Breath Test Results

August 21, 2012

Penalties Associated with a DWI Conviction are Significant and Costly for Many New Jersey Drivers

Look at the headlines any day of the week and one can see the volume and frequency of drunken driving arrests here in the Garden State. Is it just us, or do we just have bad luck when it comes to being charged with driving under the influence? Probably a little of both, but one thing is for certain, in a state as densely populated as New Jersey, there is bound to be a large number of any legal offense, civil or criminal. As New Jersey DWI defense attorneys, we fully understand how almost any driver can become a statistic of law enforcement.

This is not to say that we condone drunk driving, but we do know that law of averages suggests a certain percentage of motorists accused of drinking and driving are not going to be convicted, whatever the reason. For those who may think it’s worth the gamble, we would be inclined to dissuade those individuals of any notion that they can drink any alcoholic beverage and get away with it. Too many people have seemed to make a career of being arrested for DWI or drug DUI, and the results are not usually good.

For one, the penalties for repeat offenders can certainly add up. And this doesn’t include the car insurance premium increases mandated by law for first- second- and multiple-time offenders who are convicted of operating a motor vehicle while intoxicated by liquor or prescription drugs. Never mind the associated penalties and related costs for individuals who are arrested, charged and convicted of impaired driving by a controlled dangerous substance (CDS), such as meth, cocaine, marijuana and other illegal drugs.
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July 5, 2012

DWI Police Blotter: Union County Patrolmen Arrest Drivers for DWI and Marijuana Possession

by Jonathan F. Marshall

Whatever the situation; be it a routine traffic stop that results in a DWI arrest, a drunken driving summons received at a sobriety checkpoint, or a breath test refusal charge following a drunk driving stop in the city, there is no reason whatsoever for not consulting a qualified New Jersey DWI defense attorney. The fact is, the state has law enforcement to arrest motorists and prosecutors to prove guilt. At the very least, drivers who are accused of driving under the influence of alcohol or prescription drugs should take advantage of the experience of a DWI lawyer who knows the law.

Here in the Garden State, I and my staff of knowledgeable attorneys understand how a conviction for operating a motor vehicle while intoxicated can affect a person’s life going forward. Not only are there stiff monetary penalties, but also jail time for some offenders, as well as other consequences such as loss of driving privileges. The following items pulled from local news briefs show the many and varied situations that can lead to a DWI arrest.

Cranford Police Arrests
Officers pulled a Cadillac over along a stretch of South Ave. near Meeker following an illegal passing maneuver. During the roadside traffic stop, patrolmen apparently found evidence of weed on the driver’s person. The 21-year-old Orange County resident was arrested and charged with possession of marijuana (less than 50g) as well as possession CDS (controlled dangerous substance) paraphernalia and improper passing. The suspect was subsequently released pending an appearance in municipal court.
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May 25, 2012

Is 0.08 Percent BAC THE “Magic Number”? Some New Jersey Motorists Have Been Arrested for Less

by Jonathan F. Marshall

We’ve echoed this bit of information numerous times in this venue, but we’ll say it again; it makes little difference whether a driver is arrested or charged with driving under the influence of alcohol in Bergen, Passaic, Hudson or Ocean County, consequences of a DWI or drug DUI conviction are the same anywhere in New Jersey. In fact, here in the Garden State, an arrest (much less a conviction) for drunk driving can have a seriously negative impact on come individual’s personal and professional relationships.

Having said this, it is certainly important to remind everyone that being arrested and charged with DWI or drug DUI is different from being convicted of same. As New Jersey drunken driving defense lawyers, I and my staff of experienced DWI attorneys make it our job to represent those people who have been accused of driving while intoxicated or impaired by prescription medication and even illicit drugs like cocaine and marijuana.

DWI Monetary penalties aside, few people if any welcome a DWI or drug DUI conviction on their record. Given the choice, most people will fight a drunken driving charge; however, there are those who feel it is hardly a difficult task to defend themselves in court. But it is important to add that those who do choose to go it alone take a chance without proper representation.
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April 13, 2012

Stopped for Drunken Driving? Certain Physical Factors can Affect a Driver’s Blood-alcohol Content (BAC) Reading

by Jonathan F. Marshall

It’s no surprise that drivers in the Garden State face stiff and relatively inflexible drunk driving laws. And while saying that our state’s anti-DWI statutes are rigid, it’s a fair bet that the State Police and local law enforcement officers who uphold those laws are equally as unwavering in carrying out their duties when it comes to motorists who allegedly drive under the influence of beer, wine or hard liquor.

Naturally, nobody actually wants to be arrested for DWI or drug DUI, but the fact remains that it does happen and one should be ready for that day, if it comes, by understanding the science surrounding a drunken driving arrest.

Following a traffic stop, if the driver seems even slightly impaired, a patrolman may decide that the motorist has a high likelihood of being drunk behind the wheel. After confirming his or her suspicions, usually through as well as with a battery of standardized field sobriety tests, the officer may take the suspect into custody. Once at police headquarters, the driver will likely be asked to submit to a breathalyzer test.
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April 3, 2012

Monmouth County DWI News: Jersey Driver Faces Felony Charges after Out-of-State Drunk Driving Arrest

by Jonathan F. Marshall

You can be sure that state and local police here in the Garden State have next to no tolerance for drunken driving on public roads; and neither does our court system. Besides the potentially embarrassing and career-changing arrest for driving while intoxicated, there is also the probability of being convicted of DWI, which itself has penalties that make this a traffic offense worth avoiding if at all possible.

Another thing that police and others in the judicial system find abhorrent is drivers who drive under the influence of alcohol while a child is riding in the same vehicle. Aside from actually causing an accident while legally intoxicated, having a minor along for the ride is probably up there on the list of things not to do.

While a drunk driving arrest or conviction may ruin a career or set one back in the running for a higher position at work, driving drunk with one’s child, a friend’s kid or some neighbors’ children can result in a parent being ostracized by an entire community. Depending on how forgiving one’s spouse is, a marriage could easily be at stake as well.
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March 24, 2012

New Jersey Trucker Arrested, Charged with DUI; BAC 8-times Over CDL Legal Limit

by Jonathan F. Marshall

If anyone had a question that a single drunken driving conviction could affect an individual’s future is a major way, just ask any former commercial truck driver who has been found guilty of drinking and driving. When we say this, we don’t just mean DWI while on duty, but on personal time as well. As New Jersey drunk driving defense lawyers, we understand how an arrest for driving under the influence can start a chain of potentially life-changing events for almost anyone.

We are reminded every so often of the complications that a DWI or drug DUI arrest and conviction can present to a professional driver. Whether one operates a delivery truck, a limousine, city bus or taxi cab, being caught on duty or off while impaired due to alcohol, doctor-prescribed medication or illicit drugs, like cocaine or meth, can put the brakes on a career pretty quick.

For this reason alone — and not even thinking about the harsh monetary penalties and fines — it is highly recommended that anyone holding a commercial driver’s license immediately consul with an experienced DWI defense attorney before stepping foot into a courtroom.
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March 22, 2012

NJ Drunk Driving Update: Before a DWI Conviction, Prosecutors Must Prove Guilt — Part 2

by Jonathan F. Marshall

As we’ve previously discussed in this forum, being caught for driving drunk is a serious situation that can lead to harsh penalties and fines, not to mention potential jail time and long-term driver’s license suspension. While most motorists in the Garden State know that a DWI arrest, much less a conviction, can be fraught with troubles for the individual accused of driving while intoxicated.

I and my colleagues, as New Jersey DWI defense lawyers, know that the loss of driving privileges can, by itself, be a serious burden. Not just on an individual, but also on his or her family and friends. Of course, it’s easy to understand that someone who hasn’t been through an ordeal like a drunken driving arrest and trial might not appreciate the extensive downside to the entire experience.

Once a driver is arrested, charged and processed into the system, a pre-trial hearing date is usually set, during which the defendant will either plead guilty or not guilty. If one employs a qualified DWI attorney, then typically the pre-trial can be waved since the defendant’s lawyer will enter a plea of not guilty on the behalf of his or her client. After that, assuming a not guilty plea is entered, a new date is set for the actual drunk driving or drug DUI trial.
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March 1, 2012

Toms River Legal Defense Update: High Breathalyzer Reading Not Always Precursor to NJ Drunk Driving Conviction

by Jonathan F. Marshall

For argument’s sake, let’s posit that a Garden State motorist, who gets stopped for a routine traffic offense, ends up being charged with drunken driving in Ocean County. After stopping the driver for some simple infraction, such as failure to signal or improper turn, the officer might begin to suspect that the driver has possibly had something to drink and is possibly impaired by beer or wine, maybe even prescription drugs (also known as drug DUI).

In any case, the patrolman may request the motorist to perform one or more of the standardized field sobriety tests established by the National Highway Safety Administration (NHTSA). If the suspect fails one or more of these tests, there’s a pretty good chance that his or her next stop is the local police headquarters for a breathalyzer test.

As New Jersey drunken driving defense attorneys, I and my staff know that being convicted for even a first-time DWI offense can impact a person’s life, financially, personally and sometimes even professionally. Jobs have been lost, relationships ruined and reputations have been sullied as a result of an arrest for driving while intoxicated, much less for an actual conviction — if for only these reasons, is it a good idea to consult with a qualified drunk driving defense lawyer before stepping foot into a courtroom.
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February 22, 2012

Middlesex Legal Defense Update: Cigarette Smoking Might Skew Jersey Breathalyzer Results for DWI Arrestees

by Jonathan F. Marshall

Accused drunk drivers in Bergen, Union, Monmouth and Sussex County may be surprised to hear that the breath testing devices used by state and local police agencies can be affected by the chemicals known to be present in cigarette smoke. Understanding this technical issue can sometimes help a DWI defendant to better prepare for his defense against a charge of driving while intoxicated in the Garden State.

As New Jersey drunken driving defense lawyers, I and my staff have a deep understanding of the operational and maintenance aspects of breath testing machines — such as the Alcotest device — and how this equipment might record falsely high blood-alcohol content (BAC) reading that in no way represents a driver’s actual state impairment or sobriety.

As DWI defense attorneys, my firm has represented numerous motorists who were accused of driving under the influence of alcohol, yet were in reality not legally drunk at the time. Many times the state’s primary evidence comes directly from the breathalyzer machine.
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February 1, 2012

Red Bank, NJ, DWI Defense Update: High Breathalyzer Reading Not Always Precursor to Drunk Driving Conviction

by Jonathan F. Marshall

For argument’s sake, let’s posit that a Garden State motorist, who gets stopped for a routine traffic offense, ends up being charged with drunken driving in Monmouth County. After stopping the driver for some simple infraction, such as failure to signal or improper turn, the officer might begin to suspect that the driver has possibly had something to drink and is possibly impaired by beer or wine, maybe even prescription drugs (also known as drug DUI).

In any case, the patrolman may request the motorist to perform one or more of the standardized field sobriety tests established by the National Highway Safety Administration (NHTSA). If the suspect fails one or more of these tests, there’s a pretty good chance that his or her next stop is the local police headquarters for a breathalyzer test.

As New Jersey drunken driving defense attorneys, I and my staff know that being convicted for even a first-time DWI offense can impact a person’s life, financially, personally and sometimes even professionally. Jobs, relationships and reputations have been sullied as a result of an arrest for driving while intoxicated, much less for an actual conviction — if for only these reasons, it is a good idea to consult with a qualified drunk driving defense lawyer before stepping foot into a courtroom.