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policeDWI charges in New Jersey must stem from a lawful traffic stop. If you have been arrested or charged with a DWI, it is important to reach out to a hard-working New Jersey DWI attorney who can assess the merits of your case. Depending on the circumstances of your arrest, we may be able to challenge the legality of the traffic stop. You can rest assured that we are committed to protecting your rights at every step of the way.

A police officer must have probable cause in order to make an arrest. Under New Jersey law, having ‘probable cause’ means the police officer must have an articulable and reasonable suspicion that a violation of the traffic laws has taken place in order to make a valid stop. Put simply, probable cause is a reason to believe that a crime was committed. For example, if you are pulled over for speeding, and you were 20 mph above the speed limit, the speeding violation would constitute probable cause for the initial stop. The State must give the defense all of the documentation pertaining to how the speed was ascertained by the officer (i.e., information related to the radar detector used).

Typically, the following driving behaviors that indicate drunk driving will be sufficient probable cause for an officer to stop you:  swerving, excessive speeding, wrong-way driving, erratic driving, running stop signs or traffic lights, or causing an accident. If there was probable cause for the traffic stop, and the officer has reason to believe you may be intoxicated, you may be asked to take a breathalyzer test. If the test reveals that your blood alcohol content is 0.08 percent or more, this is enough to form the basis of a valid arrest.

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drunk drivingDriving while intoxicated (DWI) is a serious offense in New Jersey, regardless of whether the driver is of age or underage. If you or your underage child has been arrested or charged with a DWI, you should speak to a seasoned New Jersey DWI attorney who is well versed in this area of law. You can rest assured that we can examine the facts of your case and determine a defense strategy accordingly. The stakes are high in these cases, so it is important to act quickly.

Under New Jersey law, the basic offense of a DWI consists of driving with a Blood Alcohol Concentration (BAC) of 0.08 percent or higher. If you are under the age of 21, the state only needs to show that your BAC was above 0.01 percent in order to convict you of an “underage DWI.” New Jersey has a zero tolerance policy for drinking and driving. As a result, the penalties for underage DWI are severe and typically include the loss of driving privileges for 30 to 90 days, community service for 15 to 30 days, mandatory fines and penalties, and participation in an alcohol and traffic safety education program.

If you are under the age of 21, and your BAC exceeds 0.08 percent, you will likely be charged with a DWI as an adult and subject to regular New Jersey DWI penalties. If you do not have a driver’s license and are under the age of 17 at the time of the incident, you will be subject to a 30- to 90-day delay in processing your driver’s license.

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drunk driving

While driving laws may vary from state to state, law enforcement officers across the United States use the same field sobriety tests to identify suspected drunk drivers. New Jersey police officers typically ask suspected DWI drivers to take a field sobriety test prior to arrest. If you have been arrested or charged with a DWI, it is imperative to reach out to an experienced New Jersey DWI defense attorney who can scrutinize the circumstances and results of your field sobriety test and build the strongest defense possible.

In the state of New Jersey, DWI stands for Driving while Intoxicated. The basic offense of a DWI consists of driving with a Blood Alcohol Concentration (BAC) of 0.08 percent or higher. Field Sobriety Tests are evaluations done by police officers in making roadside determinations as to whether a driver is under the influence of alcohol or drugs. While these tests are optional for the driver, most officers do not inform drivers of their right to decline.

The National Highway Safety Traffic Safety Administration recognizes three field sobriety tests as reliable scientific indicia of intoxication. The Standardized Field Sobriety Test has precise instructions for officers to follow, as well as an objective scoring system. It consists of the following three tests:

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gavelBeing arrested for or being charged with a DWI should not be taken lightly. A DWI conviction can have far-reaching consequences for virtually every aspect of your life. If you have been charged with a DWI, you need to reach out to a skilled New Jersey DWI attorney to discuss the circumstances surrounding your arrest. We can scrutinize the facts of your case and determine whether any defenses may be appropriate.

A DWI charge does not mean you are automatically guilty. Instead, you are innocent until proven guilty “beyond a reasonable doubt” by the State. However, New Jersey law states that a 0.08 percent blood alcohol content (BAC) level alone is sufficient for a DWI conviction. Thus, if your BAC was measured at 0.08 or higher, your defense will typically focus on the reliability and validity of the reading. For example, you may concentrate on whether the breathalyzer was used properly by the officer and whether the machine was working properly. If it is found that the machine was not used correctly or not working correctly, the result may be excluded from evidence.

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scales of justiceIf you have been charged with a DWI in New Jersey, you should not delay in reaching out to a skilled DWI lawyer who can assess the details of your case. A DWI conviction can adversely affect every aspect of your life, including your criminal record, your job prospects, and even your reputation. The stakes are high, and having the right criminal defense team on your side may make a huge difference in your case.

In New Jersey, the basic offense of Driving While Intoxicated (DWI) requires a blood alcohol content (BAC) of .08 or higher. The BAC must be obtained within a reasonable period of time after your operation of the vehicle. It is important to note that an individual can also be charged and convicted of a DWI if he or she was driving while under the influence of “narcotics, hallucinogenic, or habit-producing drugs” as well. This highlights that DWIs are not limited to alcohol. Instead, they extend to any substance that may impair a person’s ability to drive safely.

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mapIf you have been arrested or charged with a DWI, it is important to reach out to a skilled New Jersey DWI defense attorney who can help. The penalties for a New Jersey DWI can vary depending on the specific circumstances of your case. It is generally some combination of license suspension, monetary fines, mandatory interlock ignition installation in your vehicle, and even jail time. The stakes are high, which is why is imperative to act quickly.

Drunk driving is a serious problem across the United States. According to the Centers for Disease Control (CDC), 28 people in the United States die every day in motor vehicle crashes that involve an alcohol-impaired driver. This amounts to one death every 53 minutes.

But there is some good news: New Jersey has one of America’s lowest rates of drunk driving incidents. BackgroundChecks.org compiled data from the CDC, the Department of Transportation, and Mother’s Against Drunk Driving to form a list of the best and worst states for drunk driving. On that list, New Jersey ranks 4th . New York tops the list, followed by Massachusetts and Illinois. These states boast the lowest drunk driving rates in the nation. According to the report, 111 people died as a result of drunk driving in the state of New Jersey in 2016, a 31.3 percent decrease from the preceding year.

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policeIf the police did not read you your Miranda rights after arresting you for a DWI, it is important to reach out to a seasoned New Jersey DWI defense attorney as soon as possible. We will scrutinize the facts of your case and help determine whether a Miranda motion may be the right path in your case. You can rest assured that the legal team at the Law Offices of Jonathan F. Marshall is committed to providing the aggressive and results-focused DWI you need. Time is of the essence, so please do not wait to reach out.

In the state of New Jersey, DWI stands for Driving while Intoxicated. The basic offense of a DWI consists of driving with a Blood Alcohol Concentration (BAC) of 0.08 percent of higher. For commercial drivers, the BAC level must not exceed 0.05 percent. For drivers under the age of 21, the BAC cannot be 0.01 percent or higher.

In New Jersey, a DWI is a traffic offense rather than a criminal offense. This means that police do not have to advise you of your Miranda rights during roadside interrogation, unless and until you have been arrested or taken into police custody. Put another way, Miranda rights only kick in when individuals are being questioned while in police custody. “Custody” in such cases is not limited to physical lock-ups at police headquarters. Instead, custody refers to any circumstances under which a reasonable innocent person would conclude he or she was not free to leave.

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courtA DWI conviction can have serious and long-term consequences for many aspects of your life. Even if you have been convicted of driving while intoxicated (DWI), there is a procedure in the law which allows a reversal in certain, limited circumstances. Courts can use prior DWI convictions as grounds to impose harsher penalties for a current DWI conviction. This is where post-conviction relief (PCR) can be critical to your case. While the process is complex and time-consuming, the results can be worth it. A skilled New Jersey DWI lawyer can scrutinize the facts of your case and determine whether you may be eligible for PCR.

New Jersey law permits individuals previously convicted of a DWI to petition the court for PCR, which is the legal process that takes place after a trial results in the conviction of the defendant. When a person applies for PCR, he or she is asking the court to reopen the case and vacate the original finding of guilt. This entails investigating the prior conviction to determine if the court, the State, or defense counsel made any mistakes. Successful PCR can reduce or even eliminate penalties that are typically associated with a DWI, such as license suspension and jail time; thus, PCR can effectively dismantle the adverse impact a DWI has on an individual’s employment, housing, professional licenses and overall reputation. Common grounds for PCR are as follows:

  • Ineffective assistance of counsel;
  • The defendant’s guilty plea did not meet legal requirements;
  • Newly discovered evidence;
  • Juror misconduct;
  • Prosecutorial misconduct;
  • Misapplication of jail and gap-time credit;
  • Illegal sentence;
  • Lack of jurisdiction.

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mapWhen you are driving in a state, you are subject to all of the traffic laws and regulations in that state, including driving while intoxicated (DWI) rules. If you have an out of state license and were arrested in New Jersey for a DWI, you need to reach out to a skilled New Jersey DWI attorney who can assess the merits of your case. In these situations, there may be specific issues that could complicate your case and interfere with your driving privileges in your home state. DWI charges should never be taken lightly because they can have far-reaching consequences for many aspects of your life.

New Jersey is part of what is known as the Driver License Compact (DLC), a system including 45 states, which requires member states to report traffic tickets received by a driver to their home state. Put simply, the DLC allows states to exchange information concerning traffic violations, including DWI offenses. The only states that are not members of the DLC are Tennessee, Georgia, Massachusetts, Wisconsin, and Michigan.

In the state of New Jersey, the offense of a DWI consists of driving with a Blood Alcohol Concentration (BAC) of 0.08 percent or higher. Even if your BAC is less than 0.08 percent, you could be charged with a DWI if you consumed any amount of alcohol that impaired your ability to drive. If you are under the age of 21, you will be charged with a DWI if you have any alcohol in your system, even as little as 0.01 percent.

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For any experienced DWI attorney that practices in Ocean County, the summer brings an increased case load. The reason is because the influx of tourists and vacationers brings a distinct upturn in the number of driving while intoxicated offenses.  Hotspot destinations like Seaside Heights and Long Beach Island definitely fall within this description although just about all the towns along the Garden State Parkway and beach experience a rise in DUI violations. The following is the breakdown of Ocean County Municipalities with the highest number of DWI filings. The statistics are for the most recently reported 12 month period published by the New Jersey Administrative Offices of the Courts (July 2013-June 2104). The data reveals the following rankings in terms of those arrested for DUI/DWI in Ocean County NJ:

  1. Toms River (364)
  2. Brick Township (261)