New Jersey DWI Lawyer Blog

August 17, 2012

New Jersey Residents Split on Criminalizing DWI in the Garden State

While the New Jersey’s state police and local PDs run pretty heavy drunken driving patrols from time to time, here in New Jersey the laws on drunken driving treat a DWI as a vehicle violation or civil offense. Unlike other surrounding states, our has yet to criminalize the mere act of driving while intoxicated. Of course, things can get much more involved when property damage or personal injuries are involved, so there is a fine line that a DWI or drug DUI defendant must be aware of.

As New Jersey drunk driving defense lawyers, I and my team of experienced defense attorneys know full well that an arrest for operating a motor vehicle while under the influence is not the same as a conviction. When it comes being convicted of DWI, it would appear that a significant percentage of the public would prefer that even a first-time offender face the same penalties as any criminal. Others feel that lumping convicted DWI offenders in with common criminals is perhaps excessive.

A non-scientific poll conducted by the editors of Patch.com illustrated the divide between those who would criminalize drunken driving offenses and those who feel drivers need at least some leeway, especially when it comes to first-time offenses. Naturally, many people are swayed by the headlines of hundreds and even thousands of innocent people killed by drunken drivers across the nation every year. And as of last May, New Jersey lawmakers have begun to look into the possibility of creating legislation to keep those arrested for repeat DWI off the road at least until their case is heard in a court of law.
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August 14, 2012

Driver Goes to Prison for Fatal DWI-DUI Traffic Accident that Injured Two New Jersey Men

by Jonathan F. Marshall

We’ve said it previously, but there are worse situations to be in than receiving a summons for drunken driving from the police. Of course, being arrested for driving under the influence of alcohol or drugs is not something the average motorist is likely to welcome, but if one has to be cited for DWI it’s certainly better to be stopped for a minor traffic infraction first, than to be involved in a roadway accident.

The fact of the matter is, here in the Garden State, the police and our court system tend to be very strict when it comes to a charge of drunk driving; but add to that additional charges of property damage, bodily injury or even vehicular homicide and one can imagine that defending against the DWI or drug DUI charge will be much tougher than a simple summons for intoxicated driving.

As New Jersey DWI defense attorneys, I and my staff are acutely aware of the range of penalties for those motorists who are convicted of driving under the influence. It makes little difference whether one is drunk through the consumption of beer, wine or hard liquor, or if the charge of DUI is related to impairment as a result of doctor-prescribed medication. Naturally, other drugs, controlled substances like cocaine and marijuana, are actually illegal in and of themselves.
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August 9, 2012

Morris and Burlington PD Blotters: Police Officers Report Multiple Instances of DWI and Marijuana Possession

by Jonathan F. Marshall

As anyone familiar with the Garden State criminal and civil law will know, operating a motor vehicle while impaired by alcohol, doctor-prescribed medication and even illicit drugs like marijuana or cocaine are all offenses seriously frowned upon by state and local law enforcement agencies. This is actually an understatement, since police are constantly patrolling the streets of Monmouth, Sussex, Atlantic and Hudson counties watching for drivers who are operating their vehicles in an erratic manner.

Although a patrolman cannot stop a driver simply on a hunch that he or she is intoxicated by beer or wine or high on drugs, if that driver errs in any way that provides the officer an opportunity to pull that motorist over for a traffic infraction, the jig as they say may be up — at least initially. As New Jersey DWI defense attorneys, I and my staff of experienced drunken driving lawyers have decades of cumulative experience in defending those accused of driving while under the influence of alcohol or a controlled dangerous substance (CDS).

Impaired driving can take the form of any number of scenarios in which a driver may exhibit signs of drunkenness or drug-related impairment. And while drinking beer, wine or hard liquor is not strictly against the law — except of minors — excessive consumption mixed with operating a motor vehicle can be grounds for a DWI arrest. And hardly a day goes by that we don’t hear of a handful of DWI arrests or drunk driving summonses being issued to New Jersey residents; which is to say that anyone who has been arrested for DWI or drug DUI is, for lack of a better phrase, in good company.
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August 5, 2012

Sussex County Man Who Survived Rte 81 Rollover Accident Charged with DWI

by Jonathan F. Marshall

What’s worse than being arrested for drunken driving? Some might suggest being convicted for DWI in a court of law. The fact is that if one is cited for driving under the influence of alcohol or doctor-prescribed medication as a result of a traffic accident, perhaps receiving a summons is not all that bad considering the physical consequences. As New Jersey DWI and drug DUI defense lawyers, I and my legal staff see people every day who have been accused of drunk driving. Some of those individuals are also recovering from injuries received as a result of a car collision.

Far from being judgmental, our message here is for people who decide to drive after a drink or two; make a thorough assessment of your condition. There are far worse things that can happen besides being arrested for DWI. Bodily injury and even possible death due to a miscalculation on the road is always a potential for any driver, no matter what their physical condition. Rolling the dice following an evening out with friends is hardly worth one’s life or health.

Here in the Garden State, law enforcement agencies have very little tolerance for those motorists who are suspected of driving while intoxicated. Whether it’s just a couple beers or strong prescription medicine — much less a controlled dangerous substance, such as marijuana of cocaine — the law has remedies for those convicted of impaired driving. While we defend motorists charged with driving under the influence, we certainly do not condone drunk driving if only for the reason stated above; it can get you killed.
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August 3, 2012

Bergen County College Students Receive Lecture on Distracted Driving, DUI from Local Police

by Jonathan F. Marshall

Apparently law enforcement authorities and safety advocates here in the Garden State feel that residents, namely young adult motorists, just don’t get it. In this case, the “It” being addressed is driving under the influence of beer, wine, hard liquor, prescription medication and even illicit or illegal substances.

As New Jersey DWI defense attorneys, we have a good feel for the sheer volume of drunken driving arrests that occur annually in Jersey; we know this because of the number of cases that pass through our courts each and every month. While most people should know that driving while intoxicated by liquor or drugs (drug DUI) is against the law, law enforcement and other anti-drunken-driving groups keep hammering the point home: DWI and DUI are strictly against the law.

Not surprising, when a driver is observed by police operating his vehicle in violation of current traffic laws, he will likely be pulled over. If it comes to light during that traffic stop that the driver has been drinking, the gloves really come off and that motorist could be hit with a summons for DWI (or drug DUI, in the case of doctor-prescribed meds). Still, with all the public service messages and increased police patrols during holidays, apparently many individuals haven’t caught on.
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August 1, 2012

Monmouth County Drunken Drivng Arrests: Aberdeen Twp. Police Charge Multiple Drivers with DWI

by Jonathan F. Marshall

As any driver in the Garden State likely knows, the state police and local law enforcement officers are on a constant vigil, looking out for impaired motorists. And, while the law says a patrolman cannot pull a vehicle over simply on a hunch that the driver may be intoxicated by beer, wine, doctor-prescribed meds or even marijuana or cocaine, an officer can stop a motorist if he or she violates any one of a number of traffic laws. In the end, if a police officer sees a car being driving in an erratic manner and can justify the traffic stop with a moving violation, a drunken driving arrest may not be far away.

As mentioned previously, intoxicated or impaired driving can range from operating a motor vehicle while under the influence of alcohol, prescription medication or illicit drugs also known as controlled dangerous substances (CDS, for short). Although alcohol and prescription medications are not strictly illegal to consume or ingest, the law limits their use when operating a car, truck or other motor vehicle. In many cases, any impairment due to these substances while driving is grounds for arrest. Several steps later and one could find themselves on the receiving end of a DWI or drug DUI conviction.

As New Jersey drunk driving defense attorneys, I and my colleagues know that in a state as densely packed as ours that incidences of drunken driving, not to mention other traffic offenses, will most probably be higher than other locations. From this, it’s not surprising that Jersey drivers get more than their fair share of DWI arrests, summonses and convictions. This includes being charged with multiple DWI offenses and even something as seemingly minor (yet fully chargeable) as breath-test refusal.
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July 28, 2012

Why Complicate a DWI Charge? Running from the Police is Never a Wise Choice

by Jonathan F. Marshall

For the umpteenth time — and if we’ve said it once, we’ve certainly said it a hundred times before: once a motorist is being pulled over or even in the process of being stopped for a traffic offense, any thought of fleeing the arresting officer or otherwise leaving the scene is a foolhardy and potentially damaging gesture. Radios have been around for more than one hundred years and no car yet made can outrun a police transceiver. Of course, we say this somewhat in jest, but the fact remains that running from the police can only serve to compound one’s troubles later at the inevitable court hearing.

As New Jersey DWI and drug DUI defense attorneys, I and my expert staff of criminal and civil defense lawyers understand the laws of this state and the consequences of flouting those laws. While it’s never a good situation to be charged with driving under the influence of beer or wine, prescription meds or even weed, trying to elude a police officer as a result of a routine traffic stop could most certainly be more trouble than it’s worth.

What prompts us to pass along this information is a news article about a Sussex County motorist who apparently felt it was necessary to flee from Sparta Township police during an early morning police patrol along a stretch of Woodport Rd. According to the news report, the officer in charge observed a vehicle traveling in excess of the local speed limit; the suspect’s Acura was reportedly clocked on radar doing more than 70mph in a 40 zone. The patrolman gave chase, but the driver apparently did not yield and kept driving away.
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July 26, 2012

Union and Bergen County Police Blotters: DWI, DUI Arrests and Drunk Driving-related Accidents

by Jonathan F. Marshall

Here in the Garden State, we have the most densely populated areas in the entire country. As such, it can be expected that the frequency of criminal and civil offenses will be that much more concentrated. Whether one believes that drunken driving continues to be a problem in counties such as Ocean, Sussex, Bergen and Hudson, local and state law enforcement authorities are on a more or less constant alert to motorists who are possibly operating a motor vehicle while under the influence.

Impaired driving can encompass a range of activities, from driving while intoxicated by alcohol (such as beer, wine or hard liquor), operating a car or truck while impaired by a doctor-prescribed medication or pain killer, such as valium or oxycontin, or even an illicit drug like cocaine or marijuana. While alcohol and prescription medications are not illegal per se, their effect on a driver’s ability to control his or her vehicle can result in a chargeable offense. But, unlike these former two, illegal drugs (also known as controlled dangerous substances [CDS]) bring with them not only the potential for a traffic-related offense, but also the possibility of criminal charges as well.

The following news items are just a brief example of the types of arrest that take place every day in this state. As New Jersey DWI defense lawyers, my firm is committed to representing those individuals who believe themselves to have been falsely accused of drunk driving or drug DUI.
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July 23, 2012

Sussex County Police Make Arrests for Drunken Driving as well as Marijuana Possession

by Jonathan F. Marshall

Police blotters all around the Garden State paint a picture of the typical arrests that take place on a daily basis across this state. Whether in Passaic, Bergen, Atlantic or Ocean County, drunken driving charges are quite often on the menu for many motorists up and down the interstates and local roadways. For anyone who has ever wondered if they were the only one to receive a summons for driving under the influence of alcohol, prescription drugs or even illicit drugs like marijuana or cocaine, understand that you are not alone.

As New Jersey DWI defense lawyers, I and my legal staff firmly believe that every person accused of DWI or drug DUI has a right to have their day in court. We have represented numerous individuals who adamantly believed that they were innocent of the charges. As defense attorneys, our job is to fight for our clients in a court of law. While the circumstances may vary, the charges are usually quite similar. Our defense strategy, of course, depends on the particular details of the case and whether the accused has had any previous drunken driving convictions.

The following is a collection of impaired driving arrests from several municipalities in Sussex County not long ago. Those arrested and charged may or may not end up being convicted, but the stage has been set for each of them once the police have reasonable suspicion that the driver may have been operating his or her vehicle while intoxicated by beer, wine or doctor-prescribed medicine.
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July 21, 2012

New Jersey State Trooper Arrested for Drunken Driving Out-of-State Suspended Without Pay

by Jonathan F. Marshall

As a New Jersey drunken driving defense attorney and former municipal prosecutor, I have met dozens of police and public safety officers throughout my career as a litigator. In my capacity as both defense lawyer and prosecuting attorney, I know very well the efforts put forth by representatives of our state and local police agencies. I also have a great respect for those individuals who on a daily basis put their lives one the line for the rest of society.

And, while I believe I understand the stresses experienced by many in the law enforcement community, I find it difficult to reconcile those instances when a patrolman steps over the line and breaks the laws that he himself has sworn to uphold. A recent new story about a Garden State police trooper brought this to mind recently, if only to point out that even policemen and other officers of the court should be held accountable for DWI violations, just as any other citizen is required to do.

Most people would probably agree that there is never a good excuse for anyone in law enforcement to knowingly drive drunk. Whether by the use of alcohol or doctor-prescribed medication, an officer of the court should be held to at least the standard that other residents must adhere. As DWI defense lawyers, we have very little tolerance for those of authority who fail to observe the laws that they have been entrusted to enforce. In regard to the news article in question, according to reports a NJ State Police trooper assigned to Capitol security was suspended not long ago following a drunken driving arrest in the state of Missouri.
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