Articles Posted in Underage DWI

Here in the Garden State, motorists are not lacking in choice when it comes to selecting a drunk driving defense attorney to representing their interests following a DWI or drug DUI arrest. Whether it’s a routine traffic stop that results in a summons for impaired driving or multi-car accident that points to a driver being drunk behind the wheel, an unending procession of intoxicated driving and prescription drug-related DUI cases is constantly marching through New Jersey courtrooms almost every day.

As experienced drunken driving defense lawyers, I and my staff of skilled trial attorneys have the legal background and professional experience that brings results. The Law Offices of Jonathan F. Marshall provides clients with legal representation in cases involving drunken driving, drug-impaired vehicle operation, possession of illegal or controlled dangerous substance (CDS), and breath test refusal, just to name a few.

Especially here in New Jersey, where stiff DWI fines and other penalties await those convicted of driving while intoxicated, there is a large number of anti-drunk driving road patrols and sobriety checkpoints (also known as DWI roadblocks) that occur on a regular basis, both in the summer months and at various times during the year when a major holiday suggests a higher-than-normal frequency of drunken drivers on the roadways.

While it’s easy to fall back on the old saying that “kids will be kids,” keeping today’s youth on the straight and narrow seems to be quite a job for parents these days. While many adults may have engaged in similar antics growing up in here in the Garden State, once they have children of their own it seems that the things that went on during the good ol’ days are no longer acceptable today.

As New Jersey DWI defense attorneys, we often see minors of driving age who have been caught operating a motor vehicle while under the influence of alcohol. As youngsters, these individuals are generally less familiar with the affects that alcohol can have on a person. As a part of youthful experimentation, whether one accepts the practice or not, there is always a chance that a teenager or even a pre-teen may get in over his or her head. And it’s most any parent’s nightmare.

Like it or not, as long as alcohol is legal for sale to adults, there will always be some kids who try to get hold of some beer, wine or hard liquor. However, the laws in this state do not allow for anyone under the age of 21 to buy, possess or consume alcohol. Here in New Jersey, imbibing alcohol before the age of 21 carries with it potential penalties that not only affect the youngster in question, but also any adult who made that alcohol available to him or her.
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Ever known someone who was arrested for driving while intoxicated? Yes, well join the club. No? Just give it a little time. Here in the Garden State, drunken driving seems to be a common activity, as is being arrested for same. One thing is certain; wait a few days and you’re bound to hear about yet another person charged with DWI, or driving while impaired by prescription drugs or illegal substances.

The list of possible charges is not particularly long, but the reasons why motorists get stopped for a seemingly insignificant moving violation or traffic infraction and then go on to be taken into custody by police — then charged with an alcohol or drug-related offense — are many and varied. As a former municipal prosecutor-turned-defense-attorney, I began this law firm to help fight for people who have been accused of DWI-DUI.

One only has to look at the news each day to see the numerous instances of New Jersey motorists being slapped with single and even multiple charges of driving while intoxicated, breath test refusal, impaired driving, possession of illegal drugs or drug paraphernalia and other serious traffic-related offenses. The following are just a sampling of incidents that took place in Union County not too long ago:
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Sure, we were all young once… and who of us didn’t make at least one questionable decision in their early years? Kids are kids, for Pete’s sake; and if you’re going to make a misstep sometime in your life, childhood or thereabouts is probably the best time to do it, right? Most childhood antics can get a kid in trouble, but buying or pilfering alcohol and then drinking it as a minor, well, that tends to get mom and dad’s attention… really fast!

All kidding aside, having one’s minor child arrested for underage drinking, or worse, underage DWI is a serious issue that needs immediate attention, preferably with the assistance of an experienced and knowledgeable drunk driving defense attorney with proficiency in the area of handling underage drinking and alcohol possession cases. As a former municipal prosecutor, I have had the opportunity to work both sides of the aisle when it comes to DWI and drug DUI trial law.

Understanding that a teenager or minor child who is charged with underage drinking, and especially DWI, is nothing to fool around with is the first step to dealing with the incident. We all know that kids get into trouble from time to time; but parents who want the best for their children know intrinsically that a youngster who is caught with alcohol or who has been arrested for operating a motor vehicle while under the influence is complicating his adult life usually with little or no knowledge of the future consequences.
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There’s little defense for poor decisions made in haste. Whether that applies to being pulled over for a minor traffic infraction, leading to a DWI or drug DUI summons; or if its making the wrong choices heading into a court hearing on a charge of driving while intoxicated, a poor decision in either instance can lead to license suspension, steep fines and penalties and even the loss of one’s job or standing in the community.

Regardless of the circumstances, never assume that a qualified DWI defense attorney is not worth talking to, at the very least to more completely understand your rights as well as the possible outcomes of a DWI or DUI case. As a defendant, knowledge is power. An experienced drunken driving lawyer has the skills and knowledge it takes to negotiate legally in a courtroom setting.

The loss of one’s driving privileges is nothing to ignore, especially if you absolutely need a car to get to work or school. The loss of mobility can not only be a burden on family and friends, who may be asked to help get a convicted drunk driver here and there, but it can affect one’s ability to find a job or even to hold on to one. Before walking into a courtroom unprepared for the consequences, consider a consultation with a qualified legal professional well versed in drunk driving law.
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It’s a question that has apparently been answered, at least for the time being; the New Jersey Supreme Court overwhelmingly ruled to maintain Kyleigh’s Law (otherwise known as S2314), which requires drivers under 21 years of age with a permit or probationary license to display red detachable decals on their vehicle’s front and rear license plates. The law, which went into effect back in May 2010, is intended to help police better know the age of a particular driver in order to enforce driving laws that prohibit certain novice drivers from operating a vehicle either late in the evening or with other occupants in the car.

As New Jersey drunk driving attorneys, we understand the need for safety on our streets, put we also understand how writing additional driving restrictions into our state law can raise questions of whether every piece of legal regulation actually makes our roadways safer. In this case, S2314 was criticized by many people as being counter-productive, if only because the required stickers could allow sexual predators to single-out youngsters on the road.

While news articles at the time of the Court’s opinion indicated that only one instance of a teenager being targeted by a sexual predator had actually occurred, the Insurance Institute for Highway Safety (IIHS) did its own study and found that, in general, the law was not that popular and had not increased compliance by young motorists with the Garden State’s laws affecting driving permit holders and those with provisional (now probationary) licenses.
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With more than 600,000 residents, Monmouth County is one of the most populous counties in the Garden State, with Middletown Twp. being the largest community within the county. As New Jersey drunken driving defense lawyers, we don’t need census statistics to tell us that Monmouth has its share of drunk driving arrests, represented not only by residents themselves, but also by other motorists passing through or visiting bar, restaurants and other establishments that serve liquor and beer during the year.

One look at the news pages and one can immediately see the many and varied kinds of DWI and drug DUI police stops that occur all over the county on a fairly regular basis. Out in Middletown, municipal police and other state and county law enforcement officers are constantly arresting and charging drivers with an array of DWI-related offenses. Just a few are listed below, as object lessons of what can happen is one decides to drink and drive in this part of New Jersey.

Underage drinking and driving is one issue that the state is clearly opposed to, and our laws and legal statutes make that abundantly clear. However, teens and underage adults continue to push the envelope by pursuing the purchase and consumption of beer, wine and hard liquor. While sometimes provided all too readily by relatives, parents and older siblings, a charge of underage DWI or even possession can have a negative effect for that individual in the future.
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As anyone familiar with the Garden State criminal and civil law will know, operating a motor vehicle while impaired by alcohol, doctor-prescribed medication and even illicit drugs like marijuana or cocaine are all offenses seriously frowned upon by state and local law enforcement agencies. This is actually an understatement, since police are constantly patrolling the streets of Monmouth, Sussex, Atlantic and Hudson counties watching for drivers who are operating their vehicles in an erratic manner.

Although a patrolman cannot stop a driver simply on a hunch that he or she is intoxicated by beer or wine or high on drugs, if that driver errs in any way that provides the officer an opportunity to pull that motorist over for a traffic infraction, the jig as they say may be up — at least initially. As New Jersey DWI defense attorneys, I and my staff of experienced drunken driving lawyers have decades of cumulative experience in defending those accused of driving while under the influence of alcohol or a controlled dangerous substance (CDS).

Impaired driving can take the form of any number of scenarios in which a driver may exhibit signs of drunkenness or drug-related impairment. And while drinking beer, wine or hard liquor is not strictly against the law — except of minors — excessive consumption mixed with operating a motor vehicle can be grounds for a DWI arrest. And hardly a day goes by that we don’t hear of a handful of DWI arrests or drunk driving summonses being issued to New Jersey residents; which is to say that anyone who has been arrested for DWI or drug DUI is, for lack of a better phrase, in good company.
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What’s worse than being arrested for drunken driving? Some might suggest being convicted for DWI in a court of law. The fact is that if one is cited for driving under the influence of alcohol or doctor-prescribed medication as a result of a traffic accident, perhaps receiving a summons is not all that bad considering the physical consequences. As New Jersey DWI and drug DUI defense lawyers, I and my legal staff see people every day who have been accused of drunk driving. Some of those individuals are also recovering from injuries received as a result of a car collision.

Far from being judgmental, our message here is for people who decide to drive after a drink or two; make a thorough assessment of your condition. There are far worse things that can happen besides being arrested for DWI. Bodily injury and even possible death due to a miscalculation on the road is always a potential for any driver, no matter what their physical condition. Rolling the dice following an evening out with friends is hardly worth one’s life or health.

Here in the Garden State, law enforcement agencies have very little tolerance for those motorists who are suspected of driving while intoxicated. Whether it’s just a couple beers or strong prescription medicine — much less a controlled dangerous substance, such as marijuana of cocaine — the law has remedies for those convicted of impaired driving. While we defend motorists charged with driving under the influence, we certainly do not condone drunk driving if only for the reason stated above; it can get you killed.
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Being caught driving drunk on a Garden State roadway is embarrassing enough without being involved in a fender-bender while intoxicated. We said more than a few times in this forum that compounding a DWI arrest with a traffic accident, not to mention an injury-related crash, only complicates one’s drunken driving defense. Naturally, if a driver has any desires to avoid the stiff penalties that come with a DWI or drug DUI conviction, it is a wise choice to consult with a qualified drunk driving defense attorney in advance of one’s appearance in court.

Having represented our share of motorists accused of driving under the influence of alcohol, prescription medications and even controlled substances such as cocaine and marijuana, I and my colleagues understand the law in this area very well. As a New Jersey DWI defense lawyer and former municipal prosecutor myself, I and my legal staff understand the strategies and tactics of state, county and local prosecutors when it comes to pursuing and securing a drink driving conviction.

As mentioned previously, adding a traffic accident to the list of charges related to a DWI arrest cannot help but complicate a driver’s defense. Property damage and bodily injury, whether the defendant’s or another party will not endear one to the court; law enforcement will have already weighed in on the issue with their list of violations, as well.
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