Underage DWI

October 27, 2011

Drunk Driving Stats Show Decrease Nationwide, But New Jersey Arrests Holding Steady

One would think that with all the extra anti-drunken driving enforcement across this state that surely New Jersey would be experiencing a decrease in DWIs just like the rest of the nation. Apparently, that’s hardly the case. Whether due to what some might call “over-enforcement” or because the Garden State has such a large population that it tends to set its own standards, one thing is for certain: this is not the place to get behind the wheel in anything near an impaired condition.

From Passaic to Ocean and Bergen to Cape May County, local and state police are constantly on the alert for any motorist that may be inebriated. Intoxication due to beer, wine or hard liquor; or impairment from prescription medication or even illicit drugs like cocaine and marijuana, this state’s law enforcement community is reportedly racking up its share of DWI and drug DUI arrests on a weekly basis.

As New Jersey drunk drivin defense attorneys, we know how easy it can be to be stopped on the road while legally intoxicated. Even those people who believe whole-heartedly that they are not drunk have been arrested and taken before a magistrate to face stiff penalties for DWI, DUI, breath test refusal and other drunk driving-related charges.

A recent news article seems to indicate that, here in New Jersey, the number of arrests for driving under the influence is not declining in concert with the nationwide drop in drunk drivers. What does it mean? Well, it would appear that New Jersey drivers in places such as Ocean County’s Barnegat Twp. need to consider that local police are still out in force, arresting drunken drivers and handing out summonses at about the same rate as in prior years.
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October 21, 2011

NJ Drunken Driving News: Ocean County Motorist Charged with DWI in Fatal Garden State Pkwy Crash

by Jonathan F. Marshall

Fighting a drunken driving charge is serious business and should never be taken lightly. Guilty or innocent, anyone who has been charged with DWI or drug DUI (usually because of alleged impairment due to prescription medication) needs to understand that the financial and social implications of a drunk driving conviction can have long-term effects on an individual and his or her family.

Too many times, a defendant has stepped into a New Jersey courtroom without the aid of an experienced legal professional only to lose his case and be hit with heavy DWI-related fines and penalties. As New Jersey DWI and DUI defense lawyers, I and my staff know the ins and outs of the state’s legal system, and drunken driving law in particular. As a former municipal prosecutor myself, I have first-hand experience from the other side of the aisle regarding the methods and tactics of the state’s legal representatives.

As a cautionary note coming from one who knows the potential pitfalls of a poorly executed DWI defense, the last thing a defendant wants to have, in addition to an actual DWI arrest, is charges related to a fatal car crash allegedly occurring as a result of being impaired while operating a motor vehicle. Serious consequences can result from a conviction for negligent driving, vehicular assault, or manslaughter by motor vehicle.

According to news reports, an Ocean County, NJ, resident was recently indicted on the charge of vehicular homicide, as well as numerous other charges following a fatal car crash on the Garden State Parkway in Monmouth County last April. Based on police reports, 20-year-old Eric Pereira was allegedly intoxicated while using a cellphone and exceeding the posted speed limit when his vehicle rear-ended a van, which fatally injured a 43-year-old Middletown man.

Based on a joint investigation carried out by the NJ State Police and the Monmouth Co. Prosecutor’s Office, the April 2 crash occurred around 11am as Pereira was headed south in the local lanes of the Parkway at what police describe as a “high rate of speed.” According to reports, Pereira’s vehicle hit the victim’s van from behind, causing that vehicle to hit a nearby guardrail, flip over and slide into the Parkway’s express lanes.
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September 22, 2011

Police in Bergen County, NJ, Charge Teenager in DWI-related Passaic Car Accident that Injured Six

by Jonathan F. Marshall

As New Jersey DWI attorneys, I and my staff of experienced drunken driving defense lawyers are well aware of the heavy penalties levied against drivers convicted of operating a motor vehicle while under the influence of alcohol on public roads. My firm also know that state law enforcement agencies and the judicial system have little tolerance for underage drinking, DWI, and other alcohol-related offenses committed by teens and other minors.

It makes little difference if the offense occurs in Ocean, Sussex, Cape May or Mercer County, when an underage individual is caught by police with an alcoholic beverage, or worse, drunk as a result of consuming beer, wine or liquor, a potential conviction can have a serious impact on that youngster’s life going forward.

According to New Jersey law, any individual who consumes alcohol must 21 years old or more. This not only applies to drinking beer or wine, but also to purchasing or possessing it. To put it simply, underage drinking in the Garden State is strictly illegal. Not only are the police and our courts very strict about underage alcohol possession, as well as teenage drinking and driving, the legal consequences can be rather severe as well.
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September 19, 2011

Bergen County DWI Defense News: Elmwood Park, NJ, Police Catch 18 Drunk Drivers

by Jonathan F. Marshall

Whether you live or work here in Monmouth, NJ, or in Hudson, Bergen or Atlantic County, as a New Jersey motorist you have no doubt seen or been directed into one of the frequent police checkpoints used to catch drivers who may be operating their car or truck under the influence of alcohol (beer, wine, or hard liquor), prescription medication or even illicit drugs or other controlled dangerous substances (CDS) such as marijuana or cocaine.

Each of these sobriety roadblocks, also known as DWI checkpoints, is designed to bring drivers in close contact with local, municipal and state police officers so that they can determine if a driver has been drinking alcohol or ingesting some type of substance that may cause impaired driving. Upon being identified as possibly impaired by some substance, the patrolman in charge will most likely as the driver to step out of his or her vehicle in order to perform one or more standardized field sobriety tests.

Although the number and order of the standard field sobriety tests given during a DWI traffic stop tend to vary depending on the police officer and the particular situation in which the driver may find himself, the following is list of the tests that are usually used to some extent or antoher:

— Horizontal Gaze Nystagmus
— Head-tilt
— Touching a finger to one’s nose
— Balancing one leg
— Walking heal-to-toe
— Reciting the ABCs
— Counting
The most common of these tests is the Horizontal Gaze Nystagmus, during which the officer attempts checks to see how smoothly an individual’s eyes are tracking a finger or pen in front of his or her face. A knowledgeable attorney knows to do a thorough analysis of the testing done by the arresting officer in order to determine whether or not the field sobriety tests were administered properly.
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June 14, 2011

Monmouth County Drunk Driving Police Blotter: Holmdel and Middletown DWI, DUI and Marijuana Arrests

by Jonathan F. Marshall

Every day in the Garden State, local and state police stop drivers for a variety of traffic violations. Some of these individuals are suspected of drunken driving, arrested and charged with DWI, drug DUI, or possession of marijuana in a motor vehicle. As New Jersey drunk driving defense lawyers, our job is to represent people who feel they have been unjustly accused of driving under the influence of alcohol or prescription medication (drug DUI).

Many DWI or DUI arrests start out as a simple traffic stop conducted by a municipal patrolman or state trooper. Whether the incident occurs in Bergen, Ocean, Sussex or Atlantic County, the scenarios can be quite similar, although the particular details — such as field sobriety test results, breathalyzer (or Alcotest) readings, or failure to submit to a breath or blood test — vary between cases.

The following is a brief list from police blotters illustrating the kinds of drunken driving arrests that can happen from one day to the next. Not every person is guilty, but it is always advisable to consult with a qualified DWI defense attorney to understand your particular circumstances.

Middletown Township
A local police officer working an early morning traffic patrol responded to a report of a car crash along a stretch of Belmont Ave. where a motor vehicle had apparently hit a fence and subsequently left the scene of the accident. After a brief investigation, the officer cruised around the local streets looking for the suspect vehicle, which he allegedly found parked in from of a local residence. The 19-year-old owner of the vehicle was arrested and charged with DWI, reckless driving, failure to report an accident and open alcohol in a motor vehicle. The woman was processed and then released pending a court appearance.

During the early morning hours, Middletown Twp. Police officers responded to a report of an individual slumped over the steering wheel of a parked car. Arriving on the scene, the officers found a 41-year-old Hazlet, NJ, man in the driver’s seat. Police reports indicate that the suspect had a strong odor of alcohol on his breath. The driver was subsequently arrested and charged with DWI, refusal to submit to a breathalyzer, driving under a suspended license and reckless driving. The man was processed and later released pending a mandatory court appearance.
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June 12, 2011

NJ Legal Defense Update: Summer is the Time for Underage Drinking, Driving and DWI Arrests

by Jonathan F. Marshall

With summer upon us and the school year all but over, youngsters from junior high and high schools all across the Garden State will be hitting the beaches, the malls and local meeting spots to kick off their summer vacation in a big way. Unfortunately, some of what young people do during their vacation is experiment with alcohol.

While many will argue that teenage drinking is part of the growing up, the state of New Jersey has strict rules against underage drinking, and even possession of alcoholic beverages by minors. As New Jersey drunken driving defense lawyers, I and my staff of experienced DWI attorneys know well the circumstances that can lead to a DWI arrest. Similarly, we also know how damaging an underage drinking or drunk driving conviction can be to an individual just starting out on his or her life’s journey.

Right of passage or not, New Jersey law does not recognize a minor’s right to drink, either in public or at home. Any adults who knowingly allow youngsters to engage in such activities is also opening themselves up to their own legal problems. It’s always advisable to follow the law and avoid a serious alcohol-related arrest and conviction down the road.

Many organizations around the state and throughout the nation believe that underage drinking represents an significant public health issue. Whether one agrees with this statement, it has been fairly well documented that alcohol — such as beer and wine — is the drug of choice among children and adolescents. This may not be too surprising due to the relative ease of access that kids have to household stock of alcoholic beverages.

Some parents and legal guardians believe that it is safer for young teens to drink at home, if they are going to drink anywhere, so those adults sometimes actively participate in a child’s drinking and hence breaking the law. In fact, under the state’s social host liability laws, any adult who chooses to supply beer, wine, hard liquor or another kind alcoholic beverage to a young person under 21 years of age can be held accountable if any of the underage individuals are killed or injured as a result. And then there are the potential liability suits.
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April 3, 2011

Jersey Legal Defense Update: A Look at Kids and Underage Drunken Driving Charges

by Jonathan F. Marshall

It’s no secret that the state of New Jersey has heavy penalties for motorists convicted of driving drunk on public roads. What many people don’t know, however, is that state law also has penalties for teenagers and other minors who arecaught driving under the influence of alcohol, or even possession of beer, wine or hard liquor.

As a New Jersey DWI defense lawyer, I and my colleagues know how serious it can be for anyone under 21 years old who is convicted of intoxicated driving. By law, a person must 21 or older to consume, buy or even be in possession of an alcoholic beverage. This includes any drink containing alcohol. Basically, underage drinking is strictly illegal here in the Garden State.

Both the police and our court system have little tolerance for underage drinking and possession of alcohol, much less underage driving. This why the legal consequences are fairly severe when it comes to operating a motor vehicle while intoxicated.

Even if a young person is not arrested for DWI, just being convicted of drinking alcohol as a minor can have an impact on that individual’s future driving privileges when he or she is eligible to begin operating a motor vehicle. As drunk driving defense attorneys for Monmouth, Ocean, Bergen and most other counties around the state, we understand the downside that underage DWI, consumption or possession of alcohol can have later in life.

Here in New Jersey, if a person under 21 years old is arrested for buying or drinking a can of beer or liquor of any kind in a business that is licensed to sell alcohol, that underage individual could receive a fine of $500, not to mention lose his of her driver’s license in the process — for up to six months. Parents of minors who are not yet driving need to think about this for a moment; even though a minor is not yet a licensed driver, any potential license suspension will begin as soon as that child is eligible to receive his driver’s license.
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February 2, 2011

New Jersey Youths Charged with Underage Drinking Face Potential Problems Down the Road as Adults

by Jonathan F. Marshall

As a New Jersey DWI defense attorney, I and my staff of experienced legal professionals have represented numerous minors charged with underage drinking and DWI. With offices in Ocean County, Bergen County, Passaic and Middlesex Counties, we possess extensive knowledge of state and local drunk driving and DUI laws and prosecutorial strategies.

As experienced DWI lawyers, we also understand that a conviction for underage drinking or driving while intoxicated can seriously impact a young person’s future. Although youngsters may not believe that a seemingly minor event could in anyway have a bearing on their future life or business career, there always exists the potential for unintended consequences down the road.

For a young adult just setting out on his journey toward adulthood, being arrested for underage drinking can have a considerable impact on his life. And the facts speak for themselves.

January 23, 2011

New Jersey Drunk Driving News: DWI Study Reveals High Rate of Intoxicated Driving Among Younger Motorists

by Jonathan F. Marshall

According to a recent study released by the Substance Abuse and Mental Health Services Administration (SAMHSA), about one-fifth of young people admit to driving under the influence at one time or another. Based on data collected by the SAMHSA, the rate of intoxicated driving may seem alarmingly high, but it also indicated that there may be some progress in getting drunken drivers off public roads.

As a New Jersey DWI and drug DUI defense attorney, I can see how these finding findings from data gathered between 2006 and 2009 shows a still large percentage of younger drivers taking to the roads in an impaired or inebriated state. According to news articles, the average annual rate of DWI dropped nearly ten percent from 14.2 to 13.2 percent between 2002 and 2005. Similarly, drug DUI dropped to 4.3 percent from 4.8.

This recent survey of driving habits, which was collected from information available between 2006 and 2009, showed that 30+ million American motorists admitted to driving under the influence of either alcohol or drugs in the previous year. Not surprisingly, at least from the standpoint of cases that my firm has handled in Monmouth, Ocean and Passaic County here in New Jersey, greater than 10 million drivers said that they drove while under the influence of illegal drugs.

December 28, 2010

Union County, NJ, Drunk Driving News: DWI and Drug DUI Police Blotter

by Jonathan F. Marshall

Arrests for drunken driving, breath test refusal and controlled/dangerous substance (CDS) DUIs in Union County, New Jersey, illustrate how common law enforcement agencies pull over and charge motorists with these offenses, here and throughout the Garden State. As New Jersey drunk driving defense attorneys, I and my colleagues make an effort to help individuals accused of these charges on a regular basis.

Driving while intoxicated either by beer, wine, hard liquor or prescription drugs (drug DUI) is a serious offense in New Jersey and looked down upon by state and local authorities. Regardless of the circumstances, every person accused of or charged with a DWI offense is considered innocent until proven guilty in a court of law. Having worked in prior years as a municipal prosecutor, I understand the procedures and techniques employed by law enforcement and the judiciary to achieve a drunk driving conviction.

The following news items from Westfield, NJ, illustrate the various types of DWI and DUI arrests that occur on a weekly basis here in Union, Middlesex, Bergen and other counties throughout the state.