DWI Defenses

November 5, 2019

Proof of Operation of a Vehicle in DWI Cases Is Analyzed by New Jersey Court

If a person is charged with a DWI crime in New Jersey, the State must prove each element of the alleged offense to obtain a conviction. In other words, the State must not only prove that the defendant was impaired due to the ingestion of alcohol, but also that the defendant was operating a vehicle while he or she was impaired. Recently, the Superior Court of New Jersey, Appellate Division, discussed what constitutes sufficient evidence of the operation of a vehicle to obtain a DWI conviction. If you reside in New Jersey and are currently charged with a DWI crime, it is advisable to meet with a capable New Jersey DWI defense attorney to discuss what evidence the State may introduce against you.

Facts Surrounding the Defendant’s Arrest

It is reported that the police were called to check on a suspicious vehicle parked in a residential area. Upon arriving on the scene, the police observed the defendant was asleep in the driver’s seat of the vehicle. The police woke the defendant up and questioned him regarding where he was that evening. The defendant stated that he was at a birthday party for his brother and became tired on the way home, so he pulled over and fell asleep. The defendant admitted to consuming one glass of wine.

Allegedly, the defendant submitted to field sobriety testing, which he failed. He was subsequently arrested and taken to the police station, where he was given a breathalyzer test. The test showed that the defendant’s BAC was 0.08%. The defendant was charged with and convicted of DWI. He appealed, arguing in part that the trial court committed an error in finding beyond a reasonable doubt that he operated his vehicle while intoxicated. Continue reading

October 28, 2019

New Jersey Court Discusses a DWI Defendant’s Right to a Speedy Trial

by Jonathan F. Marshall

DWI defendants have numerous rights under the law, including the right to a speedy trial. In other words, criminal defendants have a right to be tried within a certain amount of time from when the charges against them are filed, and if they are not, the charges may be dismissed. Recently, the Appellate Division of the Superior Court of New Jersey discussed the factors weighed in determining whether a violation of a defendant’s right to a speedy trial has occurred in a DWI case. If you are a New Jersey resident charged with DWI, it is prudent to meet with a skillful New Jersey DWI defense attorney to discuss your rights.

Facts of the Case

It is alleged that the defendant was charged with DWI in November, 2013. There were numerous appearances scheduled and adjourned or continued. The trial was ultimately scheduled for May, 2015. At the time of the trial, the defendant filed a motion to dismiss based on the grounds the State violated his right to a speedy trial. The court denied the motion, and the defendant entered a conditional guilty plea, after which he was sentenced. The defendant then appealed the court’s denial of his motion to the law division, which affirmed the trial court ruling. Subsequently, the defendant appealed to the Superior Court, which affirmed the prior order.

The Right to a Speedy Trial Under New Jersey Law

Under New Jersey law, to evaluate whether a defendant’s right to a speedy trial has been violated, the court will assess the length of the delay, the reason for the delay, the prejudice the delay caused the defendant and the defendant’s assertion of the right to a trial. Continue reading

August 2, 2019

36 Percent of Surveyed Americans Admitted to Driving While Blackout Drunk

by Jonathan F. Marshall

If you have been charged with drunk driving, you may be facing strict and debilitating penalties. Our New Jersey DWI lawyers understand the state’s criminal defense laws and we know first hand that experience counts. Having handled and resolved countless DWI cases, we know how to provide clients with a full legal defense in an effort to mitigate adverse consequences.. Acting quickly after being charged is imperative in these cases, so please do not wait to call our office.

Despite countless awareness campaigns surrounding the dangers of drunk driving, it continues to be a major problem. A new study published by the American Addiction Centers revealed some alarming trends about drinking and driving habits in the US. The report surveyed 600 Americans. When examining the number of times individuals had driven after drinking in the preceding 30 days, the survey found that 23.2 percent of people admitted to driving after drinking at least 1-2 times and 21.7 percent of respondents admitted to drinking and driving over 6 times. Shockingly, 36 percent admitted to driving while blackout drunk while almost 50 percent admitted to being passengers of a drunk driver. In addition, 53.5 percent of survey respondents said they feel capable of driving after drinking as opposed to 46.5 percent who said they do not.

Just because drunk driving is a major problem in the country does not mean everyone charged with the offense is guilty. New Jersey law makes it a criminal offense to operate a motor vehicle with a blood alcohol concentration of 0.08 percent or higher if you are 21 years of age or older. The legal limit is lower for individuals under 21 as well as for commercial drivers. If you have been charged with a DWI, one of the following defenses may be applicable in your case:

April 11, 2019

Phone Addicts are a Bigger Threat on the Road than Drunk Drivers, Study Says

by Jonathan F. Marshall

Any person charged with driving while intoxicated (DWI) in New Jersey is undoubtedly facing a stressful ordeal that can have potentially life-changing consequences. If you have been arrested or charged with a DWI, you need to consult a dependable New Jersey DWI lawyer immediately. A DWI is an extremely serious offense that can result in significant penalties and other negative consequences, especially if you are convicted.

A new study by Zendrive, a driving behavior analytics company, found that phone addicts are extremely dangerous behind the wheel, replacing drunk drivers as the ultimate threat on public roads. In fact, drivers nationally are 10 percent more distracted now than they were in 2018, according to the study. In addition, pedestrian deaths are at a 30-year-high, mainly because of distracted driving. The data revealed that individuals who cannot put their phone down actually get behind the wheel more. Specifically, they spend 150% more time on the road and drive 760% more miles than the average US driver. Essentially, it is virtually impossible to avoid distracted drivers on the road. While midnight to 3 a.m. is the known window to watch out for drunk drivers, phone addicts on the road are significantly impaired 24-7.

While distracted driving may be a bigger problem than drunk driving on the roads, drunk driving is still a major problem. According to the National Highway Traffic Safety Administration, there were 10,874 deaths in motor vehicle crashes involving drunk drivers in 2017. This totalled 29 percent of all traffic fatalities for that year. In New Jersey, a driver is considered to be alcohol-impaired when his or her blood alcohol concentration is .08 grams per deciliter or higher. A driver can also be charged with a DWI if he or she is operating a motor vehicle under the influence of drugs. Any drugs, whether they are prescription, over-the-counter or illegal, can form the basis of a New Jersey DWI if they are thought to have diminished a person’s ability to drive safely.

March 27, 2019

Man and Woman Charged with DWI by Hoboken Police on St. Patrick’s Day

by Jonathan F. Marshall

If you have been charged with driving while intoxicated (DWI) either because of drugs or alcohol, you need to contact a New Jersey DWI defense lawyer as soon as you can. Whether it is your first offense or you have had prior convictions, we can help. We know the stakes are high, which is why we are committed to vigorously defending the rights of our clients from the moment we are hired.

Hoboken Police charged a New York man and a Jersey City woman with DWIs in separate incidents on St. Patrick’s Day. The 34-year-old man was pulled over when a police officer saw him speeding. When the police officer approached the man’s vehicle, there was an odor of alcohol emanating from the window. The man refused to do a breath test and failed field sobriety test.

That same day, a 25-year-old woman was charged with a DWI after her Jeep was involved in an accident with another car. The officers in that case said they could smell alcohol on the woman’s breath and also saw a cup that they believe contained alcohol inside the vehicle. Officers described the woman as being slow, dazed and confused. She failed a field sobriety test and her blood alcohol content (BAC) was determined to be over the legal limit once she provided a breath sample at the police station.

January 23, 2019

Off Duty New Jersey Trooper Catches Drunk Driver Trying to Leave Accident Scene

by Jonathan F. Marshall

Whether it a minor accident or one more serious, a motorist has an obligation to remain at the scene of the accident or they may open themself up to “hit and run” liability. This liability can be significantly more serious if the fleeing driver was intoxicated. If you have been arrested for drunk driving, whether you left the scene or not, we can help. Our New Jersey DWI attorneys will vigorously advocate for your rights and try to get you the best possible results in your case.

An off-duty New Jersey state trooper helped nab a drunk driver trying to escape the scene of an accident on foot. Law enforcement said the 44-year-old driver was drunk when his car sideswiped a van. The individuals in the van were not injured. Immediately after the crash and without warning, the driver ran from the scene. At that time, the off-duty trooper who had witnessed the accident got out of his own vehicle and chased the impaired driver, catching the driver and holding him until police arrived.

Fleeing the Scene of an Accident While Under the Influence

Under New Jersey law, if you are involved in a wreck, you are required by law to remain at the scene of any accident where there is property damage, injury or death until you have exchanged identifying information with the other parties involved in the accident. In addition, if injury, death or more than $500 worth of property damage occurs as a result of an accident – an official police report must be filed.

January 8, 2019

New Jersey Has One of the Country’s Lowest Drunk Driving Death Rates

by Jonathan F. Marshall

Being charged with driving under the influence is a very serious matter and should not be taken lightly. If you have been arrested for driving while intoxicated (DWI), you need to get in touch with an experienced New Jersey DWI advocate who can help. We are committed to providing quality legal representation to each and every client. Our goal is to vigorously defend your case so that your charges are reduced or even dropped. Time is of the essence in these cases so it is imperative to act as soon as possible after being charged or arrested.

The SafeWise Study

A study, conducted by security website SafeWise, found that the state with the highest rate of drunk driving deaths in the country is Wyoming, with 7.59 deaths per 100,000 residents, followed by South Carolina, North Dakota, New Mexico and Alabama. The state with the lowest rate of drunk driving deaths is New Jersey, with 1.39 per 100,000 residents. New York, Minnesota, Utah and Massachusetts are also among the states with the fewest drunk driving deaths in the nation. The report used statistics from the National Highway Safety Administration to come up with its findings.

December 26, 2018

Study Finds Drunk Driving Among Veterans is on the Rise

by Jonathan F. Marshall

DWI charges can have negative and long-lasting consequences for a person’s life. Too many people charged with drunk driving assume that they will be convicted but this is not always not the case. If you have been charged with or arrested for drunk driving, our highly reputable New Jersey DWI attorneys have the experience to help you in your criminal case. Our team will make every effort to have your charges reduced or dismissed and save your criminal record from any blemishes.

The Study

According to a recent study by American Addiction Centers, drunk driving and binge drinking among American veterans has drastically risen in recent years. Using figures from the Centers for Disease Control and Prevention, the study revealed that since 2013, the numbers of veterans who have been identified with incidents of binge drinking has gone up from 14 percent to almost 16 percent. In addition, the percentage of US veterans who engaged in drunk drinking has risen from 1.6 percent in 2014 to 2.5 percent – a nearly 60 percent spike. The rates of drunk driving were significantly higher for male veterans than women. The data shows that New Jersey was not in the top 10 or bottom 10 when it came to the rates of veteran drunk driving in 2016.

December 19, 2018

Drunk Driving during the Holiday Season in New Jersey

by Jonathan F. Marshall

The holidays are bright, festive and fun but this time of year is also known for being the deadliest season for drunk driving. However, because police are hyper-aware of drunk drivers on the road, they can sometimes be overzealous in charging or arresting people for driving while intoxicated (DWI). If you’ve been charged with a DWI in New Jersey, you should not delay in reaching out to a seasoned New Jersey DWI attorney who examine the circumstances of your arrest and protect your rights.

Accidents in the Holiday Season

It is undoubtedly true that many lives are lost to drunk driving every year during the holiday season. According to the US Department of Transportation, between 2011 and 2016, an average of 300 people died in drunk driving accidents the week between Christmas and New Year. Alcohol-impaired accidents make up more than a quarter of all crash deaths. According to the National Highway Traffic Safety Administration, 885 people died in traffic crashed involving a drunk driver during the month of December in 2017.

October 5, 2018

Proposed NJ Law would Mandate Ignition Interlock for All Drunk Drivers

by Jonathan F. Marshall

A DWI arrest can be scary and extremely high-stakes, as a conviction can adversely impact almost every aspect of your life. If you have been charged with a DWI, you should know that you have rights. Our trusted New Jersey DWI attorneys work hard to deliver the highest quality counsel representation in DWI cases. You can rest assured that we understand what is at stake, which is why we will build the strongest possible defense in your case.

Proposed Law

A proposed state law would expand the DWI ignition interlock program in New Jersey. Currently, you only have to have an ignition interlock device is you have a BAC of .15 or higher or if you are a repeat offender. Under the new law, anyone convicted of a DWI would be required to have the device installed in his or her vehicle for three to 18 months, depending on how drunk the driver was. The device works like a Breathalyzer, if your BAC is too high, your car will not start.