New Jersey DWI Lawyer Blog

May 14, 2012

Could a Few Drinks After Work Lead to a Strip Search in the County Jail?

As if otherwise law-abiding citizens didn’t already have enough to worry about if they are arrested for driving while intoxicated now motorists can face being strip-searched as well. We’ve spoken on numerous occasions how a drunk driving arrest — or worse, a conviction — has the potential for personal humiliation in the local community, at one’s job and even within one’s own family. Personal relationships, careers, and reputations have been ruined as a result of a DWI or drug-related DUI.

But the recent ruling by the U.S. Supreme Court last month has opened up new possibilities for individuals arrested and incarcerated following a drunken driving arrest. While some may laugh, could it be such a stretch to imagine an average citizen, perhaps coming home from an evening get-together at the local bar with colleagues and friends, ending up arrested for drunk driving and ultimately being strip-searched prior to spending a night in the local jail? All we can say is, The truth can certainly be stranger than fiction.

Of course, we wouldn’t even be talking about this potentially embarrassing scenario if it wasn’t for the fact that the U.S. Supreme Court ruled that anyone in police custody can be strip-searched without, apparently, violating their constitutional rights. As New Jersey DUI defense lawyers, we have said for years that the stiff monetary penalties defendants face in the wake of a DWI conviction are just one aspect of the entire drunken driving arrest scenario. Now drivers have even more to worry about if they have had a little too much to drink.
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May 12, 2012

Many New Jersey Cities to Tighten Up DWI Patrols During High School Graduation, Prom Season

by Jonathan F. Marshall

Most likely we didn’t really have to tell you, since many of you already expected this, but police agencies all over the Garden State will be busy this month enforcing anti-drunk driving laws with an eye toward the state’s high school graduates and other celebrants. As New Jersey DWI and drug DUI defense attorneys, my firm has the in-depth skills and decades of collective legal experience to represent individuals accused of drunk driving, driving under the influence of doctor-prescribed medication, and even operating a motor vehicle while impaired by an illicit substance, such as cocaine, meth or marijuana.

That said, it’s also important to point out that, as DWI defense lawyers, we also have experience in the area of underage drunk driving and alcohol possession by a minor. As one might expect, being tagged by the police for DWI as an adult can be serious and expensive business, but being arrested as a teenager for drinking and driving can also have its own drawbacks later on.

We’ve spoken of this on numerous occasions, but the reason we mention it today is that senior prom season is in full swing this month. What with thousands of teens saying goodbye to high school and staring their future in the face, it’s not hard to understand how some of those kids might be inclined to take a drink in advance of reaching full legal age. While understandable to some adults (parents included), the so-called rite of passage represented by drinking alcohol is actually illegal in the Garden State. But as with many laws, there will always be those who decide to flout the law and take their chances.

May 9, 2012

Essex County, NJ, Patrolman Gets “Top Gun” Award for Most Drunken Driving Arrests in 2011

by Jonathan F. Marshall

As New Jersey drunken driving defense attorneys, I and my staff of experienced DWI lawyers make it our job to represent motorists who have been accused of driving under the influence of alcohol, prescription medications or other potentially intoxicating substances (such as cocaine or marijuana). This, however, does not mean that we do not understand the dangers associated with driving while intoxicated by alcohol, doctor-prescribed meds or even controlled dangerous substances (CDS).

Having worked in the past as a municipal prosecutor for many years, it was my job to obtain convictions against those drivers who had been arrested for DWI, drug DUI and breath-test refusal. Using that experience, I and my legal team can better understand the strategies and legal approaches used by New Jersey state prosecutors against drivers who may or may not have been legally drunk at the time of their arrest.

Of course, the first step in any New Jersey DWI/DUI case is the initially arrest. As anyone who reads local news reports already knows, drunken driving is a common offense here in the Garden State. Whether one lives in Bergen, Ocean, Passaic or Monmouth County, there are dozens of traffic stops every week that result in drunken driving summons being issued against drivers.
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May 6, 2012

New Jersey Trucker Faces Federal Charges following Out-of-State DWI-related Accident

by Jonathan F. Marshall

When is comes to driving under the influence of alcohol, making a bad judgment can really cause a person all manner of trouble down the road. We don’t just say this without some knowledge in the area of DWI and DUI law, since penalties for drunken driving can be quite costly. But consider the ramifications for someone who makes his or her living on the road. For professional drivers, a New Jersey drunk driving or drug DUI arrest can potentially spell the end of one’s career. And it doesn’t have to be alcohol; it can be cocaine or as well.

As New Jersey DWI defense lawyers, I and my colleagues know how someone’s fate can turn on a dime when a conviction for driving while intoxicated comes down in a municipal courtroom. For those who make their living driving day-in and day-out, such a conviction could also entail the loss of one’s commercial driver’s license (CDL). For an average person who works in an office, the loss or suspension of a driver’s license can definitely be an inconvenience. But commercial truckers should not take a chance on fate when it comes to receiving a DWI summons.

It wasn’t too long ago that we read of an out-of-state DWI arrest following a truck crash that caused a large disruption on an interstate. The Orange County man who was operating the semi at the time of the crash was eventually charged with driving while impaired by alcohol. Not only did the man face local DWI charges, but Federal regulations have a much stricter set of rules regarding alcohol-related traffic offenses.
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May 3, 2012

Drunken Driving Charges Can Only Complicate a Traffic Accident with DWI-related Personal Injuries

by Jonathan F. Marshall

If one was looking for a worst-case scenario when it comes to a drunk driving arrest, look no further than the pages of local and state news outlets for traffic collisions involving accused drunken drivers. It’s one thing to be arrested for DWI or following a routine traffic stop for a minor driving infraction or defective vehicle equipment; but, it’s another situation altogether when a motorist is arrested for allegedly driving under the influence of alcohol or prescription drugs.

As New Jersey drunk driving defense lawyers,I and my staff of highly qualified criminal attorneys have decades of combined experience. I, myself, worked on the other side of the aisle as a municipal prosecutor for years, which gives me a unique perspective on how the State views drunk driving defendants and the strategies used to attain convictions against accused DWI violators.

One thing that is certain: when a traffic accident occurs and the police believe that the driver who caused the crash may have been drunk or otherwise impaired by alcohol or other substances — such as prescription meds or illicit drugs like cocaine or — the consequences for that act can rise accordingly.
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April 28, 2012

A Look at Field Sobriety Tests Used by New Jersey Patrolmen During DWI-related Traffic Stops

by Jonathan F. Marshall

It’s something that we get asked numerous times every year: What is it like to be stopped for drunk driving and how can I be prepared for such an event? As New Jersey DWI defense lawyers the first thing were are apt to say would be don’t let yourself get into that type of situation to start with. Considering the potential monetary penalties for DWI, not to mention the associated social stigma of an arrest, much less a conviction, this is probably the most reasonable advice anyone could give.

But as for what happens during a DWI stop, it’s first important to remember that the police cannot pull a motorist over simply on the “hunch” that the driver is intoxicated or has had too much to drink. New Jersey law requires that a patrolman observe some kind of other traffic offense or violation (improper turn, speeding, or even a broken headlamp).

Many officers will describe the so-called tell-tail signs that indicate that a driver is drunk behind the wheel. These may include tailgating another vehicle or swerving in and out of a lane of travel. Others may say that driving too slowly, having the headlamps turned off in the darkness or driving constantly with their high beams on are good indicators of a drunken driver.
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April 25, 2012

Garden State Police Blotter: Multiple DWI Arrests, Drug Possession Charges and Alcohol-related Driving Offenses

by Jonathan F. Marshall

As we usually see here in the Garden State, not all is sweetness and light on our city streets and highways. While many motorists go about their lives in relative anonymity, the occasional traffic stop is enough to bring one’s name into the local spotlight, if only in the police blotter section of the newspapers. For many, the seemingly inconsequential second or third drink during lunch or dinner can sometimes result in a police arrest and DWI-DUI charges being pressed against an otherwise law-abiding citizen.

As New Jersey DWI defense attorneysI and my legal staff know what can happen when a driver makes a minor mistake in clear view of a state of local police officer. If that individual has recently consumed even a small amount of alcohol, the potential of a DWI arrest is waiting just one wrong turn away in some cases.

Although it is not legal for a patrolman to stop a car simply on the suspicion that its driver is impaired by alcohol (such as beer, wine or hard liquor), doctor-prescribed medication (like pain killers and other opiates), or an illicit substance (such as marijuana, meth or cocaine), what must first occur is a vehicle infraction or driving-related offense.
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April 21, 2012

DWI Defense Update: Breath-test Refusal can be a Double-edged Sword in Drunken Driving Cases

by Jonathan F. Marshall

You see it quite often in the news: “Driver charged with DWI and breath-test refusal.” But what is “breath-test refusal” and what does being charged with refusal really mean? On the face of it, it seems that some motorists arrested for driving under the influence simply decide not to let the police measure the percent of alcohol concentration in their bloodstream. Simple, right? Well, not that simple.

It certainly appears that refusing a breath test robs the police of what can be some relatively strong evidence. And one could say that this is a strategy many people adopt on the spot when arrested for driving while intoxicated. The trouble is, when the time comes to fight the inevitable DWI charges, the defendant now has at least two charges against him or her: the original drunk driving charge AND the breath-test (or blood-test) refusal charge.

As New Jersey DWI defense lawyers, I and my colleagues are asked by acquaintances and clients alike, “Is there any consequence to refusing a breathalyzer or blood test?” The answer is not what everyone may be hoping for, especially since there are no “Get Out of Jail Free” cards in the real world.
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April 19, 2012

Drunken Driving Doesn’t Always Happen on Jersey Roadways; Boating Season Opens New Vistas for DWI Arrests

by Jonathan F. Marshall

We may have had a false start earlier this year, but with warmer weather on the way again, one thing is certain: boating season cannot be far away, if not here already. With the warm weather comes the distinct possibility of BUI (boating under the influence) arrests. Whether one is a full-time boater, or more of a fair-weather pleasure-boating type, it’s a certainty that Coast Guard and local law enforcement agencies will be on the lookout for captains who may be operating their vessels while impaired due to alcohol, prescription drugs or an illegal substance (commonly referred to by police as a controlled dangerous substance — CDS).

As New Jersey DWI-DUI defense attorneysI and my staff of experienced drunk driving lawyers understand the ease with which a passenger car driver or captain of a small watercraft can find himself on the receiving end of a DUI summons. Strangely, there likely a small percentage of part-time boaters who still believe that getting arrested for BUI is less likely than DWI on public roadways. Were that this was true.

Amazing to some, yet all to obvious to I and my staff, is that the same standards for intoxicated driving on public roads in the Garden State also apply to those who pilot boats and watercraft in New Jersey’s lakes, rivers and waterways. While many people do not realize this fact, the courts do not make any allowance for ignorance of the law, especially in this area of drunken driving/boating.
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April 17, 2012

Being Accused of DWI May Require the Services of an Experienced Drunk Driving Defense Lawyer

by Jonathan F. Marshall

No matter where one lives or works in the Garden State, it would be fair to say that nobody is quite prepared for a DWI arrest, whenever it comes. Just because New Jersey law enforcement officers are always watching for traffic violators, doesn’t necessarily mean that every driver in New Jersey has a legal preparedness folder in his or her glove compartment.

The aforementioned thoughts may seem a bit tongue-in-check, but the sentiment is valid. As DWI defense lawyers serving New Jersey motorists, I and my legal staff are all to aware of the alarming frequency of drunk driving and drug DUI arrests that take place every week all across the state. While one may not have a legal action plan fully in place, it’s wise to know, at least, that you should seek the legal guidance of a qualified DWI-DUI attorney in the event of a traffic stop that precipitates charges of driving while intoxicated.

Whether one’s case involves being impaired through the consumption of wine, beer or hard liquor; or if the taking of doctor-prescribed prescription medication resulted in a motorist being charged with impairment due to narcotic substances, it’s a good idea to speak with an experienced legal defense attorney to better understand one’s options prior to stepping foot inside a courtroom.
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