DWI Law and Legislation

June 22, 2013

New Jersey Sobriety Checkpoints: Drunk Driving Roadblocks Are Just Another Tool in DWI Traffic Enforcement

There is a good chance that as a motorist here in the Garden State, you or someone you know may have either seen or been subject to one of the many drunken driving roadblocks that pop up here and there across the state every month. For those who are unfamiliar with these “tools of the trade,” understand that they are designed to catch motorists who may be intoxicated behind the wheel by being located in areas know to have a statistically high incidence of DWI.

As New Jersey drunk driving lawyers, we seem to get numerous questions from potential clients regarding the legitimacy of these roadblocks, or DWI checkpoints as they are also referred. When asked by prospective clients, we must tell them that, yes, the constitutionality of these police roadblocks was addressed (back in 1979) by none other than the U.S. Supreme Court (Delaware v. Prouse).

In the aforementioned case, it was decided that it was unconstitutional to stop and detain a motorist without articulable suspicion that he or she is either unlicensed, his or her car is unregistered, or the vehicle or its occupant(s) is otherwise subject to seizure for a violation of law. This seemed like a win for those opposed to sobriety checkpoints, however the issue was again addressed here in New Jersey (State v. Kirk) in the 1980s.
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June 18, 2013

Hoping for a Plea Agreement on Your DWI Case? Not Here in New Jersey

by Jonathan F. Marshall

With all the TV courtroom dramas that have come and gone, we certainly wouldn’t fault anyone for thinking that there might be a chance to negotiate a plea bargain on a drunken driving offense. And while a skilled criminal attorney can make the difference between a heavy sentence and a relatively light one, when it comes to DWI and drug DUI offenses, “copping a plea” is not in the cards.

Unless one is in the legal profession or very familiar with our state’s court system, most people rarely have the legal background to know what is or isn’t possible when it comes to defending against drunk driving charges. Although the general public may not be aware of all the ins and outs of New Jersey law, it is a fair bet that many have heard of the concept of plea bargaining.

In general, the term “plea bargaining” refers to a negotiated dismissal or downgrade of a charge or charges against an individual defendant. While relatively common in criminal trials, plea bargaining is strictly unavailable in cases concerning drunken driving. In fact, based on our state’s DWI laws, plea bargaining is actually against the law where intoxicated driving is concerned.
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June 8, 2013

NJ Drunk Driving Defense Attorney Update: Garden State Motorists Seeking Post-Conviction Relief

by Jonathan F. Marshall

As a former municipal prosecutor and now an advocate for drivers accused of operating their motor vehicles while impaired by the consumption of beer, wine or hard liquor, as well as doctor-prescribed medications or even illicit drugs, I and my legal team make it our goal to provide the best defense for every one of our clients who have been charged with DWI or drug DUI.

Here in the Garden State, hundreds of motorists are pulled over every week all across the state; many of these individuals are arrested and charged with operating a motor vehicle while intoxicated. Some of these drivers will hire a DWI defense attorney to handle their case, while others will try to make a go of it one their own. Some will have their cases thrown out for one or more reasons, although many will likely be convicted and have to pay hundreds or thousands of dollars in fines, court fees and increase auto insurance rates.

Anyone who drives a vehicle in New Jersey probably understands that driving under the influence of alcohol or prescription drugs drunk driving is considered a very serious traffic offense under this state’s laws. And, as we’ve mentioned many times before, there are severe penalties for those convicted of DWI-DUI.
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May 18, 2013

Who Needs a Drunk Driving Defense Attorney? Most Any New Jersey Motorist Accused of DWI

by Jonathan F. Marshall

Here in the Garden State, our courts are full of drunk driving and drug DUI cases being prosecuted by any number of municipal and state attorneys angling to get a conviction the fastest and easiest way that they can. As New Jersey DWI-DUI defense lawyers I and my staff of skilled trial attorneys know that there is no better way to end up paying huge fines and other statutory penalties than to roll over and admit guilt without ever attempting to fight the state’s accusations.

One of the most common mistakes that many motorists make after they have been arrested and charged with operating a motor vehicle while intoxicated by alcohol or otherwise impaired by prescription medications is to assume that the police and the local prosecutor’s office has the upper hand with all the evidence to win a guilty verdict. Better yet, by placing all of its cards on the table in a “show of strength,” a defendant might simply enter a guilty plea just to be done with what he or she believes in the inevitable outcome of a DWI hearing.

What we’d like to say is that no matter what your situation it may be in your best interest to at the very least consult with a qualified legal professional regarding your drunk driving arrest before stepping foot into a courtroom on your own. While there are no guarantees in this life, understanding one’s rights from a legal standpoint is never a bad idea when so much is on the line. A New Jersey DWI-DUI defense lawyer can give you some perspective on your options.
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May 15, 2013

New Jersey DWI News: NTSB Recommend Lowering Legal Blood-Alcohol Content from 0.08 to 0.05 Percent

by Jonathan F. Marshall

Question: How do you increase the number of New Jersey drunken driving arrests almost overnight?
Answer: Just lower the legal limit for blood-alcohol concentration.

The simple Q&A above may seem like a heavy handed attempt at levity, but it actually does have its roots in reality. And, while the scenario of having an even tighter legal limit for drunk driving might seem a bit far-fetched at this very moment, it may be closer than anyone might expect if state legislatures like ours here in the Garden State take the latest recommendation from the federal government to heart.

According to news reports, safety analysts at the National Transportation Safety Board have just recommended a lowering of the legal blood-alcohol content (BAC) level from the current 0.08 percent to a suggested 0.05 percent. The recommended level of 0.05 percent represents a drastic reduction of more than one-third from the current legal limit. As New Jersey DWI defense attorneys, we can only surmise that a lower legal limit would result in a potential increase in drunk driving arrests, at least initially.

Human nature being what it is, it may be that many of the individuals who currently drink and drive likely would continue doing so regardless. But one must ask whether a lower legal limit would shock our society to the point of most everyone being more vigilant about how much they drink before operating a motor vehicle. For reference, approximately 10,000 people die each year in drunk-driving accidents nationwide, while about four million drivers reportedly admit to getting behind the wheel while intoxicated by beer, wine or hard liquor.
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April 15, 2013

DWI Defense Update: Arizona Drivers Arrested, Convicted for Marijuana-related Drug DUI without Being High

by Jonathan F. Marshall

Here in New Jersey, the frequency of drunk driving arrests keeps state and local police busy, not to mention the courts and DWI defense lawyers such as the experienced legal team at my law firm. The typical cases that we see quite a few of are the usual drunk driving offenses that developing out of a routine traffic stop, which likely was precipitated by a fairly minor moving violation or vehicle infraction. The more serious cases involve actual property damage or personal injuries coupled with an accusation of drunken driving.

Of course, drunk driving, or DWI, is only one kind of impairment-related driving offense. When reading the various and sundry news items in Garden State newspapers or online, quite often one will come across references to DUI arrest. While DWI and DUI are used interchangeably by the public, the latter is an abbreviation for driving under the influence. The only question here would be: Under the influence of what?

For many motorists arrested for DWI or DUI, alcohol is the usual substance causing the alleged impaired vehicle operation. However, there is a segment of those arrested for impaired driving who may never have touched a drop of alcohol prior to their arrest on a New Jersey roadway or at a sobriety checkpoint. For those individuals, the police typically look for some kind of narcotic drug use (pointing to a possible charge of drug DUI).
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March 4, 2013

New Jersey’s Bar Association Recommends Change to State’s Breath Test Refusal Statement

by Jonathan F. Marshall

For those who follow New Jersey drunken driving law, there was an interesting article earlier this year reporting the state’s Bar Associate desire to effect a change in the statement used when advising motorists of the penalty for refusing a breath test associate with a drunken driving arrest. Based on the news reports we ran across, this apparently grew out of the drunken driving case of Assemblyman Paul Moriarty last year.

As New Jersey DWI defense attorneys, we know full well how many motorists are caught up in drunk driving arrests each year. Many of these people may not have known that they were legally drink at the time of the arrest, while others believe wholeheartedly that the charges against them are without grounds. Whatever the situation, our job as qualified drunken driving defense lawyers is to represent these individuals in a court of law and help them fight the accusations leveled against them.

For some drivers, being accused of driving while intoxicated can mean they will be asked to take a breathalyzer test to measure their blood-alcohol concentration — the legal limit for which is 0.08 percent here in the Garden State. Some people do not want to have their breath analyzed and so they have the choice to refuse to have a sample taken. But this is not such a simple issue as it may seem.
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February 16, 2013

Caught Driving Drunk in New Jersey? Find the Right Attorney to Defend Your Rights

by Jonathan F. Marshall

Over the many years that my legal firm has been helping motorists accused of drunken driving, I and my associates have been asked more than a few times, “Why do I need a DWI lawyer when I step into a courtroom on a charge of driving while intoxicated?” The simple answer would be, “Because you owe it to yourself to be fully prepared to face the prosecution, which will do its best to prove you guilty of DWI or drug DUI.” But this is only one basic reason.

It’s not a secret that drivers in the Garden State face a tough situation when they are stopped on the highway after having a drink or two. It’s a mistake to assume that heavy drinkers and so-called “party animals” are the only people to be arrested for drunken driving by state or local police. For many, a simple drive home after dinner with friends can sometimes lead to a traffic stop, possibly for some basic moving violation, only to escalate into a full-blown DWI arrest and a trip to police headquarters.

As drunk driving defense attorneys, I and my team of experienced trial lawyers are fully up to the task of representing individuals who have been accused of operating a motor vehicle while under the influence of liquor, beer, or doctor-prescribed medication. We know how scary a drunk driving arrest can be for normally law-abiding citizens. But the truly frightening thing about being arrested is that a conviction can result in serious and expensive consequences.
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February 8, 2013

NJ State Senate Initiates Bill Requiring EVERY Convicted DWI Offender Use an Ignition Interlock Device

by Jonathan F. Marshall

The New Jersey State Senate recently set in motion a bill that if made into law would require any DWI offender — even first-timers — to have an ignition interlock device installed on his or her vehicle as a mandatory condition of their sentencing. According to news articles the new legislation, if passed, would amend the state’s DWI laws to include wording requiring all convicted drunken driving offenders to have an ignition interlock installed in their cars for varying lengths of time.

As New Jersey drunk driving defense lawyers, my colleagues and I have worked for many years helping motorists who have been charged with DWI- and DUI-related offenses. We understand how a single indiscretion can lead to an expensive, inconvenient, embarrassing and often life-changing drunken driving conviction. In fact, numerous personal and professional relationships have been damaged or outright ruined as the result of a conviction for operating a motor vehicle while impaired by alcohol, doctor-prescribed medicines, or even an illicit (read: a controlled dangerous substance [CDS]) drug like marijuana or cocaine.

Having worked in this field for many years, both as a defense lawyer and as a municipal prosecuting attorney, I have a deep understanding of the strategies and tactics that the attorneys for the state employ to secure a conviction. My goal, and that of my legal team, is to provide the best possible defense for those individuals who believe that they have been falsely accused of drunken driving, drug DUI or breath test refusal. Whatever the cause of the DWI-DUI charges, a qualified DWI defense lawyer must consider all the facts in order to help his or her client achieve a just outcome.
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February 3, 2013

Facing a Judge Following a DWI Arrest. What New Jersey Motorists May Expect

by Jonathan F. Marshall

Most people already understand that being arrested for drunk driving here in the Garden State is hardly a walk in the park. Besides the legal issues, just the mere fact that one has been picked up for drinking and driving can cause problems professionally, as well as personally. Once all the embarrassment has passed, then there’s the worry about penalties if one is convicted of DWI or drug DUI.

As DWI defense attorneys, the legal experts at the law offices of Jonathan F. Marshall understand the pitfalls of self-representation when a drunken driving charge is looming. At the very least, it’s wise to consult with an experienced trial lawyer who knows the ins and outs of New Jersey’s DWI law. Considering the potentially expensive and long-lasting effects of a drunken driving conviction, retaining a qualified legal professional to represent you can be a good way to fight a DWI-DUI charge from the get-go.

Seriously, one should always consider the possible downside to losing a drunk driving case. Most anyone who has been accused of drunk driving knows what’s at stake. If found guilty, a defendant can be looking at a wide range of penalties — anywhere from $250 to $1,000 in monetary fines and even possible incarceration (which can range from “just” two days in jail all the way up to six months). Of course, when it comes to a DWI charge, the main factor in determining sentencing is whether or not the offense was a first-, second-, or third-time offense (for anyone who may be wondering, we have seen individuals who have exceeded three DWI offenses in their lifetime).
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