Breath Test Results

February 28, 2014

Somerset County DWI News: State Police Arrest Fleeing Driver after 100mph Chase

Although it may seem to be an obvious point to make, it would seem that a small number of people still don’t understand that confronting the police in whatever circumstance is highly inadvisable these days. Especially under such circumstances as a simple traffic infraction, there is little advantage to calling out an officer who is only doing his duty. Even as DWI defense attorneys, the legal staff at my firm recognizes the important and indispensable role that law enforcement plays when ti comes to the general welfare of our society as a whole.

So the question arises, how should one react to being pulled over for a moving violation? Calmly, is what most people would generally agree is the approach any motorist should take when being questioned by a state trooper or local policeman. We’ve cautioned readers in the past regarding the folly of driving while possibly under the influence of beer, wine or liquor. The DWI-DUI laws here in the Garden State make the act a potentially expensive and inconvenient one, to say the least.

But when it comes to interacting with a policeman on the roadside, it is best to save any fight for the courtroom, since outbursts brought on by anger or frustration will generally not be tolerated by any patrolman. Certainly, being accused of drunken driving presents a motorist with trouble enough without potentially adding on to the list with a verbal onslaught or uncooperative behavior. In fact, refusing to provide a breath sample may seem like one way to retaliate against an unjustified arrest for DWI, but even that approach can backfire on some people.
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February 9, 2014

Bergen, Monmouth, or Ocean County; Regardless Where a DWI Arrest Occurs, a Strong Defense is Important

by Jonathan F. Marshall

The old saying, “It’s not what you know, but who you know,” could be applicable to almost any aspect of life. Whether you are looking for an experienced building contractor, a reliable snow removal company, or a skilled legal expert, it’s always best to do one’s homework in order to get the best and most qualified professional on your side. But, while many things in life can be put off, finding a good attorney is not necessarily one of them.

For anyone who has even been charged with driving while intoxicated (DWI) or driving under the influence of prescription medications (drug DUI), it is a fact that when staring at potential penalties in the hundreds to thousands of dollars, getting to know a good drunk driving defense lawyer can quickly become a top priority. Here in the Garden State, being convicted of DWI or DUI, not to mention breath test refusal, underage drunken driving, or marijuana possession in a motor vehicle can be a serious event in one’s life; and, one that will not soon be forgotten.

The often serious penalties awaiting those who are found guilty of drunk driving can include not only monetary fines and assessments, but also a likely driver’s license suspension, imposition of an ignition interlock device on one’s vehicle, not to mention the possibility of jail time. As anyone can imagine, being charged with an alcohol- or drug-related traffic offense can have serious ramifications for the motorist and his family.
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January 31, 2014

Alcohol-related Union County Arrests Include Traffic Accidents and Late-night Police Stops

by Jonathan F. Marshall

A 53-year-old Plainfield, NJ, driver was taken into custody by members of the Garwood Police Department following a traffic accident near the intersection of South Ave. and Center St. According to news articles, a collision took place around 1am in the morning when a white van reportedly slammed into the back of another motor vehicle. Based on police information, a number of 911 calls were made calling officers to the scene as the driver of the van allegedly attempted to leave the scene of the crash.

Officers arrived shortly thereafter to find that one person had reportedly removed the driver of the van from his vehicle. Upon investigation, the patrolmen determined that the suspect was “so intoxicated” that he allegedly could not maintain his balance. As a result, the officers took the man into custody and arrested him for drunken driving. The other driver whose vehicle was hit complained to emergency responders of back pain and was transported to a local hospital for treatment.

The suspect was taken to police headquarters where he was charged with additional offenses, including a couple criminal complaints — vehicular assault and operating a motor vehicle on a suspended license reportedly due to multiple previous DWI convictions. The man was eventually released on $5,000 bail pending trial.
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December 16, 2013

Hudson and Ocean County DWI News: Police Arrest Four Motorists for Various Drunken Driving Offenses

by Jonathan F. Marshall

Drunken driving, DUI, DWI, impaired driving, drug DUI, breath test refusal and numerous other drug- and alcohol-related driving offenses are topics that many people of driving age have heard of, but fewer actually know about from personal experience. Covered under the New Jersey drunk driving statute (N.J.S.A. 39:4-50), offenses such as driving while intoxicated by alcohol and driving under the influence of drugs are serious charges that carry stiff penalties for anyone convicted of them.

As Garden State DWI defense lawyers, my colleagues and I have discussed with many of our clients the rather harsh penalties associated with a guilty verdict for drinking and driving. Despite the amount of publicity aimed at discouraging DWI-DUI, it is interesting that many motorists apparently still find it hard to imagine that they will ever be arrested for operating a motor vehicle while under the influence.

As every drunk driving defense attorney knows, New Jersey’s DWI law states that no person shall operate a vehicle while under the influence of any intoxicating liquor, narcotic, hallucinogenic or habit producing drug. The penalties for such an offense include upward of $400 for a first-time offense plus a one-year driver’s license suspension. For a second offense the stakes rise to as much as $1,000 and a two-year license suspension.
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December 1, 2013

New Jersey Drunk Driving News: Burlington County School Bus Driver Pleads Guilty to DWI, Child Endangerment

by Jonathan F. Marshall

In what could be referred to as a case of “bussing while intoxicated,” a Garden State school bus driver not long ago pleaded guilty to operating a school bus loaded with children while she was apparently under the influence of alcohol in November 2011. As many people can surely understand, the impact of a DWI conviction on most any professional driver, especially one who transports children, can be serious and long-lasting.

As New Jersey drunk driving defense attorneys, my legal team is well versed in the statutes pertaining to our state’s DWI and drug DUI laws. For most people who have been charged with driving while intoxicated by alcohol or impaired by doctor-prescribed medications (even illegal substances like cocaine or marijuana), a first-time DWI-DUI offense can be an eye-opening experience. With monetary penalties approaching thousands of dollars (including auto insurance premium assessments) and potential jail time depending on the specific circumstances, there is little sense in tempting fate by going it alone in a courtroom.

Of course, finding a qualified DWI lawyer can be one of the most important steps one can take following a drunken driving arrest. And, taking advantage of a free initial consultation can be invaluable for almost anyone facing a serious alcohol or drug-related traffic violation. In our estimation, it is better to understand your rights going forward than to leave things more to chance by confronting the arresting officer and a skilled municipal prosecutor in a court of law.
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November 10, 2013

Garden State Drunk Driving Update: How to Approach Events at a DWI Roadblock

by Jonathan F. Marshall

Anyone who follows the evening news or reads the local police blotters understands that alcohol and motor vehicles are never a good mix in the eyes of the police and our court system. Whether a driver has just left a celebratory party with close relatives, driving away from a bar after having a drink with friends, or returning home with one’s spouse after an evening of dinner and dancing, if alcohol is in your system when a police officer pulls you over for a traffic violation, there may be consequences.

Of course, we see these kinds of scenarios play out every day all around our state. In fact, as New Jersey DWI-DUI defense attorneys, we are never surprised at the frequency and volume of drunk driving arrests that occur in the Garden State on a monthly basis. Whether in the Monmouth County area, over in Hudson or Sussex counties, or down in Cape May County, the likelihood of being arrested and charged with an alcohol-related offense is high if the driver himself is too.

Now, most people would tend to assume that motorists get pulled over for being drunk, but the fact of the matter is the police can only stop a vehicle if they observe a traffic violation take place. Roving police patrols, especially prevalent during certain holidays, are usually looking for telltale signs of inebriation, though simply assuming a driver is drunk is not sufficient to justify a traffic stop on its own. But once a moving violation or vehicle equipment violation has been spotted, the odds of being stopped go up considerably.
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November 7, 2013

Accused of DWI, Lindsay Lohan’s Mother Blames Paparazzi for Her Alleged Drinking and Driving

by Jonathan F. Marshall

As New Jersey drunken driving defense attorneys, we have represented hundreds of motorists accused of operating a motor vehicle while under the influence of alcohol. In our years as experienced trial lawyers, we have heard numerous kinds of defense arguments, but rarely if ever have we heard of a defendant arguing that being hounded by the media resulted in his or her DWI arrest.

Granted, the majority of defendants in New Jersey drunk driving cases tend to be average people who have been unlucky enough to have been stopped by a police officer and handed a summons for driving under the influence of alcohol or prescription drugs. Those who are popular enough to be the target of news reporters and photographers would make a much shorter list.

We were reminded of this when we ran across a number of news stories about Dina Lohan, the mother of the well-known celebrity, Lindsay Lohan. According to reports, Lohan’s mother was headed to court in Long Island because of a DWI charge resulting from a traffic stop on the Northern State Parkway back on September 12. It appears that Ms. Lohan, 51, was stopped by a patrolman for speeding, but ended up being arrested on what the news articles called “suspicion” of driving while intoxicated.
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October 14, 2013

New Jersey Motorist Tells Cops He Drank Vodka Prior to Being Arrested for Drunk Driving

by Jonathan F. Marshall

Far be it for us to tell anyone what to do in this life, but as experienced Garden State drunk driving defense lawyers and skilled trial attorneys, we like to believe that our advice is solid, at least when it comes to avoid a DWI conviction. Since for most people — mostly those arrested for operating a motor vehicle while under the influence of beer or wine, hard liquor or mixed drinks — the thought of being pulled over and arrested for DWI was likely the last thing on their mind, that is, until a police cruiser appeared in their rearview mirror.

First-time drunk driving offenders are usually the most surprised when a state trooper or local patrolman turns on his siren and patrol car lights as a precursor to stopping a motorist for perhaps a very minor traffic infraction. But, of course, once that occurs the door is opened to the curiosity of the policeman in charge and if one has had a little too much alcohol to drink, the results could be unfortunate.
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October 7, 2013

New Jersey Supreme Court Upholds Alcotest Device following Challenge to Machine’s Reliability

by Jonathan F. Marshall

Proof of intoxication is typically a key element in any case against a motorist who has been charged with DWI, or driving while intoxicated. As any seasoned drunken driving defense lawyer knows, a conviction for driving under the influence of alcohol can result in potentially crippling consequences for his or her client; making it all the more important to challenge any evidence that might help to prove the defendant was drunk at the time of the arrest.

It is important to remember that simply because a driver is stopped for a traffic offense, under which circumstances the police officer in charge believes the driver to be under the influence of beer, wine or hard liquor, the state must still show proof of intoxication to the court. If the municipal prosecutor cannot adequately show that the defendant was legally impaired, the court may find that individual not guilty of the charges, or simply throw out the case for lack of sufficient evidence.

But the evidence can be strong when a breathalyzer machine, such as the Alcotest device, has recorded a measurement(s) that indicates a substantial amount of alcohol in the driver’s bloodstream. Because DWI-DUI is a serious offense, which can carry with it severe and costly penalties should a person be convicted, the results provided by machines such as the Alcotest 7110 — used by police departments all across New Jersey — have for years been the foundation of most DWI cases against accused drunk drivers.
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September 30, 2013

New Jersey DWI Guilty Verdicts Can Hinge on Strong Proof of Intoxication, Among Other Facts

by Jonathan F. Marshall

As Garden State DWI defense lawyers, my colleagues and I know that it is truly a mistake to assume that the prosecution always has a strong case against every driver accused of DWI or drug DUI. If everyone assumed that the state’s case against a defendant was iron-clad, nobody would probably ever challenge the charges against them. But this is not a perfect world, and neither the police nor the prosecuting attorneys across New Jersey are always right. Mistakes are often made and the facts are sometimes used incorrectly or are not germane to the specific case.

At any rate, with free consultations available from most reputable and qualified drunk driving defense attorneys, there is no good reason not to spend a little time to describe your situation and find out what your rights are under this state’s DWI statutes. Here at the law officers of Jonathan F. Marshall we specialize in fighting for the rights of those motorists who have been accused of drunken driving, drug-related DUI, impaired operation of a motor vehicle, breath test refusal, and other alcohol and prescription drug-related offenses.

While many people can be excused for thinking that the word of a police officer is indisputable, as experienced DWI lawyers and skilled trial attorneys we know that this is hardly the case. As we have said before, this is not a perfect world and even patrolmen and state troopers can make mistakes when arresting and charging a driver with driving under the influence. Whether the arrest occurs in Monmouth County, Bergen or Ocean County, or Middlesex County, the question should always be: “Can the state prove you were driving while intoxicated?”
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