New Jersey DWI Lawyer Blog

March 28, 2013

Monmouth County Traffic Wreck Results in Drunken Driving Charges for Eatontown, NJ, Driver

It seems that every time one turns around in this state there is another DWI or DUI-related traffic accident reported on the web, in the papers or on the local news. As New Jersey drunken driving defense lawyers and motorists ourselves, we often advise our friends and colleagues never to get behind the wheel of an automobile with even a sip of liquor, beer or wine in one’s system.

Why such a strict statement? Because the laws in this state provide for fairly stiff penalties for those defendants who are convicted of drunken driving, even a first-time offense, and there is nothing that we have seen to suggest that driving while intoxicated is worth risking not only one’s hard earned money, but also life and limb. Regardless of where you live, be it Bergen, Passaic, Ocean or Monmouth County, being arrested for drunk driving or DUI associated with prescription drugs, the costs of a conviction are not worth taking a chance.

The other reason, though it isn’t even something that drivers should contemplate, is that once a motorist is driving on a public road with some alcohol in his or her bloodstream, being stopped for even the most innocuous or seemingly minor traffic offense, moving violation or vehicle infraction can open one up to close scrutiny by a state trooper or municipal cop.
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March 24, 2013

Middletown Police Arrest Two Drivers in Separate Drunken Driving-related Auto Accidents on Same Evening

by Jonathan F. Marshall

There are dozens of drunk driving cases tried every week here in the Garden State. What many of them have in common is that a motorist was suspected of driving while under the influence of alcohol or prescription drugs — sometimes even illegal substances, such as marijuana or cocaine — and was issued a summons for DWI or DUI by a New Jersey state police officer or a local patrolman after being stopped for some kind of traffic violation.

As New Jersey drunk driving defense attorneys, I and my colleagues have represented numerous individuals accused of drinking and driving, drug DUI or underage DWI. A smaller, but no less significant number of motorists may have been charged with operating a motor vehicle while intoxicated by beer, wine or hard liquor following a roadway accident. Whether or not it’s a DWI charge related to a serious injury accident, the fines and penalties for a drunken driving conviction are neither cheap nor relaxed here in Jersey.

It’s interesting to note how many first-time drunk driving offenders are otherwise law-abiding citizen who pay their taxes and obey the law. To this point, most drivers arrested for a first-time DWI or DUI can be surprised to find out that they are accused of being legally drunk or impaired at the time of the incident. As New Jersey DWI trial lawyers, we represented dozens of drivers monthly. But one of the things that can complicate a DWI defense is certainly the inclusion of a reckless driving charge associated with a traffic accident.
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March 17, 2013

Consider a Sober Ride Home this St. Paddy’s Day to Avoid Potential DWI Charges

by Jonathan F. Marshall

Well, it’s St. Patrick’s Day, again; and what better time to remind all those planning to enjoy their green beer and Irish whiskey to be sure they also have a sober ride home following the revelry. The fact is, at least here in the Garden State, no good time goes unpunished. With the continuing battle against drunk driving, you can be sure that the state patrol, as well as county and local police agencies will have their officers plying the roadways and looking for drivers who can’t seem to follow our state’s traffic laws.

We say this because, as New Jersey drunken driving defense attorneys, we know that the law does not allow a police officer to stop a motorist solely on the hunch that he or she may be intoxicated. A hunch is not a legitimate reason to stop a motorist, regardless of whether or not that a driver is inebriated or otherwise impaired by alcohol or some other substance. Even if a motorist is under the influence of beer, wine, hard liquor, doctor-prescribed meds or illicit drugs, such as marijuana or cocaine, a patrolman can only stop a vehicle if he has observed a traffic offense or some other type of motor vehicle violation.

Naturally, it doesn’t take much to initiate a traffic stop. Drifting into another lane, however briefly, could trigger a traffic stop, was can exceeding the speed limit or making an illegal turn. Whatever the situation, if a driver has been drinking prior to the traffic stop, there could be a DWI arrest waiting for him just around the corner. And if charged and subsequently convicted, there could be hundreds or thousands of dollars in fines, court fees and statutory penalties. As we said, it’s best not to tempt fate on this favorite of Irish holidays and leave the driving to a teetotaler.
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March 16, 2013

Morris County Superior Court Judge Rejects Venue Change for Fatal DWI Accident Trial

by Jonathan F. Marshall

Anyone who drivers a car, truck or motorcycle here in the Garden State has probably seen the aftermath of any number of traffic accidents throughout the course of a year. As New Jersey DWI defense attorneys, I and my staff of experienced trial lawyers know full well that a certain percentage of automobile and commercial trucking crashes involve possible drinking and driving charges. We also know that a DWI or DUI-related traffic accident can complicate a drunk driving case, especially when there are injuries or deaths involved.

Almost more so than property damage, serious bodily injury or a fatality brought on by an alcohol or drug-related roadway collision can motivate a prosecutor’s office to press hard for a conviction. Whether the victim of an injury or fatal car crash is another driver, a vehicle occupant or a pedestrian, the seriousness of the incident will usually make for a more difficult defense. This is why, in such serious cases, it is highly recommended that the accused motorist consult with a qualified legal professional, if only to better understand his or her rights and options going forward.

Being charged with driving while intoxicated is no laughing matter, as many people who have been a defendant in a DWI case will likely attest. Consider the case of a DWI accident that occurred in Morris County almost a year ago, which is only just now making its way through the judicial process. According to news reports, the defendant in this particular case is accused of being drunk and maybe even impaired due illegal drugs when the car she was operating struck a pedestrian off to one side of the roadway. The defendant’s attorney had recently filed a motion in superior court to move the venue out of Morris County, however the judge denied the request.
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March 14, 2013

Monmouth County Driver Assaults Police Following Drunken Driving Accident in Red Bank, NJ

by Jonathan F. Marshall

There are laws and there are laws. As most people know, driving under the influence (DUI) or driving while intoxicated (DWI) are terms used to describe a motor vehicle violation here in New Jersey. The details and language used to define drunk driving law are laid out in N.J.S. 39: 4-50. This includes a range of monetary fines and maximum jail time based on the defendant’s level of intoxication (as measure by blood-alcohol concentration, or BAC), as well as guidelines for license suspension, among others.

Aside from the obvious public safety concerns that driving while impaired by alcohol or drugs presents on the road, over the past several decades, drunken driving has become a much less socially acceptable activity. The negative affect that a drunk driving arrest can have on one’s career or social standing in the community, and even on personal relationships, has been growing as well. This is certainly reflected in the way in which law enforcement agencies conduct anti-drunk driving campaigns all through the year and especially during holidays.

As New Jersey DWI-DUI defense lawyers, we understand how average people can find themselves arrested for drunken driving for the first time without really having thought they were impaired when they got behind the wheel of their car, truck or SUV. But it does happen, and that is why we offer our services to help people fight for their rights under the law. Apart from advising everyone not to attempt to operate a motor vehicle after having any amount of alcohol is to not compound one’s troubles should you be unlucky enough to be stopped while possibly inebriated.
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March 12, 2013

Anti-DWI Enforcement Update: Westfield Police Taking to the Streets this St. Patrick’s Day

by Jonathan F. Marshall

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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March 11, 2013

Toms River Police Blotter: Drug Possession and Drunk Driving Arrests in Ocean County, NJ

by Jonathan F. Marshall

For anyone who has not been arrested by police for drunken driving and charged with DWI or drug DUI, we would suggest that for most people it can be an embarrassing, belittling and potentially costly experience. For many motorists, just being pulled over by a state patrolman or a local municipal police officer can be a nerve-racking encounter. Being nervous can have its own drawbacks when a police officer is already convinced that a driver may have been drinking before getting behind the wheel of his or her automobile.

We understand how a normally law-abiding person, faced with a traffic stop and perhaps having had a drink or two earlier in the day might appear a little bit off his game, especially in the presence of an authority figure like a New Jersey state trooper. As experienced DWI defense lawyers, I and my team of highly skilled trial attorneys are devoted to our job of representing individuals accused of operating a motor vehicle while intoxicated. This also goes for drivers charged with impairment by doctor-prescribed medications (drug DUI) and even those motorists accused of driving under the influence of illegal drugs or possessing a controlled dangerous substance (CDS) in an automobile.

For those charged with alcohol intoxication, after the initial stop and arrest, the driver will likely be taken to the local police headquarters where he or she will be asked to provide a breath sample using a breath-testing device like the Alcotest 7110. Should this happen to you, it is wise to remember everything about the arrest, most importantly the circumstances surrounding the actual breath testing as well as the exact blood-alcohol concentration (BAC) reading.
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March 8, 2013

Driver Wins Legal Appeal After 7-to-15-Year Jail Sentence Following 15th DWI Conviction

by Jonathan F. Marshall

New Jersey’s drunken driving laws are rather stiff, to say the least, and more than one motorist has been caught off-guard by a seemingly simple traffic stop that then developed into a serious DWI arrest. But as experienced drunk driving defense lawyers, my firm understands that our state is not unique in this regard. All across the country, driving under the influence has become socially unacceptable to the point that DWI laws provide for harsh penalties for anyone convicted of operating a motor vehicle while intoxicated by alcohol or impaired by prescription medications (drug DUI).

A DWI or drug DUI arrest can spell trouble for almost anyone regardless of whether they live in Monmouth, Ocean, Passaic or Bergen County. The stiff monetary penalties, as well as the potential jail time, especially for multiple offenders, makes driving while intoxicated a risky undertaking to say the least. As New Jersey DWI defense attorneys, I and my staff of highly qualified trial lawyers understand the risks of getting behind the wheel anytime a person has had even one glass of wine or one bottle of beer.

There is no sense in taking a chance on being arrested for DWI, even when one doesn’t believe that he or she is intoxicated. In light of the zealous nature of our local and state police officers, which is matched only by the tough drunken driving laws of this state, driving under the influence can certainly be a foolhardy activity. Granted, many people may not realize that they are legally drunk, yet still end up facing the full force of New Jersey’s drunken driving statutes. In such cases, it is highly advisable to seek the counsel of an experienced legal professional.
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March 5, 2013

Drunken Driving Defense Update: Prosecutors Can Bring Many Pieces of Evidence Against a DWI Defendant

by Jonathan F. Marshall

As New Jersey residents and motorists, most of the general public knows how frequently police stops occur in this state. With a high population count and rather dense urban centers, the Garden State is home to all manner of individuals. And while the average person is more than likely a law-abiding citizen, it is interesting to note how many upstanding people find themselves on the receiving end of a traffic citation during the course of a week, month or year. As New Jersey DWI defense attorneys, my firm has helped dozens upon dozens of drivers who have been accused of operating a motor vehicle while under the influence.

Being arrested for drunken driving — or impaired operation of a motor vehicle due to prescription medication — can be a rattling experience for most people who have otherwise followed the law and maintained a clean record. Sadly, a lot of these accused drunk drivers may not have realized they were impaired, or certainly legally intoxicated by beer, wine or hard liquor. The law provides for rather harsh penalties, even for those whose DWI charge is a first-time offense.

Like any civil or criminal charge, the arresting officer should have some credible evidence for the prosecution to hold up in court as proof of the offense. As defense lawyers, our job is to discredit the source of the evidence or to call into question the accuracy of that evidence. In drunken driving cases there are a number of common pieces of evidence that may be used against an alleged drunk driver in a court of law. These can include the following:
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March 4, 2013

New Jersey’s Bar Association Recommends Change to State’s Breath Test Refusal Statement

by Jonathan F. Marshall

For those who follow New Jersey drunken driving law, there was an interesting article earlier this year reporting the state’s Bar Associate desire to effect a change in the statement used when advising motorists of the penalty for refusing a breath test associate with a drunken driving arrest. Based on the news reports we ran across, this apparently grew out of the drunken driving case of Assemblyman Paul Moriarty last year.

As New Jersey DWI defense attorneys, we know full well how many motorists are caught up in drunk driving arrests each year. Many of these people may not have known that they were legally drink at the time of the arrest, while others believe wholeheartedly that the charges against them are without grounds. Whatever the situation, our job as qualified drunken driving defense lawyers is to represent these individuals in a court of law and help them fight the accusations leveled against them.

For some drivers, being accused of driving while intoxicated can mean they will be asked to take a breathalyzer test to measure their blood-alcohol concentration — the legal limit for which is 0.08 percent here in the Garden State. Some people do not want to have their breath analyzed and so they have the choice to refuse to have a sample taken. But this is not such a simple issue as it may seem.
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