Drug DWI

August 11, 2014

Consider the Worst-Case Scenario when Facing DWI or drug DUI Charges in New Jersey

Of course, everyone knows that a drunken driving conviction can have a substantial impact on one’s wallet or pocketbook; that’s a given, right? Well, some people know that there can be thousands of dollars hanging in the balance before the final verdict is handed down in municipal court, but that’s not the subject of today’s discussion. Right now, we are talking about the perilous effects that a DWI or drug DUI charge can have on a person’s job, livelihood and even long-term career prospects.

You see, as Garden State DWI-DUI defense attorneys, my colleagues and I know that there are a large number of more obvious consequences following a drunk driving or drug DUI conviction. These can and many times do include community service, license suspension, very stiff fines, and jail time. But these immediate and rather palpable consequences aside, most individuals fail to consider the truly devastating effect that a drunken driving or drug DUI conviction can have on one’s life and future happiness. Many people are simply not aware that they can end up with severe and long-lasting problems involving their job and career — not just now, but in the weeks, months and years following a DWI-DUI conviction.

As drunken driving defense experts, we understand why many normally law-biding citizens end up suffering much more serious personal and professional complications after being convicted of a drug DUI or DWI offense. Many first encounter the collateral effects of a conviction when they find that their job may be at stake for what seemed like an innocent lapse in judgment. Keep in mind that actions often do have consequences and, these days, drinking and driving can often trigger serious repercussions at work.
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August 7, 2014

Authorities Focus on Possible Drug Use by Essex County Tour Bus Driver following NYC Crash

by Jonathan F. Marshall

As Garden State drunk driving attorneys, we understand how even a single DWI or drug DUI conviction can have a ripple effect through a person’s personal and professional life. And while drinking and driving may cause serious consequences for the average commuter, not the least of which is the complication of getting around without the use of a car for months on end, the story can be much worse for a professional driver where the loss of driving privileges can severely affect his or her ability to earn a living.

As experienced New Jersey DWI defense lawyers, my legal team is well aware of the thousands of dollars that can be on the line when a motorist is facing a conviction for intoxicated driving, but as we mentioned previously, a professional truck or bus driver who loses his or her commercial driver’s license (or CDL) may be looking at a dim future, certainly in the short run. For individuals like the Essex County man who is currently under investigation for his part in the crash of two double-decker tour buses in Manhattan recently, the threat of losing one’s CDL, and hence one’s livelihood, can be nothing short of catastrophic.

According to the news articles that are popping up on the internet following the much publicized bus collision in Times Square this past Tuesday, the New Jersey man who was piloting one of the vehicles may have been high on some kind of controlled dangerous substance (CDS) at the time of the wreck. Based on reports, while there was no evidence that the bus driver had consumed alcohol prior to the collision, police did take the man into custody after he allegedly failed a field sobriety test at the scene.
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August 2, 2014

Statewide, New Jersey Police Departments Continue Tradition of Strict DWI and Drug DUI Enforcement

by Jonathan F. Marshall

Few people would argue that drunk driving does not present a variety of public safety concerns. But this doesn’t change the oft-repeated scenario of some innocent motorist being arrested for DWI or drug DUI without sufficient evidence. For those individuals who are charged with drunken or drug-impaired operation of a motor vehicle, even with poor or improperly collected evidence there is still a chance that the court may issue a guilty verdict — all the more reason, in fact, to consult with a qualified New Jersey DWI-DUI defense lawyer attorney before stepping foot into a courtroom or talking with the local prosecuting attorney.

In reality, there are some motorists who do get arrested and subsequently charged with DWI or drug DUI when the facts do not necessarily support the accusations. As Garden State drunken driving defense lawyers, my law firm is dedicated to assisting individuals who believe that they have been unjustly accused of operating a motor vehicle while under the influence of alcohol. Our job, in such cases, is to provide the best possible legal defense.

There is no doubt that those convicted of drunken driving can face stiff monetary fines and other penalties, including jail time, but DWI-DUI offenses are much less acceptable by society in general, the stigma of a drunk driving conviction can have a serious impact on a person’s private life and professional career. In addition to affecting one’s future employment, a DWI or drug DUI can have a negative effect on an individual’s standing in his or her community, as well as causing potential problems with family members, including one’s spouse or in-laws.
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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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July 28, 2014

Prohibition Redux: Marijuana Getting the “Alcoholic” Treatment

by Jonathan F. Marshall

As civil and criminal trial lawyers here in the Garden State, a large portion of our caseload is represented by client’s who have been accused of drinking and driving. Operating a motor vehicle while under the influence of alcohol is a long-standing public safety problem here in New Jersey, which is why a great deal of time and effort is spent by state government, police agencies and our judicial system in the curbing of this admittedly dangerous activity.

Similarly, drug DUI is also viewed as a safety issue on public roadways, and so our state laws include penalties for driving under the influence of hallucinogenic, habit-forming and narcotic substances, typically grouped into what is known as controlled dangerous substances, or CDSs. Marijuana — also referred to as pot, weed, hash or cannabis — is on the prohibited CDS list.

Although New Jersey, the federal government, and most other states still view marijuana as an illicit drug when it comes to recreational use, more and more people are leaning toward the legalization of pot, even beyond the legalized “medicinal” applications that even our state has adopted. Look at the public attitude toward pot in places like Colorado and you will see there is a huge revolution in the making.
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July 25, 2014

Arrested in New Jersey for Drug DUI: Could One’s Fate Hinge on a DRE’s Testimony?

by Jonathan F. Marshall

Every day, dozens of drivers all around the Garden State find themselves in the unenviable position of being arrested and later charged with impaired driving. While the safety of our roadways is everyone’s concern, as Monmouth County trial lawyers working in the area of DWI and drug DUI law, we understand how innocent individuals can occasionally be accused of offenses they believe they did not commit. One type of traffic-related offense that happens quite often in our state is that of impaired driving resulting from the use or abuse of a controlled dangerous substance (CDS).

Under New Jersey law (N.J.S.A. 39:4-50[a]), motorists can be arrested for operating a car, truck or motorcycle if a police officer believes that the individual is under the influence of a hallucinogenic, narcotic, or habit-producing substance. Unlike drunken driving, which can be quantified by measuring an individual’s blood-alcohol concentration (or BAC), a charge of drug DUI should usually be supported by the opinion of an expert in the field of drugs and medicines that have the ability to cause impairment.

While the requirements affecting a drug DUI arrest have been somewhat relaxed while the topic is being argued on appeal in the New Jersey court system, the issue of who can and should determine a driver’s impairment is all the more important to those facing charges of driving under the influence of an illegal substance, or even a doctor-prescribed medication.
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July 7, 2014

Garden State Drunk Driving Update: What to Expect During a DWI-related Traffic Stop

by Jonathan F. Marshall

Being arrested for intoxicated driving, especially if one is a law-abiding citizen, is nothing if not a traumatic and worrisome event. Motorists who are pulled over for traffic infractions generally are nervous to begin with, but if the driver knows that he consumed even a little alcohol previous to the police stop, that person’s anxiety level may be quite obvious to the patrolman in charge. As New Jersey trial lawyers and experts in the field of drunk driving defense, my legal staff is sympathetic to our clients’ situations, especially in cases where they believe they have done nothing wrong.

While it is often difficult to plan for an unforeseeable event, such as a DWI or drug DUI arrest, it is nevertheless a good idea to review some steps to take when such an occurrence does take place. Since most drunken driving arrests begin with a police stop for what is often a simple traffic infraction, it is wise to understand one’s rights under such circumstances.

When looking at what to do prior to and during a routine traffic stop, it is important to remain calm and react in a safe and predictable manner. This can begin the very first moment when a motorist notices that police cruiser following his or her car. Most drivers will likely see a patrol car in their rearview mirror just a short time before the officer switches on his emergency lights. In such instances, it is critical to act in a rational and intelligent fashion in order to demonstrate to the officer your ability to make intelligent and safe driving decisions from the onset.
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July 4, 2014

Somerset County Anti-DWI Police Activities in Full-force this July Fourth Weekend

by Jonathan F. Marshall

Operating a motor vehicle while intoxicated in the Garden State is dangerous for everybody, but it could be that much more risky — at least from a legal standpoint — due to the fact that drunk driving enforcement is a priority for the July Fourth holiday already in progress. Whether one travels though counties such as Sussex, Union, Mercer or Atlantic, or any other part of New Jersey, our highways, interstates, parkways and surface streets are currently experiencing greater than normal vehicular traffic; similarly, police DWI-DUI patrols are also increased for this long holiday weekend.

As New Jersey DWI and drug DUI defense attorneys, my colleagues and I fully understand the serious nature of any drunk driving or drug-related DUI arrest. Not even considering the possibility of a conviction for drunk or drugged driving, simply the stigma of being charged with driving under the influence can cause strife in a marriage, alienate one from friends and relatives, and even affect a person’s standing at work or in the community.

As experienced DWI lawyers, my legal team is ready, willing and able to fight for the rights of individuals who have been accused of impaired driving. We do so, not only because we believe in the law and our American legal system, but also because some arrests are faulty and can be proved so. During this time of the year, especially, drunken driving offenses are logged all across the Garden State. Much of the activity during weekends like the Fourth of July can be attributed to anti-DWI campaigns, which can include an increase in the frequency of roadside sobriety checkpoints as well as high-saturation DWI-DUI police patrols.
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July 1, 2014

Accused of Drugged Driving in New Jersey? It’s just as Serious as a DWI Offense

by Jonathan F. Marshall

Although being charged with drinking while intoxicated by alcohol is a very serious traffic offense, there are other activities that can get Garden State motorists in hot water rather quickly as well. The term impaired driving is often used as a catch-all for any number of offenses, such as DWI and DUI, but with the advent of cell phones, smartphones and even iPads and other portable tablets, being distracted while driving may soon be just another version of being impaired.

When it comes to the more traditional forms of impaired driving, the drug-related kind (or drug DUI) combines not only the charge of being impaired behind the wheel, but also the use and/or possession of a controlled dangerous substance (CDS). Overall, it goes without saying that driving under the influence of drugs is at least on a par with DWI in the eyes of traffic enforcement officers.

By law, specifically N.J.S.A. 39:4-50(a), any individual can be arrested for operating a motor vehicle while impaired by a hallucinogenic, narcotic or habit producing drug. Proof of impairment or intoxication due to CDS use is generally provided in the form of an expert opinion, however this requirement is currently relaxed during the ongoing appeals process in our state’s judicial system.
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March 2, 2014

Drunk Driving News: Daughter of Late Sen. Robert F. Kennedy Acquitted of Drug DUI Charges

by Jonathan F. Marshall

Being arrested and charged with drunken driving or drug-impaired vehicle operation are serious events, neither of which anyone would want to experience. But as serious as these kinds of charges may be, it is important to understand that being charged with such an offense is worlds away from being convicted of same. As experienced DWI and drug DUI defense attorneys, my law firm is dedicated to helping those individuals who believe they were unjustly accused of driving under the influence.

With a century of collective trial law experience, my colleagues and I understand how common it is to see drivers stopped for a simple traffic offense only to find themselves in the back of a squad car and on the way to formal booking on charges of DWI, drug-impaired driving or any of the other alcohol and drug-related offenses enumerated in New Jersey’s legal statutes. The fact is, being charged with an offense is only the first step in a process that can end very differently.

Just a couple days ago, over in the Empire State, jurors deliberated for just over an hour before finding that Kerry Kennedy not guilty of drug DUI charges that were levied against the daughter of the late U.S. senator, Robert F. Kennedy. The case received national attention due in large part to Ms. Kennedy’s family name, but it also shined a light on the pitfalls of the use of prescription drugs and their effects on motorists all across the country.
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