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December 10, 2009

New Jersey Drunk Driving Law Update: NJ Appeals Court Confirms Morris County Decision

There is a new breathalyzer standard here in New Jersey, which is likely to have far-reaching effects throughout the state. For DWI cases going forward, a New Jersey Appeals Court has set a new Alcotest standard on December 1, confirmed a decision that states the patrolman who administers a breath test to a drunk driving suspect does NOT need to be the same police officer who witnessed the original DWI violation. As a New Jersey drunk driving defense lawyer, this latest decision only makes it more imperative that anyone accused of driving under the influence of alcohol retain a qualified DWI attorney.

According to news reports, this recent case comes out of Morris County and is good news for the police, as it provides them with more flexibility in their testing practices. Because a 20-minute observation period must be provided before a breath test, in the past this meant that the same police officer had to be off the street for the duration of the testing — Alcotest machines are not portable, so DWI suspects must be brought back to the police station for breath testing.

A lower court had provided for the dismissal of a case against Joel Ugrovics in July of 2008. At that time, Ugrovics was stopped for speeding and eventually arrested for DWI. The person who operated the Alcotest machine was not his arresting officer. He provided a sample that showed his BAC to be 0.13 percent. However, Ugrovics pointed to a Supreme Court ruling regarding Alcotest procedures to show they were not followed in his case.

December 8, 2009

NJ DWI News: Drunk Driving Patrols Increased Across New Jersey through New Years

by Jonathan F. Marshall

The coming holiday season is well known for its parties and family gatherings, and despite the poor economy drunk driving arrests are sure to surge during the next few weeks. In response, New Jersey DWI enforcement units are taking to the streets in an effort to reduce the instance of driving while intoxicated. As leading drunk driving defense lawyers, my firm has experience in a wide range of DWI and drug DUI defense. Recent news of the “Over the Limit, Under Arrest” campaign is evidence that drunk driving patrols will be working overtime in the Garden State.

According to news reports, law enforcement agencies across the state are already conducting saturation patrols and operating sobriety checkpoints, also known as sobriety roadblocks, as part of the nationwide drunk driving campaign. Enforcement will continue, say police, through January 3, 2010.

New Jersey’s Division of Highway Traffic Safety is funding the local initiative, which began in 1999. According to reports, the division provides $5,000 grants to law enforcement agencies to cover overtime for those officers assigned to DWI patrols or checkpoints.

December 6, 2009

New Jersey Drunk Driving News: Driver Arrested for Drug-impaired DWI in Sussex County

by Jonathan F. Marshall

Driving under the influence refers not only to alcohol-related DWI but also to drug-related DUI. Whether a motorist is charged with drunk driving or drug-impaired driving, the penalties following a conviction can be stiff. As a New Jersey drunk driving defense lawyer, I have represented hundreds of motorists whose livelihoods hung in the balance following an arrest for driving while intoxicated.

A recent news story shows what can happen to someone arrested for drug-related impaired driving. According to reports, Hamburg police answered a 911 call on the afternoon of October 31, 2009, where they found the aftermath of a two-car collision at the intersection of

Quarry Road and Route 23.

December 3, 2009

New Jersey DWI Defense News: Recent Police Crackdown Nets Dozens of Drunk Driving Arrests

by Jonathan F. Marshall

Results from a two-week drunk driving sting operation show that more than 1,500 individuals were arrested for driving under the influence of alcohol between August 21 and September 7. The “Over the Limit, Under Arrest” campaign was designed to snare DWI suspects in the weeks leading up to this past Labor Day holiday. As a New Jersey DWI defense lawyer, I and my colleagues represent many of the dozens of motorists accused every week of driving while intoxicated.

The latest report on that pre-Labor Day campaign shows that New Jersey law enforcement agencies all around the Garden State stopped and arrested 1,582 drunk-driving suspects, including 137 in Bergen County and 95 in Passaic County. According to news reports, Bergen County police officers also issued 1,973 summonses for speeding, while Passaic County issued 374 summonses for seat belt violations.

In East Rutherford, however, only two drunk driving arrests were made during the campaign, according to the New Jersey Division of Highway Traffic Safety, although the municipality did issue 74 summonses for speeding.

November 28, 2009

New Jersey Drunk Driving Update: What is the Cost of a DWI Conviction?

by Jonathan F. Marshall

For those individuals who feel that a drunk driving conviction is a minor event, I have news for you. Whatever you call it — drunken driving, driving under the influence, DWI or driving while intoxicated — here in New Jersey there is a wide range of potential outcomes for someone convicted of drunk driving. Almost too many to list right here.

As a New Jersey drunk driving defense attorney, I and my group of legal professionals have represented literally hundreds of clients arrested for DWI over the years. You should know that even under the best circumstances, the personal price of a DWI conviction can be quite devastating. Living with the stigma of a drunk driving conviction on your record can affect a person’s standing in his or her neighborhood, company or professional organization. And there always exists the possibility of job loss, as well as the potential damage that such a conviction can have on familial relationships and those with friends.

Financially, drunk driving is potentially costly, as well. Penalties and fines for second and subsequent drunk driving convictions are certainly large, but even first-time offenders can feel the monetary pain of a conviction. Here are just a few of the typical monetary costs that you could expect to pay for a range of DWI offenses, according to the State of New Jersey (Please remember that jail time/community service could also be included, but is not included here).

November 28, 2009

Monmouth County Conducts DWI Roadblock in Middletown NJ

by Jonathan F. Marshall

Captain Palmer has begun his holiday schedule for the Monmouth County DWI Task Force. The latest site for a sobriety checkpoint is Route 35 in Middletown. We have seen this location used many times in the past and it has obviously been a location of significant drunk driving arrests on prior occasions. The roadblock shall be conducted between 11 p.m. and 3 a.m. this evening and shall be located on southbound State Highway 35.

A location like this one in Middletown is not selected randomly. The police must present statistical data that demonstrates that the site of a roadblock is a particularly problematic location for drinking and driving. This is certainly one of many defenses which our DWI attorneys explore in roadblock cases.

November 24, 2009

New Jersey DWI Law: Potential Impact of Underage Drinking and Driving

by Jonathan F. Marshall

Having defended many minors charged with underage drinking and DWI, I have more than enough experience to state a number of significant facts. As a New Jersey drunk driving defense lawyer, I know that a conviction for underage drinking and driving can make a serious impact on a young person who is just setting out on his or her journey toward adulthood.

The facts are simple: If any person under 21 years is found to have purchased or consumed an alcoholic beverage in an establishment licensed to sell alcohol, that young person could be fined up to $500. Furthermore, the court can order that the defendant lose his or her driver’s license for up to six months.

If you think this doesn’t affect someone who hasn’t even been issued a license, you would be mistaken. Parents themselves should be aware that even if your child does not yet hold a license, if convicted the potential suspension will start as soon as your youngster is initially eligible to receive that license. Just like adults, any young person who violates the state’s underage drinking laws may also be required by the court to attend an alcohol treatment or education program.

November 22, 2009

DWI News: Drunk Driving and Drug DUI Arrests in Bridgeton, New Jersey

by Jonathan F. Marshall

A 40-year-old man from Shiloh Borough was arrested by police on a Sunday evening along Cottage Avenue at Giles Street on the charge of driving while intoxicated. According to news reports, Michael A. Barbera was stopped by police after he allegedly nearly hit a police patrol car in the Bridgeton Villas parking lot. Apparently the driver was backing up and didn’t notice the police car directly behind him.

As a New Jersey DWI defense lawyer, I know that this kind of incident happens all of the time. It doesn’t always result in an arrest for driving under the influence of alcohol, but the potential is there. In this case, it would seem that the officers had sufficient suspicion that the driver was drunk to pull him over.

In such as case, the motorist would be asked to perform a variety of field sobriety tests (as defined by the National Highway Traffic Safety Administration, the NHTSA). If the individual fails these tests then the officer will usually ask the person to submit to a breath test to determine the driver’s blood-alcohol content (BAC). Anything over 0.08 percent and by law that person is legally drunk and can be charged with DWI.

November 20, 2009

Hillsborough Township, NJ, Police Report Three Drunk Driving Arrests

by Jonathan F. Marshall

Police in the township of Hillsborough reported a trio of DWI arrests in mid-October, two of which were drivers from Somerset County; a second was from Mercer County. With six offices throughout the state, my team of New Jersey drunk driving defense lawyers provides representation for many residents across the Garden State. These latest arrests in Hillsborough are typical of the cases we see throughout the year.

According to the township police department, a 60-year-old local man was arrested for driving while intoxicated on October 9 in the parking lot of the Amwell Racquetball Club. News articles show that James Davison was found allegedly drunk in his vehicle by police officers following a report of a car hitting a parked vehicle at the club.

When officers arrived, they found Davison’s car in one corner of the parking lot, with evidence of the collision with another vehicle, as well as two damaged signs near the entrance of the club. The suspect reportedly told the officers that he had drank a fifth of scotch before driving. Davison was charged with DWI, careless driving, leaving the scene of an accident and failure to report an accident.

November 17, 2009

New Jersey DWI News: Worried About Multiple Drunk Driving Convictions?

by Jonathan F. Marshall

As a New Jersey drunk driving defense lawyer, I and my firm have the necessary experience to make the difference in most any DWI, breath test refusal, or drug DUI case. While it might seem that a first-time conviction for driving under the influence of alcohol may not be that serious, think again. Not only are the penalties for a first-time offense stiff, it only make a possible second or third arrest and conviction for driving while intoxicated that much more serious.

Anyone looking at multiple convictions for drunk driving needs the services of a qualified and experienced DWI attorney. Whether an individual has been charged with DWI or drug DUI, the consequences of multiple convictions can be very detrimental to one’s future. Jobs have been lost and families torn apart by the seemingly simple act of driving while impaired. Don’t make a bad situation worse by not taking the proper steps to defend yourself in a court of law.

It’s not uncommon for many people charged with a first-time DWI to go in front of the court by themselves. And although they may have fared better had they sought legal counsel in the wake of that first DWI arrest, there is a potential upside should they be arrested for a future drunk driving violation.