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June 5, 2012

Tinton Falls New Jersey DWI Attorneys

The Township of Tinton Falls, which is located in the municipality just adjacent to our main office in Red Bank, ranked fourth in DWI arrests in Monmouth County for the nine month period ending in April 2012. The Municipal Court is presided over by the Honorable Richard Thompson, a jurist that the attorneys on our staff have appeared before countless times, as he has many towns in the county and we are the largest driving while intoxicated defense firm in the area. In fact, there are attorneys on our staff that have even served as prosecuting attorneys before Judge Thompson. This should not be construed as establishing some sort of special relationship but rather that we are very familiar with the court’s practices with DWI cases in Tinton Falls and what we are likely to be confronted with.

If you are looking for qualified defense lawyers to defend a first offense, second offense or even third offense of driving while intoxicated offense in Tinton Falls, we certainly offer some of the very best in the entire state. Consider the following: 5 of the approximately 50 attorneys certified on the Breath Test machine are at our firm; 3 of the 5 lawyers certified as instructors in Standardized Field Sobriety Tests are on our staff; we actually own the only New Jersey version of the Alcotest Breath Test machine to experiment with; we possess over 100 years of collective experience defending DWI in Tinton Falls; and we are former prosecutors in over 25 area municipalities in the area. These combined qualifications are exceptional and probably cannot be substantiated by another firm in New Jersey, let alone one located in the town right next to Tinton Falls. If you are looking for experience and real credentials, then our firm, the Law Offices of Jonathan F. Marshall, is definitely an entity you should consider for handling your first offense, second offense or even third offense or subsequent offense. Indeed, you cannot plea bargain a DWI in NJ so success is only derived by effective challenging the prosecutor’s case, something that experience and skill can prove invaluable in achieving.

The fines, assessments and monetary penalties are stiff if you simply roll over on your driving while intoxicated charge. You are facing a minimum surcharge of $1,000 a year for three years, fines and assessments of between $800 and $1,500, and increased insurance rates. There is also a mandatory drivers license suspension of 3 months to one year for a first offense, 2 years for a second offense, and 10 years for a third offense (or subsequent one). Jail is discretionary on a first offense but a mandatory 2-90 days for a second offense and 180 days for a third offense. With these consequences hanging over a person’s head, not to mention the stigma that may attach from a conviction (e.g. employment issues), you need the best lawyer you can afford to handle your Tinton Falls DWI. We would like to believe we present an formidable option in this regard and invite you to contact our office to speak to an attorney free of charge. Do not hesitate to contact us anytime as lawyers from our firm are available 24/7 by telephone.

June 5, 2012

Middletown NJ DWI Defense Lawyers – Marshall Law Firm

by Jonathan F. Marshall

The busiest police department in the county for issuance of DWI offenses is Middletown Township. In fact, the Middletown Municipal Court handled over 250 driving while intoxicated summonses over the eight months ending April 4, 2012. While most of these were first offense cases, the court had its fair share of second, third and subsequent offenses. The lawyers at our firm, the Law Offices of Jonathan F. Marshall, had the opportunity to defend many cases in the Township of Middletown over this period as we are the largest DWI defense firm in Monmouth County. We were able to achieve excellent results for many of those who we represented and this is probably attributable, at least in part, to our exceptional experience and qualifications.

The attorneys at the firm are clearly the most credentialed of any in the state. I honestly would never make this statement if their was any question in this regard. While their may only be fifty or so attorneys in the state who are certified on the breath test machine, and a handful in the county, we have five (i.e. approximately 10% of all of them) of them at our firm. We also have three of the five lawyers in the state who possess their certification as instructors in field sobriety testing. I do not believe the Middletown Police Department even has a certified instructor. When we walk into court and/or conduct a trial in Middletown, we usually know far more than the typical police officer about the machine used to measure our client’s blood alcohol and also the tests used as the basis for the subject arrest and/or proving a DUI once the breath readings are eliminated. We are also the only law firm in the state with New Jersey’s version of the Alcotest 7110 – the breath test machine. This allows for obvious benefits when we are preparing a case or testing our arguments. When you combine this training and qualifications with the fact that we have been defending DWI in the county for a combined period that exceeds 100 years, including serving as prosecutors throughout the area, you have a prescription for results.

Give us a call if you have been charged with a DWI offense in Middletown NJ. An attorney will be more than happy to review your case and discuss how we would go about defending your first, second, third or subsequent driving while intoxicated violation.

June 2, 2012

Reviewing the Reasons and Procedures for DWI-related Field Sobriety Testing

by Jonathan F. Marshall

Understanding the processes and steps that take place during a drunk driving traffic stop can sometimes serve to prepare certain people who may find themselves in similar situations in the future. When it comes to a DWI arrest, not to mention a possible future conviction, understanding the order of things can help in putting the entire drunken driving arrest, prosecution and conviction process in perspective.

Of course, no one ever wants to be stopped and arrested by a municipal police officer or state trooper for driving under the influence of alcohol, but the possibility does indeed exist. And, as no reasonable person would welcome the scenario where he or she is slapped with extensive monetary penalties following a drunk driving conviction, one would have to believe that avoiding such an incident would be all the more preferable to being convicted of DWI and having that mark on one’s record for years to come.

Still, there always exists the chance for a drunk driving arrest, especially if one has had a drink or two before getting behind the wheel of a motor vehicle. This possibility is real and exists for any driver who may have even a little bit of alcohol prior to being stopped for some other traffic offense, such as running a red light or making an illegal turn. DWI arrests can precipitate from some of the most innocuous traffic offenses.
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May 25, 2012

Is 0.08 Percent BAC THE “Magic Number”? Some New Jersey Motorists Have Been Arrested for Less

by Jonathan F. Marshall

We’ve echoed this bit of information numerous times in this venue, but we’ll say it again; it makes little difference whether a driver is arrested or charged with driving under the influence of alcohol in Bergen, Passaic, Hudson or Ocean County, consequences of a DWI or drug DUI conviction are the same anywhere in New Jersey. In fact, here in the Garden State, an arrest (much less a conviction) for drunk driving can have a seriously negative impact on come individual’s personal and professional relationships.

Having said this, it is certainly important to remind everyone that being arrested and charged with DWI or drug DUI is different from being convicted of same. As New Jersey drunken driving defense lawyers, I and my staff of experienced DWI attorneys make it our job to represent those people who have been accused of driving while intoxicated or impaired by prescription medication and even illicit drugs like cocaine and marijuana.

DWI Monetary penalties aside, few people if any welcome a DWI or drug DUI conviction on their record. Given the choice, most people will fight a drunken driving charge; however, there are those who feel it is hardly a difficult task to defend themselves in court. But it is important to add that those who do choose to go it alone take a chance without proper representation.
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May 22, 2012

Prom, Graduation and Summer Vacation: Parents Beware the Season of Underage Drinking in New Jersey

by Jonathan F. Marshall

Now that summer is practically here, youngsters all over the Garden State — from junior high to high school will surely be hitting the malls, the seaside and local gathering spots to celebrate yet another school year ended. This is all well and good, but parents of some teens know all too well that new-found freedom for some is an invitation to misbehave for others.

Mothers and fathers across New Jersey, and elsewhere around the nation, understand how the start of summer can offer up new opportunities for some teens and underage drivers to experiment with alcohol, not to mention marijuana and other narcotic substances.

While some say that teen drinking is part and parcel of the coming-of-age experience, the state of New Jersey has strict rules on its law books that prohibit underage drinking, not to mention simply the possession of alcohol by a minor. As a New Jersey DWI lawyer, I and my legal staff (including a team of highly experienced drunken driving defense attorneys) know all too well that kids, like adults, can find themselves in certain situations that lead inevitably to an arrest for driving under the influence of alcohol or prescription medications (drug DUI).
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May 16, 2012

Teen Drinking and Driving: A Dangerous Activity to Start, but with Legal Implications Later in Life

by Jonathan F. Marshall

Some might say that teen drinking is an inevitable part of growing up; a literal rite of passage. However, the State of New Jersey has other thoughts regarding underage drinking, not to mention underage DWI. If parents have a difficult time trying to get their children to follow the law in this regard, perhaps it might be a good idea to explain that underage alcohol drinking or even simple possession of beer, wine or hard liquor can have an effect on a young person’s future driving privileges.

As we said, there are rules on New Jersey’s law books that prohibit underage drinking as well as possession of alcohol by any minor. As New Jersey drunken driving defense attorneys, I and my colleagues understand how teens and pre-teen, just like adults, can make mistakes with alcohol that can land them in front of a judge. Whether it’s DWI or drug DUI, depending on the particular situation, it is usually advisable to contact a qualified DWI attorney to better understand one’s options.

An underage DWI arrest can lead to a potentially damaging underage drinking (DWI) conviction, which could haunt an individual onward into adulthood. Any young person on the verge of adulthood would be well advised to head his or her parents’ advice to wait to take that first drink. And since New Jersey’s state legislature has already written statutes that preclude a minor from engaging in underage drinking, why even take that chance?
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May 14, 2012

Could a Few Drinks After Work Lead to a Strip Search in the County Jail?

by Jonathan F. Marshall

As if otherwise law-abiding citizens didn’t already have enough to worry about if they are arrested for driving while intoxicated now motorists can face being strip-searched as well. We’ve spoken on numerous occasions how a drunk driving arrest — or worse, a conviction — has the potential for personal humiliation in the local community, at one’s job and even within one’s own family. Personal relationships, careers, and reputations have been ruined as a result of a DWI or drug-related DUI.

But the recent ruling by the U.S. Supreme Court last month has opened up new possibilities for individuals arrested and incarcerated following a drunken driving arrest. While some may laugh, could it be such a stretch to imagine an average citizen, perhaps coming home from an evening get-together at the local bar with colleagues and friends, ending up arrested for drunk driving and ultimately being strip-searched prior to spending a night in the local jail? All we can say is, The truth can certainly be stranger than fiction.

Of course, we wouldn’t even be talking about this potentially embarrassing scenario if it wasn’t for the fact that the U.S. Supreme Court ruled that anyone in police custody can be strip-searched without, apparently, violating their constitutional rights. As New Jersey DUI defense lawyers, we have said for years that the stiff monetary penalties defendants face in the wake of a DWI conviction are just one aspect of the entire drunken driving arrest scenario. Now drivers have even more to worry about if they have had a little too much to drink.
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May 12, 2012

Many New Jersey Cities to Tighten Up DWI Patrols During High School Graduation, Prom Season

by Jonathan F. Marshall

Most likely we didn’t really have to tell you, since many of you already expected this, but police agencies all over the Garden State will be busy this month enforcing anti-drunk driving laws with an eye toward the state’s high school graduates and other celebrants. As New Jersey DWI and drug DUI defense attorneys, my firm has the in-depth skills and decades of collective legal experience to represent individuals accused of drunk driving, driving under the influence of doctor-prescribed medication, and even operating a motor vehicle while impaired by an illicit substance, such as cocaine, meth or marijuana.

That said, it’s also important to point out that, as DWI defense lawyers, we also have experience in the area of underage drunk driving and alcohol possession by a minor. As one might expect, being tagged by the police for DWI as an adult can be serious and expensive business, but being arrested as a teenager for drinking and driving can also have its own drawbacks later on.

We’ve spoken of this on numerous occasions, but the reason we mention it today is that senior prom season is in full swing this month. What with thousands of teens saying goodbye to high school and staring their future in the face, it’s not hard to understand how some of those kids might be inclined to take a drink in advance of reaching full legal age. While understandable to some adults (parents included), the so-called rite of passage represented by drinking alcohol is actually illegal in the Garden State. But as with many laws, there will always be those who decide to flout the law and take their chances.

May 9, 2012

Essex County, NJ, Patrolman Gets “Top Gun” Award for Most Drunken Driving Arrests in 2011

by Jonathan F. Marshall

As New Jersey drunken driving defense attorneys, I and my staff of experienced DWI lawyers make it our job to represent motorists who have been accused of driving under the influence of alcohol, prescription medications or other potentially intoxicating substances (such as cocaine or marijuana). This, however, does not mean that we do not understand the dangers associated with driving while intoxicated by alcohol, doctor-prescribed meds or even controlled dangerous substances (CDS).

Having worked in the past as a municipal prosecutor for many years, it was my job to obtain convictions against those drivers who had been arrested for DWI, drug DUI and breath-test refusal. Using that experience, I and my legal team can better understand the strategies and legal approaches used by New Jersey state prosecutors against drivers who may or may not have been legally drunk at the time of their arrest.

Of course, the first step in any New Jersey DWI/DUI case is the initially arrest. As anyone who reads local news reports already knows, drunken driving is a common offense here in the Garden State. Whether one lives in Bergen, Ocean, Passaic or Monmouth County, there are dozens of traffic stops every week that result in drunken driving summons being issued against drivers.
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May 6, 2012

New Jersey Trucker Faces Federal Charges following Out-of-State DWI-related Accident

by Jonathan F. Marshall

When is comes to driving under the influence of alcohol, making a bad judgment can really cause a person all manner of trouble down the road. We don’t just say this without some knowledge in the area of DWI and DUI law, since penalties for drunken driving can be quite costly. But consider the ramifications for someone who makes his or her living on the road. For professional drivers, a New Jersey drunk driving or drug DUI arrest can potentially spell the end of one’s career. And it doesn’t have to be alcohol; it can be cocaine or as well.

As New Jersey DWI defense lawyers, I and my colleagues know how someone’s fate can turn on a dime when a conviction for driving while intoxicated comes down in a municipal courtroom. For those who make their living driving day-in and day-out, such a conviction could also entail the loss of one’s commercial driver’s license (CDL). For an average person who works in an office, the loss or suspension of a driver’s license can definitely be an inconvenience. But commercial truckers should not take a chance on fate when it comes to receiving a DWI summons.

It wasn’t too long ago that we read of an out-of-state DWI arrest following a truck crash that caused a large disruption on an interstate. The Orange County man who was operating the semi at the time of the crash was eventually charged with driving while impaired by alcohol. Not only did the man face local DWI charges, but Federal regulations have a much stricter set of rules regarding alcohol-related traffic offenses.
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