New Jersey DWI Lawyer Blog

June 2, 2013

One Big DWI Red Flag: Driving a Mechanically Defective Vehicle While Drunk Behind the Wheel

There are few things that will get the attention of a New Jersey State Trooper or local patrolman faster than a motorist operating a vehicle that is obviously damaged, in poor repair, or incorrectly maintained. As such, there are few worse scenarios than attempting to drive a mechanically compromised automobile when you as the driver are also somewhat compromised by alcohol (DWI), prescription meds (drug DUI), or an illegal substance (also known as a controlled dangerous substance or CDS).

Furthermore, it doesn’t take a skilled legal professional to know that here in the Garden State, being arrested for DWI or drug DUI is not the best path to a happy future. Aside from the general embarrassment, potential negative career implications, or interpersonal problems that such an event can trigger, the cost of a conviction for drunken driving can be rather significant, especially for those individuals who already have tight family budgets.

All this being said, there are ways to avoid attracting the attention of the local constabulary. First and foremost is not getting into the driver’s seat after having even one drink. Whether you are below the legal limit of 0.08 percent blood-alcohol content (BAC) or not, being even slightly impaired can raise your chances of having an accident by affecting one’s ability to control the vehicle; never mind the possibility of standing out in a crowd by weaving, failing to signal, speeding, or even going much too slowly.
Continue reading

May 31, 2013

Hardly Kid’s Stuff: Juveniles, Pre-teens and Teenagers Charged with Underage Drinking/Alcohol Possession

by Jonathan F. Marshall

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.
Continue reading

May 29, 2013

Parking While Intoxicated, Really? Why “Sleeping it Off” in Your Vehicle Isn’t the Best Decision

by Jonathan F. Marshall

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.
Continue reading

May 28, 2013

Ocean County DWI Police Blotter: Local Drivers Arrested for DWI and Alcohol-related Auto Accidents

by Jonathan F. Marshall

Each week there are always more motorists who become acquainted with local and state police officers in ways they likely never expected. As drunk driving trial attorneys, the experienced attorneys at the law offices of Jonathan F. Marshall understand how unexpected and traumatizing being arrested for intoxicated driving can be to many people. For this reason alone, not to mention the legal aspects of many DWI-DUI cases, the accused may want to discuss their situation with a qualified legal professional.

Since my staff has been involved in more courtroom hearings in a week than the average person might experience in their entire lifetime, it’s never a bad idea to take the time to consult with a specialist in the area of drunk driving law. Surprisingly, many DWI and drug DUI arrests start out in a relatively innocent manner; by a driver failing to signal a lane change or having a lapsed vehicle registration. But by the end of the traffic stop, many drivers may find that themselves sitting at police headquarters and blowing into a breathalyzer machine, such as the Alcotest device.
Continue reading

May 26, 2013

Union County DWI News: Drunk Driving Arrests Made in Summit, Fanwood and Cranford, NJ

by Jonathan F. Marshall

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.
Continue reading

May 24, 2013

New Jersey DWI News: Multiple Drivers, Motorcyclist Arrested in Union County for Drunken Driving

by Jonathan F. Marshall

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.
Continue reading

May 20, 2013

NJ DWI Defense Update: Avoid a First-time Conviction and Stave Off Second-Time Penalties

by Jonathan F. Marshall

There are many reasons people come up with to avoid retaining a New Jersey drunk driving defense lawyer. Some believe they can effectively represent themselves during a DWI or drug DUI hearing, while others simple want to avoid paying anyone to speak for them regardless of how much experience the attorney may have. Quite frankly, here in the Garden State we have seen some very aggressive prosecutors who press hard for a drunk driving conviction.

As a former municipal prosecutor myself, I and my colleagues understand the strategies employed by the state’s attorneys. In addition to knowing the New Jersey DWI and drug DUI statutes, I and my staff also have decades of trial experience under our collective belts. It is unlikely that the average motorist who finds himself caught up in a drunk driving case has the experience and know-how to effective argue his case in front of a judge.

That said, we understand that many people may not have the money to retain a qualified DWI lawyer, but many people do not think things through to their logical end. One might be able to save on attorneys fees, but in the possible event that the defendant losses his case and ends up being convicted of DWI or DUI, the savings on legal fees can easily be offset by the potential monetary penalties totaling thousands of dollars in fines, court fees and mandatory increases in the convicted driver’s auto insurance premiums.
Continue reading

May 19, 2013

Monmouth County DWI News: Loss of One’s Commercial Driver’s License can be Catastrophic

by Jonathan F. Marshall

If you ask us — as experienced New Jersey drunk driving defense lawyers — anyone who drives a motor vehicle for a living is well advised to play it very safe and avoid any situations where he or she might end up operating a private car or commercial vehicle while under the influence of alcohol or drugs. The stakes are too high to run the risk of losing one’s license, even for a short period. Why take the chance, we would ask, but human nature is difficult to overcome at times.

Here in the Garden State, the local and state police are always on the lookout for drivers who may be operating their vehicles while impaired. And, although an officer is prohibited by law from pulling a motorist over simply on a hunch that he or she may be drunk or impaired by prescription or illicit drugs, that doesn’t mean that the officer might not wait until the driver executes an illegal turn, runs a stop sign or commits any one of dozens of seemingly minor traffic offenses.

Anyone charged with drunk driving here in Jersey will likely face strict penalties and the loss of a driver’s license should he or she be convicted of that DWI or drug DUI offense. But when it comes to professional drivers here in the Garden State, we can also tell you that these individuals face a more chilling fate: the potential loss their very livelihood, not to mention already harsh monetary and other penalties.
Continue reading

May 18, 2013

Who Needs a Drunk Driving Defense Attorney? Most Any New Jersey Motorist Accused of DWI

by Jonathan F. Marshall

Here in the Garden State, our courts are full of drunk driving and drug DUI cases being prosecuted by any number of municipal and state attorneys angling to get a conviction the fastest and easiest way that they can. As New Jersey DWI-DUI defense lawyers I and my staff of skilled trial attorneys know that there is no better way to end up paying huge fines and other statutory penalties than to roll over and admit guilt without ever attempting to fight the state’s accusations.

One of the most common mistakes that many motorists make after they have been arrested and charged with operating a motor vehicle while intoxicated by alcohol or otherwise impaired by prescription medications is to assume that the police and the local prosecutor’s office has the upper hand with all the evidence to win a guilty verdict. Better yet, by placing all of its cards on the table in a “show of strength,” a defendant might simply enter a guilty plea just to be done with what he or she believes in the inevitable outcome of a DWI hearing.

What we’d like to say is that no matter what your situation it may be in your best interest to at the very least consult with a qualified legal professional regarding your drunk driving arrest before stepping foot into a courtroom on your own. While there are no guarantees in this life, understanding one’s rights from a legal standpoint is never a bad idea when so much is on the line. A New Jersey DWI-DUI defense lawyer can give you some perspective on your options.
Continue reading

May 17, 2013

New Jersey DWI Defense Update: Thoughts on Out-of-State Drunken Driving Arrests

by Jonathan F. Marshall

As a former municipal prosecuting attorney and now drunk driving defense lawyer for motorists accused of operating a motor vehicle while impaired by alcohol, prescription meds or illegal drugs, I have seen my fair share of court cases involving all manner of charges, witnesses, evidence and other relevant details. Although times have changed, to be sure, the way in which these DWI and drug DUI arrests remain fairly consistent. They usually occur following a driving error on the part of the accused drunken driver.

What has changed is the way in which information is shared between police departments, their municipalities, the states in which they reside. Decades ago, for instance, before the information superhighway, traffic offenders in one state were not always known to the police in surrounding or more distant states. But with the advent of the Internet and the World Wide Web, databases filled with conviction and arrest data can be readily available to law enforcement agencies here in New Jersey and elsewhere.

How might affect a driver who has been arrested or charged with a moving violation in another state? Take for instance a motorist who was perhaps arrested for DWI in an adjoining state. It is true that a conviction for drunken driving, drug DUI or even breath test refusal outside of New Jersey can indeed have the same effect on a person later on as being convicted here in a Garden State courtroom.
Continue reading