Breath Test Refusal

April 24, 2013

New Jersey Driver Alleges Police Officer Assaulted Her during DWI Stop in Somerset County

One of the many questions that we get from prospective clients — those individuals who have been charged with driving while intoxicated on New Jersey roadways — is whether or not they can have their case heard by a jury. As experienced trial attorneys, I and my colleagues have a great deal of collective experience representing defendants who have been accused of a criminal act or civil offense. Fortunately, or maybe unfortunately, the average drunken driving case does not rise to the level of a criminal offense.

Here in the Garden State, charges of DWI or DUI do not typically call for a jury trial as do more serious offenses. That said, it should also be stated that being convicted for driving while intoxicated or impaired operation of a motor vehicle due to prescription medication (or even illegal substances) can be costly for most any defendant. So even though a DWI-DUI arrest may not merit a trial by jury, there is no reason not to take the event seriously, if only to protect one’s own pocketbook.

In cases where a Garden State motorist has been charged with driving under the influence, the prosecutor’s office in charge of the case still have the burden of proving that the defendant is guilty of the charges beyond any reasonable doubt; this is the highest standard of proof required in our legal system. As a former municipal prosecutor myself, I know that the state will usually bring forward every piece of viable evidence in order to prove a driver guilty of DWI.
Continue reading

March 4, 2013

New Jersey’s Bar Association Recommends Change to State’s Breath Test Refusal Statement

by Jonathan F. Marshall

For those who follow New Jersey drunken driving law, there was an interesting article earlier this year reporting the state’s Bar Associate desire to effect a change in the statement used when advising motorists of the penalty for refusing a breath test associate with a drunken driving arrest. Based on the news reports we ran across, this apparently grew out of the drunken driving case of Assemblyman Paul Moriarty last year.

As New Jersey DWI defense attorneys, we know full well how many motorists are caught up in drunk driving arrests each year. Many of these people may not have known that they were legally drink at the time of the arrest, while others believe wholeheartedly that the charges against them are without grounds. Whatever the situation, our job as qualified drunken driving defense lawyers is to represent these individuals in a court of law and help them fight the accusations leveled against them.

For some drivers, being accused of driving while intoxicated can mean they will be asked to take a breathalyzer test to measure their blood-alcohol concentration — the legal limit for which is 0.08 percent here in the Garden State. Some people do not want to have their breath analyzed and so they have the choice to refuse to have a sample taken. But this is not such a simple issue as it may seem.
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

February 5, 2013

No Injuries Reported After Allegedly Drunken Motorist Crashes Through Police Line at Holiday Event

by Jonathan F. Marshall

Making a spectacle of oneself is a habit best left behind in high school or college; as adults we all have better things to do, or certainly a greater responsibility to ourselves and our families. Yet, as human beings, sometimes there is a tendency to over indulge, especially during the holidays. This applies to those who imbibe a little more than they should, and then fail to realize the extent to which they are impaired by alcoholic beverages. That said, it should not come as a surprise that more than one Garden State motorist has hit the road without considering that he or she may be legally drunk.

Being stopped by a state police officer or a local patrolman is no doubt a stressful event. Even the most sober individual might have a hard time maintaining his composure in the face of authority and with the finger of guilt sternly pointing out one’s error on the road. In such instances, would it be unreasonable that a motorist could actually come across as acting a little bit unnatural or, dare we say it, impaired due to the stressful situation in which she finds himself.

Nerves aside, it is a foregone conclusion that a driver who is intoxicated by alcohol or impaired by prescription or even illegal drugs will likely appear to a police officer to exhibit some behavioral changes. It is at this point during a routine traffic stop that many people are asked to preform one or more of the standardized field sobriety tests. Drunk or not, who among us would not feel self-conscious on having our every action and movement observed?
Continue reading

January 4, 2013

Princeton Twp. Committeeman Receives License Suspension after DWI Accident in Mercer County, NJ

by Jonathan F. Marshall

As attorneys dedicated to representing individuals accused of operating a motor vehicle under the influence, I and my staff of experienced DWI defense lawyers have known more than a few drivers who have avoided a conviction for drunken driving here in the Garden State. While most arrests for DWI or drug DUI — including those for impaired driving due to prescription drugs and illicit substances like cocaine and cannabis — result in a conviction leading to heavy penalties, there are other instances where the prosecution does not have sufficient evidence to obtain a guilty verdict.

And, while we know that not every DWI or DUI summons is warranted or deserved, we also are concerned when civil servants occasionally break the very laws that they are sworn to uphold. Whether it is avoiding a drunk driving charge altogether or side-stepping stiff fines and other penalties for driving while intoxicated, the average person hardly has the option of avoiding a DWI hearing and many times feels he must navigate our legal system in the absence of legal representation. (We will say right here that it is in most everyone’s best interest to, at the very least, consult with a qualified DWI attorney following an arrest for being drunk behind the wheel.)

From time to time, we see justice being served on local politicians and government officials who have been found guilty of breaking the laws of New Jersey and local communities. Just as the average citizen must face their accusers, local officials, patrolmen and other officers of the court should stand trial for their misdeeds, take responsibility for their actions and accept any consequences should they be found guilty.
Continue reading

October 29, 2012

New Jersey Assemblyman Alleges Washington Twp. Police Officer of Abused Authority in DWI Arrest

by Jonathan F. Marshall

Having represented hundreds of motorists throughout the Garden State who have been accused of driving under the influence of alcohol or prescription drugs (drug DUI), my firm understands that not every driver arrested for drunk driving is convicted for same. As New Jersey DWI defense attorneys, we know that it takes certain evidence and testimony to result in a drunken driving conviction. This is why we always recommend that anyone who is arrested for or issued a summons regarding driving while intoxicated should, at the very least, consult with a qualified DUI lawyer prior to stepping into a court of law.

On numerous occasions, we have explained how police, prosecutors and other state officials must be held to the same or better standard when it comes to the laws and statutes of our state. And as news reports show, there are more than a few instances every year where a patrolman, police official, jurist or other officer of the court is arrested for violating one of the numerous laws he or she is sworn to uphold. Being treated differently than the average citizen in cases involving drunk driving or other serious traffic offenses is a luxury nobody should have over the general population.

With the stiff fines and other punitive measures associated with a DWI or drug DUI conviction, every person found guilty should face the same penalties regardless of social rank or government office. Understanding as we do the difficult circumstances to which a convicted drunken driving defendant will be subject is reason enough to call for equal treatment under the law, as well as equal protection.
Continue reading

August 21, 2012

Penalties Associated with a DWI Conviction are Significant and Costly for Many New Jersey Drivers

by Jonathan F. Marshall

Look at the headlines any day of the week and one can see the volume and frequency of drunken driving arrests here in the Garden State. Is it just us, or do we just have bad luck when it comes to being charged with driving under the influence? Probably a little of both, but one thing is for certain, in a state as densely populated as New Jersey, there is bound to be a large number of any legal offense, civil or criminal. As New Jersey DWI defense attorneys, we fully understand how almost any driver can become a statistic of law enforcement.

This is not to say that we condone drunk driving, but we do know that law of averages suggests a certain percentage of motorists accused of drinking and driving are not going to be convicted, whatever the reason. For those who may think it’s worth the gamble, we would be inclined to dissuade those individuals of any notion that they can drink any alcoholic beverage and get away with it. Too many people have seemed to make a career of being arrested for DWI or drug DUI, and the results are not usually good.

For one, the penalties for repeat offenders can certainly add up. And this doesn’t include the car insurance premium increases mandated by law for first- second- and multiple-time offenders who are convicted of operating a motor vehicle while intoxicated by liquor or prescription drugs. Never mind the associated penalties and related costs for individuals who are arrested, charged and convicted of impaired driving by a controlled dangerous substance (CDS), such as meth, cocaine, marijuana and other illegal drugs.
Continue reading

August 1, 2012

Monmouth County Drunken Drivng Arrests: Aberdeen Twp. Police Charge Multiple Drivers with DWI

by Jonathan F. Marshall

As any driver in the Garden State likely knows, the state police and local law enforcement officers are on a constant vigil, looking out for impaired motorists. And, while the law says a patrolman cannot pull a vehicle over simply on a hunch that the driver may be intoxicated by beer, wine, doctor-prescribed meds or even marijuana or cocaine, an officer can stop a motorist if he or she violates any one of a number of traffic laws. In the end, if a police officer sees a car being driving in an erratic manner and can justify the traffic stop with a moving violation, a drunken driving arrest may not be far away.

As mentioned previously, intoxicated or impaired driving can range from operating a motor vehicle while under the influence of alcohol, prescription medication or illicit drugs also known as controlled dangerous substances (CDS, for short). Although alcohol and prescription medications are not strictly illegal to consume or ingest, the law limits their use when operating a car, truck or other motor vehicle. In many cases, any impairment due to these substances while driving is grounds for arrest. Several steps later and one could find themselves on the receiving end of a DWI or drug DUI conviction.

As New Jersey drunk driving defense attorneys, I and my colleagues know that in a state as densely packed as ours that incidences of drunken driving, not to mention other traffic offenses, will most probably be higher than other locations. From this, it’s not surprising that Jersey drivers get more than their fair share of DWI arrests, summonses and convictions. This includes being charged with multiple DWI offenses and even something as seemingly minor (yet fully chargeable) as breath-test refusal.
Continue reading

July 23, 2012

Sussex County Police Make Arrests for Drunken Driving as well as Marijuana Possession

by Jonathan F. Marshall

Police blotters all around the Garden State paint a picture of the typical arrests that take place on a daily basis across this state. Whether in Passaic, Bergen, Atlantic or Ocean County, drunken driving charges are quite often on the menu for many motorists up and down the interstates and local roadways. For anyone who has ever wondered if they were the only one to receive a summons for driving under the influence of alcohol, prescription drugs or even illicit drugs like marijuana or cocaine, understand that you are not alone.

As New Jersey DWI defense lawyers, I and my legal staff firmly believe that every person accused of DWI or drug DUI has a right to have their day in court. We have represented numerous individuals who adamantly believed that they were innocent of the charges. As defense attorneys, our job is to fight for our clients in a court of law. While the circumstances may vary, the charges are usually quite similar. Our defense strategy, of course, depends on the particular details of the case and whether the accused has had any previous drunken driving convictions.

The following is a collection of impaired driving arrests from several municipalities in Sussex County not long ago. Those arrested and charged may or may not end up being convicted, but the stage has been set for each of them once the police have reasonable suspicion that the driver may have been operating his or her vehicle while intoxicated by beer, wine or doctor-prescribed medicine.
Continue reading

July 21, 2012

New Jersey State Trooper Arrested for Drunken Driving Out-of-State Suspended Without Pay

by Jonathan F. Marshall

As a New Jersey drunken driving defense attorney and former municipal prosecutor, I have met dozens of police and public safety officers throughout my career as a litigator. In my capacity as both defense lawyer and prosecuting attorney, I know very well the efforts put forth by representatives of our state and local police agencies. I also have a great respect for those individuals who on a daily basis put their lives one the line for the rest of society.

And, while I believe I understand the stresses experienced by many in the law enforcement community, I find it difficult to reconcile those instances when a patrolman steps over the line and breaks the laws that he himself has sworn to uphold. A recent new story about a Garden State police trooper brought this to mind recently, if only to point out that even policemen and other officers of the court should be held accountable for DWI violations, just as any other citizen is required to do.

Most people would probably agree that there is never a good excuse for anyone in law enforcement to knowingly drive drunk. Whether by the use of alcohol or doctor-prescribed medication, an officer of the court should be held to at least the standard that other residents must adhere. As DWI defense lawyers, we have very little tolerance for those of authority who fail to observe the laws that they have been entrusted to enforce. In regard to the news article in question, according to reports a NJ State Police trooper assigned to Capitol security was suspended not long ago following a drunken driving arrest in the state of Missouri.
Continue reading