New Jersey DWI Lawyer Blog

November 12, 2011

NJ Legal Defense: Penalties Abound for Garden State Motorists Convicted of Driving While Intoxicated

Being stopped by the police here in New Jersey for a traffic-related offense is not uncommon, nor out of the ordinary. With more than eight million residents and a population density of nearly 1,200 people per square mile, the odds of someone you know getting a traffic ticket in the next 12 months is actually quite high. What many people do not expect, when their “time” comes, is that they could also receive a summons for DWI as well.

The fact of the matter is, anyone who takes a drink prior to hitting the roads anywhere across the Garden State runs the risk of being arrested for drunken driving. Not that every driver who gets pulled over for a broken taillight or cracked windshield will be charged with driving while intoxicated, but the chance does exist. The odds of being accused of driving under the influence rises with the amount of beer, wine or hard liquor one may have consumed before getting behind the wheel.

As New Jersey DWI defense lawyers, I and my colleagues have extensive experience representing motorists who have been arrested for drunken driving, as well as drug DUI. Drug DUI, it should be explained, is similar to DWI, except it applies to an individual who is suspected of operating a motor vehicle while under the influence of prescription medication or illicit drugs. Marijuana, cocaine and crystal meth come under the latter heading.

Whether you live in Hudson, Essex, Passaic or Bergen County, if you are convicted of DWI or drug DUI, severe penalties can be attached to that conviction. Someone who has been issued a traffic ticket or a summons for DWI, DUI or breath test refusal, is well advised to contact a qualified legal professional to better understand his or her rights, as well as familiarize themselves with the potential fines and fees associated with a drunken driving conviction.
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November 8, 2011

Drunk Driving Roadblocks Suspended in Elmwood Park, NJ, But Not for Long

by Jonathan F. Marshall

First and foremost, anti-drunken driving enforcement in the Garden State is handled in a number of ways. While enhanced roving DWI patrols in counties like Monmouth, Bergen and Ocean are often used before and during popular holidays, such as July Fourth, New Year’s, Memorial Day and others, drunk driving checkpoints, or Sobriety roadblocks as they are also known, are randomly set up all over the state usually in the late evening and early morning hours on Fridays and Saturdays — days of the week that typically have a higher incidence of motorists driving while intoxicated.

As New Jersey drunk driving defense lawyers, I and my legal staff are familiar with the typical tactics used by state and municipal law enforcement agencies to catch drivers who may be operating their car, truck or motorcycle while impaired due to alcohol or prescription drug use. In a percentage of cases, drivers are arrested for driving under the influence of illicit drugs (also known as controlled dangerous substances), like cocaine and marijuana (drug DUI).

When it comes to Sobriety checkpoints, these are commonly used by police departments to catch drunken drivers and help reduce many of the alcohol-related traffic accidents and fatalities throughout the state. So as to be fair, especially under New Jersey state law, state, county and municipal law enforcement authorities are required to publish the operating times and specific locations of upcoming sobriety roadblocks.

As drunk driving defense attorneys representing New Jersey drivers who have been accused of DWI or DUI, we know that that the mandatory public notification of these drunk driving checkpoints are not always published in the most convenient or accessible manner. This is why, from time to time, we ourselves post notices of upcoming or active DWI roadblocks for public use.

It is our contention that if the public knows about the existence of a checkpoint/roadblock, then there would be a better chance that individuals would perhaps avoid the general area during those hours, especially due to the greater likelihood of coming into contact with a drunk driver. This is because, police departments are limited by law to set up DWI checkpoints only in areas that have a historically high rate of drunk driving arrests or accidents.

It goes without saying that during a DWI roadblock, motorists who are stopped by police may be subjected to field sobriety testing and/or breathalyzer testing as a way to determine the driver’s blood-alcohol content, or BAC. We would remind any one who has been issued a summons for drunken driving arising from a police stop at a DWI checkpoint to seriously consider retaining a qualified drunk driving defense attorney to better understand one’s rights under the law.
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November 6, 2011

Bergen County Drunken Driving Defense Update: Legal Process of a New Jersey DWI Case

by Jonathan F. Marshall

Being arrested for driving under the influence of alcohol, prescription medication (drug DUI) or an illicit drug/controlled dangerous substance (CDS), such as marijuana, cocaine or heroine, is just the beginning of a journey that will take a defendant from drunken or impaired driving charges all the way through to a possible conviction and sentencing (including fines and other penalties).

As New Jersey drunk driving defense lawyers, I and my staff of experienced DWI attorneys understand very well the laws that pertain to driving while intoxicated her in the Garden State. Whether one is stopped in Monmouth, Atlantic, Passaic or Middlesex County, the process and procedures for a DWI or DUI case are more or less the same. Following the arrest and pressing of charges, it should be obvious that most individuals will want to talk to a qualified legal expert in this area of the law.

While the local procedures and customs vary from municipality to municipality, the overall process covered here is generally what any driver accused of DWI, DUI, breath test refusal or other drunken driving-related charges can expect to go through. Naturally, if you are currently charged with drunken driving and have a court appearance set for the future, it is advisable to consult with an experienced attorney to better understand your rights up front.

Following an arrest for driving under the influence of beer, wine or hard liquor, a New Jersey motorist can expect to be arraigned. An arraignment proceeding is typically the defendant’s first court appearance before the court to hear the charges against him or her. If the defendant has secured counsel before the arraignment date, usually the appearance can be waived pending a pre-trail conference. If the defendant is going it alone, then an appearance before a judge — for his or her arraignment — is mandatory.
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November 3, 2011

Ocean County, NJ, DWI News: Manpower Reductions Affecting Lacey Township’s Drop in Drunken Driving Arrests

by Jonathan F. Marshall

While some municipalities across the Garden State are claiming continued victory in the battle against drunken driving — quantified by the total number of DWI and drug DUI arrests annually — other towns and cities are seeing cutbacks in manpower, which apparently is taking its toll on the number of motorists being charged with driving while intoxicated. Doubtless, the effects of a struggling economy are being felt all over, even in Monmouth,Bergen and Ocean County, among others.

With many police departments trying to do more with less, it’s not surprising that areas like Lacey Twp. are feeling the pinch. According to news reports, less manpower on the street has equated to fewer drunk driving summonses. In Lacey, arrests for driving under the influence have been on the decrease since 2008, based on news reports.

As New Jersey DWI defense attorneys, my firm is trained to represent those individuals who have been charged with driving while impaired by alcohol, doctor-prescribed medications, or controlled dangerous substances (CDS), such as marijuana and cocaine. The penalties for DWI and drug DUI can be quite harsh, even for first-time offenders, which is why we always recommend consulting an experienced drunken driving defense lawyer after a police arrest.

Getting back to the effect of reduced manpower on the state and local police departments; although studies on nationwide instances of DWI indicate that Americans may be drinking and driving less frequently, statistics coming out of some New Jersey municipalities show that DWI arrest rates have at best remained unchanged — Barnegat Township is apparently one of those “steady-state” areas, which flies in the face of the overall downward trend in DWI-DUI arrests across the rest of the U.S.
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November 2, 2011

Monmouth County Drunk Driving News: Teens’ Car Strikes Police Car at DWI Checkpoint, Officer Injured

by Jonathan F. Marshall

There are always a few things that you don’t want to happen when it comes to driving drunk here in the Garden State. First, underage drinking (and even underage possession of alcohol) should be avoided since it can affect a youngster’s future without him or her even knowing it. Second, if one is bound and determined to operate a motor vehicle while under the influence of alcohol or prescription medication (drug DUI), don’t hit a police patrol car or injure an officer while you’re at it.

As New Jersey DWI defense lawyers, I and my staff of experienced drunken driving attorneys understand that kids experiment with all manner of things and activities. Some are harmless, some simply embarrassing; but drinking and driving as a minor can put a real dent in one’s future. Of course, teenagers are not always receptive to this message, so it really goes out to all the parents.

This warning applies to families all across the state. Whether you live in Atlantic, Sussex, Ocean or Passaic County, DWI and drug DUI can be costly, not only financially but in terms of being potentially damaging to one’s social standing and career prospects as well. For teens, an arrest for DWI or drug DUI can affect individuals in their adult years as well, which makes it advisable to contact a qualified drunk driving defense attorney to better understand the charges against your underage son or daughter.

Earlier this month, two teenagers ended up in trouble at one of the many roadside DWI checkpoints that appear from time to time across the state. This one, in Monmouth County, was about to go into operation by the Holmdel police. According to news reports, police were setting up the roadblock when the incident occurred just before midnight.
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October 30, 2011

Garden State DUI News: Monmouth County, NJ, Police Blotter Shows Drunk Driving Arrests in Middletown

by Jonathan F. Marshall

All across the Garden State in counties such as Passaic, Bergen, Ocean and Union, numerous individuals are pulled over for traffic infractions while traveling on highways and surface streets. Many of these drivers are subsequently arrested on suspicion of driving under the influence of alcohol, and sometimes prescription meds or even illicit drugs (drug DUI).

Whatever the circumstances, it’s a fair bet that many of these people never imagined that they would be arrested or even charged with a DWI or DUI prior to being pulled over by the police. As New Jersey drunken driving defense lawyers, I and my colleagues can say with relative certainty that a percentage of motorists accused of DWI did not deserve to be arrested or served with a summons. Because of this, anyone who is charged with driving while intoxicated or otherwise impaired due to prescribed drugs or other substances, such as cocaine or marijuana, should consult with a qualified DWI attorney.

The following news items, pulled from the local Middletown, NJ, police blotter, represent the typical kinds of DWI and drug DUI arrests that occur every week in New Jersey. Although the location and specifics of each police arrest may change, the resulting fees, fines and penalties following a drunk driving conviction can be rather harsh, as can the reaction of one’s friends, relatives and business associates; all the more reason to fight a DWI charge whenever possible.
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October 27, 2011

Drunk Driving Stats Show Decrease Nationwide, But New Jersey Arrests Holding Steady

by Jonathan F. Marshall

One would think that with all the extra anti-drunken driving enforcement across this state that surely New Jersey would be experiencing a decrease in DWIs just like the rest of the nation. Apparently, that’s hardly the case. Whether due to what some might call “over-enforcement” or because the Garden State has such a large population that it tends to set its own standards, one thing is for certain: this is not the place to get behind the wheel in anything near an impaired condition.

From Passaic to Ocean and Bergen to Cape May County, local and state police are constantly on the alert for any motorist that may be inebriated. Intoxication due to beer, wine or hard liquor; or impairment from prescription medication or even illicit drugs like cocaine and marijuana, this state’s law enforcement community is reportedly racking up its share of DWI and drug DUI arrests on a weekly basis.

As New Jersey drunk drivin defense attorneys, we know how easy it can be to be stopped on the road while legally intoxicated. Even those people who believe whole-heartedly that they are not drunk have been arrested and taken before a magistrate to face stiff penalties for DWI, DUI, breath test refusal and other drunk driving-related charges.

A recent news article seems to indicate that, here in New Jersey, the number of arrests for driving under the influence is not declining in concert with the nationwide drop in drunk drivers. What does it mean? Well, it would appear that New Jersey drivers in places such as Ocean County’s Barnegat Twp. need to consider that local police are still out in force, arresting drunken drivers and handing out summonses at about the same rate as in prior years.
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October 24, 2011

Monmouth County Drug DUI Update: New Jersey Drivers Arrested for Marijuana Possession — Part 2

by Jonathan F. Marshall

As we mentioned a while back, it’s relatively easy to get pulled over for a traffic-related offense here in New Jersey. In fact, something as minor as not making a complete stop at a controlled intersection, or not signaling a turn properly can result in a traffic stop. But it’s after this initial police stop that can get a motorist in really hot water — that is, receiving a summons for drinking and driving.

It makes little difference whether one is stopped for a non-working brake light or cracked windshield, if you live in Hudson, Ocean, Bergen or any of the other counties throughout the Garden State, chances are you will at one time or another be pulled over for some type of traffic infraction.

Once a patrolman has stopped a motor vehicle, the driver may be interviewed as to the reason for the offense. If the police officer detects alcohol or drug use, a whole other line of questions may ensue, which may or may not lead to an arrest for DWI or drug DUI. A percentage of traffic stops may result in some kind of marijuana-related charge, depending on the circumstances.

Not surprisingly, cannabis (or weed) is one of the more common illegal substances encountered by law enforcement officers patrolling this state’s highways. Similar in nature to a drunken driving traffic stop, being pulled over and subsequently charged with a (marijuana-related) drug DUI, or simply possession of a controlled dangerous substance (CDS) like cannabis, is more common than many people may realize.
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October 21, 2011

NJ Drunken Driving News: Ocean County Motorist Charged with DWI in Fatal Garden State Pkwy Crash

by Jonathan F. Marshall

Fighting a drunken driving charge is serious business and should never be taken lightly. Guilty or innocent, anyone who has been charged with DWI or drug DUI (usually because of alleged impairment due to prescription medication) needs to understand that the financial and social implications of a drunk driving conviction can have long-term effects on an individual and his or her family.

Too many times, a defendant has stepped into a New Jersey courtroom without the aid of an experienced legal professional only to lose his case and be hit with heavy DWI-related fines and penalties. As New Jersey DWI and DUI defense lawyers, I and my staff know the ins and outs of the state’s legal system, and drunken driving law in particular. As a former municipal prosecutor myself, I have first-hand experience from the other side of the aisle regarding the methods and tactics of the state’s legal representatives.

As a cautionary note coming from one who knows the potential pitfalls of a poorly executed DWI defense, the last thing a defendant wants to have, in addition to an actual DWI arrest, is charges related to a fatal car crash allegedly occurring as a result of being impaired while operating a motor vehicle. Serious consequences can result from a conviction for negligent driving, vehicular assault, or manslaughter by motor vehicle.

According to news reports, an Ocean County, NJ, resident was recently indicted on the charge of vehicular homicide, as well as numerous other charges following a fatal car crash on the Garden State Parkway in Monmouth County last April. Based on police reports, 20-year-old Eric Pereira was allegedly intoxicated while using a cellphone and exceeding the posted speed limit when his vehicle rear-ended a van, which fatally injured a 43-year-old Middletown man.

Based on a joint investigation carried out by the NJ State Police and the Monmouth Co. Prosecutor’s Office, the April 2 crash occurred around 11am as Pereira was headed south in the local lanes of the Parkway at what police describe as a “high rate of speed.” According to reports, Pereira’s vehicle hit the victim’s van from behind, causing that vehicle to hit a nearby guardrail, flip over and slide into the Parkway’s express lanes.
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October 18, 2011

New Jersey Drunk Driving News: Camden and Gloucester County Police Officers Named Toughest for DWI Arrests

by Jonathan F. Marshall

As we mentioned a few weeks back, many cities and towns throughout the Garden State have received funding for enhanced DWI patrols and drunken driving checkpoints (also referred to as DWI roadblocks). Many of these municipalities also happen to have some of the highest arrest rates in the state, which may in part be doe to the additional funding, or could be attributable to the zealous nature of their police force, at least as it applies to enforcing drunken driving laws.

As a New Jersey DWI defense attorney, my firm represents numerous drivers from counties such as Middlesex, Bergen, Hudson and Union who have been accused of driving while intoxicated, impaired driving due to prescription medication as well as breath test refusal and marijuana possession in a motor vehicle. It goes without saying that a percentage of these individuals likely were stopped in areas receiving funding for increased DWI enforcement.

As we have said before, suspicion that a driver may have had too much to drink is not sufficient grounds for the police to stop a vehicle. In order for a drunken driving arrest to be valid, the officer in charge must first have reasonable suspicion that a traffic infraction has been committed; this usually means that the officer must first observe the driver of a car or truck perform an illegal traffic maneuver, exceed the posted speed limit, operate his or her vehicle with some kind of equipment problem, or another kind of traffic offense.
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