. Property damage and bodily injury, whether the defendant’s or another party will not endear one to the court; law enforcement will have already weighed in on the issue with their list of violations, as well.
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June 18, 2012

Essex County Police Arrests Include Several DWIs and Possession of CDS in a Motor Vehicle

by Jonathan F. Marshall

Sometimes it seems that getting arrested for drunken driving or drug DUI in the Garden State is about as easy as going to the supermarket. While a percentage of the individuals that contact our office feel they deserved being arrested for driving while intoxicated by alcohol or impaired by prescription medication, many others believe they were unjustly accused or occasionally singled out.

Of course, as New Jersey DWI defense attorneys, I and my colleagues know that legally a police officer cannot stop a vehicle simply on the hunch that the driver of that car or truck may be under the influence of beer, wine or hard liquor. Similarly, assuming that a motorist is impaired by drugs, such as cocaine, pot or meth, is not enough evidence for a patrolman to pull over an automobile and check for illicit drugs, also known as controlled dangerous substances (CDS).

This is not to say that some officers act solely on a hunch, but they must have a concrete reason for stopping a driver; usually and observed violation of traffic laws, such as failure to yield, speeding, improper lane usage or lack of using one’s turn signal. Once a violation — regardless of how simple or seemingly insignificant — has been observed by a patrolman, a traffic stop can legally be initiated and further investigation of the vehicle and its occupants may be precipitated.
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June 15, 2012

Rutherford, NJ, Motorist Charged with DWI after Hit-and-Run Arrest in Bergen County

by Jonathan F. Marshall

Drink and drive in the Garden State and one risks being caught and cited for DWI and possibly other traffic violations. Get behind the wheel after several drinks and cause an accident: the fines and potential liability could cost you big. But drive while intoxicated, cause a car or pedestrian accident, and then leave the scene of the crash? Anyone who finds themselves in such a situation should think twice about running from the law, but the best advice would probably be to not even take that first drink.

Hit-and-run can be a pretty serious charge, especially when injuries or fatalities are involved. Local and state police, not to mention our court system, are not very sympathetic to motorists who cause a traffic collision while legally intoxicated. As New Jersey drunken driving defense attorneys, I and my staff of experienced DWI lawyers know the law, and we are well aware of the stiff drunk driving penalties that can be levied against a defendant following a DWI or drug DUI conviction.

Not long ago, a motorist from Rutherford, NJ, was involved in a roadway collision over in Bergen County in the wake of which a woman from Kearny was left in critical condition. According to police, the alleged perpetrator left the scene of the accident after the man’s vehicle reportedly struck 44-year-old Zoila Diaz, who was crossing E. Passaic Ave. The collision took place later on a Tuesday night in April. News reports indicate that a person happening by after the crash noticed the woman lying in the middle of the street, not far from Meadow Rd.
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June 12, 2012

East Brunswick New Jersey DWI Lawyers

by Jonathan F. Marshall

East Brunswick issued over 280 DWI complaints between 2011 and April 2012, ranking second in Middlesex County to Woodbridge Township. The high number of driving while intoxicated offenses is not only attributable to the major roadways that pass through East Brunswick NJ but also to the fact that the town maintains its own DWI Enforcement Team. The sole purpose of this team is to identifying and apprehending drunk drivers.

Penalties for a DWI or refusal convictions are extremely severe. At a bare minimum, you are facing a $1,000 surcharge per year for three years, increased insurance rates, and numerous fines and assessments. For a first offense, there is a three month to one year license suspension and up to 30 days. A second offense will result in a mandatory 2-90 day period of incarceration and a mandatory two year license suspension. Third offense penalties are even more severe: at least 180 days in jail and a mandatory ten year license suspension.

Since we are the largest DWI defense firm in the state and have an East Brunswick office, our lawyers routinely represent individuals charged with driving while intoxicated in East Brunswick. If you are facing a drunk driving charge, including DUI (i.e. driving under the influence of drugs) or refusal to submit to a breathalyzer test, our firm has the expertise and experience to defend your case. Beyond the relationships our firm has established over the years appearing in East Brunswick Municipal Court, our lawyers are among the most credentialed in the state. Five of our attorneys are not only certified on the breath test machine used in New Jersey DWI cases (there are only approximately 50 lawyers who have this credential in the state) but are also certified in Standardized Field Sobriety Testing (there are only about 15 attorneys in New Jersey with this certification). Three of the lawyers are actual instructors in field tests. All seven (7) of the defense attorneys armed with the knowledge and skill to pinpoint issues in your case and to obtain the best possible resolution. Because New Jersey does not allow plea-bargaining in DWI cases, success in defending your case hinges on identifying issues to allow for a dismissal and this is where our experience, qualifications and skill prove invaluable. Give us a call anytime to schedule an appointment in our East Brunswick office or to speak to one of our lawyers free of charge.