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March 5, 2011

NJ Drunken Driving Update: Understanding the DWI Arrest Process in New Jersey (Part 1)

Getting into a motor vehicle after having a drink or two is always a gamble. Not simply because being impaired can reduce one’s reaction time and possibly result in a traffic accident, but also because New Jersey’s court system and police agencies are constantly on the lookout for drunken drivers. As New Jersey drunk driving defense lawyers, I and my staff understand the process of a DWI arrest and conviction. As a former municipal prosecutor, I also understand the strategies used by prosecuting attorneys to secure a DWI or drug DUI conviction.

Understanding the process yourself could help in the future. Although nobody expects to be stopped and arrested for driving under the influence of alcohol or prescription medication, being prepared is not an admission of guilt. It’s better to understand how this sometimes lengthy process occurs, if only to reach the realization that a DWI conviction is not something you want to experience, for numerous reason.

The following should be of some assistance for drivers here in the Garden State, at least so they can possibly sidestep the pitfalls and potential legal difficulties of being arrested, charged and possibly convicted for driving under the influence of alcohol, prescription meds, marijuana or other illicit drugs.

Regardless of the potential outcome, the process usually begins with a motorist being pulled over by a state trooper or local police officer. And whether you are arrested in Sussex, Passaic, Union or Atlantic County, you could be charged with any number of violations, such as DWI, driving under the influence of a controlled dangerous substance (CDS) or breath test refusal.

Some may wonder under what particular circumstances an officer is legally justified to pull them over for driving drunk. This is a common question to which the answer is simple, but occasionally confusing. Although a police officer may not actually know that a driver is impaired due to alcohol consumption or prescription drug use, he or she may decide to stop you for any number of potential traffic violations.

From relatively egregious traffic offenses, such as running a red light or speeding, to seemingly innocuous violations, such as a burned-out taillight or cracked windshield, any one of these or other offenses can result in a motorist being stopped. Of course, suspicious driving patterns, such as drifting across the centerline or weaving in ones lane, will also tip off an officer to the driver’s state of impairment.
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March 3, 2011

NJ Drunk Driving Defense News: Marijuana DUI Arrests Likely to Rise as Police Crack Down

by Jonathan F. Marshall

If you thought drunken driving was only for motorists caught while operating under the influence of beer, wine or hard liquor, you may want to take a step back and consider the growing number of headlines talking about drug DUI. Being arrested for driving while intoxicated used to mean an alcohol-related DWI, but with the increasing use of prescription medications and illegal drugs, such as cocaine and marijuana, police nationwide are seeing more and more drug-related DUIs than ever before.

As a New Jersey DWI defense lawyer, I and my staff understand the finer points of the law pertaining to drunk driving, breath test refusal and underage drinking offenses. Whether you live in Ocean, Monmouth or Middlesex County, there is always a possibility that you or a family member could be pulled over for drunk driving. And while alcohol used to be known as the drug of choice, weed or cannabis has apparently been waiting in the wings to make its debut.

According to a news story not long ago, courts and law enforcement agencies around the country are cracking down on drivers who allegedly operate their cars and truck under the influence of marijuana. In what it calls a growing problem, marijuana DUI may become as large a problem for police departments across the nation as alcohol-related drunken driving once was.

In fact, a study by the National Highway Traffic Safety Administration (NHTSA) earlier this year indicates the number of pot-related traffic accidents has been increasing annually since 2005.
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February 28, 2011

New Jersey Marijuana Defense: Did Police Find Weed in Your Car? Better Contact an Experienced Attorney

by Jonathan F. Marshall

With more and more states voting to allow medical marijuana sales in cities and towns across the country, the opportunity for DWI and drug DUI arrests involving the possession of weed (or cannabis) has become much more real. Because of the increasing use of hash as a medicinal drug, the lines are getting blurred between what is and what isn’t legal. Pot, as many will point out, is still illegal without a doctor’s prescription in states that allow it, but even in those that do, local laws may leave legitimate users feeling vulnerable.

It’s no secret that regardless of whether or not a state has passed medicinal marijuana laws, law enforcement agencies will still be pulling motorists over who may possibly be impaired due to driving while under the influence of a controlled dangerous substance (CDS) such as marijuana or cocaine.

Regardless of whether a driver is impaired due to smoking pot (drug DUI), or because of alcohol consumption (DWI), or just falling asleep behind the wheel, a police officer will still be looking for those telltale signs of possibly erratic driving. Using a simple traffic or defective equipment offense as a justification for the traffic stop, a patrolman may then notice that the driver is exhibiting impaired behaviors.

Marijuana is one of the more common drugs in use around the Garden State and as such arrests for marijuana possession in a motor vehicle are relatively common occurrences. Possession in a vehicle is a chargeable offense that usually requires the services of a qualified New Jersey drunk driving or DUI defense lawyer.

The questions that anyone charged with marijuana possession in a vehicle should ask themselves include the following:

Did the patrolman have probable cause prior to stopping me?
Did the officer conduct a proper search of my car (or my person)?
Can a municipal prosecutor actually prove possession or control of the marijuana discovered by the police?
Did the police maintain a proper “chain of custody” and testing of the alleged marijuana?

February 26, 2011

Garden State Municipalities Turn to Social Network Sites to Discourage Drunken Driving

by Jonathan F. Marshall

We’ve discussed this before, but anyone who wishes to maintain the respect of their family, peers and business associates should be very sensitive to the potential embarrassment that a drunken driving conviction can bring upon them. Reputations, friendships and marital relationships have been torn apart following a DWI arrest and subsequent conviction.

And it doesn’t really matter where in the Garden State you live, be it Morris, Middlesex, Ocean or Atlantic County, being pulled over and hit with a summons for driving under the influence is no laughing matter, especially to well established and respected members of the community. As New Jersey drunk driving defense attorneys, we have seen how a conviction for driving while intoxicated can impact multiple offenders as well as first-time DWI arrestees.

While most people would agree that a conviction for drug DUI, such as marijuana use, could certainly result in complications at work or school, even a DWI for consuming beer or wine can result in unforeseen consequences. To make things worse, municipalities around the country are looking at social networking sites, such as Facebook, to publish names and photos of drunk driving offenders.

February 24, 2011

Police Blotter: Drunk Driving and Drug DUI Arrests in Bridgeton, New Jersey

by Jonathan F. Marshall

Visit any county in the Garden State and you will find a fair number of drunken driving arrests on a weekly basis. Whether you live in Hudson, Somerset, Mercer or Atlantic County, the stories are quite similar, though the circumstances and facts of each DWI case are unique.

It’s important to reiterate that most arrests for impaired driving begin with a seemingly minor traffic offense, such as failure to maintain lane, improper turn or even a broken tail lamp. While the initial traffic stop may have been for a minor infraction, that event can lead to the police officer noticing evidence of alcohol consumption, such as an empty beer bottle or wine cooler. The patrolman may also detect the odor of alcohol on the driver’s person, which can then begin the process of a DWI or DUI arrest.

As New Jersey drunk driving defense attorneys, I and my staff of experienced lawyers represent motorists accused of operating motor vehicles under the influence of alcohol, prescription meds, and even illicit drugs, such as marijuana and cocaine. The following police arrest blotter entries illustrate the kinds of DWI and drug DUI arrests that take place all across New Jersey throughout the year.

Illegal Immigrant Arrested for DUI
Arriving at the scene of a Saturday morning traffic accident at the corner of Giles and Academy Streets, police found a 22-year-old man in the driver’s seat of a Ford Explorer trying to restart the SUV which had apparently plowed into the back of another passenger vehicle. The Ford was also on the sidewalk Flores was attempting to restart the vehicle.

Apparently under the influence, Police removed the man from the vehicle. Continuing to question the individual, the officers determined that he was also in the country illegally. Officers arrested the driver and charged him DUI. He also received summonses for driving without a license, reckless driving and failure to wear a seatbelt.

He was ultimately released on the DUI charge, but was sent to the Cumberland County Jail on an ICE (Immigration and Customs Enforcement) detainer.
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February 22, 2011

Middlesex County, NJ, Drunken Driving News: New Jersey Bar Patron Hits Police Cruiser, Gets DWI

by Jonathan F. Marshall

All things considered, if a motorist is going to be stopped for drunk driving in the Garden State, if and when it does happen it’s advisable not to have that arrest be in conjunction with a traffic accident. Coupling a DWI or drug DUI arrest with property damage, or worse, injuries and/or fatalities, makes a drunken driving defense that much more complicated.

As New Jersey DWI defense lawyers, I and my colleagues know the law as it applies to driving while intoxicated, regardless of whether the charges involve alcohol, prescription meds or illicit drugs such as cocaine or marijuana. As a former municipal prosecutor, I have a deep understanding of the strategies and procedures used by prosecuting attorneys against drivers accused of operating a vehicle under the influence.

Impaired driving is actually quite common in Bergen, Union, Ocean and Mercer County, not to mention most other jurisdictions across the state. One thing that most people would likely agree on, however, is that hitting a police car while allegedly drunk is not a good idea. Doubly so, hitting a patrol car while leaving a bar would be at the top of our list of things not to do after drinking any amount of beer, wine or hard liquor.

February 20, 2011

New Jersey Drunk Driver Convicted of 2009 DWI Traffic Death of 22-Year-Old Man

by Jonathan F. Marshall

Traffic deaths occur with alarming regularity here in New Jersey, many of these crashes occur as a result of alleged impaired driving. State police and municipal law enforcement officers are constantly patrolling Garden State highways and surface streets looking for drivers who may be operating a motor vehicle while under the influence of alcohol or prescription medication.

Representing motorists involved in drunken driving arrest in Ocean, Bergen, Passaic and Monmouth County, I and my staff of experienced drunk driving lawyers understand the circumstances that can lead to a DWI or drug DUI arrest. Whether the charges are legitimate depend on the individual situation and the evidence that the prosecuting attorney has at his or her disposal.

When it comes to fatal drunken driving accidents, the police and the courts are not likely to be sympathetic to an accused driver in light of a DWI crash that has killed another individual. While each case is different, driving while intoxicated and causing an injury accident or fatal crash is not something anyone wants to happen to them.

February 18, 2011

DWI Law Update: Field Sobriety Testing Procedures for New Jersey Motorists Suspected of Driving while Intoxicated

by Jonathan F. Marshall

Understanding what can occur during a routine traffic stop can be very useful for drivers who may have had some amount of beer, wine or hard liquor prior to getting behind the wheel of their car or truck. By learning the procedures used by police officers when facing a possible DWI suspect a motorist may be better prepared for the subsequent steps of a drunken driving arrest and possible conviction.

As a New Jersey DWI defense lawyer, I can say that nobody looks forward to a drunk driving conviction on their record. Yet, this is certainly a risk when any driver, regardless of past history, attempts to operate a motor vehicle after having consumed even a small amount of alcohol. And don’t forget that prescription medication has been known to cause impaired judgment as well, which explains why drug DUI arrests continue to make the headlines across the country.

As the saying goes, “Knowledge is power,” especially where the law is concerned. An arrest for DWI, drug DUI or even marijuana possession in a motor vehicle can be just the beginning of a long and costly process for many drivers. Regardless of the reasons — be it excessive alcohol consumption, a bad reaction to prescription meds, or the so-called cocaine hangover — being pulled over by a New Jersey state trooper or local police officer can be the beginning of the end to a previously clean driving record.

Before being charged with DWI or drug DUI, a motorist may not even be suspected of driving under the influence by the officer in charge. Still, policemen are trained to detect the telltale signs of drunken driving behavior, so the suspicion may already exist. However, for a DWI stop to be legal the officer must stop the motorist an actual traffic infraction, such as failure to signal a lane change or having a broken taillight. This kind of offense is usually the initial cause of traffic stop that could end up in an actual DWI arrest.

The well-known field sobriety test is an important tool employed by police officers all around the country to determine if a driver is possibly impaired due to alcohol or drug use. Failing to pass one or more of a variety of tests can become one of several pieces of evidence that a municipal prosecutor can present to the court as proof that a driver was impaired at the time of the initial traffic stop.
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February 16, 2011

Burlington County Man Indicted for Fatal Drunken Driving Crash that Killed Two People

by Jonathan F. Marshall

Regardless of whether you live in Burlington, Ocean, Monmouth or Passaic County, being charged with DWI where others were injured or killed can be quite serious. As New Jersey runk driving defense lawyers, I and my staff are concerned with representing those individuals who have been arrested for driving while intoxicated, either by alcohol or a controlled dangerous substance (CDS), such as prescription medication, marijuana or other illicit drug.

In some cases, a charge of operating a motor vehicle while under the influence of alcohol or drugs (Drug DUI) can be combined with other serious charges, like vehicular homicide or assault by a motor vehicle. Unlike being arrested in connection with a minor traffic violation, these kinds of offense — fatal DWIs and drug DUIs — bring with them serious consequences if the defendant is convicted.

Such a case was initiated against a resident of Maple Shade, NJ, following a fatal car crash back in 2009. According to reports, 28-year-old Steven Ford was indicted not long ago by a Burlington County grand jury for the deaths of two people in Mount Laurel. In that crash, police charged the man with intoxicated driving in addition to two counts of first-degree aggravated manslaughter, two counts of second-degree vehicular homicide, and one count of fourth-degree assault by auto.

According to news reports, the fatal car accident took place on a Sunday afternoon along a stretch of Rte 38. Police reports indicate that Ford was driving his pickup truck in a westerly direction on Rte 38 at an allegedly high speed just prior to losing control fo the vehicle. The truck allegedly hit the curb of the grass center median, which caused the vehicle to be launched into the eastbound lanes of traffic. The pickup crashed into a sport utility vehicle and then a box truck.
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February 13, 2011

NJ Drunk Driving News: Stiffer DWI Penalties May Not Discourage Motorists Who Drive While Intoxicated

by Jonathan F. Marshall

While some may say that we are still in the dark ages of combating drunken driving on New Jersey’s roadways, others argue that DWIs and drug DUIs have been reduced to acceptable levels. Few will agree exactly on the course to take from this point on, but as a New Jersey drunk driving defense lawyer, I’d say it’s a fair assumption that many of the motorists arrested for driving under the influence of alcohol or prescription medication would never have considered themselves impaired.

Of course, that doesn’t mean that some drivers have broken the law knowingly, but these days quite a few individuals find themselves on the receiving end of a drunken driving summons or even arrested for operating a motor vehicle while intoxicated. Whether one is expecting to be charged with DWI or not, there are very stiff penalties for driving drunk in the Garden State.

Recently, critics are claiming that after years of increasing fines and penalties, as well as public awareness campaigns, sobriety roadblocks and saturation patrols, there appears to have been little decrease in the overall number of DWI and DUI arrests on New Jersey’s roadways.

In 2009, there were reportedly 27,838 drunken-driving arrests in this state, fewer than any year in the entire decade now past. According to statistics from the New Jersey State Police, that figure represents a three-percent decline from the previous year. Based on information from various government authorities, the number of drunken driving arrests has held pretty much at the same level for nearly 10 years. The peak, according to news reports, occurred in 2007 when arrests nearly hit 30,500.

Federal grant monies are constantly being funneled to state and local police departments across New Jersey totaling millions of tax dollars to put more police officers on the street over the holidays. Although the idea is to crack down on drunk drivers, some say these DWI campaigns only scare off responsible adults and hurt local businesses such as restaurants and other establishments that serve alcohol.
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