New Jersey DWI Lawyer Blog

July 18, 2012

Police Arrest New Jersey Driver for 4th DUI/DWI Arrest in the Span of One Month

Some people apparently do not realize when enough is enough. As New Jersey DWI defense attorneys, I and my staff of experienced drunken driving lawyers are committed to representing individuals who have been accused of driving while intoxicated, either by alcohol or prescription drugs. But even though we believe that every person deserves their day in court, we certainly do not espouse drinking and driving, or even suggest that repeat offending is the way to go through life.

Not only is driving under the influence against the law, but it is dangerous when a driver is impaired beyond the ability to safely operate a motor vehicle. The same can be said for doctor-prescribed medications as well; and even illicit substances, such as cocaine and marijuana. While some may disagree with the laws of this state, the fact is that law enforcement officers are tasked with rooting out those who they believe have broken the law and to bring those individuals to justice. For ourselves, we bring the fight to a court of law when a client believes he or she was unjustly accused of DWI or drug DUI.

There are those people who sometimes push the limits of the court’s patience. Being arrested multiple times for drunk driving is a way of one’s defense slightly more difficult. As attorneys representing defendants who have been charged with DWI or DUI, we know that putting the best face on a situation can be difficult once a track record of offenses has been established. For this reason along we suggest prudence to anyone who has already been convicted of drunken driving one or more times. But then again, most individuals know the stakes are high.
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July 17, 2012

Our New Holmdel DWI Lawyers Website

by Jonathan F. Marshall

For those who are acquainted with this blog, you will recall that we handle a considerable number of DWI cases in Holmdel New Jersey. This probably should come as no surprise in view of the fact that we have been practicing drunk driving defense in Monmouth County for several decades. In fact, our staff has over 100 years of collective experience in this area of law, including years serving as municipal prosecutors. Thomas Campo was even the prosecutor of the Holmdel Municipal Court. John Marshall, the founder of the firm, was also the municipal prosecutor of the adjacent towns of Hazlet and Matawan. We obviously know the terrain very well in this area.

The new website is titled Holmdel DWI Lawyers and we believe it is the most comprehensive destination for information on this subject. There is valuable discussion of the DWI law, refusal, driving while under the influence of drugs, as well as penalties for driving while intoxicated (e.g. first, second and third offense). If you are in need of information concerning a Holmdel NJ drunk driving arrest, the site is intended to assist you. We hope you find it informative.

July 7, 2012

Arrested for Drug DUI or Marijuana Possession in a Motor Vehicle? Consider Your Options

by Jonathan F. Marshall

With more than 40 years of collective litigation experience defending clients for such offenses as marijuana possession, driving while impaired by a controlled dangerous substance (CDS), operating a motor vehicle while intoxicated, breath test refusal and drug DUI, my firm has the skills and experience to work in our clients’ best interests. Whether one lives in Bergen, Passaic, Ocean or Atlantic County, the law treats motorists the same when it comes to DWI/DUI offenses.

As a former Garden State municipal prosecutor, I myself have handled hundreds of similar cases for the state; for this reason alone, I and my legal staff understand the strategies used by state and local prosecutor’s officers to obtain convictions for drunken driving and drug DUI, among others. The attorney’s in my office routinely address courts throughout the state, representing clients who have been accused of possession, use and other cannabis-related offenses. No matter if a person is charged with marijuana possession, intent to distribute weed, or other marijuana associated offenses, we believe that everyone has the right to face their accusers and defend themselves in a court of law.

It has become abundantly clear over the years that marijuana is one of the most frequently used drugs out there. As a controlled dangerous substance (CDS), weed, Mary Jane, or whatever one chooses to call it, is obviously the most common drug we as drug DUI lawyers have encountered during our careers. With marijuana arrests almost as commonplace as those for DWI, it should not come as a surprise to learn that more than $30 billion of this illicit drug is grown in the U.S. annually.
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July 5, 2012

DWI Police Blotter: Union County Patrolmen Arrest Drivers for DWI and Marijuana Possession

by Jonathan F. Marshall

Whatever the situation; be it a routine traffic stop that results in a DWI arrest, a drunken driving summons received at a sobriety checkpoint, or a breath test refusal charge following a drunk driving stop in the city, there is no reason whatsoever for not consulting a qualified New Jersey DWI defense attorney. The fact is, the state has law enforcement to arrest motorists and prosecutors to prove guilt. At the very least, drivers who are accused of driving under the influence of alcohol or prescription drugs should take advantage of the experience of a DWI lawyer who knows the law.

Here in the Garden State, I and my staff of knowledgeable attorneys understand how a conviction for operating a motor vehicle while intoxicated can affect a person’s life going forward. Not only are there stiff monetary penalties, but also jail time for some offenders, as well as other consequences such as loss of driving privileges. The following items pulled from local news briefs show the many and varied situations that can lead to a DWI arrest.

Cranford Police Arrests
Officers pulled a Cadillac over along a stretch of South Ave. near Meeker following an illegal passing maneuver. During the roadside traffic stop, patrolmen apparently found evidence of weed on the driver’s person. The 21-year-old Orange County resident was arrested and charged with possession of marijuana (less than 50g) as well as possession CDS (controlled dangerous substance) paraphernalia and improper passing. The suspect was subsequently released pending an appearance in municipal court.
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July 1, 2012

Warm Weather Means Summer Celebrations on the Water, But Watch Out for BUI Patrols

by Jonathan F. Marshall

Something that many people don’t consider a serious issue is drinking aboard smaller watercraft. While the wide open stretches of New Jersey’s coastal areas and even those inland waterways may not seem to have the same “dangers” as Garden State roadways, there are similarities. And while small craft captains up and down the Jersey Shore know that boating season is here to stay for the next few months, it’s wise to remember also that New Jersey’s law enforcement agencies and the United States Coast Guard (USCG) are watching for potential drunken boating.

Before one casts off and powers out into the surf, take time to be sure that all your safety equipment is in order and that your passengers are aware of emergency procedures. Meanwhile, scan the horizon because you are likely to find a sheriff patrol boat not far away. It’s sometimes difficult as a captain of a small vessel not to take part in the onboard revelry, but this is a potentially dangerous move, especially if alcohol is being served.

No matter where you may be cruising, from Cape May to Atlantic City or Sandy Hook, New Jersey State Police are constantly on the lookout for intoxicated boat operators. And, while boating offers a much more rewarding experience above and beyond that of driving the interstate, captains can be cited for DWI just the same as their land-based, four-wheel kin. Make no mistake, being arrested for boating under the influence (BUI, for short) can be just as costly an experience as drunken driving is on land.
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June 29, 2012

Monmouth County DWI Arrests, Underage Alcohol Possession Summonses and CDS Charges

by Jonathan F. Marshall

As drunken driving defense attorneys, we’re not surprised at the number of DWI and drug DUI arrests that occur every week across the Garden State. In fact, as the state with arguably the highest population density in the nation, it would be difficult to imagine few if any traffic stops that resulted in a summons for driving while intoxicated.

As New Jersey DWI defense lawyers, I and my team of qualified drunk driving attorneys know the state’s DWI/DUI laws, as well as the potential for monetary penalties and even social stigma following a drunk driving conviction. As an example of the kinds of arrests that we tend to see week in and week out, the following collection of police reports is just a taste of the range of arrests for driving under the influence of alcohol, prescription drugs and even illegal substances, such as marijuana and cocaine.

Car Crash in Little Silver Nets Driver a DWI
According to an item in the news, the driver of a sport utility vehicle hit a Monmouth County light pole late on a Friday afternoon. Police reports indicate that the 41-year-old driver was heading northbound on Branch Ave. when his vehicle veered across the centerline, hitting the utility pole on the southbound side of the roadway.
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June 28, 2012

Wall NJ DWI Arrest Could Get Complicated

by Jonathan F. Marshall

The New Jersey Starledger reported on a serious automobile accident on Route 138 in Wall Township, New Jersey, and the fact that the driver was charged with DWI. This municipality happens to be at the top of the ranks for DWI arrests in Monmouth County every year. This particular arrest was more complicated than the norm as it involved not only a summons for driving while intoxicated but also a felony criminal complaint for assault by auto.

In New Jersey, anyone found guilty of DWI is subject to a mandatory license suspension. The suspension period can sometimes be enhanced if personal injuries are sustained as a result of a DWI related accident. Additional penalties, including possible jail time and increased suspension, are often imposed when someone is found guilty of assault by auto.
The severity of these penalties depends on the grade of assault by auto an individual is convicted of.

June 27, 2012

Linden, NJ, Driver Arrested for DWI in Hunterdon County after Colliding with Other Vehicles

by Jonathan F. Marshall

As New Jersey DWI lawyers, I and my colleagues are well aware of the circumstances that can surround a DWI-related traffic stop. While most people are, so to speak, content with taking their medicine and receiving a summons for drunken driving, others may not feel they deserve it. Those individuals will likely seek out the services of a qualified drunken driving attorney to better understand their options and perhaps to fight the charges in front of a judge.

On the other hand, there are other drivers who fear the potential repercussions so much that they decide to either avoid being stopped or flee the scene, if an accident has occurred while they were behind the wheel. The point we wish to make here is that it is never advisable to run from the law. It is the rare individual who escapes the long arm of the law for long, and when caught the consequences can be many times worse than if that driver had simply accepted the situation and hired a lawyer to assist in his or her defense.

Sometimes a driver’s actions can seem completely indefensible, but that is a conclusion best left for a qualified lawyer to decide in the comfort of a conference room with his or her client. Still, some individuals will make things hard for themselves, and for that we can only advise taking a step back and viewing the situation with a pragmatic eye. Take, for instance, the news story of driver who allegedly caused multiple instances of property damage to other vehicles while reportedly operating his car under the influence of alcohol.
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June 26, 2012

Holmdel New Jersey DWI Lawyers

by Jonathan F. Marshall

Were you arrested in Holmdel based on allegations of driving while intoxicated (DWI)? If you find yourself faced with such a situation, you should know that our firm, the Law Offices of Jonathan F. Marshall, has significant experience in drunk driving defense in the Municipal Court of Holmdel NJ. In fact, a senior member of our staff, Thomas Campo, is the former prosecutor of Holmdel. He knows the ins and outs of DWI and is extremely familiar with the personnel and practices of the court. The rest of our staff is also formidable with multiple lawyers who are dual certified on the Alcotest Breath Test Machine and in Standardized Field Sobriety Testing (i.e. there are only approximately 15 dual certified attorneys in the state and 5 are at our firm). We also happen to be one of only two offices in the NJ with its own Alcotest.

The Judge in Holmdel is the Honorable Mary Casey, J.M.C. While Judge Casey is very fair, there are certain mandatory penalties that the court must impose if you are convicted of DWI. For a first offense, your license must be suspended for at least 3 months and can be up to 12 months if your blood alcohol content was .10% or higher. A second offense carries a mandatory two (2) year license suspension. A third triggers a ten (10) year loss of your motor vehicle license. The financial consequences of a conviction are likewise significant. In fact, the court has no authority to even suspend the mandatory surcharge of $1,000 to $1,500 per year for three (3) years that applies to First, Second and Third offenses. There are other mandatory fines, assessments, and monetary consequences, including increased insurance costs. The installation of an ignition interlock is mandated for readings in excess of .15% and for conviction on a second offense or third offense.

Individuals often believe that once a DWI ticket is written, the case against them is over. This is clearly a major misconception. The defense attorneys at our firm have considerable success in having breath test readings knocked out of cases and also in winning cases on field sobriety issues. The key to success in this regard is experience, knowledge, and commitment to success in our view. If you are serious about defending your Holmdel DWI, give us a call.

June 25, 2012

New Milford, NJ, Man Injures Sister in Bergen County Drunk Driving Crash

by Jonathan F. Marshall

Even if a victim doesn’t press charges or initiate a personal injury lawsuit against another person who may or may not be negligent in causing a car accident, local police and municipal courts are not likely to feel much sympathy for any motorist who causes an injury accident while allegedly driving drunk in the Garden State. As New Jersey DWI defense lawyers, I and my legal staff know how strict the law can be when prosecutors build a case against an alleged drunk driver.

New Jersey law doesn’t allow much wiggle room for individuals who are found guilty of DWI or drug DUI, not to mention breath test refusal and other DWI- and DUI-related offenses. Monetary penalties aside, one should always be concerned about the future of his or her driver’s license, as well as employment or chances for advancement. The potential social stigma of a DWI conviction can also put the brakes on a marital relationship, not to mention one’s standing in the community. All in all, being convicted for a drunken driving collision that also resulted in injuries or, worse, fatalities, can spell the end to a normal life.

We were reminded of this type of scenario not long ago when we ran across a news article detailing the events leading up to a car accident in Teaneck, NJ. According to news reports, the sister of an alleged drunken driver was seriously injured in a car crash earlier this past spring. Police indicated that up to the car crash that injured one of his relatives, the 27-year-old New Milford resident had apparently lost his license through suspension on almost two dozen separate occasions.
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