New Jersey DWI Lawyer Blog

December 15, 2011

Morris County Drunken Driving Update: New Jersey’s Holiday DWI Patrols and Sobriety Checkpoints Continue

Here in the Garden State, motorists are rather familiar with the presence of police road patrols, as well as the typical saturation patrols that occur from time to time during holiday weekends and other periods well known for family and friendly get-togethers where alcohol is usually served. It is at these times that the rate of potential drunken drivers rises to the occasion as well.

As New Jersey DWI-DUI defense attorneys, I and my legal staff know the ease with which a driver can be stopped for a traffic violation only to find him or herself accused of driving under the influence of beer, wine or hard liquor. For the younger crowd, police may from time to time find evidence of marijuana inside the vehicle or on the driver’s person, which can lead to a drug DUI or possession charge.

Any time a motorist is stopped by the police, it can be an unsettling and intimidating experience. Just the mere presence of a police officer, be it a state patrolman or a local municipal officer, can cause a driver to act out of character or become flustered. As of experienced drunken driving lawyers, my firm understands how certain mannerisms, coupled with so-called evidence of alcohol consumption can lead to a DWI arrest, the outcome of which will have a great deal to do with the subsequent breathalyzer test and other evidence from the state.

Of course, being stopped in Morris County, like Monmouth, Ocean and Bergen counties, results in very similar procedures, but the circumstances may vary considerably. As many people know, a driver cannot be stopped on the street simply on a policeman’s hunch that the motorist is drunk. There must be a specific violation witnessed by that officer. However, in the case of drunk driving checkpoints, a driver and his passengers become the focal point of an officer’s attention as soon as the vehicle they are in is waved into the sobriety roadblock area.
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December 11, 2011

Hunterdon County Police Arrest Motorist for Drunken Driving; Charge Teenagers with Underage Drinking

by Jonathan F. Marshall

Every week across the Garden State, individuals are arrested and charged with DWI-related offenses, as well as drug DUI (prescription medication and illicit drugs, such as marijuana and cocaine). These state police and local law enforcement arrests happen everywhere across the state — from Bergen and Morris to Atlantic and Ocean counties – and affect male, female, young and old alike.

As New Jersey DWI defense attorneys, the legal professionals at my firm have the experience and skills necessary to represent people who have been accused of driving while intoxicated, or who have been arrested for possession of illegal drugs — also known as controlled dangerous substances (CDS) — while in their car.

As with any legal case, the details surrounding the arrest are unique, though the circumstances can be similar to other DWI- or DUI-related cases. As always, an individual should be considered innocent until proven guilty. Those who intend to enter a guilty plea on the day of his or her drunk driving hearing should consider carefully the results of that plea; penalties for driving under the influence are rather costly here in New Jersey, and consulting a drunk driving attorney could make the difference between a guilty verdict and a not guilty decision.
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December 7, 2011

NJ Legal Update: Drunken Driving Arrests, DWI Convictions can Hurt an Individual’s Career Prospects

by Jonathan F. Marshall

Although a first-time DWI conviction may seem like a one-time event with little or no ramifications save some hefty court fees and other DWI-related penalties, the social and business implications of an arrest for driving while intoxicated, much a conviction can be significant. In fact, just like any legal issue, it’s best to consult with a qualified drunken driving defense attorney to better understand one’s options before heading to court.

Drunk driving, driving under the influence, drug DUI and other offenses are all serious charges that can effect an individual’s future job prospects and social standing; even their personal relationships and marital situation. As New Jersey DWI defense lawyers, the experienced legal team at my firm is well versed in the area of drunken driving defense. Our advice to anyone accused of DWI or drug DUI (prescription meds or illicit drugs like cocaine and marijuana): Do not take the event lightly and learn as much as you can about the process of a DWI case.

As mentioned previously in this forum, a conviction for driving while impaired by alcohol or drugs can have a long-term and severe effect on a person’s employment situation and their life in general. Needless to say, with the emphasis on curbing DWIs and DUIs across the country, as well as here in the Garden State, society, law enforcement agencies and the court system holds a very dim view of first-time DWI offenders, not to mention repeat offenders.

A recent news story brought this issue to the fore, as the head of the Federal Aviation Administration (FAA) was picked up by police following a traffic violation near the nation’s capital. According to news reports, FAA chief, Randy Babbitt, was observed by a police officer traveling on the opposite side of the road last Saturday around 10:30 at night.
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December 4, 2011

Bergen County Police Blotter: Ridgewood, Ramsey and Park Ridge DWI Arrests, Drug DUI Charges

by Jonathan F. Marshall

With the holidays fast upon us there is a more than better chance that someone you know may be stopped by state police or local law enforcement for some type of traffic violation. Of those Garden State motorists stopped by police for offenses such as speeding, improper lane change, or an number of so-called minor traffic infractions, there is always a chance that the driver may be accused of operating a motor vehicle while under the influence of alcohol.

Being impaired by beer, wine, hard liquor or prescription medication (drug DUI) is cause for a patrolman to arrest a driver for driving while intoxicated. A DWI or DUI arrest can also lead to extensive fines and other penalties, even for a first-time offender. It’s not unusual an individual convicted for multiple offenses to also face jail time, depending on the circumstances. As New Jersey drunken driving defense lawyers, I and my staff of legal professionals have the skills and experience in representing drivers accused of DWI and drug DUI (including cases where illicit drugs — also known as controlled dangerous substances, or CDS — such as marijuana and cocaine are involved).

Anyone who is arrested for driving under the influence faces similar charges and, likewise, similar penalties, the individual circumstances will vary accordingly. The following is a short list of recent arrests by police officers in Bergen County, though DWI and drug DUI arrest happen every day in other counties across the state, such as Monmouth, Union, Passaic and Essex. Here are some examples:

Ridgewood, NJ
Late on a Monday evening, a local patrolman stopped a vehicle driving along a stretch of N. Maple Ave. The officer apparently stopped the motorist because of visible front-end damage and a report of a hit-and-run accident in the Ho-Ho-Kus area. As a result of the traffic stop, the policeman determined that the driver was in fact involved in said traffic accident. On further investigation, the police officer also determined that the 30-year-old out-of-state driver behind the wheel was impaired due to alcohol consumption. The man was taken into custody and charged with drunk driving, marijuana (CDS) possession and drug paraphernalia possession, open alcoholic beverage container in a motor vehicle. In addition to DWI, the driver was also charged with careless and unsafe driving. He was released pending a court appearance.
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November 30, 2011

Warren County DWI News: Is Smelling for Alcohol on a New Jersey Motorist a “Police Interrogation”?

by Jonathan F. Marshall

As anyone who has ever been arrested or even convicted of driving while intoxicated will likely know that many times a police officer will testify he detected the odor of alcohol on the motorist’s breath prior to a drunk driving arrest. While this statement is usually not enough to convict a driver of DWI, it can be sufficient to prompt the officer to ask the driver to exit his or her vehicle and perform several field sobriety tests — and from that a drunken driving arrest could be forthcoming.

As New Jersey drunk driving and drug DUI defense lawyers, I and my staff have represented numerous individuals accused of driving under the influence of alcohol, prescription medication, and even illegal substances like marijuana. Many of these people believed that they were not impaired at the time of their arrest. Still, when a patrolman states under oath that a driver smelled of beer, wine or hard liquor, it can seem as if the prosecution has a solid case against the defendant.

Earlier this fall, the Appellate Division of the Superior Court of New Jersey overturned a lower court ruling that was apparenlty pinned on the argument that a police officer who sniffed the breath of an underage teen at a party in Independence, NJ, provided sufficient notice that the individual had certain rights. The rights that were allegedly implied by the officer’s “sniff test” were the young man’s Miranda Rights; the lower court that rendered the guilty verdict said the act of sniffing for the odor of alcohol was akin to announcing that the suspect had the “right to remain silent.”
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November 27, 2011

Arrested for Drunken Driving? What Jersey Drivers should Know about Blood-Alcohol Testing, Other DWI Evidence

by Jonathan F. Marshall

It’s probably a good bet that until a driver is arrested for driving while intoxicated (DWI) he or she has not given much thought to the process of being arrested, much less the penalties associated with a drunken driving conviction. Frankly, being stopped for a traffic violation here in the Garden State is quite common; being charged with driving under the influence is slightly less common, but a definite possibility if that motorist has recently had a drink before being stopped.

Understanding the process of a DWI or drug DUI arrest is important, since many things have to happen between the initial traffic stop and a full-blown conviction for drunk driving. First of all, it’s never a bad idea to consult with a qualified legal professional regarding such an arrest or summons.

Hiring an experienced New Jersey DWI defense lawyer is something that every person accused of DWI or DUI must make himself. Can an attorney make a difference? Generally this is expected, but the outcome of any drunk driving case is based on a number of factors, including the amount and type of the evidence against the driver.

However, with the potential of still fines and even loss of one’s driver’s license, understanding one’s situation is very important to getting through the process with the best outcome possible. Even for first-time offenders there is the possibility of jail time — depending on the circumstances — on top of heavy fines and other assessments, such as increased insurance auto premiums.
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November 25, 2011

New Jersey Drunk Driving Defense News: Enhanced DWI and DUI Traffic Enforcement for Thanksgiving Weekend

by Jonathan F. Marshall

According to police agencies across the state, the Thanksgiving holiday has become one of the more common times of the year for New Jersey drivers to be arrested for drunken driving. Not only do local police departments expect increases in arrests for driving under the influence of alcohol, but also for charges of operating a motor vehicle while impaired by prescription medications (drug DUI) and illegal drugs, such as cocaine and marijuana.

The New Jersey State Police have already identified the Thanks giving holiday and subsequent weekend as a prime DWI-DUI enforcement period in areas such as Passaic, Ocean and Sussex County. This should come as little surprise to those who make a living driving or who commute on a regular basis in the evenings and early mornings here in the Garden State.

As New Jersey DWI defense attorneys, I and my staff of experienced drunk driving lawyers understand how easily an individual can be caught up in a DWI arrest. While those who experience a drunk driving or DUI arrest may find the process somewhat unnerving, the real shock can be the actual conviction. Even for a first-time offender the potential penalties and fines, as well as possible jail time after being convicted should be enough to consider proper representation.

November 23, 2011

Monmouth County DWI Update: Thanksgiving Holiday Sees Rise in Drunken Driving Arrests for New Jersey Motorists

by Jonathan F. Marshall

While the warm weather months are definitely behind us, New Jersey State Police and local law enforcement agencies note that parties and friendly get-togethers during the holidays also bring out the drinker in many drivers. As nearly anyone who drives in the Garden State understands, drunken driving enforcement never really lets up, especially during the peak holiday season.

As DWI defense lawyers serving residents of Bergen, Middlesex, Atlantic and other counties across the state, we are well versed in the tactics and strategies used by state and municipal police officers to secure the arrest of suspected drunk drivers. In fact, anyone who knowingly operates a motor vehicle while under the influence of alcohol or, for that matter, prescription medication, should realize that the odds of being arrested for DWI or drug DUI can be quite high.

If a police officer witnesses a traffic violation, he or she will usually make a routine traffic stop based on that initial offense, minor as it may seem to the average driver. Once stopped, a motorist will be closely observed for signs of impairment, usually due to consumption of beer, wine or hard liquor. If the patrolman has a reasonable suspicion that the driver of a car, truck or motorcycle is inebriated an arrest is more or less forthcoming.
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November 19, 2011

NJ Drunk Driving News: New Jersey Drivers Convicted of DWI Can Face Severe Driving Restrictions

by Jonathan F. Marshall

With the economy still faltering and many people in counties like Atlantic, Middlesex and Monmouth have been seeking cheaper means of transportation, from public transportation to more personal modes of getting around, those motorists arrested or already convicted of driving while intoxicated have an added hurdle. As New Jersey drunken driving defense lawyers, I and my legal staff understand the implications of a drunk driving arrest, not to mention a potential conviction for operating a motor vehicle under the influence of alcohol or prescription drugs (drug DUI).

With the approach of winter weather, it’s difficult to imagine riding a bicycle or motorcycle to school or work, but for some there is little alternative, save walking. Anyone caught driving while impaired by alcohol, doctor-prescribed medication or even illicit drugs, such as marijuana or cocaine, have the added complication of being barred from driving a motor vehicle for months or even years.

Weather conditions not withstanding, some may think that a bike would be the perfect alternative, and it sometimes is, though much slower than a car or bus. Because of this, some people have turned to a quicker although slightly more expense alternative to the typical bike.

November 15, 2011

NJ Drunken Driving News: Male Drivers More Likely to be Arrested for DWI than Females

by Jonathan F. Marshall

Apparently someone’s winning the so-called battle of the sexes these days, though not in the way some would prefer. Based on a recent study conducted by the Centers for Disease Control (CDC), male drivers are more likely to operate a motor vehicle while under the influence of alcohol than female drivers. As New Jersey drunk driving defense attorneys, we can add that that with a higher rate of men driving while intoxicated that this portion of the population likely has a higher incidence of DWI arrests.

While it is true that not everyone who gets behind the wheel of a car, truck, motorcycle or watercraft when legally intoxicated is arrested and charged with drunken driving, it is also true that of those who are caught with a 0.08-percent or greater blood-alcohol content (or BAC) are sometimes surprised that they received a summons for DWI.

Similarly, with police enforcement of anti-drunk driving laws, a percentage of these arrests involve individuals accused of being impaired by doctor-prescribed medication (drug DUI) or even illicit drugs, such as cocaine and marijuana. These DUI cases arise from many of the same circumstances as DWI police stops; of course, both types of arrests can also occur at any of the dozens of DWI roadblocks and drunken driving checkpoints held every year in the Garden State.

As for the CDC’s report, nationwide, men are as much as four times more likely to get behind the wheel of a car or truck after having more than one drink than their female counterparts. According to news reports, the Centers for Disease Control and Prevention shows that this trend applies as much to residents of New Jersey as well as other states; verified by our own state’s Division of Highway Traffic Safety, local statistics indicate that 80 percent of fatal DWI traffic accidents involve a male driver.
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