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June 5, 2011

New Jersey State Trooper Faces Suspension for Multiple Drunken Driving Stops in Atlantic County

As a New Jersey DWI defense attorney and former municipal prosecutor, I fully support the efforts of our law enforcement community in maintaining public safety. Everyday, uniformed men and women throughout the Garden State put themselves in harm’s way to help keep our cities, towns and villages pleasant and safe places to live and work. However, what I cannot abide is the apparent double standard that some police officers maintain when conducting their own affairs.

It is a sad commentary when a civil servant appointed by the people cannot live up to the same standards that they themselves are sworn to uphold. This applies not only to gross instances of criminality, but also to lesser infractions for which any other member of our society can be held accountable. As a drunken driving defense attorney, my focus is on helping those individuals who have been accused of driving while intoxicated, or otherwise impaired by alcohol, prescription medication (drug DUI), or even illicit drugs, such as marijuana.

Not long ago, a New Jersey State Police officer was recommended for suspension due to repeated drunken driving stops in the township of Hamilton. According to news reports, an administrative law judge recommended a 7-month suspension for Trooper Sheila McKaig in regard to the officer’s multiple drunken driving stops over a period of just three months back in 2008, and even earlier. Even though each of those traffic stops allegedly suggested suspected drinking on McKaig’s part, she was never subjected to blood-alcohol content (BAC) testing, nor was she charged with any violations.

June 3, 2011

Middlesex County DWI Arrest Update: Other Approaches to Fighting New Jersey Drunken Driving Charges

by Jonathan F. Marshall

It’s important to remember that a drunk driving arrest and subsequent DWI or drug DUI charges are not the end of the world. However, any time a person is picked up for driving under the influence of alcohol or driving while impaired due to prescription drugs one should always consult with a qualified DWI defense lawyer.

As New Jersey DWI-DUI defense attorneys, I and my staff have decades of experience in fighting for clients who have been accused of driving while intoxicated. Even those individuals who have been arrested for operating a motor vehicle while under the influence of illicit drugs, such as cocaine or marijuana, should speak with an experience legal professional to understand their rights under the law.

Here in the Garden State, whether you live in Ocean, Sussex or Monmouth County, the law considers you innocent until proven guilty. Fighting a DWI or DUI charge can be approached in many ways, depending on the individual circumstances. The following is a continuation of my earlier discussion on challenging a DWI arrest.

Rising Blood Alcohol Level
It’s may not seem logical, however it is possible for a motorist’s blood-alcohol content (BAC) to be measured at police headquarters sometime after the initial arrest and have a higher reading than if he or she had been measured at the scene of the traffic stop or sobriety roadblock.

How can this be? The fact is it takes an average of 50 minutes for alcohol that one has consumed to be fully absorbed in a person’s bloodstream. While this may seem like a long time, consider that it can take as long as three hours before a person reaches maximum BAC.

This is a critical point, especially if the drunken driving arrest occurs right after one has consumed the alcohol. In such cases, an individual’s BAC will likely still be rising at the time the police administer a breath test. In fact, even if your BAC was above 0.08 percent at the time of the blood draw or breath test, it could well have been under the legal threshold when you were actually on the road. (Because there is no law against having a BAC above 0.08 while at the police station, you might want to consult a drunk driving attorney to determine the best defense.
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May 31, 2011

Sales of DWI Sobriety Checkpoint Apps for Smart Phones on the Rise

by Jonathan F. Marshall

As the saying goes, knowledge is power; and apparently owners of smart phones are feeling more powerful every day. In the news of late are stories about the sales of software applications that allow users of iPhones, BlackBerries and Droids, among others, to keep track of drunken driving checkpoints, also known as sobriety roadblocks. Numerous government officials and police departments have been pressing Apple and Google to stop offering the apps, but this may be in itself be accelerating sales of the DWI alert software packages.

As New Jersey drunken driving defense lawyers, I and my team of experienced DWI attorneys are quick to advise people not to drink and drive. However, we understand that many motorists who are stopped by state and municipal police patrols don’t necessarily realize that they may be legally drunk, something which could end up costing them a great deal.

When a driver is pulled over at a drunk driving checkpoint, if a police officer detects signs of alcohol use he may request the driver to perform a variety of field sobriety tests. Once satisfied that the motorist is likely impaired by alcohol, the officer may also ask the driver to submit to abreathalyzer test. If his or her blood-alcohol content (BAC) measurement is 0.08 or above, the individual could be arrested and charged with driving while intoxicated. This is the beginning of a costly process that may lead to loss of the person’s job, alienation from family and friends, and possibly jail time under certain circumstances.

One way in which motorists are trying to avoid running into a sobriety roadblock is through the use of those DWI and DUI apps. According to news reports, these downloadable applications actually enable smart phone owners to pinpoint the locations of drunk driving checkpoints set from time to time up by police departments all across the Garden State.
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May 28, 2011

Morris County, NJ, Legal Defense: Is Hiring a New Jersey Drunken Driving Lawyer Really Necessary?

by Jonathan F. Marshall

Whether you’ve received a summons for driving while intoxicated or been arrested for prescription drug DUI, there’s a good chance that you’ve been wondering if a drunken driving defense attorney is worth the expense. It makes little difference whether you live in Morris, Ocean or Middlesex County, if you’ve been stopped by the NJ State Police or a local patrol officer, the resulting drunk driving arrest and possible conviction can complicate most anybody’s life.

Because there is so much to lose as a result of being convicted for drunk driving or illicit drug DUI, it’s a good idea to consult with an experienced DWI attorney to find out where you stand. Penalties for driving under the influence of alcohol, marijuana or other controlled dangerous substance (CDS) make it almost imperative to hire a drunken driving defense lawyer.

Maybe a recently traffic stop resulted in a DWI arrest, or perhaps a motorist received a summons for being intoxicated while parked on the roadside, the initial question one must ask is, “Was I really drunk?” The answer to this question is maybe yes, but maybe no. It all depends on the facts and the way in which the police conducted the initial traffic stop and subsequent DUI arrest.

Considering whether or not a DWI charge was warranted, a drunk driving defense attorney can look at all the specifics involved in the case and determine if a conviction is likely. Maybe it is, but one thing is certain, as with any aspect of the law a drunk driving conviction relies on a variety of factors and no outcome is ever written in stone.
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May 23, 2011

New Jersey Legal Defense: Male Drivers Not Only Group Found Drinking and Driving

by Jonathan F. Marshall

As DWI defense attorneys here in the Garden State, we can certainly say that the male contingent is not the only sector of the driving public who has a history of drunken driving arrests. While some may argue that men are more likely to be cited for driving while intoxicated, it’s actually understood that as a group female motorists are being stopped for impaired driving more often than, say, ten years ago.

As New Jersey drunk driving defense lawyers, I and my colleagues have defended numerous clients, many of them women, who have been accused of driving under the influence. It wouldn’t be a stretch to say that many people have made the mistake of getting behind the wheel of a motor vehicle after taking a few drinks. Of course, there are certainly fewer individuals out there who would consciously decide to drive while legally drunk, if they knew that they would end up in a courtroom accused of DWI.

The penalties for driving under the influence of alcohol or prescription drugs here in New Jersey can be quite heavy. And as we’ve seen over the past several years, women and men are constantly being introduced to what it’s like to be stopped for DWI. It wasn’t long ago that news articles, were heralding the new trend in drunk driving, that of female drivers being arrested on the highways and city streets.

May 18, 2011

Morris County, NJ, DWI-DUI News: Kinnelon Police Arrest 2 People for Marijuana Possession in Vehicle

by Jonathan F. Marshall

While some people may feel that being arrested for impaired driving only happens to those who drink and drive, DWI or more specifically, DUI, can also pertain to motorists stopped by police and found to be under the influence of a controlled dangerous substance (CDS), such as cocaine or marijuana. drug DUI, which can also apply to individuals determined by the police to be impaired by prescription medication, is relatively common in the Garden State.

As New Jersey drunk driving defense lawyers, I and my colleagues understand how a causal user of marijuana could be charged with possession of marijuana, or weed, while driving their vehicle in Middlesex, Monmouth or Ocean County. Not surprisingly, the New Jersey legal system applies the same strict enforcement of DUIs as it does DWIs. While the substance may be different, a CDS instead of beer, wine or hard liquor, the penalties can be just as severe.

A news article not long ago illustrated what can happen when a driver is stopped by police and found to have been using an illicit drug while operating a motor vehicle. According to news reports, two people were arrested by police and charged with marijuana possession in Morris County apparently following a routine traffic stop.

May 15, 2011

Union County DWI News: New Jersey DWI and Drug DUI Police Blotter

by Jonathan F. Marshall

As New Jersey DWI defense attorneys, we find reports of drunk driving arrests in the media nearly every day of the week. Whether you live in Bergen County, Hudson County or Mercer County, the odds of a driver being pulled over and charged with driving while intoxicated increases with enhanced drunken driving enforcement patrols.

While many DWI arrests take place as a result of a seemingly minor traffic offense, many other motorists are picked up for drinking and driving as a result of sobriety checkpoints. Still others are arrested for being intoxicated while sitting in a parked vehicle. The following news items from Union County are just a couple of the typical arrest reports that transpire every week in the Garden State.

Kenilworth

May 12, 2011

New Jersey Drunk Driving News: 2 People Seriously injured in Monmouth County DWI Traffic Accident

by Jonathan F. Marshall

Even in the best of situations, a routine traffic stop can lead to a charge of drunken driving. Here in the Garden State, local police departments and the State Police maintain drunk driving patrols along public roadways in Union, Atlantic, Ocean and Bergen County. It’s not uncommon for a motorist to be stopped for a minor traffic violation and then to be arrested for driving under the influence of alcohol, prescription pills (drug DUI), or illicit drugs.

As New Jersey drunk driving defense lawyers, my firm has represented many drivers accused of intoxicated driving, operating a motor vehicle while impaired by a controlled dangerous substance (CDS), and breath test refusal. While our courts take a dim view of individuals who get behind the wheel when legally drunk, they certainly take notice of those drivers who cause a traffic accident while under the influence of beer, wine, hard liquor and even marijuana.

It’s best to remember that being involved in an injury accident while potentially drunk will not win you any points with a judge. Not long ago there was a report of a traffic accident that sent two people to the hospital and resulted in one of the drivers being cited for DWI. According to the news, four individuals were hurt during the crash that occurred along a stretch of Rte 9 near Taylors Mill Rd.

May 9, 2011

Union Township Drunken Driving News: Prosecutors Upgrade Charges to Vehicular Homicide following Warren DWI Accident

by Jonathan F. Marshall

Multiple drunk driving arrests, not to mention numerous DWI convictions can prove to be quite damaging to one’s driving record, much less an individual’s personal relationships, business career and standing in the community. Here in Monmouth County, just like in Ocean, Sussex and Bergen Counties, a driver who causes an accident while under the influence of alcohol faces a difficult uphill battle in the state’s legal system.

As a New Jersey drunk driving defense lawyer, I understand how a traffic accident complicates a driver’s DWI or drug DUI defense case. In situations where a death is also involved, the courts have little empathy for a defendant who is found to have gotten behind the wheel of his or her automobile in an impaired or drunken state.

A DWI-related traffic fatality is a much more serious issue than is a simple case of being stopped for a minor traffic violation. To say the least, a person in such a situation should definitely consult with a qualified legal professional. A circumstance that might call for an experienced DWI attorney was recently reported in the news.

According to reports, charges of driving under the influence levied against a Union Township resident were escalated to that of vehicular homicide in the case of a fatal accident along Interstate 78 last year in Somerset County. Based on news reports, a five-month police investigation resulted in serious charges being pressed against 38-year-old Amie Marroccelli in connection with a deadly car crash in Warren, NJ, last October 10.

Based on police reports at the time, Marroccelli was driving a BMW east along a stretch of I-78 just before 8pm when the woman’s vehicle hit the driver’s side door of a Subaru being operated by 22-year-old Steven Wall, who was also headed east. The impact between the two vehicles caused Wall’s vehicle to spin then leave the roadway and, sliding down an embankment, striking a tree. Wall eventually died from injuries he sustained in the crash that evening.
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May 6, 2011

Bergen County DWI Update: Could Drivers Someday be Arrested for Drowsy Driving Just Like DUIs Today?

by Jonathan F. Marshall

Today, it’s not uncommon for a fatigued driver to be stopped by a New Jersey State Police trooper for failure to maintain a lane, possibly caused by drinking and driving. But unlike a motorist who fails a field sobriety test and then blows over 0.08 on a breathalyzer test, a drowsy driver has a good chance of getting off with a warning.

Now, no one will argue that nodding off on the highway is a dangerous and potentially deadly situation for any driver, but does it rise to the level of drunken driving and drug DUI? Here in the Garden State it is already a criminal offense when drowsy driving leads to a fatal traffic accident. But in some circles, populated by various experts and law enforcement officials, the desire still exists to penalize drowsy drivers to the same extent as those motorists found guilty of driving while under the influence of alcohol or prescription medication (also known as drug DUI).

There are facts to bakc this up. in a study dating back to 1995, AAA Mid-Atlantic Inc. found that driving with no sleep for 24 hours was akin to having a blood-alcohol content (BAC) of 0.10 percent, more than the legal limit for DWI in New Jersey. Around that same time, the National Highway Traffic Safety Administration (NHTSA) estimated that drowsy driving was to blame for about 100,000 crashes, more than 70,000 injuries and nearly 1,600 fatalities annually across the U.S.

Consider the similarities, as many experts have. While driving home tired after working the graveyard shift, a driver might try to squeeze in a few extra miles instead of stopping at a rest area. Bleary-eyed and perhaps not on top of his or her game, it is possible for a motorist to appear drunk on the road. The same can be said of long distance driving with not enough shuteye time.

As New Jersey drunken driving defense attorneys, we have a great deal of experience representing individuals accused of operating a motor vehicle while intoxicated. But is working a double shift then driving home a little fatigued the same as getting behind the wheel of an automobile after having one too many shots at a bar? Legally, these two may begin to converge.

As stated above — just like DWI, prescription drug DUI, or impaired driving as a result of using a controlled dangerous substance (CDS) such as marijuana or cocaine — the consequences for killing another person while under the influence are quite severe.
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