Breath Test Refusal

July 18, 2012

Police Arrest New Jersey Driver for 4th DUI/DWI Arrest in the Span of One Month

Some people apparently do not realize when enough is enough. As New Jersey DWI defense attorneys, I and my staff of experienced drunken driving lawyers are committed to representing individuals who have been accused of driving while intoxicated, either by alcohol or prescription drugs. But even though we believe that every person deserves their day in court, we certainly do not espouse drinking and driving, or even suggest that repeat offending is the way to go through life.

Not only is driving under the influence against the law, but it is dangerous when a driver is impaired beyond the ability to safely operate a motor vehicle. The same can be said for doctor-prescribed medications as well; and even illicit substances, such as cocaine and marijuana. While some may disagree with the laws of this state, the fact is that law enforcement officers are tasked with rooting out those who they believe have broken the law and to bring those individuals to justice. For ourselves, we bring the fight to a court of law when a client believes he or she was unjustly accused of DWI or drug DUI.

There are those people who sometimes push the limits of the court’s patience. Being arrested multiple times for drunk driving is a way of one’s defense slightly more difficult. As attorneys representing defendants who have been charged with DWI or DUI, we know that putting the best face on a situation can be difficult once a track record of offenses has been established. For this reason along we suggest prudence to anyone who has already been convicted of drunken driving one or more times. But then again, most individuals know the stakes are high.
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June 27, 2012

Linden, NJ, Driver Arrested for DWI in Hunterdon County after Colliding with Other Vehicles

by Jonathan F. Marshall

As New Jersey DWI lawyers, I and my colleagues are well aware of the circumstances that can surround a DWI-related traffic stop. While most people are, so to speak, content with taking their medicine and receiving a summons for drunken driving, others may not feel they deserve it. Those individuals will likely seek out the services of a qualified drunken driving attorney to better understand their options and perhaps to fight the charges in front of a judge.

On the other hand, there are other drivers who fear the potential repercussions so much that they decide to either avoid being stopped or flee the scene, if an accident has occurred while they were behind the wheel. The point we wish to make here is that it is never advisable to run from the law. It is the rare individual who escapes the long arm of the law for long, and when caught the consequences can be many times worse than if that driver had simply accepted the situation and hired a lawyer to assist in his or her defense.

Sometimes a driver’s actions can seem completely indefensible, but that is a conclusion best left for a qualified lawyer to decide in the comfort of a conference room with his or her client. Still, some individuals will make things hard for themselves, and for that we can only advise taking a step back and viewing the situation with a pragmatic eye. Take, for instance, the news story of driver who allegedly caused multiple instances of property damage to other vehicles while reportedly operating his car under the influence of alcohol.
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June 20, 2012

Monmouth County Traffic Accidents Nets Two Drivers DWI Charges in Rumson, NJ

by Jonathan F. Marshall

Being caught driving drunk on a Garden State roadway is embarrassing enough without being involved in a fender-bender while intoxicated. We said more than a few times in this forum that compounding a DWI arrest with a traffic accident, not to mention an injury-related crash, only complicates one’s drunken driving defense. Naturally, if a driver has any desires to avoid the stiff penalties that come with a DWI or drug DUI conviction, it is a wise choice to consult with a qualified drunk driving defense attorney in advance of one’s appearance in court.

Having represented our share of motorists accused of driving under the influence of alcohol, prescription medications and even controlled substances such as cocaine and marijuana, I and my colleagues understand the law in this area very well. As a New Jersey DWI defense lawyer and former municipal prosecutor myself, I and my legal staff understand the strategies and tactics of state, county and local prosecutors when it comes to pursuing and securing a drink driving conviction.

As mentioned previously, adding a traffic accident to the list of charges related to a DWI arrest cannot help but complicate a driver’s defense. Property damage and bodily injury, whether the defendant’s or another party will not endear one to the court; law enforcement will have already weighed in on the issue with their list of violations, as well.
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April 21, 2012

DWI Defense Update: Breath-test Refusal can be a Double-edged Sword in Drunken Driving Cases

by Jonathan F. Marshall

You see it quite often in the news: “Driver charged with DWI and breath-test refusal.” But what is “breath-test refusal” and what does being charged with refusal really mean? On the face of it, it seems that some motorists arrested for driving under the influence simply decide not to let the police measure the percent of alcohol concentration in their bloodstream. Simple, right? Well, not that simple.

It certainly appears that refusing a breath test robs the police of what can be some relatively strong evidence. And one could say that this is a strategy many people adopt on the spot when arrested for driving while intoxicated. The trouble is, when the time comes to fight the inevitable DWI charges, the defendant now has at least two charges against him or her: the original drunk driving charge AND the breath-test (or blood-test) refusal charge.

As New Jersey DWI defense lawyers, I and my colleagues are asked by acquaintances and clients alike, “Is there any consequence to refusing a breathalyzer or blood test?” The answer is not what everyone may be hoping for, especially since there are no “Get Out of Jail Free” cards in the real world.
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March 6, 2012

Legal Defense Update: Not Every Drunken Driving Arrest in New Jersey Results in Similar Penalties Post-conviction

by Jonathan F. Marshall

A DWI is a DWI is a DWI, right? Well, not exactly. Here in the Garden State, people generally understand that an arrest for driving under the influence of alcohol can lead to severe monetary penalties. But what many motorists do not realize — until they have actually gone through the process of being tried for a DWI offense — is that drunken driving arrests come in varying degrees of severity, vis-à-vis penalties.

As New Jersey drunk driving defense attorneys, I and my staff of experienced DWI lawyers possess a deep understanding of the legal statutes that define this state’s anti-drunken driving law. Local and state police also know the law, too, and every day along our highways and byways, they make quite a concerted effort to secure arrests of individual drivers who, in their eyes, violate New Jersey’s strict DWI traffic laws.

For starters, every drunk driving defense lawyer in this state should know that driving while under the influence of beer, wine or hard liquor can result in severe penalties as defined in the New Jersey DWI statute, known in legal circles as N.J.S.A. 39:4-50. This set of criteria state the following in no uncertain terms:
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February 28, 2012

Westhampton Police Arrest School Bus Driver for DWI in Burlington County after Kids Called Parents

by Jonathan F. Marshall

Although it is hardly a stretch to say that a single DWI or drug DUI conviction can change the direction of an individual’s entire life, it’s certainly not unusual for a one-time drunken driving arrest and eventual guilty verdict to greatly impact a person’s career. Aside from the damage that a DWI or DUI conviction can do to someone’s personal relationships or standing in their community, jobs have been lost and careers ruined because of drunk driving.

As New Jersey DWI defense lawyers, my firm is dedicated to representing individuals accused of driving while intoxicated, operating a motor vehicle while impaired by prescription drugs (drug DUI), as well as those arrested for possessing marijuana and other drugs in a car, truck or other motor vehicle. It may seem difficult for some people to believe the wide-ranging effect that one or more DWI or DUI convictions can have.

This is especially true for those individuals who have intimate contact with the public, or those with jobs that involve the trust and safety of individuals throughout society; the occupations that come quickly to mind would be police officers, state and local officials, judges, school officials, and even teachers and school bus drivers.

February 26, 2012

New Jersey Police Blotter: Drunk Driving and Drug DUI Arrests in Ocean and Union Counties

by Jonathan F. Marshall

Any driver who lives or works in the Garden State may already know that arrests for drunken driving occur quite often all around the state. Although being pulled over for a traffic violation does not automatically mean that a driver will be charged with driving under the influence, there are numerous opportunities for motorists to be stopped and potentially charged with a DWI.

Much of this has to do with the circumstances and whether the arresting officer is convinced that an individual is impaired at the time of the traffic stop. Not all DWI and DUI arrests result in conviction; however, as New Jersey drunken driving defense lawyers, I and my staff of experienced DWI attorneys know full well that having any amount of alcohol or drugs in one’s bloodstream at the time of a traffic stop can result in charges being pressed.

Sometimes getting a summons for DWI — or breath test refusal, if one chooses to decline taking a breathalyzer test — is just a matter of timing. Be advised that feeling you are in the right does not change the way a police officer views the situation on the roadside. As we always suggest to friends and associates, it’s better to err on the side of caution and get a sober ride home than to take one’s chances with the local police and possibly be charged with impaired driving due to alcohol or prescription drug use (drug DUI).
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February 18, 2012

Ocean County, NJ, Drunken Driving Arrest News: DWI Charges Abound in Lakehurst, Lacey and Forked River

by Jonathan F. Marshall

Being slapped with a charge of DWI, drug DUI, or breath test refusal can be a shock to more than one driver, especially if he or she has never before received a summons for drinking and driving. For those uninitiated in the typical process of being arrested and charged with driving under the influence, the actual reasons can sometimes seem more innocent and hardly worth mentioning; however, the consequences are far from trivial.

As New Jersey drunk driving defense lawyers, I and my staff have read of and tried enough DWI and drug DUI cases to understand that the average motorist can be stunned by the speed at which a drunken driving arrest takes place. For many, it all begins with a simple and seemingly minor infraction; consider, for instance, a driver who just made a turn without signaling.

Since New Jersey drunken driving law does not allow a police officer to stop a motorist solely on the suspicion of that individual has had too much to drink — and is possibly impaired by alcohol or prescription medication (aka drug DUI) — the patrolman must observe a chargeable moving violation being committed to effect a traffic stop.
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February 10, 2012

Ocean County Drunk Driving News: New Jersey Woman Arrested for DWI, Aggravated Vehicular Assault

by Jonathan F. Marshall

As any one who has been arrested for drunk driving here in the Garden State probably knows already, being charged with driving under the influence of alcohol or prescription drugs — also known as drug DUI — can be difficult in and of itself to fight in court; but to add an injury accident one top of a DWI charge only complicates things for a defendant.

It doesn’t make any real difference if one is picked up in Atlantic, Essex or Hudson County, state and municipal law enforcement agencies hold a hard line against alleged drunken drivers. (The same can be said for the New Jersey court system, since state laws are very strict and contain stiff penalties for motorists convicted of driving while intoxicated, whether by liquor, doctor-prescribed medication or illicit drugs such as cocaine or marijuana.

When a driver causes a traffic accident while allegedly under the influence, the law tends to focus a little tighter on that individual. And, as mentioned above, injury accidents caused by drunk drivers can complicate a person’s defense in many cases. If the person who is injured is an officer of the law, this is without a doubt more than sufficient reason to consult with a qualified DWI defense attorney. And by all means, one should not even contemplate running from a patrolman.
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February 6, 2012

Legal Defense News: NJ Police Arrest Drunken Drivers in Mercer, Ocean and Morris Counties

by Jonathan F. Marshall

New Jersey is a pretty tough state when it comes to drunk driving enforcement. Anyone who driver here regularly has seen the frequent late-night sobriety checkpoints and anti-DWI saturation patrols operated by the New Jersey State Police and local law enforcement departments. Quite frankly, as drunken driving defense lawyers representing drivers in Monmouth, Sussex, Passaic and Ocean County, there is no good reason to risk one’s future by getting behind the wheel of a car, truck or motorcycle while impaired by alcohol or other substances.

While driving under the influence of alcohol or doctor-prescribed medication may not be a motorists primary intention, the chances of being stopped for a minor traffic infraction raise the possibility of being slapped with a DWI summons. The best way to avoid this scenario is to avoid driving any time one has had something alcoholic to drink; calling a cab, getting a ride from a sober friend or family member, or just staying put over night is by far the better course, than to find oneself with summons in hand and a court date pending.

Some of the most common police traffic stops, such as illegal turn or failure to maintain one’s lane, can end up with a driver arrested and charged with driving under the influence. Whether the charge is alcohol-based or a drug DUI — such as prescription meds or illegal substances like cocaine or marijuana — the potential conviction can cost a driver plenty in terms of monetary fines and even jail time, depending on the circumstances.
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