Breath Test Results

September 20, 2013

Ignition Interlocks: The Current Reality for Many Convicted New Jersey Drunken Driving Offenders

It’s safe to say that most people who have more than a few decades under their belts may have seen and experienced quite a bit in their life so far. That said, it wouldn’t be a stretch to suggest that being arrested by a police officer for anything would be a relatively scary proposition for almost anyone, not the least an average law-abiding citizen. The last thing that anybody wants is to be branded as is a scofflaw, or worse, a criminal.

But being arrested for a DWI or drug DUI is exactly what thousands of Garden State residents experience every year in this state. Having been stopped for a traffic violation can rattle most any motorist, but to find oneself being placed in the back of a patrol car and taken to police headquarters for a breathalyzer test and possible drunken driving charges, well that can be a downright frightening experience.

Not only can a DWI-DUI arrest be unnerving, but having been charged and then facing the serious consequences of a drunk driving conviction the potentially expensive penalties that go along with a guilty verdict can weigh on a person. As New Jersey DWI defense lawyers, my colleagues and I truly understand what the average person is facing when that squad car door slams shut and the ride to police headquarters begins. Maybe you won’t be charged with driving while intoxicated, but many people are and those odds aren’t comforting.
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September 6, 2013

Liquor Store Owner Calls Police after Allegedly Intoxicated Customer Tries to Buy More Alcohol

by Jonathan F. Marshall

Just a note to any drunk individuals who might mistakenly believe that liquor stores are their best friends. All we can say is don’t count on it; the odds of these businesses risking their livelihoods for you are very low indeed.

When it comes to drinking and driving, my firm knows that many people caught by the police are surprised to discover that that they are being charged for DWI, thinking instead that they could not have been legally drunk at the time of the police stop. And while our job as New Jersey drunken driving defense attorneys is to challenge the prosecution’s evidence, there are times when the state does have a case and the driver will likely face stiff penalties.

It seems that some people don’t always consider their well-being or that of others around them when they get behind the wheel of a motor vehicle after having more than enough to drink. As experienced trial attorneys, my colleagues and I have the skills and training to help accused motorists fight the charges and perhaps have penalties or jail time reduced. Going it alone in a New Jersey DWI and drug DUI case is a risky proposition, which is why we recommend consulting with a qualified legal expert in drunk driving law.
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August 31, 2013

Considering Drunk Driving Charges Based on Breath Samples vs. Blood Samples

by Jonathan F. Marshall

When looking at the process of charging a motorist with operating a vehicle while under the influence of alcohol, establishing proof of intoxication is a primary concern for the arresting officer as well as the local prosecutor who will eventually try the DWI case. There is no question of whether or not driving while intoxicated is a serious offense; it certainly carries severe penalties entailing stiff monetary fines as well as suspension of one’s driver’s license and potential jail time.

As New Jersey DWI-DUI defense attorneys, I and my colleagues know that just because a driver is stopped and charged with a drunken driving offense, it does not necessarily mean that there is no recourse for that individual. The law provides everyone an opportunity to defend himself in a court of law, and lawyers such as those at my firm are ready to represent people accused of DWI or drug DUI against accusations of impaired motor vehicle operation.

Currently, the state of New Jersey typically uses the Alcotest 7110 breath testing device, which has been ruled a legitimate piece of equipment for determining the blood-alcohol content (BAC) of a suspect via a breath sample. Manufactured by Draeger Industries and initially put into service in 2003, the Alcotest machine conducts two separate internal BAC tests; one that uses infrared radiation and another that employs and electrochemical process.
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August 30, 2013

Debate Continues: Alcotest Machine Under Fire for Alleged BAC Measuring Inaccuracies

by Jonathan F. Marshall

Anyone who has followed the course of anti-drunk driving enforcement will likely understand that there are two primary methods used by police to determine a suspect’s blood-alcohol concentration or “BAC.” The measurement of the amount of alcohol in the blood by volume has long been a primary tool for police agencies when attempting to determine if a motorist is legally intoxicated.

Here in the Garden State, breathalyzer machines have been used for decades as a way to determine BAC by sampling the breath of an individual to discern the percentage of alcohol in a person’s bloodstream. This has allowed police and state prosecutors to more or less quantify a driver’s “drunkenness” as a means to convict the accused DWI defendant in a court of law.

As New Jersey drunk driving defense attorneys, the legal staff at the Law Offices of Jonathan F. Marshall have the necessary background in New Jersey DWI-DUI law, as well as trial experience, to provide valuable legal representation to clients who have been charged with operating a motor vehicle while under the influence of beer, wine, hard liquor or other alcohol-based beverage. We also are skilled in defending those drivers accused of impaired driving due to use of doctor-prescribed medications or even illicit drugs, such as marijuana or cocaine.
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August 26, 2013

Piscataway, NJ, Motorist Tasered by Police following Out-of-State DWI Accident

by Jonathan F. Marshall

With years of experience representing New Jersey motorists who have been accused of driving under the influence of beer, wine, hard liquor or drugs, our law firm is committed to seeing that those accused of an offense get their day in court. While some drivers are found guilty of DWI or drug DUI, others may be found not guilty or have their cases thrown out due to insufficient evidence or improper police procedures.

There is no “typical” drunk driving arrest, though many follow the general pattern that begins with a traffic stop for what could be termed an insignificant infraction. After the arrest and formal charges, it is up to the person charged with driving while intoxicated to choose whether or not he wants to walk into a courtroom with counsel.

Determining if a drunken driving arrest was made properly hinges many times on the totality of facts, which a layperson may not be able to easily assess in the time between being charged and the hearing date. As experienced DWI defense lawyers, we often recommend that anyone facing such circumstances take advantage of the often free consultation offered by professional DWI attorneys.
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August 24, 2013

NTSB’s Proposed 0.05 BAC Limit Unlikely to Become Law in New Jersey Anytime Soon

by Jonathan F. Marshall

There has been a bit of concern in some quarters about the future of a stricter legal limit for driving while intoxicated (DWI) in New Jersey, as well as other states across the country. Ever since the recommendation from the National Transportation Safety Board (NTSB), the blogosphere has been buzzing with scenarios of doubled, tripled or quadrupled instances of drunken driving arrests, DWI cases and corresponding convictions.

As New Jersey drunk driving defense attorneys, my staff is also affected by changes in the law, though our main goal is still to provide skilled legal representation to those motorists accused of DWI or drug DUI. But the issue of a tightening of the state’s blood-alcohol concentration (BAC) limit as it applies to the legal definition of drunk driving is still of great interest to us and others in our field of practice.

So, the question remains, could a lower DWI standard be in the works any time soon? And how would that change affect drunk driving enforcement as well as other aspects of DWI and DUI legal defense. Well, the short answer, if we are to believe earlier news articles, is not for some time. In fact, some have suggested that a revised BAC of 0.05 percent, which tightens up the current standard by nearly 40 percent, could be decades in the making for us in the Garden State.
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July 28, 2013

New Jersey Drunk Driving Police Blotter: Officers in Middlesex and Monmouth County Arrest Drivers for DWI

by Jonathan F. Marshall

Prosecutions of motorists accused of driving while intoxicated can unfold in a number of different ways here in the Garden State. In situations where a driver is charged with operating a motor vehicle under the influence of alcohol usually focus on whether or not the defendant was impaired by beer, wine, hard liquor of some other type of alcoholic beverage. Arrests made on the basis of having a blood-alcohol content (BAC) reading of 0.08 percent or more is typically referred to as a “per se” charge.

As New Jersey drunk driving defense attorneys, I and my legal team understands New Jersey’s DWI-DUI law, which can be unusual in several ways. First off, unlike many other states across the country, New Jersey doesn’t give accused DWI or drug DUI offenders the right to a jury trial. A motorist accused of driving while intoxicated in the Garden State is entitled only to a court trial, where a judge is the sole decider of guilt or innocence. Naturally, there are various advantages and disadvantages to this approach.

One important “advantage” for those defendants who are found guilty by a judge of DWI-DUI in New Jersey is that the guilty party has the right to an appeal, known in legal circles as a “de novo” appeal. In cases where the defendant loses his initial DWI case, the de novo appeal allows the appellant to bring his case before a county-level Superior Court judge, who will review the trial transcripts and listen to arguments from both the motorist’s lawyer and the state’s attorney.
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July 24, 2013

Union County DWI Police Blotter: Fanwood, Garwood and Summit Police Make Multiple Drunk Driving Arrests

by Jonathan F. Marshall

It’s easy to become incensed about a traffic ticket, especially for an individual who has never before been face to face with a municipal patrolman or a state trooper; authority figures who essentially tell a that person that he was, plain and simple, in the wrong. But imagine not only being told you were wrong, but that you were being arrested for your mistake as the officer saw it. It’s not hard to see that many an otherwise law-abiding citizen might lose his cool under such circumstances.

As New Jersey DWI defense lawyers, my firm is well versed in the laws of this state as they apply to operating a motor vehicle while under the influence of beer, wine, hard liquor, and even prescription medications or illicit drugs. With more than 100 years of collective litigation experience, I and my colleagues take our jobs very seriously when it comes to representing the interests of clients who have been accused of drunken driving, breath test refusal, CDS possession in a vehicle, drug DUI and other DWI-DUI cases.

While many of our clients are first-time offenders, there is no lack of people who find themselves in similar situations each and every day. Alcohol and drug-related traffic arrests are made by police constantly all across the Garden State. We are asked quite often by potential clients if an officer needs a warrant to make a drunk driving arrest. The short answer is actually, No.
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July 14, 2013

Alleged Racial Profiling Blamed in Out-of-State DWI Arrest of Motorist with Zero Blood-alcohol Content

by Jonathan F. Marshall

Like it or not, we do not live in a perfect world. Day in and day out, law abiding citizens all across the country are stopped on our nation’s roadways and arrested for any number of offenses for which the charges are later dropped or dismissed in a court of law. For those who have their cases thrown out by a traffic judge, the relief is often accompanied by anger or resentment because of the trouble and cost of defending their good name when they knew all along that they were innocent of the charges. For others — those who can’t avoid the points, monetary penalties or other punishment ordered by the court — they can usually appeal their case to a higher court.

The point we wish to make here is that nobody is perfect, and that goes as much for the men and women in law enforcement as it does anyone else in our modern society. It’s only natural that human beings come with their own set of shortcomings. Mostly, we ignore the less serious failings — in terms of judgment or actions — of our friends and family knowing that they mean well even though their decisions and choices can sometimes be arrived at through faulty or imperfect logic. For others, we often expect perfection, though this is often only wishful thinking.

Police officers and others in authority tend to be seen by a large portion of the general public as having a god-like infallibility. Living up to this standard would be hard enough for the average person, much less someone who is charged with maintaining the safety and well-being of the citizenry. When a police officer, judge, or city, state or federal official fails to meet the public’s expectations of them, there is usually a backlash.
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July 10, 2013

NJ Police Blotter: DWI Arrests Include Suspect Fleeing from Drunk Driving Stop in Union County

by Jonathan F. Marshall

Here in the Garden State, motorists are not lacking in choice when it comes to selecting a drunk driving defense attorney to representing their interests following a DWI or drug DUI arrest. Whether it’s a routine traffic stop that results in a summons for impaired driving or multi-car accident that points to a driver being drunk behind the wheel, an unending procession of intoxicated driving and prescription drug-related DUI cases is constantly marching through New Jersey courtrooms almost every day.

As experienced drunken driving defense lawyers, I and my staff of skilled trial attorneys have the legal background and professional experience that brings results. The Law Offices of Jonathan F. Marshall provides clients with legal representation in cases involving drunken driving, drug-impaired vehicle operation, possession of illegal or controlled dangerous substance (CDS), and breath test refusal, just to name a few.

Especially here in New Jersey, where stiff DWI fines and other penalties await those convicted of driving while intoxicated, there is a large number of anti-drunk driving road patrols and sobriety checkpoints (also known as DWI roadblocks) that occur on a regular basis, both in the summer months and at various times during the year when a major holiday suggests a higher-than-normal frequency of drunken drivers on the roadways.