DWI Law and Legislation

September 24, 2013

Drunk Driving Defense: Addressing Concerns of the New Jersey’s First-time DWI Offenders

As many drivers know there is nothing so discerning to a motorist as seeing those flashing patrol car lights in one’s rearview mirror. But that sinking feeling of being pulled over by a New Jersey state trooper or local patrolman can be compounded simply because a driver may think he had one too many drinks or if he is on prescription medication from a physician. The important thing to remember is it is never a mistake to consult with a qualified legal professional who understands drunk driving law.

While many people may wonder why a person would need to hire a DWI-DUI attorney, the benefits can outweigh the potential fines, license suspension, and even jail time consequences associated with a drunk driving conviction. Whether a person has been picked up for operating under the influence, driving while impaired by doctor-prescribed medications, or breath test refusal following a DWI arrest, the experienced trial lawyers at the law offices of John F. Marshall can help explain your rights under the law.

When trying to decide whether it is advisable to hire a drunk driving attorney to handle your case, it is best to look at the downside to not having a qualified legal professional at one’s side. Fines and monetary penalties aside, the potential of a license suspension if one loses his or her DWI or drug DUI case is a real and potentially life-disrupting after-effect of a conviction. For individuals who rely heavily on their ability to drive to and from work, school or other important daily activities should truly consider what the loss of driving privileges can mean.
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September 12, 2013

Repeat DWI Offenders Take Note: Penalties for Second and Subsequent DWIs Could Get More Strict

by Jonathan F. Marshall

Traveling the Garden State Parkway, coastal highways or city streets while legally intoxicated could be much more of a gamble in coming years for those who already have a drunken driving conviction under their belt. As New Jersey DWI-DUI defense lawyers, my firm understands the serious nature of any drunk driving arrest, not to mention the conviction that could follow. But for those already convicted of a first-time drunk driving offense, the next time might be even more expensive than it is today.

According to news reports, the New Jersey legislature is considering a piece of legislation that would increase the fines and other penalties well beyond what are on the books right now. As experienced drunk driving attorneys and skilled trial lawyers, we know that even with large-scale anti-DWI campaigns, frequent roadside sobriety checkpoints and high-saturation DWI patrols, the chances of someone being stopped and arrested for driving under the influence of alcohol are pretty good.

Whether one lives in Monmouth, Ocean, Sussex or Middlesex County; or if a driver is simply traveling through the Garden State, state and municipal police officers are always on the job looking for potentially drunk drivers. And while a patrolman cannot stop a car simply on a hunch that a driver is impaired by alcohol or prescription drugs, there are more than enough potential traffic and vehicle offenses happening on a regular basis to give a policeman any number of excuses to pull a drunk motorist over.
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September 11, 2013

Refusing a Breathalyzer Test: An Option that Should Not be Exercised Without Due Consideration

by Jonathan F. Marshall

As drunk driving defense attorneys, I and my staff of skilled trial lawyers have been representing motorists accused of operating a motor vehicle while intoxicated for many years. Here in the Garden State, there are many different ways in which to be charged with some kind of alcohol-related driving offense. As a former municipal prosecuting attorney, and now as a DWI defense lawyer, I understand that some individuals should never have been accused of drunken driving in the first place, while others simply could benefit from the representation that my law offices provide.

Although some people may consider a straight DWI-DUI charge as the worst possible accusation that a driver could receive from the police, it is equally serious when a motorist — for whatever reason — chooses not to submit to a breath test when a police officer requests it. For this reason, I and my colleagues always recommend that anyone having been charged with breath test refusal seek an experienced drunk driving attorney before they step foot in a courtroom.

While it may seem to be a good choice to some drivers, refusing to submit to a breath test here in the Garden State is usually treated with the same enthusiasm by prosecutors as any other DWI or DUI arrest. As we tell many of our clients who choose this route, breathalyzer refusal a serious offense that one cannot afford to take without proper legal representation.
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September 9, 2013

New Jersey Drunk Drivers and Ignition Interlock Devices (FAQ)

by Jonathan F. Marshall

Those arrested for drunken driving here in the Garden State don’t have much to look forward to should a conviction for DWI be the end result. In addition to the hundreds and even thousands of dollars in monetary penalties, such as assessments, fines, insurance premium increases and court fees, the law also requires convicted drunk driving offenders to have an ignition interlock device placed on his or her vehicle for a period specified by the court.

As New Jersey drunken driving defense lawyers, I and my colleagues have the skills and experience necessary to represent individuals accused of operating a motor vehicle while intoxicated by alcohol, prescription drugs, or a controlled dangerous substance (CDS). While many people may not think that they have a chance to avoid a DWI or drug DUI conviction, the fact remains that if you don’t try, you won’t ever know what is or isn’t possible.

When it comes to being found guilty of a drunk driving offense, many of those people who are convicted receive not only harsh monetary penalties but also possible jail time or other punitive measures. One of the increasingly common penalties that individuals find themselves being ordered to follow by the court is the mandatory use of an ignition interlock device.
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September 1, 2013

Charged with a New Jersey DWI-DUI? A Valid Traffic Stop is Just One Aspect

by Jonathan F. Marshall

Quite often when speaking to potential clients, I and the trial attorneys on my legal team are asked how a motorist could possibly fight a drunk driving charge when the police have evidence, such as a breathalyzer test or a seized open container of alcohol, to show the court. Before getting too far ahead of themselves we usually remind these individuals that there are several important aspects to a DWI defense.

As New Jersey drunken driving lawyers, my firm has decades of collective experience protecting the rights of motorists from all walks of life as they face charges of driving while intoxicated by alcohol or operating a motor vehicle while impaired by prescription drugs. One of the more important facts that must be established before a DWI-DUI case can go forward is whether or not the initial traffic stop was performed in the proper manner.

When it comes to defending someone accused of driving under the influence of alcohol or drugs, the question of whether the traffic stop, which usually comes prior to a DWI or drug DUI arrest, was valid to begin with. If it was, then there must be evidence of intoxication from alcohol, cocaine, marijuana or prescribed meds. If the traffic stop was not based on an observed traffic offense or other action that would give an officer the right to pull the motorist over, then it is likely that a skilled attorney can use this fact to his client’s advantage.
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August 31, 2013

Considering Drunk Driving Charges Based on Breath Samples vs. Blood Samples

by Jonathan F. Marshall

When looking at the process of charging a motorist with operating a vehicle while under the influence of alcohol, establishing proof of intoxication is a primary concern for the arresting officer as well as the local prosecutor who will eventually try the DWI case. There is no question of whether or not driving while intoxicated is a serious offense; it certainly carries severe penalties entailing stiff monetary fines as well as suspension of one’s driver’s license and potential jail time.

As New Jersey DWI-DUI defense attorneys, I and my colleagues know that just because a driver is stopped and charged with a drunken driving offense, it does not necessarily mean that there is no recourse for that individual. The law provides everyone an opportunity to defend himself in a court of law, and lawyers such as those at my firm are ready to represent people accused of DWI or drug DUI against accusations of impaired motor vehicle operation.

Currently, the state of New Jersey typically uses the Alcotest 7110 breath testing device, which has been ruled a legitimate piece of equipment for determining the blood-alcohol content (BAC) of a suspect via a breath sample. Manufactured by Draeger Industries and initially put into service in 2003, the Alcotest machine conducts two separate internal BAC tests; one that uses infrared radiation and another that employs and electrochemical process.
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August 30, 2013

Debate Continues: Alcotest Machine Under Fire for Alleged BAC Measuring Inaccuracies

by Jonathan F. Marshall

Anyone who has followed the course of anti-drunk driving enforcement will likely understand that there are two primary methods used by police to determine a suspect’s blood-alcohol concentration or “BAC.” The measurement of the amount of alcohol in the blood by volume has long been a primary tool for police agencies when attempting to determine if a motorist is legally intoxicated.

Here in the Garden State, breathalyzer machines have been used for decades as a way to determine BAC by sampling the breath of an individual to discern the percentage of alcohol in a person’s bloodstream. This has allowed police and state prosecutors to more or less quantify a driver’s “drunkenness” as a means to convict the accused DWI defendant in a court of law.

As New Jersey drunk driving defense attorneys, the legal staff at the Law Offices of Jonathan F. Marshall have the necessary background in New Jersey DWI-DUI law, as well as trial experience, to provide valuable legal representation to clients who have been charged with operating a motor vehicle while under the influence of beer, wine, hard liquor or other alcohol-based beverage. We also are skilled in defending those drivers accused of impaired driving due to use of doctor-prescribed medications or even illicit drugs, such as marijuana or cocaine.
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August 24, 2013

NTSB’s Proposed 0.05 BAC Limit Unlikely to Become Law in New Jersey Anytime Soon

by Jonathan F. Marshall

There has been a bit of concern in some quarters about the future of a stricter legal limit for driving while intoxicated (DWI) in New Jersey, as well as other states across the country. Ever since the recommendation from the National Transportation Safety Board (NTSB), the blogosphere has been buzzing with scenarios of doubled, tripled or quadrupled instances of drunken driving arrests, DWI cases and corresponding convictions.

As New Jersey drunk driving defense attorneys, my staff is also affected by changes in the law, though our main goal is still to provide skilled legal representation to those motorists accused of DWI or drug DUI. But the issue of a tightening of the state’s blood-alcohol concentration (BAC) limit as it applies to the legal definition of drunk driving is still of great interest to us and others in our field of practice.

So, the question remains, could a lower DWI standard be in the works any time soon? And how would that change affect drunk driving enforcement as well as other aspects of DWI and DUI legal defense. Well, the short answer, if we are to believe earlier news articles, is not for some time. In fact, some have suggested that a revised BAC of 0.05 percent, which tightens up the current standard by nearly 40 percent, could be decades in the making for us in the Garden State.
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July 22, 2013

DWI News Alert: Beware the Left-hand Lane on Garden State Throughways, Interstates and Parkways

by Jonathan F. Marshall

Anyone who frequents this blog may already know that the police have more than a few avenues at their disposal when it comes to justifying a traffic stop here in the Garden State. As experienced DWI defense lawyers, my legal team understands the law and specifically how it applies to cases involving drunken driving, operating a motor vehicle while impaired by a controlled dangerous substance (CDS), breath test refusal, possession of marijuana in a car, and numerous other offenses.

Aside from the obvious infractions that can get a motorist pulled over — such as speeding, failing to yield, making an illegal turn, etc. — there are other and more subtle ways in which a patrolman might effect a traffic stop. One is being identified as having an expired vehicle registration through what is known as a “mobile computer look-up.” Instances involving this kind of police activity, which may or may not lead to an actual traffic stop, only take an officer’s curiosity regarding the status of one’s vehicle registration, insurance coverage, owner’s license info, or even if the vehicle has been stolen.

For those who may be wondering, the odds of being stopped based on a random computer look-up could be rising as we speak, especially considering the burgeoning information sharing efforts between local, state and federal law enforcement agencies. Furthermore, the precedent is already set with this kind of indirect observation; police departments all across New Jersey have the authority (based on State v. Donis) to conduct random license plate look-ups for all manner of vehicle and driver information.
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July 12, 2013

Advanced Patrol Car Electronics and Instant Access to Statewide Motor Vehicle Databases Give Police an Edge

by Jonathan F. Marshall

Back in what some of us might call the good ol’ days, having an out-of-date license plate tag or being tardy in making an auto insurance payment was a secret that could mostly be kept to oneself, at least until a driver broke a traffic law right in front of a cop. But that’s hardly the case anymore. These days, the information age can quickly catch up to those procrastinating motorists and other drivers for whom the calendar is merely a seasonal guidepost. For those who might not worry so much about driving their vehicle while possibly intoxicated, whether they know it or not, Big Brother is watching.

As we’ve explained in the past, New Jersey state law defines when it is legal for a police officer to stop a motorist on the roadway, after which a drunk driving summons may be forthcoming depending on the officer’s suspicions and observations of the driver. But having a hunch that a motorist may be inebriated behind the wheel of his or her vehicle is not sufficient legal grounds in the Garden State for a patrolman to stop a vehicle. Acting on the suspicion that an individual is impaired by alcohol or prescription drugs (drug DUI) should only come into play following a legitimate traffic stop.

But what does it take to cause a municipal policeman or a New Jersey state trooper to decide that a driver is in violation of one or more traffic laws? Simple observation can result in a routine police stop if the officer in charge sees an obvious violation, such as an illegal U-turn, failure to yield at a stop sign, even cutting through a parking lot to avoid waiting at an intersection. These and many other scenarios are all typical ways in which New Jersey drivers are constantly getting into hot water with the police.
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