Bergen County DWI Defense

February 16, 2013

Caught Driving Drunk in New Jersey? Find the Right Attorney to Defend Your Rights

Over the many years that my legal firm has been helping motorists accused of drunken driving, I and my associates have been asked more than a few times, “Why do I need a DWI lawyer when I step into a courtroom on a charge of driving while intoxicated?” The simple answer would be, “Because you owe it to yourself to be fully prepared to face the prosecution, which will do its best to prove you guilty of DWI or drug DUI.” But this is only one basic reason.

It’s not a secret that drivers in the Garden State face a tough situation when they are stopped on the highway after having a drink or two. It’s a mistake to assume that heavy drinkers and so-called “party animals” are the only people to be arrested for drunken driving by state or local police. For many, a simple drive home after dinner with friends can sometimes lead to a traffic stop, possibly for some basic moving violation, only to escalate into a full-blown DWI arrest and a trip to police headquarters.

As drunk driving defense attorneys, I and my team of experienced trial lawyers are fully up to the task of representing individuals who have been accused of operating a motor vehicle while under the influence of liquor, beer, or doctor-prescribed medication. We know how scary a drunk driving arrest can be for normally law-abiding citizens. But the truly frightening thing about being arrested is that a conviction can result in serious and expensive consequences.
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November 10, 2012

Motorist Arrested for DWI in Bergen County, NJ, after Car Stalls on Railroad Track

by Jonathan F. Marshall

As New Jersey drunken driving attorneys we work to assist drivers who have been accused of DWI and drug DUI in Monmouth, Ocean, Passaic and other counties throughout the Garden State. Yet, even though we will fight for an individual’s right to defend themselves against a charge of drunk driving, we would also be the first to argue that deliberately getting behind the wheel when one knows he or she has had too much to drink is the best course of action.

There are so many potential scenarios surrounding possible DWI and DUI arrests that no one situation is ever quite the same as another. That said, it is important to note that being impaired by alcohol can reduce one’s ability to operate a vehicle properly, maintain a lane, or even remember to signal when executing a turn. The fact is, New Jersey state police and local municipal officers have a keen eye for motorists who may be exhibiting “typical” signs of impaired driving. Regardless of one’s level of intoxication, being stopped by a patrolman for a routine traffic infraction could lead to a DWI summons, a drunken driving arrest, or both.

It is also important to point out that while I and my staff of experienced DWI defense lawyers are trained in the law, we also know how easily it is to be injured or killed as a result of driving while impaired by alcohol or prescription drugs. While nobody welcomes a drunken driving arrest, the events leading up to that event could result in a driver being taken off the road who might otherwise have hurt themselves. In this respect, one can appreciate the action without accepting the consequences. Still, a defendant has the right to be heard, which is the least we can expect under the law.
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October 22, 2012

Hunterdon, Bergen and Ocean County Drunken Driving Arrests Illustrate the Variety of DWI Arrests

by Jonathan F. Marshall

Being stopped for drunken driving is not something that most individuals imagine will happen to them, but every week across the Garden State dozens of motorists find themselves in the unenviable position of being written up for DWI or drug DUI. As New Jersey drunk driving defense lawyers, I and my colleagues are well aware of the potential humiliation and negative career impact that a drunken driving arrest entails, and this doesn’t even address the punitive monetary fines and surcharges that come following a DWI/DUI conviction.

For those who have already been stopped and issued a summons for driving while impaired by beer, wine, hard liquor or prescription medication, you know that the police and our court system are not very sympathetic to drivers who appear to be intoxicated behind the wheel. Being charged with DWI, or drug DUI, especially when found to be under the influence of controlled dangerous substances (CDS), is not something one should consider fighting alone. At the very least, it is advisable to consult with a qualified legal professional about the details of your case before stepping into a courtroom.

Being charged with operating a motor vehicle while under the influence of alcohol, prescription drugs or even marijuana or cocaine, is serious enough to merit careful steps going forward. While no DWI arrest is quite the same as the next, the results can be very similar; from fines and court fees totaling hundreds of dollars, to thousands of dollars in auto insurance policy surcharges over the course of several years, pleading guilty or being found guilty of drunken driving is just the beginning of a long road.
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August 29, 2012

Bergen County Man Charged with Drug Possession following DWI Arrest in Wyckoff, NJ

by Jonathan F. Marshall

The consequences of driving while impaired can range from monetary fines and insurance surcharges to long-term suspension of one’s driver’s license and even jail time, depending on the circumstances and the number of prior drunken driving convictions. Her in the Garden State, as drunken driving defense lawyers, we also know that there can be unintended consequences when a motorist either chooses to drive a motor vehicle after having a drink or two, or even if that person take prescription medicine without realizing the impairing effects it may have on their driving abilities.

Other unintended consequences can include traffic accidents, with or without injuries, as well as fatal collision. New Jersey’s legal statutes already provide for little tolerance when it comes to operating a motor vehicle while intoxicated by alcohol, prescribed medications and illegal substances, such as marijuana, cocaine and meth. Adding vehicular manslaughter to an existing charge of DWI or drug DUI and the need for a qualified DWI attorney becomes more and more essential.

As a law firm serving those charged with drunken driving in areas such as Ocean County, Bergen and Monmouth counties, and elsewhere around the state, I and my colleagues have the experience to handle combined charges of DWI and other offenses, civil and criminal. A news article, discussed below, which we ran across not long ago provided what may be a not-too-uncommon and completely believable scenario. And while the case referenced here may seem extreme, it has its parallels in terms of lesser crimes and misdemeanors that may precipitate from a routine traffic stop.
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August 3, 2012

Bergen County College Students Receive Lecture on Distracted Driving, DUI from Local Police

by Jonathan F. Marshall

Apparently law enforcement authorities and safety advocates here in the Garden State feel that residents, namely young adult motorists, just don’t get it. In this case, the “It” being addressed is driving under the influence of beer, wine, hard liquor, prescription medication and even illicit or illegal substances.

As New Jersey DWI defense attorneys, we have a good feel for the sheer volume of drunken driving arrests that occur annually in Jersey; we know this because of the number of cases that pass through our courts each and every month. While most people should know that driving while intoxicated by liquor or drugs (drug DUI) is against the law, law enforcement and other anti-drunken-driving groups keep hammering the point home: DWI and DUI are strictly against the law.

Not surprising, when a driver is observed by police operating his vehicle in violation of current traffic laws, he will likely be pulled over. If it comes to light during that traffic stop that the driver has been drinking, the gloves really come off and that motorist could be hit with a summons for DWI (or drug DUI, in the case of doctor-prescribed meds). Still, with all the public service messages and increased police patrols during holidays, apparently many individuals haven’t caught on.
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July 26, 2012

Union and Bergen County Police Blotters: DWI, DUI Arrests and Drunk Driving-related Accidents

by Jonathan F. Marshall

Here in the Garden State, we have the most densely populated areas in the entire country. As such, it can be expected that the frequency of criminal and civil offenses will be that much more concentrated. Whether one believes that drunken driving continues to be a problem in counties such as Ocean, Sussex, Bergen and Hudson, local and state law enforcement authorities are on a more or less constant alert to motorists who are possibly operating a motor vehicle while under the influence.

Impaired driving can encompass a range of activities, from driving while intoxicated by alcohol (such as beer, wine or hard liquor), operating a car or truck while impaired by a doctor-prescribed medication or pain killer, such as valium or oxycontin, or even an illicit drug like cocaine or marijuana. While alcohol and prescription medications are not illegal per se, their effect on a driver’s ability to control his or her vehicle can result in a chargeable offense. But, unlike these former two, illegal drugs (also known as controlled dangerous substances [CDS]) bring with them not only the potential for a traffic-related offense, but also the possibility of criminal charges as well.

The following news items are just a brief example of the types of arrest that take place every day in this state. As New Jersey DWI defense lawyers, my firm is committed to representing those individuals who believe themselves to have been falsely accused of drunk driving or drug DUI.
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June 25, 2012

New Milford, NJ, Man Injures Sister in Bergen County Drunk Driving Crash

by Jonathan F. Marshall

Even if a victim doesn’t press charges or initiate a personal injury lawsuit against another person who may or may not be negligent in causing a car accident, local police and municipal courts are not likely to feel much sympathy for any motorist who causes an injury accident while allegedly driving drunk in the Garden State. As New Jersey DWI defense lawyers, I and my legal staff know how strict the law can be when prosecutors build a case against an alleged drunk driver.

New Jersey law doesn’t allow much wiggle room for individuals who are found guilty of DWI or drug DUI, not to mention breath test refusal and other DWI- and DUI-related offenses. Monetary penalties aside, one should always be concerned about the future of his or her driver’s license, as well as employment or chances for advancement. The potential social stigma of a DWI conviction can also put the brakes on a marital relationship, not to mention one’s standing in the community. All in all, being convicted for a drunken driving collision that also resulted in injuries or, worse, fatalities, can spell the end to a normal life.

We were reminded of this type of scenario not long ago when we ran across a news article detailing the events leading up to a car accident in Teaneck, NJ. According to news reports, the sister of an alleged drunken driver was seriously injured in a car crash earlier this past spring. Police indicated that up to the car crash that injured one of his relatives, the 27-year-old New Milford resident had apparently lost his license through suspension on almost two dozen separate occasions.
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June 15, 2012

Rutherford, NJ, Motorist Charged with DWI after Hit-and-Run Arrest in Bergen County

by Jonathan F. Marshall

Drink and drive in the Garden State and one risks being caught and cited for DWI and possibly other traffic violations. Get behind the wheel after several drinks and cause an accident: the fines and potential liability could cost you big. But drive while intoxicated, cause a car or pedestrian accident, and then leave the scene of the crash? Anyone who finds themselves in such a situation should think twice about running from the law, but the best advice would probably be to not even take that first drink.

Hit-and-run can be a pretty serious charge, especially when injuries or fatalities are involved. Local and state police, not to mention our court system, are not very sympathetic to motorists who cause a traffic collision while legally intoxicated. As New Jersey drunken driving defense attorneys, I and my staff of experienced DWI lawyers know the law, and we are well aware of the stiff drunk driving penalties that can be levied against a defendant following a DWI or drug DUI conviction.

Not long ago, a motorist from Rutherford, NJ, was involved in a roadway collision over in Bergen County in the wake of which a woman from Kearny was left in critical condition. According to police, the alleged perpetrator left the scene of the accident after the man’s vehicle reportedly struck 44-year-old Zoila Diaz, who was crossing E. Passaic Ave. The collision took place later on a Tuesday night in April. News reports indicate that a person happening by after the crash noticed the woman lying in the middle of the street, not far from Meadow Rd.
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May 16, 2012

Teen Drinking and Driving: A Dangerous Activity to Start, but with Legal Implications Later in Life

by Jonathan F. Marshall

Some might say that teen drinking is an inevitable part of growing up; a literal rite of passage. However, the State of New Jersey has other thoughts regarding underage drinking, not to mention underage DWI. If parents have a difficult time trying to get their children to follow the law in this regard, perhaps it might be a good idea to explain that underage alcohol drinking or even simple possession of beer, wine or hard liquor can have an effect on a young person’s future driving privileges.

As we said, there are rules on New Jersey’s law books that prohibit underage drinking as well as possession of alcohol by any minor. As New Jersey drunken driving defense attorneys, I and my colleagues understand how teens and pre-teen, just like adults, can make mistakes with alcohol that can land them in front of a judge. Whether it’s DWI or drug DUI, depending on the particular situation, it is usually advisable to contact a qualified DWI attorney to better understand one’s options.

An underage DWI arrest can lead to a potentially damaging underage drinking (DWI) conviction, which could haunt an individual onward into adulthood. Any young person on the verge of adulthood would be well advised to head his or her parents’ advice to wait to take that first drink. And since New Jersey’s state legislature has already written statutes that preclude a minor from engaging in underage drinking, why even take that chance?
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March 30, 2012

New Jersey Police Blotter: Bergen DWI, DUI and Underage Drinking Arrests in Wyckoff, Glen Rock

by Jonathan F. Marshall

Every day of every week, all across New Jersey, state police and local law enforcement officers make multiple arrests of drivers whom they suspect of being intoxicated by alcohol, doctor-prescribed medication (drug DUI), and sometimes even illegal drugs like cocaine, marijuana and meth. While many of these individuals may have had a drink prior to getting behind the wheel, not all of them were necessarily legally drunk at the time of the traffic stop.

As Garden State DWI defense lawyers, I and my staff of legal professionals have decades of collective experience representing people charged with drunken driving in counties such as Ocean, Sussex, Union and Passaic. A percentage of these individuals who have been charged with DWI, drug DUI, refusal to take a breathalyzer test, and other traffic-related infractions, may actually be found guilty. Others may not.

One thing is certain: Here in New Jersey, fines and penalties for drunken driving can be harsh and highly punitive. Some of the most costly aspects of a drunken driving conviction is the potential increase of a driver’s auto insurance premium; this can equal thousands of dollars a year on top of an individuals “normal” insurance costs.
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