Articles Posted in Union County DWI Defense

Well, it has finally warmed up and the cold weather from earlier in the year is now just a dim memory, which can only mean one thing: Time for a trip to the Jersey Shore. But aside from the weather, what we’d like to talk about today is the potential for getting a drunken driving ticket without ever hitting the road. This may be a point of contention between the police, local prosecutors and drunk driving defense attorneys, but it may be instructive to point out a few things.

As New Jersey DWI-DUI defense lawyers, I and my staff of highly qualified litigators understand how easy it can be for drivers in the Garden State to get caught up in a drunken driving arrest. Not only is drinking and driving grounds for being charged with DWI, but operating a vehicle while impaired by prescription medication, whether doctor-prescribed or over-the-counter, can yield a drug DUI summons as well.

In our last post, we mentioned a case where a driver was arrested and charged with drunk driving while sitting in a running vehicle on the roadside. Although this may seem to be an odd scenario, there have been many instances where individuals have been arrested by the police as they slept in their parked vehicles. An interesting point about being accused of intoxicated driving is that one doesn’t always need to be drunk on an actual public roadway to end up being arrested for DWI-DUI.
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All kidding aside, there is nothing funny about being pulled over after consuming a few drinks with friends. While the time spent with friends back at the restaurant or bar may have been cheerful and relaxed, the encounter with a traffic cop for a possible moving violation will not be so lighthearted. As New Jersey DWI defense lawyers, I and my colleagues are well aware of the awkward and stressful position in which many motorists find themselves on the cusp of a drunk driving arrest.

And make no mistake, unless you are a teetotaler, there is always a chance that having a couple drinks before heading out on the road might set the stage for a difficult time ahead, Every year at this time, with the weather breaking and summer looming, many New Jersey motorists find themselves being stopped for a minor traffic infraction only to end up being escorted to police headquarters for a breath test and possible charges of operating a motor vehicle while intoxicated.

It makes little difference to a state trooper or municipal patrolman that you may be an upstanding person in your profession, a good neighbor, or a pleasant individual, the odds of being arrested and charged with DWI or drug DUI can and does happen to many drivers every day of the year. And as quite a few people already know, the results of a conviction for DWI, breath test refusal, DUI or other alcohol-related offenses can be costly, as well as embarrassing.
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Garden State residents who travel our roadways regularly know that police presence is often quite high. With the highest population density of any state in the Union, it shouldn’t be too much of a surprise that with so many people living in close proximity, law enforcement agencies dedicated to protecting citizens would also have a rather large number of individuals on the force.

As a former municipal prosecutor, I know how hard local governments, as well as the state itself, work to maintain law and order in such a populated area. But as drunk driving lawyers, we at the law offices of Jonathan F. Marshall also understand that with such a high volume of traffic citations and arrests for impaired driving and other motor vehicle violations, there are mistakes made from time to time, with some motorists being unjustly accused of offenses for which they are not responsible.

Anyone who has received a summons for DWI, drug DUI, breathalyzer test refusal or other alcohol or drug-related traffic offense should take advantage of knowledge and experience of a qualified DWI defense attorney. If and when the moment comes, it is reassuring to know that one’s rights are being protected by an aggressive trial lawyer with the skills to fight the state’s charges.
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It’s safe to say that for many motorists being pulled over due to one or another kind of moving violation will rarely lead to an actual arrest, yet there is a group of drivers who may not be as lucky when it comes their turn to be face to face with the law. Sometimes, the simplest of driving errors — such as making an improper turn, failing to signal when changing lanes or rolling through a stop sign — can actually result in an arrest.

While a number of scenarios could be attached to such an event, being a little tipsy or appearing somewhat intoxicated in front of the policeman in charge will most probably get a motorist in trouble with the law. Whether one is stopped by a state trooper, a city cop, or local municipal patrolman, the opportunity to receive a DWI summons, or worse, end up being arrested and held overnight in jail may be the result of just one drink too many followed by a drive home.

Whatever the initial cause of a drunk driving or drug DUI arrest, the end result — be it the monetary penalties or the potential loss of driving privileges — can come as a shock to most otherwise law-abiding citizens. It’s no secret that here in the Garden State an arrest for DWI-DUI can have a serious financial impact on many people, not to mention the possible social or professional embarrassment. It’s a fair bet that these days being convicted of drunken driving may ruin more than one’s reputation; marriages, careers and standing in the community can all be victims of a guilty verdict in a DWI case.
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With one of the most densely populated states in the Union, New Jersey sees more than its fair share of drunken driving, drug DUI and underage DWI arrests every week. Most of the people who are stopped by a state patrolman, municipal cop or county police officer are understandably nervous over the episode, especially if it is their first traffic stop or if they are accused of driving while intoxicated. One thing that anyone caught in this type of a scenario is not to give up hope and remember that it is not a foregone conclusion that a DWI charge will automatically result in a drunk driving conviction and related penalties.

When choosing any attorney to help you defend yourself against a charge of driving under the influence, it is important to keep in mind that dozens of people face similar charges every week in this state. At the law offices of Jonathan F. Marshall, our experienced trial lawyers know DWI law and understand how state or local prosecutors approach these types of traffic offenses.

If there is one thing very common to those individuals accused of drunken driving, it would be the doubt as to whether or not it is worth the time, effort and cost of fighting a DWI summons, drug DUI charge, breath test refusal accusation or other alcohol or drug-related traffic offense. To this we must say, that there are numerous good reasons to take your case to court.
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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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As drunk driving defense attorneys, the legal staff here at the Law Offices of Jonathan F. Marshall have a great deal of expertise in defending motorists accused of operating their car, truck or motorcycle while under the influence of alcohol, doctor-prescribed meds and even illegal substances (also referred to as CDSs, or controlled dangerous substances). Whether one has been arrested in Bergen, Hudson, Ocean or Monmouth County, the penalties for DWI or drug DUI can be quite harsh, because of which it makes all the more sense to consult a qualified drunk driving lawyer following a DWI incident.

Living and working here in the Garden State, it is important to understand the affect that the law has on people who have been charged with a traffic violation such as drunken driving. Equally as important, one should be aware of the implications of any number of related offenses, like breath test refusal, drug-related DUI, possession of a CDS in a motor vehicle, underage drinking and/or driving, etc.

As motorists ourselves, we share the road with the rest of the New Jersey driving public and we know the dangers involved in drinking and driving from our work with clients accused of DWI as well as from a variety of case law and trial experience. We also know that the state — including law enforcement and the judicial system — has an extremely low tolerance for individual who have been convicted of drunk driving.
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Anyone who needs an example of what not to do when it comes to drinking and driving — despite the obvious of not getting into a motor vehicle if you suspect you have had any amount of alcohol to drink — just take a look at the news article we ran across a short while ago. Incidents like this only serve to punctuate the argument that a drunken driving-related traffic accident can happen at the most inopportune time resulting in consequences that may only be fully realized much later.

As New Jersey DWI defense attorneys, I and my colleagues have literally a century of legal experience between us assisting individuals accused of a wide range of offenses, not the least of which is driving while intoxicated. Looking at the news on a daily basis it’s evident that the Garden State has its share of impaired driving incidents every single day of the week.

Whether the charge is driving drunk, impaired operation of a car, truck or motorcycle, or driving under the influence of doctor-prescribed meds or even illicit drugs, this is an area of the law on which one does not want to find him or herself on the wrong side. With potentially harsh sentences and costly fines, fees and statutory assessments, being convicted of a DWI or DUI can be a shock to the average law-abiding citizen. Just consider that simply being accused of impaired or drunken driving can hurt one’s reputation, cause problems with personal relationships and even ruin one’s career.
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Over the many years that my legal firm has been helping motorists accused of drunken driving, I and my associates have been asked more than a few times, “Why do I need a DWI lawyer when I step into a courtroom on a charge of driving while intoxicated?” The simple answer would be, “Because you owe it to yourself to be fully prepared to face the prosecution, which will do its best to prove you guilty of DWI or drug DUI.” But this is only one basic reason.

It’s not a secret that drivers in the Garden State face a tough situation when they are stopped on the highway after having a drink or two. It’s a mistake to assume that heavy drinkers and so-called “party animals” are the only people to be arrested for drunken driving by state or local police. For many, a simple drive home after dinner with friends can sometimes lead to a traffic stop, possibly for some basic moving violation, only to escalate into a full-blown DWI arrest and a trip to police headquarters.

As drunk driving defense attorneys, I and my team of experienced trial lawyers are fully up to the task of representing individuals who have been accused of operating a motor vehicle while under the influence of liquor, beer, or doctor-prescribed medication. We know how scary a drunk driving arrest can be for normally law-abiding citizens. But the truly frightening thing about being arrested is that a conviction can result in serious and expensive consequences.
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We have discussed this before, but it bears repeating for those who have forgotten or simply ignored our repeated warnings; that drinking dulls ones senses, not only in terms of ability to operate a motor vehicle, but also to recognize other, potentially dangerous conditions on the road or even on one’s own vehicle. As New Jersey drunken driving defense attorneys, we understand all too well how human nature can work against certain people. Adding a few drinks to the mix is usually not going to improve matters.

With the economy still causing many individuals difficulty, it is easy to understand that cutting corners and ignoring expensive maintenance on one’s home, vehicle or other property can seem to be a necessity simply for survival. But there are unintended consequences to many of these actions. We’ve written about individuals who have driven their vehicle while obviously intoxicated — either through the consumption of alcohol or the taking of prescription medications — but the results of such activities are hardly beneficial.

Take the man who struck another vehicle early one morning a couple years ago while impaired by alcohol. Not only was the DWI-related accident a serious blunder on the part of the hapless motorist, but the vehicle which was hit belonged to a local police chief in Bergen County. Walking into a courtroom to defend oneself against a charge of driving under the influence and causing an accident that happened to involve a police department vehicle as well as two police officers, well that is what we would definitely call major unintended consequences. To defend an individual under such circumstances would not be an enviable task under the best of conditions.
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