Breath Test Results

August 25, 2014

NJ Drunk Driving News: NBC Today Show Exposé Shines the Light on Smartphone Breathalyzer Apps

Most anyone who has been formally charged with driving under the influence of alcohol here in the Garden State is probably familiar with the way in which local or state police obtain evidence of intoxication, that is, the use of a breathalyzer machine to determine a driver’s blood-alcohol concentration, or BAC. For many people convicted of DWI, the machine most popular with law enforcement agencies across New Jersey is the Alcotest 7110 manufactured by Draeger Industries.

This particular BAC detecting tool, was first put into service more than 10 years ago. For anyone who has attempted to fight a DWI charge by calling into question the accuracy of the Alcotest device, it may not be a surprise to hear that a 2008 case heard by the New Jersey Supreme Court resulted in ruling that held the Alcotest 7110 to be scientifically reliable (State v. Chun, 194 N.J. 54 [2008]).

It could be said that ever since the police began using the first breathalyzer machines, some drivers have likely wondered if they, too, could measure their BAC levels before getting behind the wheel of a car or truck. The problem even into the 21st century is that the breathalyzer machines used by the police may be portable, but they are hardly convenient devices to carry on one’s person state. Still, having a personal device that could warn a motorist that he or she is legally drunk is something that many people want to have – and do have now, thanks to smartphone technology.
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August 17, 2014

Ocean County Woman Charged with Driving While Intoxicated, Plus Child Endangerment

by Jonathan F. Marshall

As experienced DWI defense lawyers, my law firm understands how many drivers who are accused of DWI can be quite nervous about the serious consequences they may be facing following a drunken driving arrest. It is important to note, however, that some instances of drunk driving may be much more damaging for one person than for another. In fact, a DWI conviction — or even simply an arrest for alleged DWI-DUI can severely impact some individual’s future career opportunities.

Commercial truck drivers come immediately to mind when the topic of intoxicated driving comes up. But other people, not just professional drivers, can suffer the aftereffects of a DUI conviction in many ways. The question of trust, employee safety and company liability are all serious issues that companies, both large and small, must consider when an employee is found guilty of driving under the influence of alcohol or drugs. Like it or not, the complications of a DUI-DWI arrest and subsequent conviction can have long-term effects on many New Jersey drivers.

We were reminded of the havoc that a DWI conviction can have on some individuals just a short time ago when we read a news report of a Bayville woman who was taken into custody by Toms River police after she allegedly slammed into a fire hydrant with her car early on a Friday afternoon. Apparently, the 50-year-old woman had recently been hired as a babysitter by a local woman to take care of her son at home. Based on police reports, the officers stated that the babysitter had been discovered drunk at her employer’s home earlier that day.
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July 31, 2014

Arrested by Police for Drunken Driving? Fighting Those DWI Charges can be a Viable Option

by Jonathan F. Marshall

Making the decision to fight DWI or drug DUI charges in the Garden State can be fraught with much anxiety and many questions. As experienced trial lawyers, my colleagues and I have defended hundreds of people over the years against all manner of civil and criminal charges. Every month we meet with dozens of New Jersey motorists who have been accused of intoxicated or drug-impaired driving, with the intent to have those charges reduced or dropped altogether. We know that the trepidation many people feel walking into a courtroom is completely normal, but it should not prevent you from fighting for your rights.

As Bergen County DWI-DUI attorneys, we believe that taking a proactive approach to protecting your legal rights can pay off in the end. My legal team here at the Law Offices of John F. Marshall, is highly regarded throughout the state of New Jersey, not only because of our seasoned and expert defense attorneys, but also because of the results that we obtain year in and year out. When we prepare a client’s defense case, we endeavor to exhaust every avenue while thoroughly investigating the details of the arrest, as well as presenting a comprehensive legal strategy as a challenge to the prosecution’s evidence.

It goes without saying that law enforcement agencies throughout New Jersey have a dim view of motorists suspected of DWI or drug DUI. Similarly, our state’s drunk driving laws provide for some very harsh penalties for those drivers who are found guilty of violating the DWI-DUI legal statutes. Quite simply, a motorist is considered to have been driving under the influence in New Jersey if his or her blood-alcohol concentration (or BAC) is 0.08 percent or more. Penalties associated with DWI-DUI are also based on the BAC measurement determined at the time of the arrest.
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June 21, 2014

Out-of-State Driver Pleads Guilty to Vehicular Homicide after Fatal Warren County DWI Crash

by Jonathan F. Marshall

When it comes to out-of-state drivers who are arrested for DWI or drug DUI here in New Jersey, it is important to remember that New Jersey and almost every other state in the nation participates in what is known as the “Driver License Compact,” or DLC for short. Briefly, the DLC is an agreement between 45 individual states and the District of Columbia, which allows the non-resident state to report any traffic-related conviction to the administrative division of the offending driver’s home state. In short, if one’s home state has a statute or equivalent law for an offense committed here in New Jersey, it will be treated as if the violation took place in the state where the driver resides.

A related agreement, known as the “Non-resident Violator Compact,” is observed by 44 participating states, which in essence safeguards the rights and privileges of non-resident drivers when operating a motor vehicle outside of their home state. For example, when a Garden State motorist is driving in a participating state, this interstate agreement ensures that the driver will have the same rights as the resident drivers of that state if he or she is arrested for drunken driving, drug DUI or other related impaired driving offense.

Under the non-resident agreement, if a motorist is charged with a traffic offense or other serious moving violation, he or she has the protection of due process. This also means that a New Jersey driver must comply with the terms of the member state’s traffic citation as ordered by that non-resident state, and any failure to comply can result in license suspension here in the one’s own state.
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May 14, 2014

Fender-Bender or Simple Flat Tire… In Jersey, Either Can Lead to a Costly DWI

by Jonathan F. Marshall

The odds of receiving a drunk driving summons in New Jersey are not as slim as many might think, especially in cases where a driver may be returning home from a night out with friends and there is some alcohol in the driver’s system. Of course, one of the more tried-and-true ways to avoid a DWI arrest and related charges is to not get behind the wheel of any motor vehicle when one has had a couple of drinks, or more. At the same time, it is not unheard of to see motorists who have not had a drop of beer, wine or hard liquor end up being arrested for some kind of impaired driving.

As Garden State DWI-DUI defense attorneys, my legal team knows that the easiest way to find out whether one will be suspected of driving while intoxicated is to either get into an accident or drive in a (supposedly) careless or reckless manner. Even a simple vehicle equipment violation can open the door to scrutiny by a local police officer or state patrolman. Frankly, it doesn’t take much to get the attention of a law enforcement officer, no matter where one drives.

From the standpoint of the law, a motorist can be served with an impaired driving summons based on any number of alleged offenses, including consuming alcohol prior to hitting the road, ingesting an otherwise intoxicating substance, or operating a motor vehicle while under the influence of illegal drugs or even legal, and doctor-prescribed, medications.
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May 2, 2014

Garden State Drunk Driving Law Update: Jersey Motorists Charged with DWI Should Seek Help

by Jonathan F. Marshall

Considering the zealousness with which New Jersey law enforcement pursues drunken drivers, it’s not hard to imagine that local prosecutor’s offices are equally dedicated to convicting accused drunken drivers. With that in mind, it is important to remind anyone who has been charged with an alcohol- or drug-related driving offense that consulting with a qualified DWI-DUI defense attorney is often a good idea.

Our law firm serves the residents of New Jersey in counties such as Bergen, Monmouth, Ocean and Middlesex, among others. My colleagues and I know the ramifications involved with a DWI conviction — even on a first-time offense — not only in terms of the financial impact that may await a defendant, but also the potential social stigma attached to a drunk driving conviction. This is in addition to possible jail time, as well, though with the assistance of a skilled drunk driving defense attorney the odds of serving time behind bars is greatly reduced.

Even with the potential penalties hanging over the head of a motorist accused of DWI or drug DUI, quite a few drivers may still wonder whether or not hiring a New Jersey DWI lawyer is worth the trouble. This is because many drivers who are facing a DWI summons may simply consider the battle already lost once the charges are lodged against them. As experienced trial attorneys, we must say that there are numerous arguments why individuals should consider fighting a drunken driving charge.
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April 23, 2014

New Jersey Motorist Charged with DWI after Out-of-State Police Traffic Stop for Speeding

by Jonathan F. Marshall

While not as common as in-state traffic stops, more than a few Garden State residents get caught every week by police in nearby states for any number of traffic violations. Although a speeding ticket or citation for a vehicle equipment violation may not weigh heavy on the mind of some individuals, being arrested for drunken driving — whether her in New Jersey or somewhere out-of-state — can cause one to seriously consider the present and future implications of a potential DWI or drug DUI conviction.

It is a fact that as a licensed driver here in New Jersey, a motorist is required to obey the traffic laws and rules of the road here, as well as in other states in which one operates a motor vehicle. The sharing of DMV information between law enforcement agencies across the country has made out-of-state violations just as relevant as if they occurred in one’s own home state. This means that even if a New Jersey driver violates a traffic law out-of-state that he or she will still be subject to penalties, points and license suspension within New Jersey.

For reference, there are two interstate agreements that affect drivers when operating their vehicles in a state other than their own. The first is known as the “Driver License Compact,” which is an agreement between 45 of the 50 states in the Union, as well as the District of Columbia, that governs certain traffic violations and license suspensions for non-residents. Essentially what this means is that when a motorist is convicted of a traffic violation in a state other than the one where he or she resides, the non-resident state will report that conviction to the appropriate agency in the motorist’s home state.
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April 21, 2014

Newark Driver Avoids Vehicular Manslaughter Charge in NYC; Gets Probation in Connection with Deadly DWI

by Jonathan F. Marshall

According to news reports, a New Jersey driver avoided a vehicular manslaughter charge in connection with a fatal 2013 auto-pedestrian collision over in Brooklyn last summer. Based on a recent article, the Newark, NJ, area motorist was sentenced to probation, a six-month driver’s license suspension, plus a $500 fine after his guilty plea for being drunk behind the wheel when he struck and fatally injured a 27-year-old woman on July 5 last year.

As Garden State DWI and drug DUI defense attorneys, my firm is all too familiar with the often devastating results of drunken driving. Although we defend individuals accused of DWI-DUI, we do not condone drunk driving; and we certainly do understand the risks involved in getting behind the wheel while under the influence of alcohol. There is no doubt that a DWI arrest in conjunction with a fatal traffic accident is something that no person would ever want to have happen. In this particular case, the prosecutors apparently believed that the defendant’s reported blood-alcohol concentration (BAC) of 0.126 percent was not a factor in the tragic death of the 27-year-old victim.

According to news articles, the deadly accident took place around midnight near the intersection of Flatbush and St. Marks avenues. At that time, the defendant was driving a BMW sedan when he reportedly struck the woman. As a result of the impact, the victim sustained massive head injuries, complications from which resulted in her death five days later as she was being treated in a local hospital.
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April 6, 2014

Monmouth County Police Blotter: Drunken Driving Arrests for Several Drivers in Middletown Area

by Jonathan F. Marshall

Police officers in Middletown Twp. Had a busy week not long ago when they arrested and charged five individual drivers with operating a motor vehicle while under the influence of alcohol. Without knowing the specific circumstances of each arrest, it is difficult to know how or why each of these drivers was served with a summons for DWI, however it is instructive to remind readers that being stopped on any Garden State roadway can open a person up to extreme scrutiny, especially if they in any way exhibit some key signs of impairment.

As New Jersey drunken driving defense lawyers, my colleagues and I understand the difficult position under which many otherwise law-abiding citizens are placed when they find themselves being questioned on the roadside by a local cop or state trooper. Odd as it may seem to some people, it is possible — yet amazingly commonplace — to see a motorist who is pulled over for one of many possible traffic infractions end up admitting, in short order, that he was drinking prior to the police stop.

Providing a police officer with an “admission of guilt” in whatever manner it happens, does not necessarily that the driver’s statements can be used against him in court. An experienced DWI defense attorney, like those on the legal team in my firm, will know immediately to ask whether or not the driver was read his or her Miranda Rights prior to their supposed admission of guilt. Similarly, one should also consider whether or not the driver was informed of his right to remain silent. Depending on the situation, if the answer to these two questions was no on both counts, then there is reason to believe that the court may likely strike any admission of guilt from the record, since it was probably not obtained legally.
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March 18, 2014

Hackensack Prosecutor Drops Serious Charges against Bergen County Woman Originally Suspected of Fatal DWI Accident

by Jonathan F. Marshall

Last week, the Hackensack Municipal prosecutor’s office dropped two key summonses previously lodged against a River Vale resident who was initially under suspicion of impaired driving after her vehicle struck and killed a well-known local business man last fall. According to news articles, the prosecution essentially cleared 63-year-old Kathleen Gehm of any wrongdoing in the tragic auto-pedestrian collision that resulted in the death of 87-year-old Jerome Some on the evening of October 8.

Based on court records, the DWI and reckless driving charges were dropped by Frank Catania Jr., municipal prosecutor for the city of Hackensack. The motion to dismiss, which was just recently filed, came months after the Bergen County Prosecutor’s Office decided not to pursue criminal charges against Ms. Gehm following a negative toxicology report on blood taken from her after the deadly traffic accident. Those toxicology results were returned from the lab last December.

According to news reports, Gehm’s lawyer stated that at the time of the incident his client was “extremely shaken up” and freezing as she stood in the cold evening air in sandals. This information was part of the defense’s argument to the court as to why the woman allegedly failed two field sobriety tests requested of her by police officers at the scene of the crash. As a result of those failed tests, police asked the woman to take a breath test, to which she did consent in hopes of clearing herself of a DWI charge.
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