New Jersey DWI Lawyer Blog

September 30, 2010

New Jersey Drunk Driving Defense: Sea Isle, NJ, Police Trumpet DWI Checkpoint as a Success

Most any New Jersey motorist should be able to tell you that drunken driving enforcement around the Garden State appears to have gotten more intense over the years. And it should come as no surprise, especially to those individuals who have been convicted of DWI, that the state police, local law enforcement departments and the courts have virtually no tolerance for drivers who choose to operate their vehicles while under the influence of alcohol, prescription drugs, marijuana and other controlled dangerous substances (CDS).

Increasingly, New Jersey police departments are operating drunk driving patrols and sobriety checkpoints, also known as DWI checkpoints. As a New Jersey drunk driving defense lawyer, this trend is not news to my office. We represent motorists from all across New Jersey — in counties such as Bergen, Monmouth and Ocean — who have been accused of driving while intoxicated either by beer, wine, hard liquor or drugs, prescription or illicit.

An article from Sea Isle, NJ, talked about the relative success of that municipality’s most recent sobriety checkpoint, which apparently caught few DWI offenders, but a number of other traffic violators. In all, just three drivers were either arrested or charged with drunk driving offenses. According to the news piece, on August 28, local police set up a drunken driving checkpoint on the 200 block of JFK Boulevard.

September 27, 2010

Bergen County DWI News: Drunk Driving Arrests may Rise with Increased Traffic Enforcement Patrols in Wyckoff

by Jonathan F. Marshall

Drunken driving enforcement is nothing new to motorists in New Jersey. With economic woes still reverberating across the country, the Garden State has seen its share of turmoil. It’s no doubt that many people choose to ease the pain with a drink or two at the local bar or friendly neighborhood gatherings. The trouble comes when an individual who may have had a bit too much to drink hits the road.

As a New Jersey DWI defense lawyer, I make it my job to assist drivers who have been accused of driving while intoxicated. As a Bergen County drunken driving attorney, I know that certain times of the year can make it especially common for drivers to be pulled over for driving under the influence of alcohol.

According to news reports, Wyckoff Township has announced an increase in traffic safety patrols, which are sure to the net the municipality more than a few DWI and drug DUI arrests. Based on reports, the township’s police department will be running “stepped up” traffic enforcement patrols through October 10. This surge in police presence is part of a national “Put the Brakes on Fatalities” campaign going on in towns and cities all around the U.S. Sobriety checkpoints and roadblocks could be part of this effort.

September 25, 2010

New Jersey DWI Update: Woman Loses License for Seven Months after Plea Deal with Cape May Prosecutors

by Jonathan F. Marshall

A Gloucester Co. resident recently pleaded guilty to driving under the influence following her arrest in late June in Middle Township. According to court records, 21-year-old Jena L. Davidson of Swedesboro will have her driving privileges withheld for seven months. In addition to her DWI-related drivers license suspension, the judge in the case also called for the woman to have an ignition interlock device installed for the next 12 months to ensure that she doesn’t drive drunk.

News reports also show that the New Jersey motorist will be required to complete 12 hours of training administered through the New Jersey Intoxicated Driver Resource Center. As part of her guilty plea, Davidson also paid penalties of $664 in fines and court costs.

As a New Jersey DWI defense lawyer, I’ve seen my share of tragic car accidents that could have turned out differently. As a drunk driving attorney, I always advise people to get a ride from a sober friend or make arrangements for alternate transportation in advance of “nights out on the town.”

September 25, 2010

Atlanta DUI SFST Instructor Course for Lawyers

by Jonathan F. Marshall

Colin Bonus, William Proetta, and myself attended a four day standardized field sobriety test (“SFST”) instructor course in Atlanta, Georgia, on September 23 -26. The objective of the seminar was to provide us with the skill and know how to instruct lawyers and police officers on how to properly administer and interpret SFST tests. I have been thoroughly impressed by the experience of our DWI Field Sobriety Instructor Anthony Palacios. He obviously possesses far more knowledge in this area than anyone I had the occasion of coming in contact with previously. We also had the opportunity to meet gifted drunk driving lawyers from states like Mississippi, South Carolina, Louisana, Pennsylvania, New Hampshire, Missouri, Oklahoma, and Georgia.

One of the Atlanta DUI Lawyers I met at the course was Doug Chanco. It was nice to speak to Doug as he had a wealth of knowledge in Georgia DUI defense. It was interesting to learn about the different issues involved in defending cases in his Altanta Practice, especially those involving jury trials (unlike New Jersey where we have no juries).

It was fortunate that three members of our defense team were previously SFST certified and eligible to complete the course. The three of us are now instructors in SFST which will allow us to train and certify police officers and attorneys in SFST. I believe there are only five (5) NJ DWI Lawyers who have this expertise level in the state and three of them are at our office. I believe that the enhanced skills we gained at the course will prove beneficial to our clients in the future.

September 22, 2010

New Jersey DWI News: Traffic Deaths Fall to 1950 Levels; Authorities Credit Enhanced Drunk Driving Enforcement

by Jonathan F. Marshall

As a former New Jersey municipal prosecutor, I can respect the lengths to which our state and local municipalities go to reduce traffic fatalities. According to a new study released out of the nation’s capital, law enforcement agencies across the country have some good news to crow about: Highway deaths have dropped to their lowest levels in 60 years.

Of course, as a New Jersey drunken driving defense attorney and DUI lawyer, I know that many times the police just don’t have the evidence to prove that a motorist has been driving while intoxicated. There should always be a balance between public safety and individual rights, which is why I always tell people to fight what they believe to be a faulty arrest for driving under the influence of alcohol, Marijuana or prescription drugs.

According to a recent news article, New Jersey law enforcement officials have credited various enforcement technologies coupled with strict DWI and drug DUI patrols and checkpoints, among other techniques. The story coming out of Washington, D.C., indicates that deaths on our public roadways have drastically fallen to levels not experienced since the ’50s.

September 16, 2010

NJ Drunk Driving News: Out-of-State Motorist Pleads Guilty in Fatal Lower Township DWI Case

by Jonathan F. Marshall

According to news reports, anout-of-state driver charged in the drunk driving death of a driver from Lower Township, NJ, has pleaded guilty to that 2009 fatal crash. In addition, court records show that the defendant, 38-year-old John J. Lawless, had been charged with driving under the influence a total of eight times over the course of 13 years.

As a New Jersey DWI defense lawyer I know how serious a fatal drunken driving or drug DUI charge can be. In this case, the defendant was arrested after his vehicle struck another car driven by 50-year-old Frederick Shelton in September of last year.

Police reports show that Shelton’s vehicle was going southbound along Route 9 near Bennett’s Crossing, NJ, in Lower Township when Lawless’ vehicle came across the roadway’s centerline and smashed into Shelton’s car. Emergency responders arriving at the site of the crash pronounced Shelton dead at the scene.

September 14, 2010

New Jersey DWI News: More Hollywood Stars, Entertainers Being Arrested for Driving Under the Influence

by Jonathan F. Marshall

It seems that we hear and read more and more of famous movie and TV stars, musicians and other notable personalities being arrested for drunken driving. As a New Jersey DWI defense lawyer, my job is to assist motorists arrested for and charged with driving under the influence of alcohol, prescription drugs and sometimes even illicit, or controlled and dangerous substances (CDS).

Driving while intoxicated can put a substantial dent in both your wallet and your lifestyle. There is no reason why an individual accused of drunk driving should automatically assume they have no recourse. Sadly, it seems that the rich and famous get more of a break than the average person, but with the supposed increase in offenses, this too could change.

According to a recent article, more big names are having their photos taken at the local police department instead of on the red carpet. In fact, over this past summer Chris Klein, star of “American Pie,” “Melrose Place” star Amy Locane and Vince Neil of Motley Crue have ranked among the newest inductees in the drunk drivers’ hall of fame. They join veteran drunk driving arrestees Paris Hilton, Lindsay Lohan and Nicole Richie in a growing list of famous, or infamous, DWI and DUI offenders.

September 12, 2010

NJ DWI Defense Update: New Jersey Drunk Driving Arrests Have Many Steps Before Possible Conviction

by Jonathan F. Marshall

Whether you live in Red Bank or Newark, Atlantic City or Trenton, as a New Jersey motorist you always have the potential to be stopped for one of dozens of traffic violations by a the state police or of any of the hundreds of county and municipal law enforcement officers across the Garden State. In fact, every drunken driving or drug DUI conviction begins with an arrest, usually arising out of a routine traffic stop.

Most drivers should understand that for a DWI traffic stop to be valid it must be backed up by what state law defines as “reasonable suspicion” that the driver of a car, truck or other motor vehicle has actually committed a traffic violation. As New Jersey drunk driving defense attorneys, I and my staff of experienced DWI defense lawyers make it our job to assist individuals accused of DWI (also known as driving while intoxicated), prescription drug DUI, or even marijuana possession in a vehicle.

Initial Traffic Stop
In State v. Carpentieri, the New Jersey Supreme Court ruled that a patrolman must have an “articulable and reasonable suspicion” that a traffic law violation has been committed before he can even consider effecting a drunken driving traffic stop. Additionally, once a driver has been pulled over, state law says that the police officer must have probable cause before he can make an arrest and subsequently conduct a breathalyzer test. When we say probable cause, it means cause to believe that the motorist is in fact operating his or her vehicle in an intoxicated condition.

Please keep in mind that at no time during this early stage of a DWI arrest does a driver have the right to advice from counsel. Even an experienced DWI lawyer will be of absolutely no help at that particular point in time.

Arraignment
The second step following a DWI or DUI arrest, which can also include breath test refusal, is the arraignment of the subject. As part of this step, the motorist receives a Complaint. The defendant makes his initial appearance at arraignment where the court informs him of the charges. Simultaneously, the defendant is also told of his rights under New Jersey state law, after which he will enter a plea of guilty or not guilty.
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September 10, 2010

NJ Drunk Driving Defense News: Bergen County DWI and Drug DUI and CDS Arrests

by Jonathan F. Marshall

As a New Jersey DWI defense attorney, my law offices have a vast amount of experience handling a wide variety of drunken driving, marijuana possession in a vehicle, and drug DUI cases throughout the Garden State. The following is just a sample of the typical police arrests in the Bergen County area that happen every month. These can include driving under the influence of alcohol or controlled dangerous substances (CDS), breath test refusal and possession of cannabis (or weed) in a motor vehicle.

East Rutherford

A 41-year-old man was stopped by police after being caught on radar doing 82mph in a 55mph speed zone. The incident occurred just after 10pm when ERPD officers saw a 2000 Hyundai traveling at a high rate of speed. Following the traffic stop, the driver apparently told officers that he had several drinks previous to taking the wheel. Police reportedly administered field sobriety tests, which the suspect failed, according to police reports. A breath test indicated that the man’s blood-alcohol content (BAC) was 0.17 percent — twice the legal limit. The driver was arrested and charged with drunk driving, careless driving and speeding. He was subsequently released to a responsible party.

September 8, 2010

Drunk Driving Defense Update: Never Assume a DWI or DUI Arrests Always Leads to Conviction

by Jonathan F. Marshall

When a motorist is pulled over in New Jersey for a routine traffic violation the opportunity does exist for a drunken driving arrest or summons. Depending on the circumstances — whether an individual is coming home from a night out with one’s spouse, following a party at a friend’s home or after a casual gathering at a local pub or drinking establishment — it is possible for police to judge that a driver is impaired due to some amount of alcohol consumption.

Whether you’re driving in Union County, Bergen County or Middlesex County, the opportunity for a DWI or prescription drug DUI is always there. But is being arrested or receiving a summons for driving while intoxicated really a “done deal.” Not always.

When I and my colleagues, all professional New Jersey drunk driving defense attorneys, approach a client’s case, we use our years of experience to decide whether or not to petition the court to dismiss the charges against a motorist, or at least reduce those drunk driving charges to better match the particular circumstances.

As a former municipal prosecutor, I understand the mindset and strategy of the state’s representatives. This is why I always suggest to people who face a drunken driving charge, consider carefully whether or not you want to face the court without representation. An experienced DWI lawyer can be a great benefit, especially for drivers facing penalties for a drunk driving arrest or DUI charge for the first time.

And never, ever assume that nothing can be done. This is not only defeatist on its own, but most drivers don’t know that they might be able to improve their chances until they speak with an attorney. A good lawyer will examine all the facts pertaining to a DWI traffic stop. Understanding the details, such as whether there exists proof of intoxication or if a blood or breath test was performed correctly or is even accurate, allows a DWI lawyer to form a viable defense for his or her client.
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