Bergen County DWI Defense

September 28, 2013

Bergen County DWI News: Don’t Mix Drinking and Driving with Vehicular Assault

There are few situations in life that can result in an average citizen facing serious legal consequences than allegedly being the cause of an injury-related auto accident involving possible drinking and driving or drug use. As DWI defense attorneys, my colleagues and I understand how a simple night out on the town can wind up with a driver behind bars and hit with a variety of alcohol- or drug-related offenses.

We know that New Jersey state troopers and municipal police officers are hardly sympathetic to motorists who even hint at being impaired behind the wheel. That said, as DUI-DWI defense lawyers representing persons throughout the Garden State who have been accused of drunken driving, we can also say that adding vehicular assault to the charges is a whole new story. While a conviction for simple drunk driving may result in monetary fines, fees and assessments, injuring another person in a drug- or alcohol-related crash can make a DWI case all the more serious.

Take two instances of alcohol-related collisions that we have come across in the recent past. In one incident, police reports indicated that a driver from Passaic, NJ, was placed on probation following a DWI-related car crash that resulted in injuries to three individuals; one in the defendant’s car and two others in the other vehicle. The accident occurred in the Cliffside Park area when the 51-year-old defendant, who worked as a home health aide, reportedly rear-ended a Toyota Camry along a stretch of Palisade Ave at Walker St. while the other car was waiting for a red light.
Continue reading

August 29, 2013

New Jersey Drivers Should Expect Labor Day Weekend Featuring Enhanced DWI Police Patrols

by Jonathan F. Marshall

For those motorists who have already taken note of the increased number of municipal and state patrol officers plying the Garden State Parkway, highways and surface streets this summer, get ready for more of the same this coming holiday weekend. Police presence on New Jersey roadways this summer, as with most every past year, has been fairly obvious, if only because of the anti-DWI and DUI enforcement that comes with warmer weather and summertime revelers; but Labor Day will be especially active from the standpoint of drunk driving enforcement.

As DWI defense lawyers whose job it is to represent drivers accused of operating a motor vehicle while impaired by alcohol, refusing a breathalyzer test, or possessing a controlled dangerous substance (CDS) in their vehicle, the skilled attorneys at my law firm have the legal experience to help defendants get through a DWI case and on with their lives.

During the summer months, as well as various holidays throughout the year, police departments in many New Jersey towns and municipalities step up their drunken driving patrols, as well as conduct random sobriety checkpoints in areas well-known for DWI-related arrests and accidents. As with most of these anti-DWI campaigns, the “Drive Sober, or Get Pulled Over” anti-DWI campaign currently in effect entails increased police patrols (aka “saturation” patrols) and even some DUI roadblocks, all of which will probably net dozens of unsuspecting drivers who may or may not be legally intoxicated.
Continue reading

August 25, 2013

Summer’s Not Over; Neither is the Opportunity for a Boating Under the Influence (BUI) Arrest

by Jonathan F. Marshall

Anyone who has been arrested for operating a motor vehicle while under the influence of alcohol or drugs will understand that it is not something one ever looks forward to. However, with the help of an experienced DWI defense attorney — one skilled in New Jersey drunk driving law and experienced in representing individuals in a courtroom — the most harrowing part of being the defendant in a DWI case may be alleviated to some extent.

At the Law Offices of Jonathan F. Marshall, our legal team offers decades of collective DWI, drug DUI, and criminal defense experience. Whether one is charged with driving while intoxicated by alcohol, impaired by prescription meds or illegal drugs, breath test refusal or any number of drunk driving-related offenses, our lawyers are ready to help.

One thing that most drivers don’t necessarily understand is that BWI, otherwise referred to as “boating under the influence” or BUI, carries with it similar penalties to the automotive equivalent, DUI or DWI. Our familiarity with New Jersey DUI/DWI law allows us to represent both drivers and boaters who have been accused of operating their vehicles while allegedly intoxicated by alcohol, doctor-prescribed medications or illicit drugs (sometimes called controlled dangerous substances, or CDS).
Continue reading

August 4, 2013

Beware the Defective Equipment Traffic Stop: Saving a Few Dollars Now Could Cost Thousands Later On

by Jonathan F. Marshall

How many times have you seen a driver ahead of you in traffic with a burned-out taillight? While it may seem insignificant to some, a simple $10 light bulb could cause big trouble down the road. Never mind the accident potential of a non-working brake lamp or a faulty turn signal, just consider the cost of a defective equipment ticket. Oh, you say, a couple hundred bucks or so, I’m too busy. And, really, what are the odds? Well, in our experience, the odds are pretty good that something may happen before that bulb gets replaced.

But what if a driver, who happens to have avoided fixing that turn signal or brake light bulb, finds out the hard way that he just maybe had a little too much to drink with his buddies at the bar? That burned-out bulb is now one big red flag for a municipal patrolman or state trooper. Unfortunately, by the time this scenario plays out, the cost of that little bulb may have gone up quite a bit depending on the circumstances. In any case, it’s safe to that driver will be into the state for more than the $10 or $20 it would have cost to fix that light in the first place.

As New Jersey drunken driving defense attorneys, we understand that human nature can get in the way of doing the right thing from time to time. We’ve represented numerous drivers over the years who may have indulged themselves a bit too much when they should have eased off. It’s difficult to know exactly how much alcohol is in one’s bloodstream or whether a person has consumed enough food at lunch or dinner offset the wine he or she drank.
Continue reading

July 18, 2013

New Jersey DWI News: Garden State Drivers Becoming More Aware of Drunk Driving Consequences

by Jonathan F. Marshall

As long as DWI checkpoints and sobriety roadblocks have been used in this state there have been detractors who ask if the cost in equipment, manpower and officer overtime is really worth the effort of bringing in a handful of alleged drunken drivers from time to time. Here in the Garden State, the random operation of sobriety checkpoints certainly has given more than one driver pause to get behind the wheel of his or her car following an evening with friends at a restaurant, bar or private residence.

As long-time DWI defense attorneys, I and my team of experienced trial lawyers have dedicated ourselves to helping those motorists who believe that they did not deserve being charged with driving under the influence of alcohol or drugs. One of the many ways in which New Jersey drivers end up in front of a municipal or county judge is when they are arrested for DWI or drug DUI at one of the numerous drunk driving roadblocks that go up on weekends and during various national holidays.

Although law enforcement agencies throughout the state have it in their authority to set up sobriety roadblocks, there are limitations and rules that must be followed. For example, the police are required by law to place a public announcement (stating when and where) prior to the erection of any sobriety or DWI checkpoint. Furthermore, the placement of these roadblocks must be in an area that has a history of prior DWI activity; in other words, they cannot be placed anywhere the police authorities choose.
Continue reading

July 12, 2013

Advanced Patrol Car Electronics and Instant Access to Statewide Motor Vehicle Databases Give Police an Edge

by Jonathan F. Marshall

Back in what some of us might call the good ol’ days, having an out-of-date license plate tag or being tardy in making an auto insurance payment was a secret that could mostly be kept to oneself, at least until a driver broke a traffic law right in front of a cop. But that’s hardly the case anymore. These days, the information age can quickly catch up to those procrastinating motorists and other drivers for whom the calendar is merely a seasonal guidepost. For those who might not worry so much about driving their vehicle while possibly intoxicated, whether they know it or not, Big Brother is watching.

As we’ve explained in the past, New Jersey state law defines when it is legal for a police officer to stop a motorist on the roadway, after which a drunk driving summons may be forthcoming depending on the officer’s suspicions and observations of the driver. But having a hunch that a motorist may be inebriated behind the wheel of his or her vehicle is not sufficient legal grounds in the Garden State for a patrolman to stop a vehicle. Acting on the suspicion that an individual is impaired by alcohol or prescription drugs (drug DUI) should only come into play following a legitimate traffic stop.

But what does it take to cause a municipal policeman or a New Jersey state trooper to decide that a driver is in violation of one or more traffic laws? Simple observation can result in a routine police stop if the officer in charge sees an obvious violation, such as an illegal U-turn, failure to yield at a stop sign, even cutting through a parking lot to avoid waiting at an intersection. These and many other scenarios are all typical ways in which New Jersey drivers are constantly getting into hot water with the police.
Continue reading

June 24, 2013

Backlog of Bergen County Drunken Driving Cases Illustrates Volume of DWI Arrests in New Jersey

by Jonathan F. Marshall

Reading about drunk driving arrests here and there in the news is obviously one way of gauging the number of intoxicated driving incidents that occur throughout the Garden State. But until one actually sees the extensive number of active and pending DWI court cases on the docket at courthouses throughout New Jersey it is difficult to imagine the sheer volume of DWI-related traffic offenses that gain the attention of our legal system on a weekly, monthly or yearly basis.

Of course, as experienced drunken driving defense attorneys, I and my staff of skilled trial lawyers live this story every day. We can easily comprehend the huge burden that DWI and drug DUI cases exert on our court system. Yet we also believe that every individual who is charged with an offense, be it civil or criminal, deserves his day in court should he choose to go that route. And why not? Every one accused of a crime, civil infraction or other statutory offense should seriously consider exercising his right to have his case be heard in a court of law.

It is for this reason that we always encourage motorists who feel they have been unjustly accused of operating a motor vehicle while under the influence of alcohol, doctor-prescribed medications or even illicit drugs, to take their case to court and fight for their rights under the law. Still, it is sobering for the public, if we may chose that term, to read articles like the one we ran into a short while back. The news item in question pointed out that Bergen County alone has a serious backlog of more than 500 drunk driving and DUI cases out of about 1,000 pending adjudication.
Continue reading

June 3, 2013

Contemplating Drinking and Driving in New Jersey? Consider How Zealous DWI Enforcement Here Can Be

by Jonathan F. Marshall

Unless you’ve been living under a rock for the past several decades you probably know almost intuitively that municipal patrolmen, as well as our New Jersey state troopers, all have a very keen eye for potentially impaired motorists. Making one’s way onto public roads in any condition other than fully sober can be a risky proposition not only in terms of safety to you, your passengers, and others on the road as well, but also financially.

As New Jersey DWI defense lawyers, I and my staff of skilled legal professionals have for many years been protecting the rights of individuals accused of operating a motor vehicle while under the influence of alcohol or prescription drugs (drug DUI). My legal team understands drunk driving law and the potential fines associated with a conviction for any number of alcohol-related offenses.

Another thing that we know from our decades of collective courtroom experience is that law enforcement officers and the prosecutors who handle drunk driving cases tend to have a singular goal of catching, convicting and punishing motorists who get behind the wheel of a car or truck while intoxicated. Whether it’s alcohol, doctor-prescribed medication, or illegal substances, the law has strict rules for dealing with offenders.
Continue reading

April 27, 2013

New Jersey Drunken Driving Police Blotter: Union and Bergen Officers Arrest Drivers for DWI, DUI

by Jonathan F. Marshall

It’s safe to say that for many motorists being pulled over due to one or another kind of moving violation will rarely lead to an actual arrest, yet there is a group of drivers who may not be as lucky when it comes their turn to be face to face with the law. Sometimes, the simplest of driving errors — such as making an improper turn, failing to signal when changing lanes or rolling through a stop sign — can actually result in an arrest.

While a number of scenarios could be attached to such an event, being a little tipsy or appearing somewhat intoxicated in front of the policeman in charge will most probably get a motorist in trouble with the law. Whether one is stopped by a state trooper, a city cop, or local municipal patrolman, the opportunity to receive a DWI summons, or worse, end up being arrested and held overnight in jail may be the result of just one drink too many followed by a drive home.

Whatever the initial cause of a drunk driving or drug DUI arrest, the end result — be it the monetary penalties or the potential loss of driving privileges — can come as a shock to most otherwise law-abiding citizens. It’s no secret that here in the Garden State an arrest for DWI-DUI can have a serious financial impact on many people, not to mention the possible social or professional embarrassment. It’s a fair bet that these days being convicted of drunken driving may ruin more than one’s reputation; marriages, careers and standing in the community can all be victims of a guilty verdict in a DWI case.
Continue reading

February 20, 2013

Double-DWI Car Accident in Bergen County Leaves Good Samaritan Critically Injured in Hackensack Hospital

by Jonathan F. Marshall

It is hardly fair to cast blame at any individual who has yet to have his or her day in court, but as experienced New Jersey trial attorneys who defend motorists and other individuals against a variety of criminal charges and traffic offenses we do know a little bit about the unintended consequences of drinking and driving. As we have mentioned many times before, New Jersey police officers, as well as our courts, have very little sympathy for people who apparently make a conscious decision to drive while intoxicated on public roads.

When it comes to defending drivers who have been accused of drunken driving, operation of a motor vehicle while drug-impaired, or even those who are caught with a controlled dangerous substance (CDS) in their vehicle, we understand the law and the potential penalties attached to these various offenses.

Though we make no judgments until all the facts are in, we always recommend caution to those individuals who may find themselves in a situation where a drink or two, maybe more, of beer, wine or hard liquor might precede a drive home. There is no sense, legally or financially, in taking a chance on being stopped by a police officer when driving an automobile if there is any possibility that one may be found legally intoxicated at that time.
Continue reading