Articles Posted in DWI Law and Legislation

As experienced trial lawyers and drunken driving defense attorneys, my colleagues and I often get questions from potential clients asking about courtroom procedure, state and federal law as it applies to DWI and drug DUI arrests or convictions, as well as how the police perform traffic stops that lead to a person being charged with a DWI or DUI in the Garden State. Having worked for years as a prosecuting attorney, I and several of my staff understand both sides of the coin in regard to handling drunk driving court cases.

One of the more important Constitutional-based questions that we hear from motorists who have been accused of operating a car, truck or motorcycle while under the influence of alcohol or doctor-prescribed medication is that regarding their rights vis-à-vis the Fifth Amendment of the Bill of Rights. More specifically, how Fifth Amendment Miranda Rights fit into the framework of a roadside traffic stop, especially one that has led to a DWI arrest or DUI summons.

In general terms, the Fifth Amendment to the U.S. Constitution protects individuals against the abuse of government authority. For all intents and purposes, a police officer is the embodiment of government authority, which means that the actions of municipal patrolmen and state troopers are governed, so to speak, by the restrictions laid out in the Fifth Amendment. For those unfamiliar with the specific wording of this Constitutional amendment, here is the text:
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As most anyone who has previously been charged with DUI must surely understand, the order of events preceding a DWI arrest is important when considering the approach to one’s defense. In addition to this, the basis for the initial traffic stop that led to the drunken driving charges is also critical to both the defense’s arguments, as well as that of the prosecution.

In the end, regardless of whether the ultimate offense is listed as driving under the influence of alcohol, impaired by prescription drugs, or possession of a CDS (controlled dangerous substance), the initial traffic stop must have been carried out properly and with a legitimate suspicion that a violation of traffic law had occurred.

As New Jersey DWI and drug DUI defense attorneys, our firm is dedicated to assisting individuals who have been accused of driving while intoxicated, as well as other civil and criminal offenses. Our legal staff understands the extreme importance of determining whether a DWI summons was issued based on a valid traffic stop or not.
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While nobody likes to contemplate their own drunk driving conviction, it is a fact that a percentage of defendants in DWI cases will be found guilty by the Court. Although this is not a desirable situation, there are necessary considerations that will come up following a conviction for driving while intoxicated. At the Law Offices of Jonathan F. Marshall, I and my team of experienced DWI-DUI defense attorneys are skilled in New Jersey DWI laws having represented numerous motorists who have been accused of operating a motor vehicle while impaired by alcohol, prescription medication or controlled dangerous substances (CDS).

While we always strive to help our clients attain a not guilty verdict or to have a drunk driving case thrown out on procedural grounds, the fact remains that some people accused of drunken driving will indeed be found guilty and be subject to the penalties laid out by New Jersey’s DWI statutes. For anyone who wonders, sentencing following a DWI conviction can be found in N.J.S.A. 39:4-50. For those who have been found guilty there is no doubt that the monetary and other penalties can be rather harsh, especially for those of limited means or who need their vehicle daily to get to work, school or other activities.
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It’s safe to say that the number of drivers arrested to date for operating a motor vehicle while under the influence of alcohol or impaired from the use or abuse of prescription drugs is much greater than those who have been ticketed for using a non-hands-free cellphone while driving. While safety advocates continue to debate the relative dangers of DWI versus distracted driving, one thing is for certain, the days of unfetter cellphone or smartphone use in a motor vehicle are likely more limited than many people might imagine.

More than a year ago we commented on the increasing trend of legislating prohibitions on the use of cellphones while driving because of the obvious dangers of being distracted during the operation of a motor vehicle. As New Jersey DWI defense attorneys, my colleagues and I have years of experience defending individuals who have been accused of driving under the influence of alcohol, doctor-prescribed medication, or an illicit or controlled substance (CDS). Many of our clients believe that that they were not impaired, while some feel they were improperly arrested.

Now, after years of defending drivers who have been arrested and charged with alcohol or drug impairment, the increase in attention on the frequency of cellphones and texting in cars has resulted in a whole new genre of “impaired” driving; we’ve asked in the past whether “phoning-while-driving” could become as costly an exercise (from the standpoint of traffic-related penalties) as being convicted of DWI or drug DUI.
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