New Jersey DWI Lawyer Blog

December 6, 2010

New Jersey Superior Court Denies Impaired Driver’s Appeal in Marijuana-related Drug DUI Case

Anyone who thinks that smoking marijuana, weed or cannabis is safer than drinking alcohol and then getting behind the wheel of a motor vehicle apparently hasn’t been pulled over for drug DUI…yet. As a New Jersey DWI defense lawyer, I can tell you that New Jersey’s law enforcement community is just as committed to arresting and charging drivers who smoke-and-drive as those who drink and drive.

One of the main differences is that pot is illegal, putting aside the issue of medical marijuana for a moment. Possession in a motor vehicle is a chargeable offense, as is driving under the influence of the drug. As a controlled dangerous substance (CDS), marijuana use can get an individual in hot water, much less being caught for driving while smoking weed.

Not long ago, a New Jersey appellate decision upheld a portion of lower court ruling involving a motorist who was charged with marijuana-related drug DUI. According to court records, Reynold Regis filed an appeal (STATE v. REGIS) for a July 2009 conviction in which he was found guilty of CDS DUI.

December 3, 2010

NJ Supreme Court to Review Appeal Involving Ocean County DWI Case Involving Over-serving of Alcohol

by Jonathan F. Marshall

The desire to place blame is quite common especially when a traffic accident results in injury or death. The question in some drunken driving cases involves determining who was ultimately responsible for the accident. Was it the driver who allegedly consumed too much alcohol or was it the bar, pub or restaurant that served that individual and then allowed him or her to walk out the door.

As some may know, there is a 1997 amendment to New Jersey’s auto insurance statutes that essentially denies drivers who have been found guilty of drunken driving to recover damages for injuries they suffered as a result of a DWI-related car crash. What is at issue here is that there is an older law that some say is in direct conflict with the ’97 law.

In 1987, a New Jersey statute was put on the books that effectively says business establishments that serve alcohol to customers are responsible if they are found to have negligently over-served liquor to a customer. Because these two laws are apparently at odds with each other, New Jersey’s high court will likely decide which law takes precedence over the other.

November 30, 2010

Burlington County Woman Arrested in North Arlington, NJ, After Crash; Charged with Drug DUI, CDS Possession

by Jonathan F. Marshall

There’s nothing like a traffic accident to draw attention to a driver who may be under the influence of alcohol, marijuana, prescription drugs or a controlled dangerous substance (CDS) such as cocaine or meth. As a New Jersey drunken driving defense attorney, I and my staff understand the potential of a DWI or drug DUI arrest. In either situation, state and local police have little tolerance for motorists who drive while intoxicated.

Furthermore, getting into an accident, no matter how minor, will only make things worse for a driver who may have already violated New Jersey’s anti-drunk driving laws. Not long ago a woman was arrested in North Arlington, NJ, after apparently losing control of her vehicle and hitting some parked cars. As Bergen County DWI defense lawyers, my firm handles cases not unlike this, which include multiple charges, potentially stiff fines and even possible jail time, depending on the individual circumstances.

According to news reports, in the early morning hours on a Friday police received a call regarding a car accident along Newell Place in North Arlington. Officers responded to the scene at about 12:30am to find that a black Mercedes-Benz had hit three parked vehicles. The driver was attempting to get out of her car when police approached the car.

November 28, 2010

NJ Police Blotter: Ocean County Drunk Driving, Underage Possession of Alcohol and CDS Arrests

by Jonathan F. Marshall

An out-of-state motorist was pulled over on West Bay Ave. in Barnegat Township when officers observed a vehicle being driven the wrong way. Stopping the vehicle, police interviewed the 48-year-old driver who apparently exhibited signs of being drunk and under the influence of alcohol. The man was arrested by officers, who charged him with a number of violations including DWI, reckless driving and traveling the wrong way on a one-way street.

Another Ocean County arrest occurred along Rte 72 when a patrolman stopped a man for speeding along a stretch of the road. According to police reports, the 23-year-old driver was allegedly found to have an open container of alcohol in his vehicle at the time of the traffic stop. As a result, police arrested the driver and charged him with DWI, having an open alcoholic beverage container in the vehicle, as well as reckless driving and speeding. The man was subsequently released.

A 55-year-old driver was stopped along a stretch of Barnegat Blvd. after police observed his vehicle traveling the wrong way on a one-way street. The South Plainfield resident was arrested and charged with driving while intoxicated, as well as reckless driving, driving the wrong way and having an open alcohol container in his vehicle. He was subsequently released from custody.

November 25, 2010

Garden State DWI-DUI News: Multiple Marijuana Possession Arrests in Cranford, NJ

by Jonathan F. Marshall

Driving under the influence of prescription medication or other controlled dangerous substances, also known as drug DUI or drug DWI, is a serious charge and could result in numerous penalties, fines and court-imposed costs. While medicinal marijuana is slowly gaining acceptance in various locations throughout the United States, illegal possession or use of this drug — known variously as weed or cannabis — is still grounds for an arrest.

As Union County drunk driving defense lawyers, I and my colleagues understand how New Jersey state law applies to motorists arrested for driving under the influence of alcohol or driving while impaired due to use of prescription or other CDS drugs. When it comes to marijuana and driving, there are frequent instances of police arrests that are related to this substance as well. The following is a sampling of DWI and drug DUI and possession arrests that happened in Cranford, NJ, not long ago.

Based on information from the Cranford Police Department, a 21-year-old motorist was arrested for allegedly having less than 50 grams of marijuana and other drug paraphernalia in man’s vehicle. According to police reports, an officer observed a vehicle on North Ave. in the late afternoon that allegedly had an object dangling from the rearview mirror obstructing the windshield. When the driver failed to turn on his headlamps on along with his windshield wipers, the officer apparently pulled the man over for a traffic violation. In the process, the patrolman noticed evidence of the drug paraphernalia in the vehicle. The Newark resident was not only charged with the drug violations, but also received summonses for the object hanging off his mirror and not using his headlights.

November 23, 2010

Ocean County, NJ, DWI News: Drunken New Jersey Teenager Crashes Stolen Truck into Building

by Jonathan F. Marshall

It may seem incredible to some people, but teenage drinking is not an isolated problem here in New Jersey. As Ocean, Passaic and Middlesex County drunk driving defense lawyers, I and my staff see a variety of individuals come through our doors seeking help with DWI, DUI and breath test refusal charges. We also know of families whose teens and preteens have been charged with underage possession and driving under the influence.

According to a news article, Point Pleasant police picked up a youngster who allegedly crashed a stolen vehicle into a local place of business. Based on police reports, the incident took place in the early morning hours on a Sunday when a 15-year-old male crashed a pickup truck into a building apparently after a brief police pursuit.

It all happened after an off-duty patrolman noticed a 1996 Dodge Ram pickup being driven erratically without its headlamps on just before 4am. The officer reportedly followed the vehicle into a nearby community, catching up to the apparently drunken youngster along Trenton Ave. When the officer attempted to stop the truck, the young driver allegedly drove away from the officer, who gave pursuit.

November 21, 2010

NJ Legal Defense Update: Understanding the DWI Arrest and Conviction Process — Part Two

by Jonathan F. Marshall

Understanding how law enforcement and the New Jersey courts approach drunk drivers is a basic first step in getting ready for a potential drunken driving arrest sometime in the future. It goes without saying that few people, if any, expect to be charged with driving under the influence of alcohol (DWI) or prescription medications (drug DUI). In fact, most drivers are hardly prepared when a drunken driving arrest does happen to them. Needless to say, being taken into custody by a New Jersey state trooper or local police officer is just the start of what can be a long and costly process.

As a New Jersey DWI defense lawyer, I believe that knowledge is power. The following offering provides some additional info that supplements a previous entry from October. As Mercer, Middlesex and Essex County DWI defense lawyers, our hope is that this information may be of some help to motorists if and when they are pulled over for driving under the influence of alcohol, prescription meds, or even illicit drugs (drug DUI), and maybe even marijuana possession in a motor vehicle.

When it comes to impaired driving, the police may suspect a motorist is drunk based on the manner in which he or she acts during a routine traffic stop. One way that patrolmen make the decision to have a driver submit to a breath or blood test is to have the suspect perform several standardized field sobriety tests.

A one of the main tools of drunken driving enforcement, field sobriety tests can be one of several pieces of evidence use by the prosecution in court to prove that a driver was impaired at the times of the arrest. These sobriety tests typically involve three separate tests:

1) Horizontal gaze nystagmus 2) One-leg standing test 3) Walk-and-turn test
That first one is something you may recall from TV cop shows where the officer asks the suspect to follow a penlight with his eyes as the patrolman moves it from side to side. Naturally, anyone charged with DWI should consult with an attorney vis-à-vis the legality of any tests and whether they were administered in the proper manner.

In addition to the above tests, an officer will also be looking for anything a subject may say or do during the DWI stop, all of which could possibly be noted and then used against the motorist as evidence to gain a drunken driving or drug DUI conviction. As one might imagine, even the way a suspect gets out of the vehicle may be used against him or her by the local prosecutor when trying the case in court.
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November 19, 2010

Middlesex, NJ, Driver Charged with Drunk Driving and Hit-and-Run near Linden

by Jonathan F. Marshall

It’s never a good idea to leave the scene of a traffic accident, especially when you may have been the cause of the crash. Add to that the possibility of being arrested for drunk driving and the police, much less the court, will have little sympathy for your position. Other circumstances can also make a drunken driving case more involved when compared to other less egregious offenses.

Anytime that a DWI-related traffic accident happens it is always a good idea to seek advice from a qualified legal professional. As a New Jersey drunken driving defense lawyer, I know the law as it applies to DWI and drug DUI charges. Beer, wine, liquor, prescription medication, medication and other controlled dangerous substances can all be the cause of an arrest for driving under the influence. In any case, the potential fines and penalties can be quite onerous for individuals, especially in these difficult economic times.

A drunk driving arrest in Union County, NJ, provides just one example of the kinds of DWI and drug DUI charges that can be lodged against a motorist. In this case, according to a news report, a man was arrested on a Saturday evening after a local police officer stopped the driver of a pickup truck following a report of a hit-and-run accident on West Edgar Road.

November 17, 2010

Burlington County, NJ, Driver Arrested for DWI after Traffic Accident

by Jonathan F. Marshall

There should be no argument about the seriousness of a drunken driving arrest when it comes to an individual’s future; a DWI conviction can impact one’s lifestyle, career and standing in his or her community. Combine property damage or injuries with a drunken driving accident and you can be sure that a court will not have much sympathy for a driver’s situation.

A conviction for DWI, or driving while intoxicated due to consumption of alcohol or prescription medication (drug DUI), can lead to stiff fines and other penalties. Other costs, such as increased auto insurance premiums, can also pinch a motorist’s wallet down the road. If for only the monetary pain, getting the proper advice and representation by a qualified DWI defense lawyer can be critical.

Not long ago, a two-car accident precipitated the drunken driving arrest of a Medford, NJ, man after police arrived at the scene of the DWI-related crash. According to news reports, police were called to the crash site along Tuckerton Road just east of Heath Road. Based on police reports, the accident occurred just after 8pm when 64-year-old Leonard Rosen allegedly drifted into the oncoming lane and sideswiped a 2006 Acura MDX with his BMW.

November 15, 2010

Madison, NJ, DWI and Drug DUI News: Drug Possession, Under-age Alcohol Possession and Drunk Driving

by Jonathan F. Marshall

As Morris County drunk driving defense attorneys, my office represents motorists charged with DWI and drug DUI offenses. Incidents of driving under the influence of either alcohol or drugs, whether prescription or illegal substances such as marijuana, occur with relative frequency all across New Jersey.

Examples of arrests for driving while intoxicated can be found in the news almost every day. The following reports are just a sampling of the kinds of DWI and DUI traffic stops that happen on the roads throughout the Garden State. Regardless of the circumstances, it is always important to contact an experienced DWI defense lawyer to understand your options.

Early in the morning on a Thursday a 21-year-old driver was stopped by police for a motor vehicle violation. The incident quickly developed into a case of possession of drug paraphernalia. According to reports, the Bayonne, NJ, man was stopped for speeding. During the traffic stop the officer in charge determined that the motorist had some drug paraphernalia in the car. The man was taken to police headquarters for processing. He was subsequently released with a summons for speeding and a pending court date.