New Jersey DWI Lawyer Blog

August 12, 2011

Sobriety Checkpoints and Increased Drunken Driving Patrols in Morris County, NJ

Drivers traveling in the Rockaway Township area, and other municipalities around the Garden State, will likely be seeing more and more drunken driving patrols on New Jersey roadways in the coming weeks as the Labor Day holiday approaches. During times such as this, law enforcement agencies in Morris, Bergen, Monmouth and other counties across the state will be operating heightened anti-DWI patrols as part of the annual nationwide “Over the Limit, Under Arrest” drunk driving crackdown.

The enhanced enforcement period is apparently due to begin on next week on August 19 and run through Labor Day weekend, ending on September 5. During this period motorists can expect to see and perhaps be the subject of police sobriety checkpoints (also known as DWI roadblocks). The purpose of this type of roadside anti-drunken driving enforcement technique is to identify drivers who may be operating their cars while impaired by alcohol, prescription medications (drug DUI), and even illegal drugs, or controlled dangerous substances (CDS) like marijuana and cocaine.

In places like Rockaway Twp., local police officers participate in this statewide intoxicated driving enforcement program, which is funded by the federal government through grant monies. These additional outside funds allow police departments to operate drunk driving checkpoint during “high risk” periods, such as national holidays, as well as maintain roving patrols to target motorists who may be impaired due to alcohol use.

As drunk driving lawyers providing DWI defense for New Jersey residents, I and my colleagues have seen the effect of enhanced enforcement campaigns. Numerous drivers are picked up either on the road or at DWI roadblocks and charged with driving under the influence, breath test refusal and other related offenses.
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August 8, 2011

NJ Legal Defense Update: Might Seatbelt Use Actually Help Drivers Avoid a DWI-DUI Arrest?

by Jonathan F. Marshall

There’s nothing conclusive, but recent news regarding safety belt usage in the Garden State might have some people wondering if increased belt usage is good for reducing drunken driving arrests as well. Of course, there likely very little direct correlation between wearing a seatbelt and being stopped by a police officer for any number of other, traffic-related violations, such as driving under the influence of alcohol or prescription drugs (drug DUI). Yet, with more people every year wearing safety belts, police may have less reason to pull drivers over for violating this primary offense law.

As New Jersey DWI defense attorneys, I and my staff of experienced DWI lawyers know that one of the ways an individual can be issued a summons for driving while intoxicated from beer, wine or hard liquor is violating any one of dozens of other traffic laws. From seemingly minor violations like a broken tail lamp lens, to more serious offences like running a stop sign or speeding, there are a multitude of reasons why a New Jersey State Police trooper or local municipal patrolman might stop a motorist on the highway. Once stopped, a driver who exhibits signs of inebriation could find himself on the receiving end of a drunken driving summons.

Whatever the cause of the initial traffic stop, a DWI or marijuana possession conviction could spell the end of a promising career or marital relationship. Recent news reports suggest that more people are wearing their safety belts when driving, which means fewer seatbelt-related violations and, by association, fewer traffic stops. It could also be that those individuals who choose to drive drunk, or even those who may not realize they had a bit too much to drink at that family reunion, are belting up as a matter of course and avoiding one of the reasons that police can use to pull a driver over.
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August 5, 2011

Mercer County, NJ, Drunk Driving News: DWI and Drug Possession Arrests in East Windsor Twp.

by Jonathan F. Marshall

As drunken driving defense attorneys, I and my experienced staff of DWI lawyers understand the monetary and legal implications of a drunken driving or prescription drug DUI arrest faced by many motorists. Getting a ticket for driving under the influence is nothing to take lightly, even as a first-time DWI offender. Although it may not appear to be a serious issue, many people do not realize the potentially life-altering events that a drunk driving conviction can set in motion.

Of course, even a summons for driving while intoxicated or breath test refusal can impact a person’s personal life, job situation or standing in his or her local community. Add a conviction on top of an arrest, and this can translate into a significant event for almost anyone accused of operating a motor vehicle while impaired by alcohol, prescription drugs or other controlled dangerous substance, such as marijuana.

As a New Jersey drunken driving and drug DUI attorney, my firm defends individuals from all around the Garden State including Monmouth, Atlantic, Burlington and Hudson counties. And while the facts behind every DWI or drug DUI case are unique, the circumstances of the arrest can be similar. As well, the consequences and possible DWI penalties for a drunk driving conviction in New Jersey are usually very comparable based on the seriousness of the charges.

Below are a number of news items from around Mercer County, based on police blotter information from local news sources. These few items represent just a fraction of the arrests that take place every week in and around the state. Of these, police officers make dozens of arrests for variety of drunk driving and prescription medication DUI violations. The penalties for drivers found guilty of DWI or drug-impaired operation of a motor vehicle can be quite costly.
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July 31, 2011

NJ Drunken Driving News: Could Boosting Fines for Stay-Right Traffic Law Increase DWI Arrests?

by Jonathan F. Marshall

It should come as no surprise that many drunk driving arrests arise from another, sometimes simple, traffic violation. Whether or not a driver is pulled over in Union, Passaic or Somerset County, a traffic stop can result from something as seemingly minor as a failure to signal a lane change. But once that motorist has been pulled over for a small traffic infraction, the officer in charge has the opportunity to examine the driver for signs of intoxication.

As New Jersey DWI-DUI defense attorneys, I and my staff of experienced drunk driving defense lawyers understand what goes into making a successful DWI conviction, or an acquittal. As a former municipal prosecuting attorney, I have worked the other side of the aisle, which gives me additional insight into the strategies and tactics that the state uses to attain a conviction.

Of course, the process all starts out on the street, typically after the aforementioned and, for the officer, routine traffic stop. While a percentage of DWI arrests stem from sobriety checkpoint encounters, most can be said to take place when a patrolman observes a violation in progress. One of the potential violations is not keeping to the right, except to pass.

While it is difficult to know how often State Police and local patrolmen see a vehicle not adhering to the stay-right law and don’t stop that car or truck, it’s a fair bet that where there’s money to be made (read: increased fines), there is potential for increased enforcement.
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July 30, 2011

DWI Legal Defense Update: Do You Really Think You’re Safe with a BAC Below 0.08 Percent?

by Jonathan F. Marshall

First off, and we’ve said it here countless times, whether a motorist is arrested and charged with DWI in Atlantic, Essex, Hudson or Bergen County, the consequences of a drunken driving conviction are the same across the Garden State and a conviction can be very damaging to an individual’s personal relationships, business career and standing in his or her community. With that said, it’s important to mention that being charged with DWI and being convicted for drunken driving are two separate things.

Drunk driving penalties aside, no one wants to have a DWI or drug DUI on their record. And while most people would choose to fight an impaired driving charge in court, the ones who go it alone take a big gamble without representation. In fact, there are instances where a motorist may not think that he or she has much to worry about because their breath test results were under the so-called legal limit of 0.08 percent blood-alcohol content (BAC), yet the prosecution may have the upper hand.

As New Jersey DWI defense attorneys, we know drunk driving law and see it in action on a daily basis. Being familiar with the various jurisdictions across the state can also be an advantage, although the law is the same regardless of the county in which one is arrested. We also handle drug DUI cases, which can include impaired driving while on prescription medication, as well as marijuana possession in a vehicle and other kinds of DUI, such as those cases related to use of controlled dangerous substances (CDS).
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July 28, 2011

US Supreme Court: Breathalyzer Results Not Valid Evidence Without Operator Testimony to Back It Up

by Jonathan F. Marshall

In cases where a motorist has been arrested for drunken driving, one of the more significant pieces of evidence for the state is the resulting blood-alcohol content (BAC) measurement from the breathalyzer or Alcotest device employed by police agencies all across the Garden State. One thing to keep in mind, however, is that this machine on its own cannot convict a motorist of driving while intoxicated.

As New Jersey drunken driving defense lawyers, I and my staff of experienced DWI attorneys have decades of experience representing driver accused of DWI and drug DUI. Regardless of whether you live in Ocean, Monmouth, Sussex, or Bergen County, when a police officer detects evidence of alcohol consumption by a driver, the resulting DWI arrest and drunken driving summons can set the stage for events that can change a person’s lifestyle, career and even their personal relationships.

Just last month, the U.S. Supreme Court made a ruling that may be of some help to those accused of drunken driving, especially if their BAC level was measured on a breathalyzer machine. According to news articles, the recent U.S. Supreme Court decision (Bullcoming v. New Mexico) made it clear that any results from an Alcotest machine or other breath testing device must be backed up by the operator’s testimony in court, or the results cannot be used as evidence against the defendant.

In this case, Donald Bullcoming was arrested on suspicion of DWI following a traffic accident with another vehicle. A state forensics laboratory tested the driver’s blood and determined that it his BAC was well over the legal limit. Taking his case to trial, Bullcoming’s conviction came without the testimony of the state technician who ran the BAC test. That individual was apparently not available due to being on unpaid leave. In lieu of testimony, state prosecutors introduced the technician’s written report combined with testimony from another technician familiar with the lab’s testing procedures.
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July 26, 2011

NJ Drunk Driving News: Allegedly Drunken Boater Arrested for BUI After Slamming Powerboat into Gazebo

by Jonathan F. Marshall

With summer fully underway, it’s not uncommon to hear of more drinking and driving arrests on Garden State roadways. And, with these warm and sunny days, boaters are out in droves enjoying the refreshing sea air and inland waterways. What is also a given during the summertime months is an increase in drunken boating enforcement.

Known as BUI (or boating under the influence), local and state law enforcement and public safety officers are on the prowl for skippers of watercraft who may be operating their boats while impaired by alcohol, prescription medication or other, sometimes illicit drugs (also referred to as controlled dangerous substances or CDS). As New Jersey DWI defense lawyers, my firm is well versed in the various state laws and legal statutes related to driving a car or boat while intoxicated.

The same standards used in the enforcement of drunk driving laws for automobile drivers apply to that of boaters. Every captain of a watercraft should consider the implications of boating while intoxicated, just as every motorist needs to take into account the potential consequences of driving a car while impaired by beer, wine, hard liquor or doctor-prescribed medication (drug DUI), even marijuana and cocaine.

Whether you are in Atlantic, Ocean or Cape May, driving drunk on a New Jersey road or piloting your fishing or pleasure boat while intoxicated; either way you could be cited for DWI. A boater whose blood-alcohol content (BAC) is over the legal limit of 0.08 percent can be arrested and charged with BUI. And the same applies to drug DUI and breath test refusal when on the water.
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July 22, 2011

Bergen County DWI Arrest News: Police Charge Drunken Driver after Motorist Hits Pedestrian at Meadowlands

by Jonathan F. Marshall

It appears that many of the stories we find in the news these days involve accused drunken drivers who have become involved in a car or truck accident as a result of their alleged alcohol consumption or use of prescription medication (drug DUI). A smaller percentage of accidents also involve individuals accused of illegal drug use, such as marijuana or cocaine (otherwise known as controlled dangerous substances, or CDS for short).

Regardless of whether a motorist lives or works in Sussex, Monmouth, Ocean or Passaic County, the aftermath of a potential DWI or drug DUI conviction can haunt a person for years following the initial incident. For this very reason it is always a good idea to retain the services of a competent and qualified drunken driving defense lawyer, if only to determine what your options might be following a DWI arrest.

For those picked up by police for drunk driving as a first offense, it may seem too easy to accept the penalties and plead guilty, while under the false impression that only one DWI conviction will not cause too much upheaval in one’s life. Or those people who believe this is the best approach to a DWI-DUI arrest or summons, we couldn’t disagree more.

To start, accepting a guilty plea for a first-time drunken driving offense may seem to be the easiest way to go — and believe us, it is for the prosecuting attorney handling the case — this is not going to make one’s life easier. The penalties for a first offense may be slightly less than a second or third DWI offense, but the impact to one’s auto insurance rates as well as the potential damage to one’s personal and business reputations could be catastrophic.
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July 19, 2011

Following Fatal Garden State Crash, Brick Township PR Official is Charged with DWI

by Jonathan F. Marshall

If we’ve said it once, we’ve said it a thousand times; a drunk driving defense is only complicated when the DWI arrest is associated with a traffic accident. It makes little difference whether one lives in Bergen, Middlesex, Mercer or Atlantic County, when you throw in an injury or fatality along with a drunken driving accident the job of the DWI defense attorney is made that much more difficult.

Still, despite our suggestions to avoid driving while intoxicated, dozens of motorists every week are arrested here in the Garden State for operating a motor vehicle while impaired by alcohol or prescription medication (drug DUI); some of the individuals also become involved in what can only be termed DWI-related traffic accidents; some of which are fatal crashes, while others may entail only minor injuries.

Of course, as stated previously, killing another individual while allegedly under the influence of beer, wine or hard liquor is not a situation anyone wishes to be in. But it does happen, and with greater frequency than many people might guess. Not long ago, a Brick Twp. employee was charged with driving while intoxicated when he allegedly caused a traffic accident that left a teenager dead.

Based on news reports, 53-year-old Patrick Doyle of Ocean County was reportedly headed south along a stretch of Jordan Rd. when he attempted to pass a second vehicle on the two-lane road just after 10pm in the evening. In the process of the maneuver, police reports indicated that Doyle’s vehicle entered the northbound lane, at which point the man’s car allegedly struck the youngster who was on his skateboard near the shoulder of the roadway.
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July 16, 2011

DUI Legal Defense Update: Jersey Law Enforcement Agencies Step Up Anti-BUI Drunken Boating Patrols

by Jonathan F. Marshall

As New Jersey drunken driving defense attorneys we won’t argue that mixing alcohol with boating can lead to disaster, but at the same time it is certain that many people who are arrested for drunken boating (boat DUI or “BUI”) may have been falsely charged. Of course, if this is the situation then a person must take their case to court. Why? Because BUI has the same implications and potential penalties as driving a motor vehicle while intoxicated.

Drunken boating offenses, like that of drunk driving, are enforced by state and local police agencies. During enhanced BUI enforcement periods, anti-drunk-boating patrols can be manned by a combination of local police, New Jersey State Police and the United States Coast Guard (USCG). Just like the campaign that recently concluded, named “Operation Dry Water,” the USCG and New Jersey State Police teamed up to seek out boat operators whose blood-alcohol content (BAC) levels exceeded the national legal limit of 0.08 percent.

As many people already know, 0.08 percent is the identical value that can put a four-wheeled motorist on a course for a DWI conviction. In fact, according recent stats from the USCG, BUI is the main causal factor when it comes to fatal boating accidents — based on those figures, say news articles on the subject, 17 percent of private watercraft deaths can be traced directly back to some kind of alcohol consumption or drug use prior to the fatal accident.
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