Drug DWI

May 12, 2011

New Jersey Drunk Driving News: 2 People Seriously injured in Monmouth County DWI Traffic Accident

Even in the best of situations, a routine traffic stop can lead to a charge of drunken driving. Here in the Garden State, local police departments and the State Police maintain drunk driving patrols along public roadways in Union, Atlantic, Ocean and Bergen County. It’s not uncommon for a motorist to be stopped for a minor traffic violation and then to be arrested for driving under the influence of alcohol, prescription pills (drug DUI), or illicit drugs.

As New Jersey drunk driving defense lawyers, my firm has represented many drivers accused of intoxicated driving, operating a motor vehicle while impaired by a controlled dangerous substance (CDS), and breath test refusal. While our courts take a dim view of individuals who get behind the wheel when legally drunk, they certainly take notice of those drivers who cause a traffic accident while under the influence of beer, wine, hard liquor and even marijuana.

It’s best to remember that being involved in an injury accident while potentially drunk will not win you any points with a judge. Not long ago there was a report of a traffic accident that sent two people to the hospital and resulted in one of the drivers being cited for DWI. According to the news, four individuals were hurt during the crash that occurred along a stretch of Rte 9 near Taylors Mill Rd.

April 30, 2011

New Jersey Legal Defense News: Bridgeton and Holmdel Police Report DWI, DUI, Marijuana possession Arrests

by Jonathan F. Marshall

As New Jersey drunken driving defense attorneys my firm understands how dozens of drivers every week end up being arrested for driving under the influence of alcohol, controlled dangerous substances (CDS), and even prescription medications (drug DUI). It makes little difference where you live, be it Bergen, Morris, Atlantic or Middlesex County, the police are constantly on the lookout for potentially drunken drivers.

Over the years, driving while intoxicated (DWI) has become a serious offense in the Garden State, not to mention all across the U.S. Law enforcement agencies and the court system takes a dim view of motorists who get behind the wheel of a motor vehicle while under the influence of beer, wine and hard liquor. Of course, the state’s strict enforcement of and penalties for drunken driving does not alter the fact that anyone arrested and charged with a DWI or DUI is considered innocent until proven guilty.

As a former municipal prosecutor, I am well aware of the procedures and strategies used by the state to gain a drunk driving conviction. The following news items are a sampling of typical DWI and DUI arrests that can lead up to possible convictions for impaired driving and breath test refusal, among others.

Bridgeton
In a possible case of marijuana possession in a motor vehicle, a 26-year-old local resident was allegedly sitting in a vehicle in front of his home when police officers approached the car. According to police reports, the suspect then got out of the vehicle, at which time the patrolmen observed a bag of what they suspected was marijuana hanging from his pocket. After searching the man’s person, officers found additional marijuana on the suspect totally just over 30 grams. The man was arrested and charged him with possession of less than 50 grams of marijuana and possession of drug paraphernalia. He was placed in Cumberland County Jail in lieu of bail.

In another incident, a 41-year-old Bridgeton woman was involved in a traffic accident near the intersection of Burlington Ave. and E. Commerce St. According to police reports, the woman apparently left the scene of the crash on foot, but was apprehended a short while later. Officers apparently detected evidence of alcohol on the suspect’s person and she was arrested and charged with DWI. No injuries occurred as a result of the crash and the woman was released on her own recognizance.
Continue reading

April 15, 2011

New Jersey Drunk Driving Defense News: Sussex County Woman Guilty in Fatal Drug DUI Accident

by Jonathan F. Marshall

It’s a fair bet that most people don’t wake up in the morning thinking, “I’m going to have a drunk driving accident.” But time and time again, residents of the Garden State do wake up and sometime later that day they get behind the wheel of an automobile in a possibly intoxicated state. Some will be stopped by police and be issued a summons for driving under the influence of alcohol. Others may be arrested for driving while impaired because they didn’t realize their prescription medication caused drowsiness and loss of concentration.

The point we make here, as New Jersey DWI defense lawyers, is that there are numerous ways in which a person can be cited for drunken driving. Whether you live in Essex, Bergen or Ocean County, a charge of driving while intoxicated or operating a motor vehicle under the influence of prescription or illicit drugs (drug DWI or DUI) can complicate a person’s life down the road. Being charged with DWI and vehicular homicide following a fatal drunk driving crash is certainly the most serious.

But deadly drunken driving collisions do occur, and they can happen to almost anyone. Not long ago, a woman from Sussex County, NJ, was found guilty in the drug-DUI related traffic death of a 16-year-old West Milford boy back in 2008. According to news reports, the 39-year-old defendant, Julie Michaels, was found guilty on several charges that came out of that fatal crash.

Following a two-month long trial, it took the jury a couple days of deliberations to arrive at a verdict for Michaels, who was found guilty of vehicular homicide, assault by auto and four less serious charges. The woman will have to wait until May 13 for sentencing. The jury believed that Michaels had caused the fatal accident that killed Dylan Vecchiarelli, a passenger in the vehicle Michaels struck on March 3, 2008.

Based on court records, the defendant had crossed the centerline along a stretch of Rte 23 in Hardyston, her Jeep then hit head-on a Mitsubishi sedan driven by Danilo Diaz. Diaz survived the crash, but Vecchiarelli received numerous internal injuries and died at Morristown Memorial Hospital about a month later.
Continue reading

March 20, 2011

NJ Drunken Driving Update: Understanding the DWI Arrest Process in New Jersey (Part 2)

by Jonathan F. Marshall

Knowing how police departments and the judicial system handle drunken drivers is one large step in preparing for a future DWI arrest. This is not to say that learning about the steps of a drunken driving arrest and possible conviction indicates a person’s propensity to drive under the influence of alcohol. While no one expects or even welcomes being charged with DWI or drug DUI, most people are fairly unprepared when it does happen to them.

As a New Jersey DWI defense attorney and a former municipal prosecutor, I understand the law and its inner workings. Below we have included some additional information that go along with a previous blog entry. Our intent here is to perhaps help some drivers to be more prepared if and when they are stopped by a state trooper or local police officer and charged with DWI or even a drug-related DWI offense, such as marijuana possession in a vehicle.

Following a traffic stop, or at a sobriety checkpoint, if a police officer suspects a driver may be operating a motor vehicle while impaired by alcohol or prescription medication, he may use several methods to determine if that person is inebriated. One way for an office to decide if a suspect should be taken to police headquarters for a breath test is the use of one of several standardized field sobriety tests.

As one of the many tools of law enforcement, field sobriety tests can be used as evidence to prove that a driver was under the influence at the time of the arrest. They typically involve three separate tests:

1) The one leg stand test 2) The horizontal gaze nystagmus 3) The walk-and-turn test
The second of these three may be familiar to most people who have watched movies or TV shows where an officer asks the subject to follow a light or a finger with his or her eyes from one side to the other.

While administering these tests, an officer will likely be observing the suspect’s actions and making note of almost every thing the person says of does, all of which will likely be used in court as evidence to gain a drunken driving or drug DUI conviction. A patrolman may even watch how driver exits her vehicle and record that for use in court by the prosecuting attorney.
Continue reading

March 9, 2011

NJ Drug DUI Defense Update: Understanding the Difference between Drug DUI and DWI Charges

by Jonathan F. Marshall

I’ve said it here before, and most people understand that DWI arrests can occur almost anywhere, and almost any time. No matter where you live in the Garden State, be it Morris, Hudson, Mercer or Atlantic County, state police troopers and other local law enforcement officers have but little tolerance when it comes to drunken driving on the part of area residents, not to mention out-of-state drivers.

This lack of tolerance covers a range of offenses such as alcohol-related DWI and drug-related DUI, the latter of which includes prescription drugs and marijuana, not to mention seriously illegal drugs like cocaine and heroine. This last group comes under the heading of controlled dangerous substances, better known as CDS.

Being a New Jersey DWI defense lawyer, I offer a vast amount of experience in the defense of motorists accused of operating a motor vehicle while intoxicated by beer, wine or other alcoholic beverages or impaired due to the affects of CDS-type drugs. It commonly accepted that police routinely will charge a driver with drunken driving when he or she is suspected of driving under the influence of drugs (DUID). These drugs can include but are not limited to narcotic, hallucinogenic and/or habit-forming substances.

To understand the process of charging a driver with drug DUI, it is also important to know that New Jersey law prohibits operating a motor vehicle by a person who is impaired by marijuana, cocaine, or other narcotics. This group also includes prescription medication such as morphine. For legal purposes, the standard of proof used to establish a narcotic-based DWI charge was established about five years ago in State v. Bealor. Moreover, State v. DiCarlo defines the term “narcotic” for the specific purpose of establishing a basis for driving while intoxicated charges here in the Garden State.
Continue reading

March 3, 2011

NJ Drunk Driving Defense News: Marijuana DUI Arrests Likely to Rise as Police Crack Down

by Jonathan F. Marshall

If you thought drunken driving was only for motorists caught while operating under the influence of beer, wine or hard liquor, you may want to take a step back and consider the growing number of headlines talking about drug DUI. Being arrested for driving while intoxicated used to mean an alcohol-related DWI, but with the increasing use of prescription medications and illegal drugs, such as cocaine and marijuana, police nationwide are seeing more and more drug-related DUIs than ever before.

As a New Jersey DWI defense lawyer, I and my staff understand the finer points of the law pertaining to drunk driving, breath test refusal and underage drinking offenses. Whether you live in Ocean, Monmouth or Middlesex County, there is always a possibility that you or a family member could be pulled over for drunk driving. And while alcohol used to be known as the drug of choice, weed or cannabis has apparently been waiting in the wings to make its debut.

According to a news story not long ago, courts and law enforcement agencies around the country are cracking down on drivers who allegedly operate their cars and truck under the influence of marijuana. In what it calls a growing problem, marijuana DUI may become as large a problem for police departments across the nation as alcohol-related drunken driving once was.

In fact, a study by the National Highway Traffic Safety Administration (NHTSA) earlier this year indicates the number of pot-related traffic accidents has been increasing annually since 2005.
Continue reading

February 28, 2011

New Jersey Marijuana Defense: Did Police Find Weed in Your Car? Better Contact an Experienced Attorney

by Jonathan F. Marshall

With more and more states voting to allow medical marijuana sales in cities and towns across the country, the opportunity for DWI and drug DUI arrests involving the possession of weed (or cannabis) has become much more real. Because of the increasing use of hash as a medicinal drug, the lines are getting blurred between what is and what isn’t legal. Pot, as many will point out, is still illegal without a doctor’s prescription in states that allow it, but even in those that do, local laws may leave legitimate users feeling vulnerable.

It’s no secret that regardless of whether or not a state has passed medicinal marijuana laws, law enforcement agencies will still be pulling motorists over who may possibly be impaired due to driving while under the influence of a controlled dangerous substance (CDS) such as marijuana or cocaine.

Regardless of whether a driver is impaired due to smoking pot (drug DUI), or because of alcohol consumption (DWI), or just falling asleep behind the wheel, a police officer will still be looking for those telltale signs of possibly erratic driving. Using a simple traffic or defective equipment offense as a justification for the traffic stop, a patrolman may then notice that the driver is exhibiting impaired behaviors.

Marijuana is one of the more common drugs in use around the Garden State and as such arrests for marijuana possession in a motor vehicle are relatively common occurrences. Possession in a vehicle is a chargeable offense that usually requires the services of a qualified New Jersey drunk driving or DUI defense lawyer.

The questions that anyone charged with marijuana possession in a vehicle should ask themselves include the following:

Did the patrolman have probable cause prior to stopping me?
Did the officer conduct a proper search of my car (or my person)?
Can a municipal prosecutor actually prove possession or control of the marijuana discovered by the police?
Did the police maintain a proper “chain of custody” and testing of the alleged marijuana?

February 11, 2011

NJ Drunk Driving Update: Multiple Drunk Driving Convictions? Consult with an Experienced DWI Defense Attorney

by Jonathan F. Marshall

The old adage, “Where there’s one, there’s two,” can apply to many aspects of life. For motorists convicted of a first DWI offense, there is unfortunately the distinct possibility of being stopped at a future date and accused of driving under the influence of alcohol. For those individuals facing the possibility of multiple drunken driving convictions, you should definitely consider enlisting the services of a qualified DWI defense lawyer.

Whether an individual has been charged with a DWI or DUI in Essex, Atlantic, Bergen or Monmouth County, the consequences of multiple convictions remain the same and can be extremely detrimental to a person’s future. Careers have been forfeited, relationships have been destroyed and friendships lost over something as seemingly inconsequential as driving with a slight buzz.

But the penalties and consequences of a second or third DWI conviction are anything but trivial. My suggestion to anyone facing this kind of scenario is don’t make a bad situation any worse; take the necessary steps now to defend yourself in a court of law — consult with an experienced DWI defense attorney.

February 6, 2011

New Jersey Drunk Driving Arrests Follow Multiple Steps before a Final, Possible DWI Conviction

by Jonathan F. Marshall

It doesn’t matter where you live in the Garden State — Atlantic, Bergen, Monmouth, Passaic or even Ocean County — as a motorist there is always that possibility that you will be pulled over by the New Jersey State Police or a local patrolman for one of dozens of relatively minor traffic offenses. But an interesting fact is that nearly every DWI arrest begins with a routine traffic stop.

As a drunken driving defense lawyer, I and my colleagues have defended literally hundreds of individuals charged with driving under the influence of alcohol, prescription meds or even illicit drugs such as marijuana or cocaine. Being stopped for something as seemingly minor as a burned-out taillight can actually result in some motorists receiving a summons for drinking and driving.

Some people may not realize that for an arrest for drunken driving to be legal it must have been preceded by what state law defines as “reasonable suspicion.” In this case, the suspicion would be that the driver of vehicle has committed a traffic violation.

This requirement is based on a case known as New Jersey v. Carpentieri, in which the New Jersey Supreme Court ruled that a police officer needs to have an “articulable and reasonable suspicion” that the driver of a vehicle has committed a violation of New Jersey traffic law before that officer can even consider pulling the suspect’s car or truck over.

Following the initial stop for the traffic offense, the patrolman must by law have probable cause prior to making any arrest and before having the driver submit to breathalyzer test. By probable cause the law states that the officer must have cause to believe that the motorist is operating his car or truck while under the influence of alcohol or other substance that may have caused impairment.

Please keep in mind that at no time during this early stage of a DWI arrest does a driver have the right to advice from counsel. Even an experienced DWI lawyer will be of absolutely no help at that particular point in time.
Continue reading

January 31, 2011

Alcoholic Beverage Trade Association Calls New Jersey DWI Checkpoints Ineffective at Catching Drunk Drivers

by Jonathan F. Marshall

Recent comments by a beverage trade group calls for an end to drunken driving checkpoint and DUI roadblocks here in the Garden State and elsewhere across the nation. As a New Jersey drunk driving defense attorney, I understand the legal requirements that must be met for a DWI checkpoint to be operated within the laws of this state, as well as the law of the land, the United States Constitution.

And while most drunk driving roadblocks meet the legal requirements of New Jersey, there are many people out there who feel that whether or not these checkpoints are legal they may not be very effective at catching motorists who driver their vehicles while under the influence of alcohol, prescription medication or even illegal drugs such as cocaine and marijuana, also known as weed or cannabis.

One group that is questioning the efficacy of drunken driving roadblocks is the American Beverage Institute (ABI), which recently called for an end to this kind of police enforcement practice. The ABI’s comments, according to reports, include accusations that DWI-DUI checkpoints harass responsible drinkers.

The ABI has called checkpoints ineffective because they result in, on average according to the group, only about three drunken driving arrests out of every 1,000 motorists stopped. Based on this, the ABI has urged state and local law enforcement officials to only use so-called roving patrols. Using such tactics, according to news articles, the police would patrol city and rural streets looking for vehicles that are being driven in an erratic manner.

While police officials throughout New Jersey agree that roving patrols are a useful tool, they insist that sobriety roadblocks are valuable as well. This, police say, is true even if groups like the ABI say that most drivers who are pulled over at these checkpoints are never charged with driving under the influence of alcohol.
Continue reading