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November 2, 2011

Monmouth County Drunk Driving News: Teens’ Car Strikes Police Car at DWI Checkpoint, Officer Injured

There are always a few things that you don’t want to happen when it comes to driving drunk here in the Garden State. First, underage drinking (and even underage possession of alcohol) should be avoided since it can affect a youngster’s future without him or her even knowing it. Second, if one is bound and determined to operate a motor vehicle while under the influence of alcohol or prescription medication (drug DUI), don’t hit a police patrol car or injure an officer while you’re at it.

As New Jersey DWI defense lawyers, I and my staff of experienced drunken driving attorneys understand that kids experiment with all manner of things and activities. Some are harmless, some simply embarrassing; but drinking and driving as a minor can put a real dent in one’s future. Of course, teenagers are not always receptive to this message, so it really goes out to all the parents.

This warning applies to families all across the state. Whether you live in Atlantic, Sussex, Ocean or Passaic County, DWI and drug DUI can be costly, not only financially but in terms of being potentially damaging to one’s social standing and career prospects as well. For teens, an arrest for DWI or drug DUI can affect individuals in their adult years as well, which makes it advisable to contact a qualified drunk driving defense attorney to better understand the charges against your underage son or daughter.

Earlier this month, two teenagers ended up in trouble at one of the many roadside DWI checkpoints that appear from time to time across the state. This one, in Monmouth County, was about to go into operation by the Holmdel police. According to news reports, police were setting up the roadblock when the incident occurred just before midnight.
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October 30, 2011

Garden State DUI News: Monmouth County, NJ, Police Blotter Shows Drunk Driving Arrests in Middletown

by Jonathan F. Marshall

All across the Garden State in counties such as Passaic, Bergen, Ocean and Union, numerous individuals are pulled over for traffic infractions while traveling on highways and surface streets. Many of these drivers are subsequently arrested on suspicion of driving under the influence of alcohol, and sometimes prescription meds or even illicit drugs (drug DUI).

Whatever the circumstances, it’s a fair bet that many of these people never imagined that they would be arrested or even charged with a DWI or DUI prior to being pulled over by the police. As New Jersey drunken driving defense lawyers, I and my colleagues can say with relative certainty that a percentage of motorists accused of DWI did not deserve to be arrested or served with a summons. Because of this, anyone who is charged with driving while intoxicated or otherwise impaired due to prescribed drugs or other substances, such as cocaine or marijuana, should consult with a qualified DWI attorney.

The following news items, pulled from the local Middletown, NJ, police blotter, represent the typical kinds of DWI and drug DUI arrests that occur every week in New Jersey. Although the location and specifics of each police arrest may change, the resulting fees, fines and penalties following a drunk driving conviction can be rather harsh, as can the reaction of one’s friends, relatives and business associates; all the more reason to fight a DWI charge whenever possible.
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October 27, 2011

Drunk Driving Stats Show Decrease Nationwide, But New Jersey Arrests Holding Steady

by Jonathan F. Marshall

One would think that with all the extra anti-drunken driving enforcement across this state that surely New Jersey would be experiencing a decrease in DWIs just like the rest of the nation. Apparently, that’s hardly the case. Whether due to what some might call “over-enforcement” or because the Garden State has such a large population that it tends to set its own standards, one thing is for certain: this is not the place to get behind the wheel in anything near an impaired condition.

From Passaic to Ocean and Bergen to Cape May County, local and state police are constantly on the alert for any motorist that may be inebriated. Intoxication due to beer, wine or hard liquor; or impairment from prescription medication or even illicit drugs like cocaine and marijuana, this state’s law enforcement community is reportedly racking up its share of DWI and drug DUI arrests on a weekly basis.

As New Jersey drunk drivin defense attorneys, we know how easy it can be to be stopped on the road while legally intoxicated. Even those people who believe whole-heartedly that they are not drunk have been arrested and taken before a magistrate to face stiff penalties for DWI, DUI, breath test refusal and other drunk driving-related charges.

A recent news article seems to indicate that, here in New Jersey, the number of arrests for driving under the influence is not declining in concert with the nationwide drop in drunk drivers. What does it mean? Well, it would appear that New Jersey drivers in places such as Ocean County’s Barnegat Twp. need to consider that local police are still out in force, arresting drunken drivers and handing out summonses at about the same rate as in prior years.
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October 24, 2011

Monmouth County Drug DUI Update: New Jersey Drivers Arrested for Marijuana Possession — Part 2

by Jonathan F. Marshall

As we mentioned a while back, it’s relatively easy to get pulled over for a traffic-related offense here in New Jersey. In fact, something as minor as not making a complete stop at a controlled intersection, or not signaling a turn properly can result in a traffic stop. But it’s after this initial police stop that can get a motorist in really hot water — that is, receiving a summons for drinking and driving.

It makes little difference whether one is stopped for a non-working brake light or cracked windshield, if you live in Hudson, Ocean, Bergen or any of the other counties throughout the Garden State, chances are you will at one time or another be pulled over for some type of traffic infraction.

Once a patrolman has stopped a motor vehicle, the driver may be interviewed as to the reason for the offense. If the police officer detects alcohol or drug use, a whole other line of questions may ensue, which may or may not lead to an arrest for DWI or drug DUI. A percentage of traffic stops may result in some kind of marijuana-related charge, depending on the circumstances.

Not surprisingly, cannabis (or weed) is one of the more common illegal substances encountered by law enforcement officers patrolling this state’s highways. Similar in nature to a drunken driving traffic stop, being pulled over and subsequently charged with a (marijuana-related) drug DUI, or simply possession of a controlled dangerous substance (CDS) like cannabis, is more common than many people may realize.
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October 21, 2011

NJ Drunken Driving News: Ocean County Motorist Charged with DWI in Fatal Garden State Pkwy Crash

by Jonathan F. Marshall

Fighting a drunken driving charge is serious business and should never be taken lightly. Guilty or innocent, anyone who has been charged with DWI or drug DUI (usually because of alleged impairment due to prescription medication) needs to understand that the financial and social implications of a drunk driving conviction can have long-term effects on an individual and his or her family.

Too many times, a defendant has stepped into a New Jersey courtroom without the aid of an experienced legal professional only to lose his case and be hit with heavy DWI-related fines and penalties. As New Jersey DWI and DUI defense lawyers, I and my staff know the ins and outs of the state’s legal system, and drunken driving law in particular. As a former municipal prosecutor myself, I have first-hand experience from the other side of the aisle regarding the methods and tactics of the state’s legal representatives.

As a cautionary note coming from one who knows the potential pitfalls of a poorly executed DWI defense, the last thing a defendant wants to have, in addition to an actual DWI arrest, is charges related to a fatal car crash allegedly occurring as a result of being impaired while operating a motor vehicle. Serious consequences can result from a conviction for negligent driving, vehicular assault, or manslaughter by motor vehicle.

According to news reports, an Ocean County, NJ, resident was recently indicted on the charge of vehicular homicide, as well as numerous other charges following a fatal car crash on the Garden State Parkway in Monmouth County last April. Based on police reports, 20-year-old Eric Pereira was allegedly intoxicated while using a cellphone and exceeding the posted speed limit when his vehicle rear-ended a van, which fatally injured a 43-year-old Middletown man.

Based on a joint investigation carried out by the NJ State Police and the Monmouth Co. Prosecutor’s Office, the April 2 crash occurred around 11am as Pereira was headed south in the local lanes of the Parkway at what police describe as a “high rate of speed.” According to reports, Pereira’s vehicle hit the victim’s van from behind, causing that vehicle to hit a nearby guardrail, flip over and slide into the Parkway’s express lanes.
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October 18, 2011

New Jersey Drunk Driving News: Camden and Gloucester County Police Officers Named Toughest for DWI Arrests

by Jonathan F. Marshall

As we mentioned a few weeks back, many cities and towns throughout the Garden State have received funding for enhanced DWI patrols and drunken driving checkpoints (also referred to as DWI roadblocks). Many of these municipalities also happen to have some of the highest arrest rates in the state, which may in part be doe to the additional funding, or could be attributable to the zealous nature of their police force, at least as it applies to enforcing drunken driving laws.

As a New Jersey DWI defense attorney, my firm represents numerous drivers from counties such as Middlesex, Bergen, Hudson and Union who have been accused of driving while intoxicated, impaired driving due to prescription medication as well as breath test refusal and marijuana possession in a motor vehicle. It goes without saying that a percentage of these individuals likely were stopped in areas receiving funding for increased DWI enforcement.

As we have said before, suspicion that a driver may have had too much to drink is not sufficient grounds for the police to stop a vehicle. In order for a drunken driving arrest to be valid, the officer in charge must first have reasonable suspicion that a traffic infraction has been committed; this usually means that the officer must first observe the driver of a car or truck perform an illegal traffic maneuver, exceed the posted speed limit, operate his or her vehicle with some kind of equipment problem, or another kind of traffic offense.
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October 15, 2011

Monmouth County Drug DUI Update: New Jersey Drivers Arrested for Marijuana Possession — Part 1

by Jonathan F. Marshall

Similar in nature to the typical drunken driving arrest, being charged with marijuana-related drug DUI or possession of weed in one’s vehicle can begin in much the same manner as a DWI traffic stop. Here in the Garden State, a state police trooper or local municipal patrolman cannot stop a vehicle simply on a hunch that the driver is drunk or otherwise impaired due to alcohol or other substances, such as cocaine or cannabis.

As New Jersey DWI-DUI defense attorneys, my firm is experienced in representing motorists who have been arrested or charged with driving under the influence of beer, wine, hard liquor, prescription medication, or illicit drugs. These arrests, as they pertain to traffic enforcement, usually begin with the officer observing some kind of motor vehicle infraction or other kind of traffic offense.

It doesn’t take much to get pulled over these days; a broken or burned-out headlamp, taillight can garner the same attention as making an improper turn or rolling through a stop sign. Whatever the initial traffic offense, once the patrolman has stopped a motorist, any evidence of alcohol consumption, drug use or drug possession can trigger an arrest.

Of course, marijuana is one of the most commonly encountered drugs in traffic enforcement here in New Jersey. In our experience, arrests related to marijuana use or possession are relatively commonplace, which is hardly surprising given that some estimates place marijuana production and sales at $30 billion or more annually.

As a former municipal prosecutor who once worked for the state convicting motorists and other individuals of DWI and DUI offenses, I have seen hundreds of these kinds of cases over the years. People accused of drug DUI routinely appear before municipal and county court judges to fight cannabis-related charges.
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October 12, 2011

Union County, NJ, Police Blotter Reports Numerous Drunken Driving and Marijuana Arrests

by Jonathan F. Marshall

With nearly nine million residents, the Garden State has the greatest population density of all 50 states, which might explain the constant stream of drunk driving arrests all across the state. As New Jersey DWI defense attorneys, I and my staff of experienced litigators understands how easily a motorist can become entangled in the state’s legal system following a seemingly simple traffic stop.

The fact of the matter is, nobody expects to be pulled over by a state police trooper or a local municipal patrolman, however police stops for minor traffic violations can many times precipitate into an arrest for driving while intoxicated. Anyone who has ever gone to an acquaintance’s home for a birthday celebration or gone out with friends to enjoy a pleasant evening eating good food and having some wine or after-dinner drinks will likely recall the concern of being stopped for a DWI.

Even if a person isn’t a drinker, the use of doctor-prescribed medication can have an unexpected affect on a driver’s ability to operate a motor vehicle, which may not have been immediately obvious. Just the same, however, once a police officer has stopped a driver for a traffic infraction, the opportunity for a DWI or DUI is always there.

As the following items from the Cranford, NJ, police blotter illustrate, being stopped for driving under the influence of alcohol or drug DUI is neither uncommon nor exceptional. In fact, these reports are typical of the drunk driving cases that come through New Jersey courtrooms on a weekly basis.
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October 6, 2011

New Jersey Drunken Driving Update: Top Places in the Garden State to Get a DWI

by Jonathan F. Marshall

Unless one saw it in the paper or caught it online, we now know the top four places in the state that get the most funding for anti-drunken driving enforcement here in the Garden State. As New Jersey DWI defense attorneys, my firm is well aware of the lengths that the state and local towns and municipalities will go to arrest more and more drunken drivers, or at least charge motorists with allegedly driving while under the influence of alcohol or prescription medication (drug DUI).

We’ll add here that one doesn’t actually need to be legally drunk to be pulled over by an officer; in fact, the police can not stop a vehicle merely on a hunch that the driver is operating a motor vehicle while intoxicated. What needs to happen is the officer only needs to observe that a traffic law has been broken — this can include something as serious as a multi-vehicle accident, or as minor as a burned-out headlight or improper turn-signal usage.

Whatever the reason for the initial traffic stop, a drunken driving arrest may be right around the corner is the officer then detects evidence of driving while under the influence. This also goes for motorists who may have illegal drugs, such as marijuana or cocaine, both known as a controlled dangerous substance (CDS). Just possessing weed or cannabis in a motor vehicle can precipitate an arrest following a routine traffic stop.
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October 3, 2011

Camden County DWI News: New Jersey State Trooper Indicted in Drunken Driving Injury Accident

by Jonathan F. Marshall

Having worked as a municipal prosecutor handling hundreds of cases involving the prosecution of Garden State motorists for drunk driving offenses, I know how hard our state and local police officers work to protect the rest of us on public roads and byways. This is by no means an easy job, and I and my staff of experienced New Jersey DWI defense lawyers understand the pressures and dangers that these public servants face on a daily basis.

Of course, that said, there is little excuse for ignorance of the law, especially by the very individuals who are entrusted with the job of upholding those same laws. When a patrolman, judge or other officer of the court flouts the law, it hurts us all. Naturally, as drunk driving defense attorneys, I and my colleagues know that many people are accused of crimes and offenses that they did not commit. It’s our job to represent these individuals in order to help them achieve justice.

Driving drunk is a serious offense, and being convicted of intoxicated driving, drug DUI, or other drunken driving charges can result is heavy penalties, not to mention increased automobile insurance premiums. The social stigma of a conviction for driving under the influence of alcohol, prescription medication or illegal drugs, such as marijuana or cocaine, can be life-changing. Just the news of being arrested for DWI can result in severed personal and business relationships.

In short, a DWI is nothing to take lightly and deserves the attention of a qualified DWI-DUI defense attorney. An example of the serious consequences of allegedly driving drunk can be found in the news every week. Whether the incident takes place in Bergen, Ocean, Monmouth or Passaic County, the results can be devastating to one’s career and private life.
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