New Jersey DWI Lawyer Blog

June 16, 2011

NJ State Police Institute Tighter Standards Regarding Troopers Arrested for DWI

In the wake of controversy revolving around State Police Trooper Sheila McKaig’s alleged drinking and driving incidents over the years, the New Jersey State Police have implemented new standards aimed at curbing potential abuses of power that some have said police officers occasionally commit when they are stopped for offenses such as DWI.

In McKaig’s case, numerous news reports indicate that she was never ticketed even though the officer was stopped multiple times for driving while intoxicated over the course of three months back in 2008. In this particular situation, the judge in the case did not recommend firing the trooper outright on the grounds that that McKaig did seek counseling and has been considered a model for other police officers.

Back to the NJ State Police and its newly instituted policies for officers caught driving under the influence according to reports, the agency has reportedly launched a review of the use by troopers of so-called “undercover identification cards.” Along with this, orders from up the chain of command within the State Police reportedly increase the accountability on the part of higher-ranked officers and requires more careful review of traffic stops (including car accidents) that may have been related to alcohol consumption.

As a New Jersey drunken driving defense lawyer, I and my staff, understand that the police have a tough job of maintaining the peace and bringing alleged perpetrators to justice. However, when the rules cease to apply to the vary people entrusted with the public’s safety this is when our tolerance as individuals and a society begins to be tested.

According to news reports, policy changes at the State Police will place responsibility squarely on the shoulders of regional commanders when a trooper is suspected of operating a motor vehicle under the influence of alcohol. In fact, based on information provided by local news sources, higher-ranking officers may even be required to respond themselves to the scene of a possibly alcohol-related traffic incident involving another law enforcement officer.
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June 14, 2011

Monmouth County Drunk Driving Police Blotter: Holmdel and Middletown DWI, DUI and Marijuana Arrests

by Jonathan F. Marshall

Every day in the Garden State, local and state police stop drivers for a variety of traffic violations. Some of these individuals are suspected of drunken driving, arrested and charged with DWI, drug DUI, or possession of marijuana in a motor vehicle. As New Jersey drunk driving defense lawyers, our job is to represent people who feel they have been unjustly accused of driving under the influence of alcohol or prescription medication (drug DUI).

Many DWI or DUI arrests start out as a simple traffic stop conducted by a municipal patrolman or state trooper. Whether the incident occurs in Bergen, Ocean, Sussex or Atlantic County, the scenarios can be quite similar, although the particular details — such as field sobriety test results, breathalyzer (or Alcotest) readings, or failure to submit to a breath or blood test — vary between cases.

The following is a brief list from police blotters illustrating the kinds of drunken driving arrests that can happen from one day to the next. Not every person is guilty, but it is always advisable to consult with a qualified DWI defense attorney to understand your particular circumstances.

Middletown Township
A local police officer working an early morning traffic patrol responded to a report of a car crash along a stretch of Belmont Ave. where a motor vehicle had apparently hit a fence and subsequently left the scene of the accident. After a brief investigation, the officer cruised around the local streets looking for the suspect vehicle, which he allegedly found parked in from of a local residence. The 19-year-old owner of the vehicle was arrested and charged with DWI, reckless driving, failure to report an accident and open alcohol in a motor vehicle. The woman was processed and then released pending a court appearance.

During the early morning hours, Middletown Twp. Police officers responded to a report of an individual slumped over the steering wheel of a parked car. Arriving on the scene, the officers found a 41-year-old Hazlet, NJ, man in the driver’s seat. Police reports indicate that the suspect had a strong odor of alcohol on his breath. The driver was subsequently arrested and charged with DWI, refusal to submit to a breathalyzer, driving under a suspended license and reckless driving. The man was processed and later released pending a mandatory court appearance.
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June 12, 2011

NJ Legal Defense Update: Summer is the Time for Underage Drinking, Driving and DWI Arrests

by Jonathan F. Marshall

With summer upon us and the school year all but over, youngsters from junior high and high schools all across the Garden State will be hitting the beaches, the malls and local meeting spots to kick off their summer vacation in a big way. Unfortunately, some of what young people do during their vacation is experiment with alcohol.

While many will argue that teenage drinking is part of the growing up, the state of New Jersey has strict rules against underage drinking, and even possession of alcoholic beverages by minors. As New Jersey drunken driving defense lawyers, I and my staff of experienced DWI attorneys know well the circumstances that can lead to a DWI arrest. Similarly, we also know how damaging an underage drinking or drunk driving conviction can be to an individual just starting out on his or her life’s journey.

Right of passage or not, New Jersey law does not recognize a minor’s right to drink, either in public or at home. Any adults who knowingly allow youngsters to engage in such activities is also opening themselves up to their own legal problems. It’s always advisable to follow the law and avoid a serious alcohol-related arrest and conviction down the road.

Many organizations around the state and throughout the nation believe that underage drinking represents an significant public health issue. Whether one agrees with this statement, it has been fairly well documented that alcohol — such as beer and wine — is the drug of choice among children and adolescents. This may not be too surprising due to the relative ease of access that kids have to household stock of alcoholic beverages.

Some parents and legal guardians believe that it is safer for young teens to drink at home, if they are going to drink anywhere, so those adults sometimes actively participate in a child’s drinking and hence breaking the law. In fact, under the state’s social host liability laws, any adult who chooses to supply beer, wine, hard liquor or another kind alcoholic beverage to a young person under 21 years of age can be held accountable if any of the underage individuals are killed or injured as a result. And then there are the potential liability suits.
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June 9, 2011

Bergen County, NJ, Drunk Driving Defense News: Apple to Remove Apps that Locate DWI Roadblocks

by Jonathan F. Marshall

Apparently Apple has joined Research in Motion in dumping software applications that allegedly notify drivers of the times and locations of sobriety checkpoints and drunken driving roadblocks. For anyone who doesn’t know, DWI checkpoints are set up by state and local police in areas that have a historically high incidence of drunk driving.

Motorists in Bergen, Monmouth, Ocean and Sussex County have no doubt seen these police enforcement techniques used throughout the years. And although these roadblocks are fairly random in nature, law enforcement agencies are required by law to announce future checkpoints to the public.

As a New Jersey DWI defense lawyer, I and my staff of experienced drunk driving attorneys understand the logic behind these sobriety roadblocks — that of catching motorists who may have had too much to drink and are legally intoxicated — however, we also know that many drivers do not even realize that their blood-alcohol content (BAC) is over the legal limit when they are stopped by police.

June 5, 2011

New Jersey State Trooper Faces Suspension for Multiple Drunken Driving Stops in Atlantic County

by Jonathan F. Marshall

As a New Jersey DWI defense attorney and former municipal prosecutor, I fully support the efforts of our law enforcement community in maintaining public safety. Everyday, uniformed men and women throughout the Garden State put themselves in harm’s way to help keep our cities, towns and villages pleasant and safe places to live and work. However, what I cannot abide is the apparent double standard that some police officers maintain when conducting their own affairs.

It is a sad commentary when a civil servant appointed by the people cannot live up to the same standards that they themselves are sworn to uphold. This applies not only to gross instances of criminality, but also to lesser infractions for which any other member of our society can be held accountable. As a drunken driving defense attorney, my focus is on helping those individuals who have been accused of driving while intoxicated, or otherwise impaired by alcohol, prescription medication (drug DUI), or even illicit drugs, such as marijuana.

Not long ago, a New Jersey State Police officer was recommended for suspension due to repeated drunken driving stops in the township of Hamilton. According to news reports, an administrative law judge recommended a 7-month suspension for Trooper Sheila McKaig in regard to the officer’s multiple drunken driving stops over a period of just three months back in 2008, and even earlier. Even though each of those traffic stops allegedly suggested suspected drinking on McKaig’s part, she was never subjected to blood-alcohol content (BAC) testing, nor was she charged with any violations.

June 3, 2011

Middlesex County DWI Arrest Update: Other Approaches to Fighting New Jersey Drunken Driving Charges

by Jonathan F. Marshall

It’s important to remember that a drunk driving arrest and subsequent DWI or drug DUI charges are not the end of the world. However, any time a person is picked up for driving under the influence of alcohol or driving while impaired due to prescription drugs one should always consult with a qualified DWI defense lawyer.

As New Jersey DWI-DUI defense attorneys, I and my staff have decades of experience in fighting for clients who have been accused of driving while intoxicated. Even those individuals who have been arrested for operating a motor vehicle while under the influence of illicit drugs, such as cocaine or marijuana, should speak with an experience legal professional to understand their rights under the law.

Here in the Garden State, whether you live in Ocean, Sussex or Monmouth County, the law considers you innocent until proven guilty. Fighting a DWI or DUI charge can be approached in many ways, depending on the individual circumstances. The following is a continuation of my earlier discussion on challenging a DWI arrest.

Rising Blood Alcohol Level
It’s may not seem logical, however it is possible for a motorist’s blood-alcohol content (BAC) to be measured at police headquarters sometime after the initial arrest and have a higher reading than if he or she had been measured at the scene of the traffic stop or sobriety roadblock.

How can this be? The fact is it takes an average of 50 minutes for alcohol that one has consumed to be fully absorbed in a person’s bloodstream. While this may seem like a long time, consider that it can take as long as three hours before a person reaches maximum BAC.

This is a critical point, especially if the drunken driving arrest occurs right after one has consumed the alcohol. In such cases, an individual’s BAC will likely still be rising at the time the police administer a breath test. In fact, even if your BAC was above 0.08 percent at the time of the blood draw or breath test, it could well have been under the legal threshold when you were actually on the road. (Because there is no law against having a BAC above 0.08 while at the police station, you might want to consult a drunk driving attorney to determine the best defense.
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May 31, 2011

Sales of DWI Sobriety Checkpoint Apps for Smart Phones on the Rise

by Jonathan F. Marshall

As the saying goes, knowledge is power; and apparently owners of smart phones are feeling more powerful every day. In the news of late are stories about the sales of software applications that allow users of iPhones, BlackBerries and Droids, among others, to keep track of drunken driving checkpoints, also known as sobriety roadblocks. Numerous government officials and police departments have been pressing Apple and Google to stop offering the apps, but this may be in itself be accelerating sales of the DWI alert software packages.

As New Jersey drunken driving defense lawyers, I and my team of experienced DWI attorneys are quick to advise people not to drink and drive. However, we understand that many motorists who are stopped by state and municipal police patrols don’t necessarily realize that they may be legally drunk, something which could end up costing them a great deal.

When a driver is pulled over at a drunk driving checkpoint, if a police officer detects signs of alcohol use he may request the driver to perform a variety of field sobriety tests. Once satisfied that the motorist is likely impaired by alcohol, the officer may also ask the driver to submit to abreathalyzer test. If his or her blood-alcohol content (BAC) measurement is 0.08 or above, the individual could be arrested and charged with driving while intoxicated. This is the beginning of a costly process that may lead to loss of the person’s job, alienation from family and friends, and possibly jail time under certain circumstances.

One way in which motorists are trying to avoid running into a sobriety roadblock is through the use of those DWI and DUI apps. According to news reports, these downloadable applications actually enable smart phone owners to pinpoint the locations of drunk driving checkpoints set from time to time up by police departments all across the Garden State.
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May 28, 2011

Morris County, NJ, Legal Defense: Is Hiring a New Jersey Drunken Driving Lawyer Really Necessary?

by Jonathan F. Marshall

Whether you’ve received a summons for driving while intoxicated or been arrested for prescription drug DUI, there’s a good chance that you’ve been wondering if a drunken driving defense attorney is worth the expense. It makes little difference whether you live in Morris, Ocean or Middlesex County, if you’ve been stopped by the NJ State Police or a local patrol officer, the resulting drunk driving arrest and possible conviction can complicate most anybody’s life.

Because there is so much to lose as a result of being convicted for drunk driving or illicit drug DUI, it’s a good idea to consult with an experienced DWI attorney to find out where you stand. Penalties for driving under the influence of alcohol, marijuana or other controlled dangerous substance (CDS) make it almost imperative to hire a drunken driving defense lawyer.

Maybe a recently traffic stop resulted in a DWI arrest, or perhaps a motorist received a summons for being intoxicated while parked on the roadside, the initial question one must ask is, “Was I really drunk?” The answer to this question is maybe yes, but maybe no. It all depends on the facts and the way in which the police conducted the initial traffic stop and subsequent DUI arrest.

Considering whether or not a DWI charge was warranted, a drunk driving defense attorney can look at all the specifics involved in the case and determine if a conviction is likely. Maybe it is, but one thing is certain, as with any aspect of the law a drunk driving conviction relies on a variety of factors and no outcome is ever written in stone.
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May 23, 2011

New Jersey Legal Defense: Male Drivers Not Only Group Found Drinking and Driving

by Jonathan F. Marshall

As DWI defense attorneys here in the Garden State, we can certainly say that the male contingent is not the only sector of the driving public who has a history of drunken driving arrests. While some may argue that men are more likely to be cited for driving while intoxicated, it’s actually understood that as a group female motorists are being stopped for impaired driving more often than, say, ten years ago.

As New Jersey drunk driving defense lawyers, I and my colleagues have defended numerous clients, many of them women, who have been accused of driving under the influence. It wouldn’t be a stretch to say that many people have made the mistake of getting behind the wheel of a motor vehicle after taking a few drinks. Of course, there are certainly fewer individuals out there who would consciously decide to drive while legally drunk, if they knew that they would end up in a courtroom accused of DWI.

The penalties for driving under the influence of alcohol or prescription drugs here in New Jersey can be quite heavy. And as we’ve seen over the past several years, women and men are constantly being introduced to what it’s like to be stopped for DWI. It wasn’t long ago that news articles, were heralding the new trend in drunk driving, that of female drivers being arrested on the highways and city streets.

May 18, 2011

Morris County, NJ, DWI-DUI News: Kinnelon Police Arrest 2 People for Marijuana Possession in Vehicle

by Jonathan F. Marshall

While some people may feel that being arrested for impaired driving only happens to those who drink and drive, DWI or more specifically, DUI, can also pertain to motorists stopped by police and found to be under the influence of a controlled dangerous substance (CDS), such as cocaine or marijuana. drug DUI, which can also apply to individuals determined by the police to be impaired by prescription medication, is relatively common in the Garden State.

As New Jersey drunk driving defense lawyers, I and my colleagues understand how a causal user of marijuana could be charged with possession of marijuana, or weed, while driving their vehicle in Middlesex, Monmouth or Ocean County. Not surprisingly, the New Jersey legal system applies the same strict enforcement of DUIs as it does DWIs. While the substance may be different, a CDS instead of beer, wine or hard liquor, the penalties can be just as severe.

A news article not long ago illustrated what can happen when a driver is stopped by police and found to have been using an illicit drug while operating a motor vehicle. According to news reports, two people were arrested by police and charged with marijuana possession in Morris County apparently following a routine traffic stop.