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November 30, 2011

Warren County DWI News: Is Smelling for Alcohol on a New Jersey Motorist a “Police Interrogation”?

As anyone who has ever been arrested or even convicted of driving while intoxicated will likely know that many times a police officer will testify he detected the odor of alcohol on the motorist’s breath prior to a drunk driving arrest. While this statement is usually not enough to convict a driver of DWI, it can be sufficient to prompt the officer to ask the driver to exit his or her vehicle and perform several field sobriety tests — and from that a drunken driving arrest could be forthcoming.

As New Jersey drunk driving and drug DUI defense lawyers, I and my staff have represented numerous individuals accused of driving under the influence of alcohol, prescription medication, and even illegal substances like marijuana. Many of these people believed that they were not impaired at the time of their arrest. Still, when a patrolman states under oath that a driver smelled of beer, wine or hard liquor, it can seem as if the prosecution has a solid case against the defendant.

Earlier this fall, the Appellate Division of the Superior Court of New Jersey overturned a lower court ruling that was apparenlty pinned on the argument that a police officer who sniffed the breath of an underage teen at a party in Independence, NJ, provided sufficient notice that the individual had certain rights. The rights that were allegedly implied by the officer’s “sniff test” were the young man’s Miranda Rights; the lower court that rendered the guilty verdict said the act of sniffing for the odor of alcohol was akin to announcing that the suspect had the “right to remain silent.”
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November 27, 2011

Arrested for Drunken Driving? What Jersey Drivers should Know about Blood-Alcohol Testing, Other DWI Evidence

by Jonathan F. Marshall

It’s probably a good bet that until a driver is arrested for driving while intoxicated (DWI) he or she has not given much thought to the process of being arrested, much less the penalties associated with a drunken driving conviction. Frankly, being stopped for a traffic violation here in the Garden State is quite common; being charged with driving under the influence is slightly less common, but a definite possibility if that motorist has recently had a drink before being stopped.

Understanding the process of a DWI or drug DUI arrest is important, since many things have to happen between the initial traffic stop and a full-blown conviction for drunk driving. First of all, it’s never a bad idea to consult with a qualified legal professional regarding such an arrest or summons.

Hiring an experienced New Jersey DWI defense lawyer is something that every person accused of DWI or DUI must make himself. Can an attorney make a difference? Generally this is expected, but the outcome of any drunk driving case is based on a number of factors, including the amount and type of the evidence against the driver.

However, with the potential of still fines and even loss of one’s driver’s license, understanding one’s situation is very important to getting through the process with the best outcome possible. Even for first-time offenders there is the possibility of jail time — depending on the circumstances — on top of heavy fines and other assessments, such as increased insurance auto premiums.
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November 25, 2011

New Jersey Drunk Driving Defense News: Enhanced DWI and DUI Traffic Enforcement for Thanksgiving Weekend

by Jonathan F. Marshall

According to police agencies across the state, the Thanksgiving holiday has become one of the more common times of the year for New Jersey drivers to be arrested for drunken driving. Not only do local police departments expect increases in arrests for driving under the influence of alcohol, but also for charges of operating a motor vehicle while impaired by prescription medications (drug DUI) and illegal drugs, such as cocaine and marijuana.

The New Jersey State Police have already identified the Thanks giving holiday and subsequent weekend as a prime DWI-DUI enforcement period in areas such as Passaic, Ocean and Sussex County. This should come as little surprise to those who make a living driving or who commute on a regular basis in the evenings and early mornings here in the Garden State.

As New Jersey DWI defense attorneys, I and my staff of experienced drunk driving lawyers understand how easily an individual can be caught up in a DWI arrest. While those who experience a drunk driving or DUI arrest may find the process somewhat unnerving, the real shock can be the actual conviction. Even for a first-time offender the potential penalties and fines, as well as possible jail time after being convicted should be enough to consider proper representation.

November 23, 2011

Monmouth County DWI Update: Thanksgiving Holiday Sees Rise in Drunken Driving Arrests for New Jersey Motorists

by Jonathan F. Marshall

While the warm weather months are definitely behind us, New Jersey State Police and local law enforcement agencies note that parties and friendly get-togethers during the holidays also bring out the drinker in many drivers. As nearly anyone who drives in the Garden State understands, drunken driving enforcement never really lets up, especially during the peak holiday season.

As DWI defense lawyers serving residents of Bergen, Middlesex, Atlantic and other counties across the state, we are well versed in the tactics and strategies used by state and municipal police officers to secure the arrest of suspected drunk drivers. In fact, anyone who knowingly operates a motor vehicle while under the influence of alcohol or, for that matter, prescription medication, should realize that the odds of being arrested for DWI or drug DUI can be quite high.

If a police officer witnesses a traffic violation, he or she will usually make a routine traffic stop based on that initial offense, minor as it may seem to the average driver. Once stopped, a motorist will be closely observed for signs of impairment, usually due to consumption of beer, wine or hard liquor. If the patrolman has a reasonable suspicion that the driver of a car, truck or motorcycle is inebriated an arrest is more or less forthcoming.
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November 19, 2011

NJ Drunk Driving News: New Jersey Drivers Convicted of DWI Can Face Severe Driving Restrictions

by Jonathan F. Marshall

With the economy still faltering and many people in counties like Atlantic, Middlesex and Monmouth have been seeking cheaper means of transportation, from public transportation to more personal modes of getting around, those motorists arrested or already convicted of driving while intoxicated have an added hurdle. As New Jersey drunken driving defense lawyers, I and my legal staff understand the implications of a drunk driving arrest, not to mention a potential conviction for operating a motor vehicle under the influence of alcohol or prescription drugs (drug DUI).

With the approach of winter weather, it’s difficult to imagine riding a bicycle or motorcycle to school or work, but for some there is little alternative, save walking. Anyone caught driving while impaired by alcohol, doctor-prescribed medication or even illicit drugs, such as marijuana or cocaine, have the added complication of being barred from driving a motor vehicle for months or even years.

Weather conditions not withstanding, some may think that a bike would be the perfect alternative, and it sometimes is, though much slower than a car or bus. Because of this, some people have turned to a quicker although slightly more expense alternative to the typical bike.

November 15, 2011

NJ Drunken Driving News: Male Drivers More Likely to be Arrested for DWI than Females

by Jonathan F. Marshall

Apparently someone’s winning the so-called battle of the sexes these days, though not in the way some would prefer. Based on a recent study conducted by the Centers for Disease Control (CDC), male drivers are more likely to operate a motor vehicle while under the influence of alcohol than female drivers. As New Jersey drunk driving defense attorneys, we can add that that with a higher rate of men driving while intoxicated that this portion of the population likely has a higher incidence of DWI arrests.

While it is true that not everyone who gets behind the wheel of a car, truck, motorcycle or watercraft when legally intoxicated is arrested and charged with drunken driving, it is also true that of those who are caught with a 0.08-percent or greater blood-alcohol content (or BAC) are sometimes surprised that they received a summons for DWI.

Similarly, with police enforcement of anti-drunk driving laws, a percentage of these arrests involve individuals accused of being impaired by doctor-prescribed medication (drug DUI) or even illicit drugs, such as cocaine and marijuana. These DUI cases arise from many of the same circumstances as DWI police stops; of course, both types of arrests can also occur at any of the dozens of DWI roadblocks and drunken driving checkpoints held every year in the Garden State.

As for the CDC’s report, nationwide, men are as much as four times more likely to get behind the wheel of a car or truck after having more than one drink than their female counterparts. According to news reports, the Centers for Disease Control and Prevention shows that this trend applies as much to residents of New Jersey as well as other states; verified by our own state’s Division of Highway Traffic Safety, local statistics indicate that 80 percent of fatal DWI traffic accidents involve a male driver.
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November 12, 2011

NJ Legal Defense: Penalties Abound for Garden State Motorists Convicted of Driving While Intoxicated

by Jonathan F. Marshall

Being stopped by the police here in New Jersey for a traffic-related offense is not uncommon, nor out of the ordinary. With more than eight million residents and a population density of nearly 1,200 people per square mile, the odds of someone you know getting a traffic ticket in the next 12 months is actually quite high. What many people do not expect, when their “time” comes, is that they could also receive a summons for DWI as well.

The fact of the matter is, anyone who takes a drink prior to hitting the roads anywhere across the Garden State runs the risk of being arrested for drunken driving. Not that every driver who gets pulled over for a broken taillight or cracked windshield will be charged with driving while intoxicated, but the chance does exist. The odds of being accused of driving under the influence rises with the amount of beer, wine or hard liquor one may have consumed before getting behind the wheel.

As New Jersey DWI defense lawyers, I and my colleagues have extensive experience representing motorists who have been arrested for drunken driving, as well as drug DUI. Drug DUI, it should be explained, is similar to DWI, except it applies to an individual who is suspected of operating a motor vehicle while under the influence of prescription medication or illicit drugs. Marijuana, cocaine and crystal meth come under the latter heading.

Whether you live in Hudson, Essex, Passaic or Bergen County, if you are convicted of DWI or drug DUI, severe penalties can be attached to that conviction. Someone who has been issued a traffic ticket or a summons for DWI, DUI or breath test refusal, is well advised to contact a qualified legal professional to better understand his or her rights, as well as familiarize themselves with the potential fines and fees associated with a drunken driving conviction.
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November 8, 2011

Drunk Driving Roadblocks Suspended in Elmwood Park, NJ, But Not for Long

by Jonathan F. Marshall

First and foremost, anti-drunken driving enforcement in the Garden State is handled in a number of ways. While enhanced roving DWI patrols in counties like Monmouth, Bergen and Ocean are often used before and during popular holidays, such as July Fourth, New Year’s, Memorial Day and others, drunk driving checkpoints, or Sobriety roadblocks as they are also known, are randomly set up all over the state usually in the late evening and early morning hours on Fridays and Saturdays — days of the week that typically have a higher incidence of motorists driving while intoxicated.

As New Jersey drunk driving defense lawyers, I and my legal staff are familiar with the typical tactics used by state and municipal law enforcement agencies to catch drivers who may be operating their car, truck or motorcycle while impaired due to alcohol or prescription drug use. In a percentage of cases, drivers are arrested for driving under the influence of illicit drugs (also known as controlled dangerous substances), like cocaine and marijuana (drug DUI).

When it comes to Sobriety checkpoints, these are commonly used by police departments to catch drunken drivers and help reduce many of the alcohol-related traffic accidents and fatalities throughout the state. So as to be fair, especially under New Jersey state law, state, county and municipal law enforcement authorities are required to publish the operating times and specific locations of upcoming sobriety roadblocks.

As drunk driving defense attorneys representing New Jersey drivers who have been accused of DWI or DUI, we know that that the mandatory public notification of these drunk driving checkpoints are not always published in the most convenient or accessible manner. This is why, from time to time, we ourselves post notices of upcoming or active DWI roadblocks for public use.

It is our contention that if the public knows about the existence of a checkpoint/roadblock, then there would be a better chance that individuals would perhaps avoid the general area during those hours, especially due to the greater likelihood of coming into contact with a drunk driver. This is because, police departments are limited by law to set up DWI checkpoints only in areas that have a historically high rate of drunk driving arrests or accidents.

It goes without saying that during a DWI roadblock, motorists who are stopped by police may be subjected to field sobriety testing and/or breathalyzer testing as a way to determine the driver’s blood-alcohol content, or BAC. We would remind any one who has been issued a summons for drunken driving arising from a police stop at a DWI checkpoint to seriously consider retaining a qualified drunk driving defense attorney to better understand one’s rights under the law.
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November 6, 2011

Bergen County Drunken Driving Defense Update: Legal Process of a New Jersey DWI Case

by Jonathan F. Marshall

Being arrested for driving under the influence of alcohol, prescription medication (drug DUI) or an illicit drug/controlled dangerous substance (CDS), such as marijuana, cocaine or heroine, is just the beginning of a journey that will take a defendant from drunken or impaired driving charges all the way through to a possible conviction and sentencing (including fines and other penalties).

As New Jersey drunk driving defense lawyers, I and my staff of experienced DWI attorneys understand very well the laws that pertain to driving while intoxicated her in the Garden State. Whether one is stopped in Monmouth, Atlantic, Passaic or Middlesex County, the process and procedures for a DWI or DUI case are more or less the same. Following the arrest and pressing of charges, it should be obvious that most individuals will want to talk to a qualified legal expert in this area of the law.

While the local procedures and customs vary from municipality to municipality, the overall process covered here is generally what any driver accused of DWI, DUI, breath test refusal or other drunken driving-related charges can expect to go through. Naturally, if you are currently charged with drunken driving and have a court appearance set for the future, it is advisable to consult with an experienced attorney to better understand your rights up front.

Following an arrest for driving under the influence of beer, wine or hard liquor, a New Jersey motorist can expect to be arraigned. An arraignment proceeding is typically the defendant’s first court appearance before the court to hear the charges against him or her. If the defendant has secured counsel before the arraignment date, usually the appearance can be waived pending a pre-trail conference. If the defendant is going it alone, then an appearance before a judge — for his or her arraignment — is mandatory.
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November 3, 2011

Ocean County, NJ, DWI News: Manpower Reductions Affecting Lacey Township’s Drop in Drunken Driving Arrests

by Jonathan F. Marshall

While some municipalities across the Garden State are claiming continued victory in the battle against drunken driving — quantified by the total number of DWI and drug DUI arrests annually — other towns and cities are seeing cutbacks in manpower, which apparently is taking its toll on the number of motorists being charged with driving while intoxicated. Doubtless, the effects of a struggling economy are being felt all over, even in Monmouth,Bergen and Ocean County, among others.

With many police departments trying to do more with less, it’s not surprising that areas like Lacey Twp. are feeling the pinch. According to news reports, less manpower on the street has equated to fewer drunk driving summonses. In Lacey, arrests for driving under the influence have been on the decrease since 2008, based on news reports.

As New Jersey DWI defense attorneys, my firm is trained to represent those individuals who have been charged with driving while impaired by alcohol, doctor-prescribed medications, or controlled dangerous substances (CDS), such as marijuana and cocaine. The penalties for DWI and drug DUI can be quite harsh, even for first-time offenders, which is why we always recommend consulting an experienced drunken driving defense lawyer after a police arrest.

Getting back to the effect of reduced manpower on the state and local police departments; although studies on nationwide instances of DWI indicate that Americans may be drinking and driving less frequently, statistics coming out of some New Jersey municipalities show that DWI arrest rates have at best remained unchanged — Barnegat Township is apparently one of those “steady-state” areas, which flies in the face of the overall downward trend in DWI-DUI arrests across the rest of the U.S.
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