Uncategorized

August 18, 2010

New Jersey Drunk Driving News: Man Charged with DWI after Crashing Into Pickup Truck

Something that seems to go hand in hand with intoxicated driving are traffic accidents. As a New Jersey DWI defense lawyer, I and my associates know that moving violations and property damage usually don’t help when it comes to defending an individual against a drunk driving charge. The bottom line is, few if any police officers, prosecutors or judges will look kindly on a motorist who not only allegedly drove under the influence of alcohol, but may have caused an accident or injuries while doing so.

And don’t think that injuring yourself will gain you any sympathy in traffic court. The authorities maintain a dim view of anyone who gets behind the wheel of a motor vehicle while impaired due to alcohol, prescription drug or illegal drug (CDS) use. When in doubt, save yourself the headaches and call a cab, a good friend or a family member to drive you home.

A recent news article shows what can happen to a driver who may have had a bit too much to drink. According to reports, a Lower Township resident was charged with driving while intoxicated and then causing a traffic accident out in Middle Township.

August 15, 2010

New Jersey Drunk Driving Update: Reasons and Procedures for DWI-related Field Sobriety Testing

by Jonathan F. Marshall

Knowing what to expect following a drunken driving traffic stop may help some individuals prepare themselves for the next steps in the DWI arrest and conviction process. Of course, nobody wants to have a drunk driving conviction on their record, but this is always a risk when a motorist who may have had too much to drink is stopped for erratic driving or some other seemingly minor traffic offense.

As a New Jersey DWI defense attorney, I feel that knowledge is power especially when the law is concerned. A drunk driving arrest or summons is just the beginning. Whether the reason is excessive alcohol consumption, a reaction to prescription drug use, or illicit drug or marijuana use, being stopped by a law enforcement officer can spell the end of a clean driving record. And, being taken into custody for driving under the influence can signal the beginning of a lengthy and potentially costly episode in a person’s life.

Prior to being charged with drunk driving, a motorist may not even be suspected of it at first. However, in many cases, a patrolman who is trained to detect drunken behavior may already suspect that a driver is operating his or her vehicle while impaired. Stopping the motorist for a simple yet justifiable traffic infraction is the opening move toward a full-blown DWI or drug DUI arrest.

Field sobriety tests are a key tool that law enforcement professionals use to determine possible inebriation. Failure to pass one or more of these tests can become one of numerous pieces of evidence that the state can present as proof that a driver was, in fact, impaired by drugs or alcohol at the time of the arrest.

These can be administered on the roadside following a traffic stop or in a location where drivers are being checked for drunkenness, such as a sobriety checkpoint or roadblock. They include:

A) Horizontal gaze nystagmus B) Walk-and-turning test C) One-leg standing test Continue reading

August 12, 2010

New Jersey Drunk Driving News: Morris County Police Blotter DWI Arrests and Summonses

by Jonathan F. Marshall

East Hanover, New JerseyA 35-year-old Elmwood Park woman was issued a summons for drunk driving as well as leaving the scene of an traffic accident after she reportedly hit another vehicle along Rt. 10 near the Algonquin Pkwy early last month. A Hanover police officer as well as several other patrolmen from East Hanover were called to the scene of the accident where the driver was arrested on the spot and taken to headquarters for a breathalyzer test. According to news reports, the woman refused to take a blood-alcohol content (BAC) test at the police department, after which she was issued additional summonses for refusal to submit to a breath test, careless driving, reckless

driving and failure to report a motor vehicle accident.

A Brooklyn, NJ, woman was arrested on charges of marijuana possession in a vehicle early on a Sunday morning. The patrolman at the scene saw the driver apparently smoking pot in a parked vehicle at Summerfield Suites. While undergoing processing at the headquarters, officers were alerted to the fact that the driver was also wanted on a $350 Alpine warrant for failing to appear on a previous motor vehicle charge. The driver posted bail after being charged with possession of marijuana and a motor vehicle summons for possessing a drug in a motor vehicle.

August 9, 2010

New Jersey DWI News: Labor Day Means More Sobriety Checkpoints and Increased Drunk-driving Patrols

by Jonathan F. Marshall

As a New Jersey DWI defense attorney, I usually tell people arrested for drunk driving (or issued a summons for DWI, Drug DUI or other CDS-related traffic offenses) to seek the services of a qualified drunk driving lawyer. One of the more likely times to be stopped for driving while intoxicated is during seasonal DWI crackdowns where police used increased drunk driving patrols and sobriety checkpoints or DWI roadblocks to catch unsuspecting drivers who made the mistake of driving after drinking an alcoholic beverage.

According to news reports, law enforcement personnel from Lower Township will be on the alert for drunken driving violators as part of this summer’s “Over The Limit, Under Arrest” Campaign. Commencing August 20 and running until September 6, state and local police officers will be setting up sobriety checkpoints and operating what are referred to as “saturation patrols” as they seek out and arrest motorists who could be driving under the influence of alcohol or prescription drugs.

This is reportedly part of a national campaign to increase awareness of the dangers of driving drunk by using what authorities call high-visibility enforcement. The campaign also utilizes public education in the form of posters, banners and mobile video display signs.

August 6, 2010

NJ Drunk Driving Update: How a New Jersey DWI Arrest Affects Out-of-State Motorists Caught Driving Under the Influence

by Jonathan F. Marshall

Being pulled over by a policeman in New Jersey while driving under the influence of alcohol can be just the beginning of a difficult and costly episode in one’s life. Getting pulled over for DWI while visiting or just passing through the Garden State can mean a variety of things, not the least of which is denial of that individual’s right to operate a motor vehicle in this state.

As a New Jersey lawyer dedicated to defending individuals arrested for DWI, DUI or breath test refusal, I understand how easily a driver can end up with a drunk driving conviction on his or her record. As a former municipal prosecutor, my knowledge of the state’s procedures gives me better insight into the process and potential outcomes.

For out-of-state drunken driving offenders, the end result is dependant on a number of factors. Regardless of the circumstances however, being convicted of driving while intoxicated either by use of prescriptions drugs or liquor is something you should avoid if at all possible.

While a patrolman may not at first be aware of whether or not a driver has had too much to drink, the officer can stop you for any number of potential traffic violations such as running a red light, making a lane change without signaling or not maintaining ones lane.

New Jersey’s drunk driving laws apply to all motorists regardless of whether or not one is a resident. However, for out-of-state drivers a possible conviction for DWI does not arise as a result of the state where an individual obtained their drivers license. Specifically, when an individual licensed in a state other than New Jersey is charged with a drinking and driving offense here in New Jersey, all that this state can do is enforce the particular DWI, drug DUI and/or refusal charge by limiting that driver’s ability to operate a motor vehicle within New Jersey.
Continue reading

August 3, 2010

New Jersey DWI News: Driver Charged with Drunk Driving had 0.33 BAC Level

by Jonathan F. Marshall

As I’ve said here before, DWI arrests can happen anywhere, not just on a highway or city street. As a New Jersey drunk driving defense lawyer, I have represented motorists who have been accused of drinking and driving in nearly any situation imaginable. And since I have experience as a former municipal prosecutor, I have approached cases from the law enforcement side as well.

Whatever the venue, New Jersey law prohibits driving while under the influence of alcohol, prescription drug, or other substance that causes physical and mental impairment. A recent news article illustrates how anyone can get a drunk driving summons even while sitting in a parking lot.

Based on police reports, an off-duty Middle Township patrolman observed what she believed to be person under the influence of alcohol sitting in a vehicle in the Acme Plaza Shopping center in Cape May Court House, NJ. Calling the situation into the local police headquarters, she was able to wrest the keys away from the driver who was apparently attempting to flee the scene. A uniformed officer arrived who had just ended his shoft for the day responded to help.

July 31, 2010

New Jersey DWI News: Drunk Driving Blamed in Fatal Somerset County Motorcycle Accident

by Jonathan F. Marshall

As a New Jersey drunk driving defense lawyer, I’ll be the first to tell someone that mixing alcohol and motorcycle riding is a recipe for disaster. But sadly, drinking and driving even for seasoned bikers is not uncommon. When someone makes a mistake and takes to the road after having a drink or two, the result can be a DWI arrest at the hands of one of New Jersey’s local, state or municipal law enforcement officers.

A news article not long ago told the story of a dual motorcycle crash that allegedly involved drunken driving. According to reports, three out-of-state riders met in a violent way on Route 78 near Bedminster, NJ, in late June. Police reports indicate that two motorcycles crashed in the early hours on a Sunday morning in northern New Jersey.

The crash, which the New Jersey State Police logged as a DWI-related claimed the life of a woman and left her companion critically injured. The other lone rider was arrested and charged with operating a motor vehicle while intoxicated.

July 28, 2010

Morris County, NJ, Police Blotter: More Arrests for Marijuana Possession in Car

by Jonathan F. Marshall

Anyone considering driving under the influence of marijuana should definitely understand the law here in the Garden State. In fact, anyone who knowingly is in possession of pot, weed or hash while operating a motor vehicle runs the risk of being arrested and charged with a violation of New Jersey law, specifically N.J.S.A. 39:4-49.1 – this is no joke. The cops will arrest you and local prosecutors will push for a conviction.

As a New Jersey DWI and drug DUI defense lawyer, I have years of experience in this area. Having been a former municipal prosecutor, I also know the lengths to which the state will go to secure a conviction. Understanding the prosecution’s tactics, however, helps me to provide an aggressive defense for individuals accused of violation the law.

A news article not long ago detailed a couple arrests out of Morris County. These marijuana possession cases are not unlike those that occur every month throughout the state. Whatever the circumstances, if marijuana is found in your car, the police will usually issue a summons for marijuana possession in a motor vehicle. If found guilty, you could have you driver’s license suspended for a lengthy two-year period with no chance for an special provisions or conditional license. Without the ability to drive, one could lose his or her job over such a conviction.

July 25, 2010

New Jersey DWI Defense Update: Considering the Differences Bewteen Drug DUI and Drunk Driving Cases

by Jonathan F. Marshall

Drunk driving arrests can happen anywhere, anytime. In the Garden State, state police and local law enforcement agencies have little tolerance for motorists who drive while under the influence of alcohol, prescription drugs and, and illicit and illegal drugs (also known as controlled dangerous substances, or CDS).

As a New Jersey drunk driving defense lawyer, I and my staff have vast experience defending drivers accused of operating a motor vehicle while impaired by alcohol or drugs. In fact, it is common for drunken driving charges to be brought against an individual who is suspected of driving under the influence of drugs (also known as DUID). These include but are not necessarily limited to narcotic, hallucinogenic, or habit-forming substances.

It is important to understand also that New Jersey law prohibits driving if a person is impaired by marijuana, cocaine, or other narcotics — which even includes prescription drugs such as morphine. For legal purposes, the standard of proof used to establish a narcotic-based DWI charge has been established in the 2006 court case of State v. Bealor. Furthermore, in State v. DiCarlo, the law actually defines the term narcotic — for the specific purpose of establishing a basis for driving while intoxicated charges here in New Jersey.

July 23, 2010

Bergen County, New Jersey, DWI News: North Arlington Drunk Driving Police Blotter

by Jonathan F. Marshall

Dozens of arrests for drunken driving are performed by New Jersey law enforcement personnel every week in the Garden State. As New Jersey drunk driving defense lawyers, I and my colleagues have seen just about every kind of DWI and drug DUI case, yet nothing surprises us much these days. On any given shift, state police, county sheriff and local municipal police officers pull over and otherwise stop and charge motorists with driving under the influence of alcohol.

From the initial traffic stop to the actual arrest and then performance of a blood-alcohol content (BAC) breath or blood test (to determine if a driver is legally intoxicated), the process of being charged and possibly convicted of drunk driving can be a scary prospect for many people. Beyond simple monetary penalties, a DWI or drug DUI conviction can result in loss of employment and can potentially ruin personal and business relationships. The following accounts of North Arlington drunk driving arrests are typical of those encountered around the state.

Drinking and Parking