New Jersey DWI Lawyer Blog

March 2, 2013

Out-of-State Driver Charged with DWI after Camden County Speeding Episode on Rte 42

We’ve repeatedly warned readers about the folly of driving while intoxicated under any circumstances here in the Garden State. Frankly, with the state laws what they are and the zealous nature with which county and municipal prosecutors pursue drunk driving convictions, is there any reason whatsoever to make one’s life any more complicated by adding a DWI to the mix? We think not. Yet, every day, motorists from all over the state, as well as those simply visiting, are caught driving while impaired by alcohol, prescription medications or illegal drugs, such as marijuana and meth.

As New Jersey drunken driving defense lawyers, the attorneys here at the law offices of John F. Marshall are ready and willing to assist individuals who have been charged with traffic-related offenses such as DWI and drug DUI, as well as serious non-drunk driving-related crimes. Since most people do not expect to be charged with driving while intoxicated, the first step following a DWI arrest is to learn, quickly, about how to select a qualified defense attorney.

Most people have heard the old adage, “knowledge is power.” It’s true that one can educate him or herself about our state’s legal system and how cases work their way through the judicial process. You can also learn about the possible consequences from being convicted of the charges lodged against you. But this can also be a time consuming process. Certainly, along with informing yourself on the various legal points associate with your case, one should take some of that time to find a good DWI defense lawyer with trial experience.
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February 27, 2013

Baby Sitter Charged with Drunken Driving after Mid-day Single-vehicle Crash in Union County

by Jonathan F. Marshall

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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February 24, 2013

Possible Serious Consequences for New Jersey Driver Charged in Fatal DWI Accident in Somerset County

by Jonathan F. Marshall

Drunken driving is already a serious offense in and of itself here in the Garden State, but there are worse things that can happen beyond being stopped by a police officer for a minor traffic violation and then being arrested for driving a car while under the influence of alcohol or prescription drugs. Consider a fatal alcohol- or drug-related traffic accident.

As New Jersey DWI defense attorneys, I and my colleagues know how easily it can be for a motorist to be swept up in a DWI or drug DUI offense out there on our highways or surface streets. Not only can it be embarrassing to be arrested, much less convicted, but the potential harm that such an event can have on a person’s private life and business career can sometimes be irreparable.

Being stopped while legally intoxicated by beer, wine or liquor is just the beginning of a process that can lead to stiff fines, court costs, fees, and assessments to one’s auto insurance premiums; all because of a momentary indiscretion. As professionals in the area of DWI and drug-DUI defense, we understand what is at stake for the average person, and we are prepared to help.
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February 20, 2013

Double-DWI Car Accident in Bergen County Leaves Good Samaritan Critically Injured in Hackensack Hospital

by Jonathan F. Marshall

It is hardly fair to cast blame at any individual who has yet to have his or her day in court, but as experienced New Jersey trial attorneys who defend motorists and other individuals against a variety of criminal charges and traffic offenses we do know a little bit about the unintended consequences of drinking and driving. As we have mentioned many times before, New Jersey police officers, as well as our courts, have very little sympathy for people who apparently make a conscious decision to drive while intoxicated on public roads.

When it comes to defending drivers who have been accused of drunken driving, operation of a motor vehicle while drug-impaired, or even those who are caught with a controlled dangerous substance (CDS) in their vehicle, we understand the law and the potential penalties attached to these various offenses.

Though we make no judgments until all the facts are in, we always recommend caution to those individuals who may find themselves in a situation where a drink or two, maybe more, of beer, wine or hard liquor might precede a drive home. There is no sense, legally or financially, in taking a chance on being stopped by a police officer when driving an automobile if there is any possibility that one may be found legally intoxicated at that time.
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February 18, 2013

New Jersey Court Sentences Melrose Place Actress to Three Years in Jail for Fatal DWI Crash

by Jonathan F. Marshall

Though some may argue the contrary, the law is designed to treat all people equally when determining an individual’s guilt or innocence. As New Jersey drunk driving defense attorneys, I and my staff of experienced DWI lawyers have decades of litigation expertise that has served us and our clients well when fighting charges of drunken driving, drug DUI, breath test refusal and other DWI- and DUI-related offenses. If you remember anything about the legal system, it is that every person accused of a crime is considered innocent until proven guilty.

Especially in situations where a motorist has been arrested and charged with driving while intoxicated or otherwise impaired by alcohol, doctor-prescribed medication, or even illegal drugs such as cocaine or marijuana, having one’s day in court is often the most important aspect of fighting for one’s legal rights. And while not everyone can expect to be found not guilty, reducing to some extent the typically harsh monetary penalties or even jail time associated with a DWI conviction is another desirable goal of taking one’s case into a court of law.

Of course, the wheels of justice can often turn at a glacial pace, especially in situations where the serious injury or death of an innocent person may have been involved. We are reminded of this many times during the year when so-called high-profile cases are tried in courtrooms throughout the country.
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February 16, 2013

Caught Driving Drunk in New Jersey? Find the Right Attorney to Defend Your Rights

by Jonathan F. Marshall

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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February 12, 2013

Faulty Vehicle Equipment Leads Police to Charge New Jersey Man with DWI in Union County

by Jonathan F. Marshall

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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February 10, 2013

Union County DWI Police Blotter: Cranford and Clark Officers Make Multiple Drunken Driving, CDS Arrests

by Jonathan F. Marshall

For those who have never been stopped by a police officer for a traffic violation, it may be hard to imagine what it feels like not only to be stopped for a moving violation, but to be asked to perform a field sobriety test because that patrolman believes that you have been drinking. Forget embarrassment; most people have no idea how nerve-racking and confidence shaking a drunken driving arrest can truly be.

As experienced New Jersey DWI defense attorneys, my firm is dedicated to helping those individuals who believe they have either been falsely accused of drunk driving or drug DUI (prescription medication or illegal substances), or who feel that they have a legitimate case for a reduced charge based on the way in which the traffic stop and DWI/DUI arrest was handled by the police officer in charge. My legal staff is ready to fight for our clients’ rights.

Every day, from news agencies all around the Garden State you can find examples of traffic stops that ended in an arrest for driving under the influence. The following news items out of Union County, NJ, are just the tip of the iceberg when it comes to the shear range of DWI and DUI arrest scenarios.
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February 8, 2013

NJ State Senate Initiates Bill Requiring EVERY Convicted DWI Offender Use an Ignition Interlock Device

by Jonathan F. Marshall

The New Jersey State Senate recently set in motion a bill that if made into law would require any DWI offender — even first-timers — to have an ignition interlock device installed on his or her vehicle as a mandatory condition of their sentencing. According to news articles the new legislation, if passed, would amend the state’s DWI laws to include wording requiring all convicted drunken driving offenders to have an ignition interlock installed in their cars for varying lengths of time.

As New Jersey drunk driving defense lawyers, my colleagues and I have worked for many years helping motorists who have been charged with DWI- and DUI-related offenses. We understand how a single indiscretion can lead to an expensive, inconvenient, embarrassing and often life-changing drunken driving conviction. In fact, numerous personal and professional relationships have been damaged or outright ruined as the result of a conviction for operating a motor vehicle while impaired by alcohol, doctor-prescribed medicines, or even an illicit (read: a controlled dangerous substance [CDS]) drug like marijuana or cocaine.

Having worked in this field for many years, both as a defense lawyer and as a municipal prosecuting attorney, I have a deep understanding of the strategies and tactics that the attorneys for the state employ to secure a conviction. My goal, and that of my legal team, is to provide the best possible defense for those individuals who believe that they have been falsely accused of drunken driving, drug DUI or breath test refusal. Whatever the cause of the DWI-DUI charges, a qualified DWI defense lawyer must consider all the facts in order to help his or her client achieve a just outcome.
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February 5, 2013

No Injuries Reported After Allegedly Drunken Motorist Crashes Through Police Line at Holiday Event

by Jonathan F. Marshall

Making a spectacle of oneself is a habit best left behind in high school or college; as adults we all have better things to do, or certainly a greater responsibility to ourselves and our families. Yet, as human beings, sometimes there is a tendency to over indulge, especially during the holidays. This applies to those who imbibe a little more than they should, and then fail to realize the extent to which they are impaired by alcoholic beverages. That said, it should not come as a surprise that more than one Garden State motorist has hit the road without considering that he or she may be legally drunk.

Being stopped by a state police officer or a local patrolman is no doubt a stressful event. Even the most sober individual might have a hard time maintaining his composure in the face of authority and with the finger of guilt sternly pointing out one’s error on the road. In such instances, would it be unreasonable that a motorist could actually come across as acting a little bit unnatural or, dare we say it, impaired due to the stressful situation in which she finds himself.

Nerves aside, it is a foregone conclusion that a driver who is intoxicated by alcohol or impaired by prescription or even illegal drugs will likely appear to a police officer to exhibit some behavioral changes. It is at this point during a routine traffic stop that many people are asked to preform one or more of the standardized field sobriety tests. Drunk or not, who among us would not feel self-conscious on having our every action and movement observed?
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