Far be it for us to tell anyone what to do in this life, but as experienced Garden State drunk driving defense lawyers and skilled trial attorneys, we like to believe that our advice is solid, at least when it comes to avoid a DWI conviction. Since for most people — mostly those arrested for operating a motor vehicle while under the influence of beer or wine, hard liquor or mixed drinks — the thought of being pulled over and arrested for DWI was likely the last thing on their mind, that is, until a police cruiser appeared in their rearview mirror.
First-time drunk driving offenders are usually the most surprised when a state trooper or local patrolman turns on his siren and patrol car lights as a precursor to stopping a motorist for perhaps a very minor traffic infraction. But, of course, once that occurs the door is opened to the curiosity of the policeman in charge and if one has had a little too much alcohol to drink, the results could be unfortunate.
Here at the Law Offices of Jonathan F. Marshall, our professional legal team has the training and experience to help many drivers fight a drunk driving or drug DUI offense. The latter of these may include something as seemingly simple as impairment due to the interaction of two or more doctor-prescribed medicines, or as illegal as ingestion of any number of controlled dangerous substances (CDSs) before or during the operation of said automobile, truck or motorcycle.
While it is never a good idea to verbally quarrel or physically fight an arresting police officer, being too cooperative can work against one come the court hearing to decide if the driver was responsible for drinking and driving. Admissions of having had X-number of beers, cocktails or carafes; sparked up a marijuana cigarette; or taken a potentially impairing medication before getting behind the wheel of one’s car is likely going to make the officer in charge highly suspicious of the motorist’s ability to drive well, and may even give the prosecution a significant amount of ammunition once the case goes to trial.
Take, for instance, the news story that we ran into a little while ago involving a Newark resident who’s vehicle was stopped in front of the PSE&G facility in Hudson County, NJ. According to the news article, police officers answered a call regarding an unauthorized vehicle on PSE&G property along S. Frank E. Rodgers Blvd. at about 5:30 in the morning. The car reportedly had two individuals inside and was blocking the facility’s entrance gate.
Once the police arrived, officers found a ’99 Dodge Durango SUV parked near the gate. According to police, the 33-year-old driver simply stared out the front windshield when the patrolmen attempted to engage the individual in some conversation. Officers stated that the driver was apparently unable to answer any of their questions. The passenger, a 41-year-old Newark man, was determined to have an outstanding warrant from Newark and was taken into custody.
Although the officers described the driver’s condition at the time of the arrest as “incoherent,” at some point during his detainment the man reportedly told police that he had consumed some vodka at a friend’s house prior to the events that morning. The motorist was eventually charged with driving while intoxicated after being taken to the local police headquarters.
In a second and unrelated incident, officers from the Harrison PD took a driver into custody after the officers observed a minivan being driven the wrong way down a one-way street around 10:30pm. The 52-year-old driver apparently realized too late that he was going the wrong way when he tried to back out of the street and hit another vehicle that was parked nearby. Police stated that the man’s blood-alcohol content was almost three times the legal limit. He was subsequently charged with DWI.
Newark man charged with DWI tells Harrison cops he was drinking vodka, NJ.com, July 30, 2013
Harrison police make DWI arrests of Newark men half an hour apart, NJ.com, July 23, 2013