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September 22, 2010

New Jersey DWI News: Traffic Deaths Fall to 1950 Levels; Authorities Credit Enhanced Drunk Driving Enforcement

As a former New Jersey municipal prosecutor, I can respect the lengths to which our state and local municipalities go to reduce traffic fatalities. According to a new study released out of the nation’s capital, law enforcement agencies across the country have some good news to crow about: Highway deaths have dropped to their lowest levels in 60 years.

Of course, as a New Jersey drunken driving defense attorney and DUI lawyer, I know that many times the police just don’t have the evidence to prove that a motorist has been driving while intoxicated. There should always be a balance between public safety and individual rights, which is why I always tell people to fight what they believe to be a faulty arrest for driving under the influence of alcohol, Marijuana or prescription drugs.

According to a recent news article, New Jersey law enforcement officials have credited various enforcement technologies coupled with strict DWI and drug DUI patrols and checkpoints, among other techniques. The story coming out of Washington, D.C., indicates that deaths on our public roadways have drastically fallen to levels not experienced since the ’50s.

September 16, 2010

NJ Drunk Driving News: Out-of-State Motorist Pleads Guilty in Fatal Lower Township DWI Case

by Jonathan F. Marshall

According to news reports, anout-of-state driver charged in the drunk driving death of a driver from Lower Township, NJ, has pleaded guilty to that 2009 fatal crash. In addition, court records show that the defendant, 38-year-old John J. Lawless, had been charged with driving under the influence a total of eight times over the course of 13 years.

As a New Jersey DWI defense lawyer I know how serious a fatal drunken driving or drug DUI charge can be. In this case, the defendant was arrested after his vehicle struck another car driven by 50-year-old Frederick Shelton in September of last year.

Police reports show that Shelton’s vehicle was going southbound along Route 9 near Bennett’s Crossing, NJ, in Lower Township when Lawless’ vehicle came across the roadway’s centerline and smashed into Shelton’s car. Emergency responders arriving at the site of the crash pronounced Shelton dead at the scene.

September 14, 2010

New Jersey DWI News: More Hollywood Stars, Entertainers Being Arrested for Driving Under the Influence

by Jonathan F. Marshall

It seems that we hear and read more and more of famous movie and TV stars, musicians and other notable personalities being arrested for drunken driving. As a New Jersey DWI defense lawyer, my job is to assist motorists arrested for and charged with driving under the influence of alcohol, prescription drugs and sometimes even illicit, or controlled and dangerous substances (CDS).

Driving while intoxicated can put a substantial dent in both your wallet and your lifestyle. There is no reason why an individual accused of drunk driving should automatically assume they have no recourse. Sadly, it seems that the rich and famous get more of a break than the average person, but with the supposed increase in offenses, this too could change.

According to a recent article, more big names are having their photos taken at the local police department instead of on the red carpet. In fact, over this past summer Chris Klein, star of “American Pie,” “Melrose Place” star Amy Locane and Vince Neil of Motley Crue have ranked among the newest inductees in the drunk drivers’ hall of fame. They join veteran drunk driving arrestees Paris Hilton, Lindsay Lohan and Nicole Richie in a growing list of famous, or infamous, DWI and DUI offenders.

September 12, 2010

NJ DWI Defense Update: New Jersey Drunk Driving Arrests Have Many Steps Before Possible Conviction

by Jonathan F. Marshall

Whether you live in Red Bank or Newark, Atlantic City or Trenton, as a New Jersey motorist you always have the potential to be stopped for one of dozens of traffic violations by a the state police or of any of the hundreds of county and municipal law enforcement officers across the Garden State. In fact, every drunken driving or drug DUI conviction begins with an arrest, usually arising out of a routine traffic stop.

Most drivers should understand that for a DWI traffic stop to be valid it must be backed up by what state law defines as “reasonable suspicion” that the driver of a car, truck or other motor vehicle has actually committed a traffic violation. As New Jersey drunk driving defense attorneys, I and my staff of experienced DWI defense lawyers make it our job to assist individuals accused of DWI (also known as driving while intoxicated), prescription drug DUI, or even marijuana possession in a vehicle.

Initial Traffic Stop
In State v. Carpentieri, the New Jersey Supreme Court ruled that a patrolman must have an “articulable and reasonable suspicion” that a traffic law violation has been committed before he can even consider effecting a drunken driving traffic stop. Additionally, once a driver has been pulled over, state law says that the police officer must have probable cause before he can make an arrest and subsequently conduct a breathalyzer test. When we say probable cause, it means cause to believe that the motorist is in fact operating his or her vehicle in an intoxicated condition.

Please keep in mind that at no time during this early stage of a DWI arrest does a driver have the right to advice from counsel. Even an experienced DWI lawyer will be of absolutely no help at that particular point in time.

Arraignment
The second step following a DWI or DUI arrest, which can also include breath test refusal, is the arraignment of the subject. As part of this step, the motorist receives a Complaint. The defendant makes his initial appearance at arraignment where the court informs him of the charges. Simultaneously, the defendant is also told of his rights under New Jersey state law, after which he will enter a plea of guilty or not guilty.
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September 10, 2010

NJ Drunk Driving Defense News: Bergen County DWI and Drug DUI and CDS Arrests

by Jonathan F. Marshall

As a New Jersey DWI defense attorney, my law offices have a vast amount of experience handling a wide variety of drunken driving, marijuana possession in a vehicle, and drug DUI cases throughout the Garden State. The following is just a sample of the typical police arrests in the Bergen County area that happen every month. These can include driving under the influence of alcohol or controlled dangerous substances (CDS), breath test refusal and possession of cannabis (or weed) in a motor vehicle.

East Rutherford

A 41-year-old man was stopped by police after being caught on radar doing 82mph in a 55mph speed zone. The incident occurred just after 10pm when ERPD officers saw a 2000 Hyundai traveling at a high rate of speed. Following the traffic stop, the driver apparently told officers that he had several drinks previous to taking the wheel. Police reportedly administered field sobriety tests, which the suspect failed, according to police reports. A breath test indicated that the man’s blood-alcohol content (BAC) was 0.17 percent — twice the legal limit. The driver was arrested and charged with drunk driving, careless driving and speeding. He was subsequently released to a responsible party.

September 8, 2010

Drunk Driving Defense Update: Never Assume a DWI or DUI Arrests Always Leads to Conviction

by Jonathan F. Marshall

When a motorist is pulled over in New Jersey for a routine traffic violation the opportunity does exist for a drunken driving arrest or summons. Depending on the circumstances — whether an individual is coming home from a night out with one’s spouse, following a party at a friend’s home or after a casual gathering at a local pub or drinking establishment — it is possible for police to judge that a driver is impaired due to some amount of alcohol consumption.

Whether you’re driving in Union County, Bergen County or Middlesex County, the opportunity for a DWI or prescription drug DUI is always there. But is being arrested or receiving a summons for driving while intoxicated really a “done deal.” Not always.

When I and my colleagues, all professional New Jersey drunk driving defense attorneys, approach a client’s case, we use our years of experience to decide whether or not to petition the court to dismiss the charges against a motorist, or at least reduce those drunk driving charges to better match the particular circumstances.

As a former municipal prosecutor, I understand the mindset and strategy of the state’s representatives. This is why I always suggest to people who face a drunken driving charge, consider carefully whether or not you want to face the court without representation. An experienced DWI lawyer can be a great benefit, especially for drivers facing penalties for a drunk driving arrest or DUI charge for the first time.

And never, ever assume that nothing can be done. This is not only defeatist on its own, but most drivers don’t know that they might be able to improve their chances until they speak with an attorney. A good lawyer will examine all the facts pertaining to a DWI traffic stop. Understanding the details, such as whether there exists proof of intoxication or if a blood or breath test was performed correctly or is even accurate, allows a DWI lawyer to form a viable defense for his or her client.
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September 5, 2010

Husband of ‘Real Housewives’ Star Giudice Gets Reduced Sentence after Montville Drunk Driving Arrest

by Jonathan F. Marshall

Whether it’s Snookie, Lindsay Lohan, Mel Gibson or any number of other famous personalities who have a little too much to drink, drunk driving and other traffic and civil offenses are not limited to the television screen. Not long ago, the husband of reality TV star Teresa Giudice (of ”Real Housewives of New Jersey” fame) apparently made a somewhat successful appeal after deciding to fight court-ordered penalties following his conviction for a DWI offense in Montville, NJ, early this year.

As a New Jersey defense attorney who represents motorists charged with driving under the influence of alcohol, as well as drugs, I and my colleagues understand state and local laws pertaining to individuals arrested for drunken driving throughout the Garden State.

According to recent news articles, Teresa Giudice’s husband apparently received a reduction in the penalties following an appeal from an earlier drunken driving arrest. Based on reports, a Superior Court judge substantially cut the various penalties that Giuseppe ”Joe” Giudice faced after a March DWI hearing in Montville Municipal Court.

August 31, 2010

Middle Township, NJ, Resident Faces DWI Charges following Accident that Seriously Injured Passenger

by Jonathan F. Marshall

A New Jersey driver was arrested for driving under the influence of alcohol after the vehicle in which he and another man were traveling crashed on Route 47 early on a Sunday morning. According to news reports, the accident occurred in Middle Township when 21-year-old Ryan Simcox of the township’s Rio Grande area apparently lost control of the vehicle.

As a result of the accident, Simcox’s passenger was thrown from the car. Based on police reports, 25-year-old Steven Adams was ejected from the vehicle when it crashed just before 3am near the Sonic restaurant at the Grande Center. The Whitesboro resident was thrown to the pavement and reportedly received serious injuries.

As a New Jersey drunk driving defense lawyer and former municipal prosecutor, I understand the complications that such an accident can cause to a DWI defense case. In this case, an eye witness told police that the driver was speeding through a parking lot, allegedly accelerating as he ignored several stop signs prior to losing control and driving through a safety fence and then into a ditch. The witness was reportedly a night watchman for a nearby Lowe’s store.

August 27, 2010

New Jersey DWI Alert: Drunk Driving Enforcement Increases around NJ for Labor Day Holiday

by Jonathan F. Marshall

With the coming holiday weekend police agencies around the Garden State will be on a heightened alert for partiers and other people driving while intoxicated between picnics and family gatherings. Regardless of the bad economy, drunken driving arrests and summonses are certain to increase in the next couple weeks.

As a New Jersey DWI defense attorney and drunk driver lawyer, my job is to help motorists who have been arrested by state police, municipal patrolmen and other law enforcement personnel for DWI and drug DUI traffic offenses. Many of these arrests occur at so-called sobriety checkpoints, which are frequently set up throughout the New Jersey area.

As part of the upcoming drunk driving enforcement campaign, known as “Over the Limit, Under Arrest,” police units have taken to the streets in an effort to cut the instances of driving while under the influence of alcohol or prescription drugs.

August 24, 2010

NJ Drunk Driving Defense News: Police Must Read Suspected DWI Offenders Instructions in Native Language

by Jonathan F. Marshall

When it comes to drunken driving arrests, police agencies all across New Jersey are now required to give instruction to DWI suspects in a language they can understand. The latest change in police procedures as they apply to drunk driving offenders is a result of a July decision by the New Jersey Supreme Court.

The Court’s 4-3 ruling on July 12 states that patrolmen must now communicate to a motorist suspected of driving under the influence of alcohol in a language that he or she understands that they are required under the law to submit to a breathalyzer test to determine blood-alcohol content (BAC).

The downside from a drunk driving defense standpoint is that this new requirement will likely reduce the opportunities for appeals, according to some law enforcement professionals.