Breath Test Results

May 15, 2013

New Jersey DWI News: NTSB Recommend Lowering Legal Blood-Alcohol Content from 0.08 to 0.05 Percent

Question: How do you increase the number of New Jersey drunken driving arrests almost overnight?
Answer: Just lower the legal limit for blood-alcohol concentration.

The simple Q&A above may seem like a heavy handed attempt at levity, but it actually does have its roots in reality. And, while the scenario of having an even tighter legal limit for drunk driving might seem a bit far-fetched at this very moment, it may be closer than anyone might expect if state legislatures like ours here in the Garden State take the latest recommendation from the federal government to heart.

According to news reports, safety analysts at the National Transportation Safety Board have just recommended a lowering of the legal blood-alcohol content (BAC) level from the current 0.08 percent to a suggested 0.05 percent. The recommended level of 0.05 percent represents a drastic reduction of more than one-third from the current legal limit. As New Jersey DWI defense attorneys, we can only surmise that a lower legal limit would result in a potential increase in drunk driving arrests, at least initially.

Human nature being what it is, it may be that many of the individuals who currently drink and drive likely would continue doing so regardless. But one must ask whether a lower legal limit would shock our society to the point of most everyone being more vigilant about how much they drink before operating a motor vehicle. For reference, approximately 10,000 people die each year in drunk-driving accidents nationwide, while about four million drivers reportedly admit to getting behind the wheel while intoxicated by beer, wine or hard liquor.
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March 5, 2013

Drunken Driving Defense Update: Prosecutors Can Bring Many Pieces of Evidence Against a DWI Defendant

by Jonathan F. Marshall

As New Jersey residents and motorists, most of the general public knows how frequently police stops occur in this state. With a high population count and rather dense urban centers, the Garden State is home to all manner of individuals. And while the average person is more than likely a law-abiding citizen, it is interesting to note how many upstanding people find themselves on the receiving end of a traffic citation during the course of a week, month or year. As New Jersey DWI defense attorneys, my firm has helped dozens upon dozens of drivers who have been accused of operating a motor vehicle while under the influence.

Being arrested for drunken driving — or impaired operation of a motor vehicle due to prescription medication — can be a rattling experience for most people who have otherwise followed the law and maintained a clean record. Sadly, a lot of these accused drunk drivers may not have realized they were impaired, or certainly legally intoxicated by beer, wine or hard liquor. The law provides for rather harsh penalties, even for those whose DWI charge is a first-time offense.

Like any civil or criminal charge, the arresting officer should have some credible evidence for the prosecution to hold up in court as proof of the offense. As defense lawyers, our job is to discredit the source of the evidence or to call into question the accuracy of that evidence. In drunken driving cases there are a number of common pieces of evidence that may be used against an alleged drunk driver in a court of law. These can include the following:
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February 16, 2013

Caught Driving Drunk in New Jersey? Find the Right Attorney to Defend Your Rights

by Jonathan F. Marshall

Over the many years that my legal firm has been helping motorists accused of drunken driving, I and my associates have been asked more than a few times, “Why do I need a DWI lawyer when I step into a courtroom on a charge of driving while intoxicated?” The simple answer would be, “Because you owe it to yourself to be fully prepared to face the prosecution, which will do its best to prove you guilty of DWI or drug DUI.” But this is only one basic reason.

It’s not a secret that drivers in the Garden State face a tough situation when they are stopped on the highway after having a drink or two. It’s a mistake to assume that heavy drinkers and so-called “party animals” are the only people to be arrested for drunken driving by state or local police. For many, a simple drive home after dinner with friends can sometimes lead to a traffic stop, possibly for some basic moving violation, only to escalate into a full-blown DWI arrest and a trip to police headquarters.

As drunk driving defense attorneys, I and my team of experienced trial lawyers are fully up to the task of representing individuals who have been accused of operating a motor vehicle while under the influence of liquor, beer, or doctor-prescribed medication. We know how scary a drunk driving arrest can be for normally law-abiding citizens. But the truly frightening thing about being arrested is that a conviction can result in serious and expensive consequences.
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February 3, 2013

Facing a Judge Following a DWI Arrest. What New Jersey Motorists May Expect

by Jonathan F. Marshall

Most people already understand that being arrested for drunk driving here in the Garden State is hardly a walk in the park. Besides the legal issues, just the mere fact that one has been picked up for drinking and driving can cause problems professionally, as well as personally. Once all the embarrassment has passed, then there’s the worry about penalties if one is convicted of DWI or drug DUI.

As DWI defense attorneys, the legal experts at the law offices of Jonathan F. Marshall understand the pitfalls of self-representation when a drunken driving charge is looming. At the very least, it’s wise to consult with an experienced trial lawyer who knows the ins and outs of New Jersey’s DWI law. Considering the potentially expensive and long-lasting effects of a drunken driving conviction, retaining a qualified legal professional to represent you can be a good way to fight a DWI-DUI charge from the get-go.

Seriously, one should always consider the possible downside to losing a drunk driving case. Most anyone who has been accused of drunk driving knows what’s at stake. If found guilty, a defendant can be looking at a wide range of penalties — anywhere from $250 to $1,000 in monetary fines and even possible incarceration (which can range from “just” two days in jail all the way up to six months). Of course, when it comes to a DWI charge, the main factor in determining sentencing is whether or not the offense was a first-, second-, or third-time offense (for anyone who may be wondering, we have seen individuals who have exceeded three DWI offenses in their lifetime).
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January 31, 2013

Morris County Car Crash Results in Drunken Driving Charges for Newark, NJ, Driver

by Jonathan F. Marshall

First, some basics: A charge of impaired driving due to alcohol consumption here in the Garden State is based on New Jersey drunken driving laws as reflected in N.J.S. 39: 4-50. Known generally as “drunk driving,” this is referred to variously as driving under the influence (DUI) or driving while intoxicated (DWI), and involves operating a motor vehicle while impaired or intoxicated by beer, wine, hard liquor or another type of alcoholic beverage.

As New Jersey drunken driving defense attorneys, I and my legal staff have dozens of years of collective experience representing motorists accused of DWI, DUI, drug DUI and breath test refusal, among other traffic-related violations. As motor vehicle violations go, whether here in New Jersey or any number of other states across the nation, DWI is considered one of the more serious violations with which a motorist can be charged.

Here in Jersey, the fines and penalties associated with a drunken driving conviction can be quite stiff, financially, and in some cases the mere accusation of drinking and driving (much less and actual conviction) can cause serious complications to relationships within one’s social and business circles.
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September 8, 2012

Drunk Driving in the Garden State: Understanding Why Police Conduct BAC Testing

by Jonathan F. Marshall

Every now and again we are asked by clients and acquaintances alike what it is like to be arrested for drunken driving and if there are any tricks to avoiding being arrested for DWI. Quite frankly, the biggest trick — tried and true — is simply not to drink any liquor or use any drugs prior to getting behind the wheel of a motor vehicle in New Jersey. State and local law enforcement officers here in the Garden State are well known for their tenacity when performing a traffic stop that appears to be the result of drinking and driving.

This is not to say that a patrolman can just pull any motorist over on the merest suspicion that the individual has been drinking. It is a major part of our drunk driving laws that a policeman may not stop a driver simply on the assumption that the driver has consumed alcohol recently. In order for a driver to be stopped in any circumstance, the officer must witness a traffic infraction on the suspect’s part. But this can be something so minor, so inconsequential, that even failure to signal a turn or “rolling” through a stop sign without coming to a complete stop can set the stage for a police stop and a possible DWI arrest.

As New Jersey DWI-DUI defense lawyers, we can easily say that if a driver has not been drinking, then a routine traffic stop could end with a little as a warning, or perhaps the patrolman issuing a ticket for the infraction(s). But, should a driver exhibit any of the so-called typical signs of intoxication or impairment, then it could turn out to be a long day at police headquarters for that unlucky driver. This is why, and despite sounding flip, we always advise people not to have a drink if they plan to drive anywhere. Besides the statistical danger of injury, it’s just not worth the chance of being arrested and charged with driving under the influence of alcohol.
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September 6, 2012

New Jersey Driver Sentenced to Prison for Fatal Drunk Driving Auto Accident in 2011

by Jonathan F. Marshall

As human beings, none of us can truly say that we are perfect in every way. As lawyers who defend individuals in civil and criminal court, I and my colleagues have come to recognize the occasional shortcomings of many a good-intentioned person prior to being arrested for drunk driving or drug DUI. Fortunately, in our society, we have laws and courts to decide the guilt or innocence of those who have been accused of breaking the law.

Penalties that are meted out to convicted defendants in cases of operating a vehicle under the influence can be expensive, to say the least, which is why it is always a good idea to consult with an experienced legal professional before stepping foot in a courtroom. As New Jersey DWI defense attorneys, my firm has years of experience in representing motorists who have been arrested and charged with driving while intoxicated by alcohol or drugs, either prescription or illegal substances such as cocaine, meth or marijuana.

In some drunken driving cases, the defendant is not only accused of DWI or DUI, but may also be charged with vehicular assault or even manslaughter by a motor vehicle. These are serious and potentially jailable offenses. Such was the situation arising out of a car collision that took place in Gloucester County last year. According to news reports, a Deptford Twp. resident was involved in a fatal crash along a stretch of Rte 41 on March 19 of last year. At the time, police said that the man had an open beer with him when his pickup truck apparently side-swiped another vehicle on the road, precipitating a serious accident.
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September 5, 2012

New Jersey Man Guilty of Manslaughter after 2011 Drunken Driving Crash in Hudson County

by Jonathan F. Marshall

A driver who was taken into custody following a deadly car accident in Kearny, NJ, back in 2011 reportedly pled guilty to charges of aggravated vehicular manslaughter combined with drunk driving in a Hudson County courtroom not long ago. As New Jersey DWI defense lawyers, we know that individuals accused of DWI or drug DUI can feel relatively helpless when facing serious drunken driving charges or accusations of operating a motor vehicle while under the influence of alcohol, prescription medications or even illicit substances, such as marijuana.

Here in the Garden State, it wouldn’t be a stretch to say that motorists who find themselves arrested or on the receiving end of a DWI or DUI summons may be up against potentially stiff penalties if they are convicted of driving while intoxicated. From Bergen and Sussex counties to Ocean and Atlantic, New Jersey state and local police officers are always on the alert for drunken drivers. And while being arrested for DWI-DUI following a routine traffic stop may seem like the end of the world, one must never assume that he or she is in tough spot.

Consider the case ended this past July, when a 22-year-old resident of Manalapan, NJ, pled guilty in front of a Superior Court judge in a Jersey City courtroom. According to news reports, Ayman Khawaja admitted guilt to aggravated manslaughter, as well as DWI, in relation to the April 10, 2011, death of a 24-year-old Passaic County man. The three-vehicle accident that killed Luis Suarez took place along a stretch of the New Jersey Turnpike on a late spring evening.
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September 2, 2012

New Jersey Woman’s Body Jewelry Interferes with Morris County Drunken Driving Case

by Jonathan F. Marshall

It’s not every day that one can say that a piece of clothing or jewelry helped them get out of a tight legal spot, but that was the gist of a case against a New Jersey woman, who is now able to say her tongue stud helped her out in a Morris County courtroom earlier this year. As New Jersey drunk driving defense attorneys, I and my colleagues are dedicated to helping those Garden State motorists who have been accused of DWI, drug DUI, breath test refusal and other drunken driving-related offenses.

In the aforementioned case, the motorist’s DWI lawyer was able to use the law to his client’s advantage and reduce the potential penalties she was facing if convicted of the initial charge of driving while intoxicated. Although this may not be cause for drivers to get their own body modifications, it certainly points up the importance of having a qualified DWI defense lawyer at one’s side; surely it is an example of why it’s always a good idea to consult with a legal professional prior to walking into a courtroom to defend oneself against a DWI or drug DUI charge.

According to news articles, 29-year-old Kara Nelson was stopped by police along a stretch of Rte 46 for an apparent routine traffic offense earlier this year. Police reports indicated that Nelson was pulled over around 2am on January 14. During the traffic stop the patrolman in charge, Officer P. Ottavinia, must have noticed signs of intoxication and requested Nelson to perform a number of standardized field sobriety tests, which apparently indicated that the driver was impaired to some degree.
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August 31, 2012

Could Science Make It Easier to Drive Drunk? Or Sober Up Prior to a DWI Arrest?

by Jonathan F. Marshall

From our standpoint, as New Jersey DWI lawyers representing numerous motorists every month who have been accused of driving under the influence, we understand how drivers can find themselves very quickly under suspicion of operating a motor vehicle while impaired by alcohol or drugs. Whether one is charged with driving while intoxicated by wine, beer or other alcoholic beverages, or if the police believe that a motorist was driving while impaired by doctor-prescribed medications, the penalties if convicted can be quite harsh as well as costly.

In addition to stiff fines and numerous other costs, a driver’s car insurance premiums are certain to rise with every DWI conviction that a driver may receive. The fact is, being charged and then found guilty of drunken driving (or drug DUI) is no laughing matter. It will hurt your pocket book as well as your reputation with family, friends, colleagues and current or potential employers. Avoiding a DWI conviction is always preferable to the consequences; but avoiding an arrest would naturally help keep a person out of police custody as well as the courtroom.

A news article published earlier this year raises interesting questions about the future of drunken driving and the ways to avoid the potential downside of being arrested, charge and convicted of DWI. According to the published report, there is a substance, in spray form, that can reportedly make one instantly drunk. How can this help avoid a DWI summons? The product, according to the manufacturer, can also cancel out intoxication and make a person instantly sober. Science fiction? Maybe, but it is thought-provoking.
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