New Jersey DWI Lawyer Blog

April 13, 2012

Stopped for Drunken Driving? Certain Physical Factors can Affect a Driver’s Blood-alcohol Content (BAC) Reading

It’s no surprise that drivers in the Garden State face stiff and relatively inflexible drunk driving laws. And while saying that our state’s anti-DWI statutes are rigid, it’s a fair bet that the State Police and local law enforcement officers who uphold those laws are equally as unwavering in carrying out their duties when it comes to motorists who allegedly drive under the influence of beer, wine or hard liquor.

Naturally, nobody actually wants to be arrested for DWI or drug DUI, but the fact remains that it does happen and one should be ready for that day, if it comes, by understanding the science surrounding a drunken driving arrest.

Following a traffic stop, if the driver seems even slightly impaired, a patrolman may decide that the motorist has a high likelihood of being drunk behind the wheel. After confirming his or her suspicions, usually through as well as with a battery of standardized field sobriety tests, the officer may take the suspect into custody. Once at police headquarters, the driver will likely be asked to submit to a breathalyzer test.
Continue reading

April 5, 2012

Morris County Drinking and Driving News: New Jersey Teenager Arrested for Underage DWI in Parsippany, NJ

by Jonathan F. Marshall

Being stopped by a police officer as a teenage driver can be a harrowing experience. And while inexperienced drivers can be expected to make a driving error from time to time, doing so while being drunk can mean big troubles now and in the future. Not only is underage DWI a chargeable offense in the Garden State, simply drinking or even possessing alcohol as a teenager or underage adult is grounds for an arrest.

As New Jersey DWI defense attorneys, we understand that an underage DWI, DUI or breath-test refusal is no way to begin one’s foray into adulthood. As we have said on numerous other occasions, being charged with driving under the influence of alcohol or prescription medication (drug DUI) is a serious enough offense without compounding it by being a teen. Parents take note, since most youngsters do not always realize the potentially injurious nature that a DWI conviction can mean to one in the future.

Without a doubt, it is always safer to consult with a qualified DWI lawyer to best understand the impact that any drunken driving conviction can have; in many respects, an underage DWI, DUI or refusal conviction can have even a greater impact than if the defendant was of age and caught for drunken driving for the first time. Suffice it to say that a conviction for DWI is just no way to start out one’s adult life.
Continue reading

April 3, 2012

Monmouth County DWI News: Jersey Driver Faces Felony Charges after Out-of-State Drunk Driving Arrest

by Jonathan F. Marshall

You can be sure that state and local police here in the Garden State have next to no tolerance for drunken driving on public roads; and neither does our court system. Besides the potentially embarrassing and career-changing arrest for driving while intoxicated, there is also the probability of being convicted of DWI, which itself has penalties that make this a traffic offense worth avoiding if at all possible.

Another thing that police and others in the judicial system find abhorrent is drivers who drive under the influence of alcohol while a child is riding in the same vehicle. Aside from actually causing an accident while legally intoxicated, having a minor along for the ride is probably up there on the list of things not to do.

While a drunk driving arrest or conviction may ruin a career or set one back in the running for a higher position at work, driving drunk with one’s child, a friend’s kid or some neighbors’ children can result in a parent being ostracized by an entire community. Depending on how forgiving one’s spouse is, a marriage could easily be at stake as well.
Continue reading

April 1, 2012

New Jersey Drunken Driving Defense News: Another Zamboni Driver Arrested for DWI “On the Ice”

by Jonathan F. Marshall

It would seem that, at least for once, it may have been better to be arrested for drunken driving here in New Jersey than in another state. Now, we say this mostly with tongue firmly in check, since the defendant in a recent out-of-state drunken driving case happens to be a Zamboni driver who was working the ice for a peewee hockey game when he was picked up for DWI.

For this particular individual, maybe he should have been grooming a hockey arena in the Garden State instead of for the Apple Valley Parks and Rec Department in Minnesota. The reason? New Jersey has already set a “precedent” in cases pertaining to driving a Zamboni under the influence of alcohol (would that be “DZUI”?).

Seriously, as New Jersey DWI defense attorneys, we know it’s no joke when a motorist receives a summons for driving while intoxicated, operating a vehicle under the influence of prescription drugs (drug DUI), or refusing to take a breathalyzer test. All of these offenses carry with them strict penalties for the accused if a conviction is secured against a defendant. The important thing to understand is that when a driver is taken into custody and charged with impaired driving, the consequences, legal or otherwise, could be severe and long-lasting.
Continue reading

March 31, 2012

Red Bank, NJ, Drunken Driving News: Star Trek’s “Commander Sisko,” Avery Brooks, Arrested for DWI

by Jonathan F. Marshall

Whether one is driving home from a family get-together, after-hours office party at a local restaurant, or just having a night out with friends, a traffic stop could end up costing you big if the police believe that you may have been drinking and driving. Not only do state and local police here in the Garden State have an extremely low tolerance for drivers who operate their cars while impaired by alcohol or drugs, our DWI laws make a drunk driving conviction less than appealing as well.

And being famous, well-known or even infamous will not typically get someone any special dispensation. The law is the law; sports figures, public servants, business executives, even TV personalities and movie stars can get themselves caught up in a New Jersey drunk driving arrest as quickly as anyone else.

As New Jersey DWI defense lawyers, I and my experienced drunk driving defense team have the skills and training to represent individuals accused of driving while intoxicated, as well as driving under the influence of controlled dangerous substances (CDSs), such as prescription medications, marijuana, and even cocaine. The latter of these are known collectively as drug DUI offenses.
Continue reading

March 30, 2012

New Jersey Police Blotter: Bergen DWI, DUI and Underage Drinking Arrests in Wyckoff, Glen Rock

by Jonathan F. Marshall

Every day of every week, all across New Jersey, state police and local law enforcement officers make multiple arrests of drivers whom they suspect of being intoxicated by alcohol, doctor-prescribed medication (drug DUI), and sometimes even illegal drugs like cocaine, marijuana and meth. While many of these individuals may have had a drink prior to getting behind the wheel, not all of them were necessarily legally drunk at the time of the traffic stop.

As Garden State DWI defense lawyers, I and my staff of legal professionals have decades of collective experience representing people charged with drunken driving in counties such as Ocean, Sussex, Union and Passaic. A percentage of these individuals who have been charged with DWI, drug DUI, refusal to take a breathalyzer test, and other traffic-related infractions, may actually be found guilty. Others may not.

One thing is certain: Here in New Jersey, fines and penalties for drunken driving can be harsh and highly punitive. Some of the most costly aspects of a drunken driving conviction is the potential increase of a driver’s auto insurance premium; this can equal thousands of dollars a year on top of an individuals “normal” insurance costs.
Continue reading

March 28, 2012

Monmouth County DWI News: New Jersey Nets’ Pre-game Host, Bob Lorenz, Charged with DWI

by Jonathan F. Marshall

While it’s not unusual for entertainment personalities to find themselves arrested for DWI, drunk and disorderly,driving under the influence (DUI) of prescription drugs or illicit substances such as marijuana, it is nonetheless a serious offense that gets most people’s attention. One thing that a DWI arrest can do is get the attention of an individual’s employer, with negative ramifications.

Here in the Monmouth County, my staff of experienced New Jersey drunken driving defense attorneys understands the potentially embarrassing and career-altering effects of a drunken driving arrest. Jobs have been lost over less these days; and a DWI or DUI conviction is sure to put some pressure on an employer to reconsider one’s standing with an organization. The term “liability” comes to mind, especially in the case of some more famous, yet potentially expendable personalities.

While there is nothing good about a drunken driving conviction, there are significant monetary penalties associated with one. Higher insurance rates, even for first-time offenders can place a financial burden on some motorists, while jail time is another issue that few people are happy to talk about.
Continue reading

March 26, 2012

Will Distracted Drivers Join Ranks of Drunken Drivers in New Jersey Courtrooms

by Jonathan F. Marshall

Although we ourselves, do not rely a crystal ball to tell us what will happen in the legal world, there certainly has been a fair amount of discussion by safety experts and legislators regarding the dangers of distracted driving. One could say that this conversation has been taking on the tone of anti-drunken driving proponents several decades ago.

As New Jersey DWI defense attorneys, my firm has decades of collective experience in representing motorists accused of drunk driving, drug DUI (prescription meds and illegal substances, such as marijuana and meth), breath-test refusal and other impaired driving offenses. It goes without saying that anyone convicted of DWI or drug DUI will likely face stiff monetary penalties, insurance surcharges and even jail time; even for first-time offenders, license suspension is not beyond the realm of possibility.

As we have mentioned previously in this forum, driving while distracted could possibly become the DWI of the 21st Century. With the number of injuries and deaths mounting from accidents involving texting on cellphones and ever-expanding smartphone use while driving, it would not be surprising to see some state legislatures push hard for in-vehicle cell- and smartphone bans.
Continue reading

March 24, 2012

New Jersey Trucker Arrested, Charged with DUI; BAC 8-times Over CDL Legal Limit

by Jonathan F. Marshall

If anyone had a question that a single drunken driving conviction could affect an individual’s future is a major way, just ask any former commercial truck driver who has been found guilty of drinking and driving. When we say this, we don’t just mean DWI while on duty, but on personal time as well. As New Jersey drunk driving defense lawyers, we understand how an arrest for driving under the influence can start a chain of potentially life-changing events for almost anyone.

We are reminded every so often of the complications that a DWI or drug DUI arrest and conviction can present to a professional driver. Whether one operates a delivery truck, a limousine, city bus or taxi cab, being caught on duty or off while impaired due to alcohol, doctor-prescribed medication or illicit drugs, like cocaine or meth, can put the brakes on a career pretty quick.

For this reason alone — and not even thinking about the harsh monetary penalties and fines — it is highly recommended that anyone holding a commercial driver’s license immediately consul with an experienced DWI defense attorney before stepping foot into a courtroom.
Continue reading

March 22, 2012

NJ Drunk Driving Update: Before a DWI Conviction, Prosecutors Must Prove Guilt — Part 2

by Jonathan F. Marshall

As we’ve previously discussed in this forum, being caught for driving drunk is a serious situation that can lead to harsh penalties and fines, not to mention potential jail time and long-term driver’s license suspension. While most motorists in the Garden State know that a DWI arrest, much less a conviction, can be fraught with troubles for the individual accused of driving while intoxicated.

I and my colleagues, as New Jersey DWI defense lawyers, know that the loss of driving privileges can, by itself, be a serious burden. Not just on an individual, but also on his or her family and friends. Of course, it’s easy to understand that someone who hasn’t been through an ordeal like a drunken driving arrest and trial might not appreciate the extensive downside to the entire experience.

Once a driver is arrested, charged and processed into the system, a pre-trial hearing date is usually set, during which the defendant will either plead guilty or not guilty. If one employs a qualified DWI attorney, then typically the pre-trial can be waved since the defendant’s lawyer will enter a plea of not guilty on the behalf of his or her client. After that, assuming a not guilty plea is entered, a new date is set for the actual drunk driving or drug DUI trial.
Continue reading