DWI Law and Legislation

January 31, 2013

Morris County Car Crash Results in Drunken Driving Charges for Newark, NJ, Driver

First, some basics: A charge of impaired driving due to alcohol consumption here in the Garden State is based on New Jersey drunken driving laws as reflected in N.J.S. 39: 4-50. Known generally as “drunk driving,” this is referred to variously as driving under the influence (DUI) or driving while intoxicated (DWI), and involves operating a motor vehicle while impaired or intoxicated by beer, wine, hard liquor or another type of alcoholic beverage.

As New Jersey drunken driving defense attorneys, I and my legal staff have dozens of years of collective experience representing motorists accused of DWI, DUI, drug DUI and breath test refusal, among other traffic-related violations. As motor vehicle violations go, whether here in New Jersey or any number of other states across the nation, DWI is considered one of the more serious violations with which a motorist can be charged.

Here in Jersey, the fines and penalties associated with a drunken driving conviction can be quite stiff, financially, and in some cases the mere accusation of drinking and driving (much less and actual conviction) can cause serious complications to relationships within one’s social and business circles.
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January 2, 2013

Could Cash Incentives for Reporting Garden State DWIs Help NJ Police with Drunken Driving Enforcement?

by Jonathan F. Marshall

Most New Jersey drivers already know that state and federal law enforcement and traffic safety groups spends a great deal on anti-drunken driving education and enforcement, especially around the holidays. We can see it constantly; the increased DWI-DUI patrols on our highways and surface streets, more frequent drunk driving roadblocks and sobriety checkpoints…never mind the numerous radio and TV public service announcements aimed at making potential drunken drivers aware of the risks of operating a motor vehicle while intoxicated by beer, wine or hard liquor. The word is out: New Jersey is hardly tolerant when it comes to DWI, or even drug DUI (prescription or illegal substances like marijuana).

Whether one is arrested for driving under the influence here in Monmouth County, Passaic, Ocean or Sussex County, the results of a drunk driving conviction can be expensive, inconvenient and even embarrassing. But what if every citizen was encouraged (monetarily) to report fellow drivers that they suspected of driving drunk, or likewise impaired by some kind of prescription medication? It’s happened already, according to news reports, down in the Sunshine State.

Based on a recent article, reporting an allegedly impaired motorist down in Palm Beach County, FL, will apparently yield the caller $100. The program known as “Mobiles Eyes,” which has been in effect for the past decade, was created to get the driving public involved in looking out and reporting potentially drunk drivers. In return, according to news articles, the caller receives payment if that particular motorist is arrested for driving while intoxicated.
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October 26, 2012

Ignition Interlock Devices Becoming a Common Requirement for New Jersey Motorists Convicted of DWI

by Jonathan F. Marshall

As we’ve stated previously, those who follow the news, here in New Jersey, know that drunk driving arrests are pretty much a part of the automotive landscape. Considering the various scenarios that can result in a motorist being arrested, charged and tried for operating their car or truck while under the influence of alcohol or doctor-prescribed medication (drug DUI), we as DWI defense lawyers understand how seemingly law-abiding citizens can find themselves in a courtroom trying to explain how they never realized they were drunk in the first place. It’s not an easy road.

For every driver who is stopped for an apparently minor traffic violation there is always the chance that he or she may be served with a summons for drunken driving. These encounters with state and local police are just a precursor to that inevitable appearance before a municipal or county judge. To expect leniency is piling hope upon hope, which rarely works in the real world of DWI law. If nothing else, the years of anti-DWI messages and physical enforcement should tell anyone accused of driving while intoxicated that the police and the courts hold a very dim view of individual whom they believe are DWI offenders.

Whether one is charged with impairment based on consuming alcohol, prescription drugs or even illegal substances such as cocaine, meth or marijuana, the course should be clear; walking into a courtroom unprepared is not a strategy for success. At the very minimum, one should consult with a qualified DWI/DUI defense attorney to better understand the situation and options going forward.
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October 6, 2012

One More Reason How a New Jersey Drunk Driving Conviction Can Complicate One’s Life

by Jonathan F. Marshall

Anyone who follows the local news in the Garden State is not a stranger to the literally dozens of DWI arrests that occur every week across the state. As defense attorneys who specialize in drunken driving and drug DUI cases, we know how an otherwise law-abiding citizen can be caught up in a DWI following a night out with friends or after a romantic evening at a nice restaurant. Nobody expects, or welcomes, a drunk driving summons, much less a night spent in a county or municipal jail, but unfortunately it happens all the time.

If one considers the many and varied scenarios that can ultimately lead to a court appearance for driving while intoxicated, there is always a chance that a drive may be pulled over for violating even the most minor traffic law and then find himself being tested for blood-alcohol content (BAC) or drug use. If decades anti-drunken driving campaigns have taught us anything, it is that the courts, law enforcement and the public at large have next to no tolerance for any driver who operates his or her vehicle while impaired due to alcohol, prescription drugs or illegal substances like marijuana and cocaine.

Under current state law, a person convicted of their first drunk driving offense MAY be required by the court to have an ignition interlock device (IID) installed on their vehicle in order to prevent a driver from starting his or her car if their BAC is over 0.05 percent. However, if that first DWI conviction was based on a proven BAC of 0.15 percent or more, then the law mandates installation of an IID during the period of license suspension as well as 6-12 months following restoration of their driving privileges. On a second or third conviction for a drunken driving offense the same applies, except that the device must remain installed from one to three years following restoration of that individual’s driver’s license.
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September 24, 2012

Loose Pets In-vehicle Equivalent to Driving Drunk? Proposed NJ Legislation Aims at Fido’s Deadly Distractions

by Jonathan F. Marshall

We rarely if ever go off-topic, but the latest move in the fight against distracted driving accidents will likely garner the attention of many people around the Garden State. The issue is how and where one’s pet is situated in the family sedan, SUV or minivan. How does this even apply to driving while intoxicated? Well, just the proposed fines for having a free-roaming pet in your car may be reminiscent of the various fines, fees and other monetary penalties for those convicted of driving under the influence.

As New Jersey drunken driving defense lawyers, I and my colleagues have decades of experience in helping motorists who have been accused of DWI or drug DUI. In addition to campaigns against drunk driving, what we have seen over the past few years is more and more focus on distracted driving. As has been previously stated, distractions to the driver, according to police agencies and safety experts, can be almost as bad, if not worse, than operating a motor vehicle while impaired by alcohol or prescription medications.

Hands-on cellphone use, especially texting, while driving a car or truck has been a primary focus of recent legislation across the nation, but experts apparently agree that most any type of distraction within the passenger compartment of a moving vehicle is a potential source of trouble in terms of causing serious traffic accidents, serious bodily injury and even death. Never mind the usual disruptions of the radio, screaming children, chatty relatives or just plain old preoccupation with problems at work, school or interpersonal relationships, now pets are the target of the safety lobby.
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September 8, 2012

Drunk Driving in the Garden State: Understanding Why Police Conduct BAC Testing

by Jonathan F. Marshall

Every now and again we are asked by clients and acquaintances alike what it is like to be arrested for drunken driving and if there are any tricks to avoiding being arrested for DWI. Quite frankly, the biggest trick — tried and true — is simply not to drink any liquor or use any drugs prior to getting behind the wheel of a motor vehicle in New Jersey. State and local law enforcement officers here in the Garden State are well known for their tenacity when performing a traffic stop that appears to be the result of drinking and driving.

This is not to say that a patrolman can just pull any motorist over on the merest suspicion that the individual has been drinking. It is a major part of our drunk driving laws that a policeman may not stop a driver simply on the assumption that the driver has consumed alcohol recently. In order for a driver to be stopped in any circumstance, the officer must witness a traffic infraction on the suspect’s part. But this can be something so minor, so inconsequential, that even failure to signal a turn or “rolling” through a stop sign without coming to a complete stop can set the stage for a police stop and a possible DWI arrest.

As New Jersey DWI-DUI defense lawyers, we can easily say that if a driver has not been drinking, then a routine traffic stop could end with a little as a warning, or perhaps the patrolman issuing a ticket for the infraction(s). But, should a driver exhibit any of the so-called typical signs of intoxication or impairment, then it could turn out to be a long day at police headquarters for that unlucky driver. This is why, and despite sounding flip, we always advise people not to have a drink if they plan to drive anywhere. Besides the statistical danger of injury, it’s just not worth the chance of being arrested and charged with driving under the influence of alcohol.
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September 2, 2012

New Jersey Woman’s Body Jewelry Interferes with Morris County Drunken Driving Case

by Jonathan F. Marshall

It’s not every day that one can say that a piece of clothing or jewelry helped them get out of a tight legal spot, but that was the gist of a case against a New Jersey woman, who is now able to say her tongue stud helped her out in a Morris County courtroom earlier this year. As New Jersey drunk driving defense attorneys, I and my colleagues are dedicated to helping those Garden State motorists who have been accused of DWI, drug DUI, breath test refusal and other drunken driving-related offenses.

In the aforementioned case, the motorist’s DWI lawyer was able to use the law to his client’s advantage and reduce the potential penalties she was facing if convicted of the initial charge of driving while intoxicated. Although this may not be cause for drivers to get their own body modifications, it certainly points up the importance of having a qualified DWI defense lawyer at one’s side; surely it is an example of why it’s always a good idea to consult with a legal professional prior to walking into a courtroom to defend oneself against a DWI or drug DUI charge.

According to news articles, 29-year-old Kara Nelson was stopped by police along a stretch of Rte 46 for an apparent routine traffic offense earlier this year. Police reports indicated that Nelson was pulled over around 2am on January 14. During the traffic stop the patrolman in charge, Officer P. Ottavinia, must have noticed signs of intoxication and requested Nelson to perform a number of standardized field sobriety tests, which apparently indicated that the driver was impaired to some degree.
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August 21, 2012

Penalties Associated with a DWI Conviction are Significant and Costly for Many New Jersey Drivers

by Jonathan F. Marshall

Look at the headlines any day of the week and one can see the volume and frequency of drunken driving arrests here in the Garden State. Is it just us, or do we just have bad luck when it comes to being charged with driving under the influence? Probably a little of both, but one thing is for certain, in a state as densely populated as New Jersey, there is bound to be a large number of any legal offense, civil or criminal. As New Jersey DWI defense attorneys, we fully understand how almost any driver can become a statistic of law enforcement.

This is not to say that we condone drunk driving, but we do know that law of averages suggests a certain percentage of motorists accused of drinking and driving are not going to be convicted, whatever the reason. For those who may think it’s worth the gamble, we would be inclined to dissuade those individuals of any notion that they can drink any alcoholic beverage and get away with it. Too many people have seemed to make a career of being arrested for DWI or drug DUI, and the results are not usually good.

For one, the penalties for repeat offenders can certainly add up. And this doesn’t include the car insurance premium increases mandated by law for first- second- and multiple-time offenders who are convicted of operating a motor vehicle while intoxicated by liquor or prescription drugs. Never mind the associated penalties and related costs for individuals who are arrested, charged and convicted of impaired driving by a controlled dangerous substance (CDS), such as meth, cocaine, marijuana and other illegal drugs.
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August 17, 2012

New Jersey Residents Split on Criminalizing DWI in the Garden State

by Jonathan F. Marshall

While the New Jersey’s state police and local PDs run pretty heavy drunken driving patrols from time to time, here in New Jersey the laws on drunken driving treat a DWI as a vehicle violation or civil offense. Unlike other surrounding states, our has yet to criminalize the mere act of driving while intoxicated. Of course, things can get much more involved when property damage or personal injuries are involved, so there is a fine line that a DWI or drug DUI defendant must be aware of.

As New Jersey drunk driving defense lawyers, I and my team of experienced defense attorneys know full well that an arrest for operating a motor vehicle while under the influence is not the same as a conviction. When it comes being convicted of DWI, it would appear that a significant percentage of the public would prefer that even a first-time offender face the same penalties as any criminal. Others feel that lumping convicted DWI offenders in with common criminals is perhaps excessive.

A non-scientific poll conducted by the editors of Patch.com illustrated the divide between those who would criminalize drunken driving offenses and those who feel drivers need at least some leeway, especially when it comes to first-time offenses. Naturally, many people are swayed by the headlines of hundreds and even thousands of innocent people killed by drunken drivers across the nation every year. And as of last May, New Jersey lawmakers have begun to look into the possibility of creating legislation to keep those arrested for repeat DWI off the road at least until their case is heard in a court of law.
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June 7, 2012

Could Cellphone Use While Driving Become as Reviled as DWI in New Jersey?

by Jonathan F. Marshall

We’ve discussed this topic before, but an editorial earlier this year got us thinking a bit more on the potential for future “Phoning-while-driving” (PWD, perhaps?) legislation. Some may laugh, but stranger things have happened in the name of traffic safety. While we understand the potential dangers of distracted driving, could things get so bad that New Jersey lawmakers might decide to stiffen the penalties for drivers who use their cell phones on the road? To the point of equating talking on the phone with that of intoxicated driving?

As New Jersey DWI defense attorneys, I and my colleagues have represented dozens upon dozens of individuals over the years for all manner of alleged offenses, not the least of which is driving under the influence and even drug DUI. Many of these accused motorists believed they were innocent of the charges. And while some may have been guilty, each and every one of them deserved the opportunity to have his or her day in court.

Over the past few years, cell phone usage has given rise to public concern over the relative safety of traffic when a driver may be distracted by a phone conversation. Texting while driving is already prohibited here in the Garden State, as well as in 36 other states across the nation. Although some might feel that the dangers of cellphone and smartphone use are overblown, editorials like the one we encountered can lead to those in power considering the need for legislation to protect the masses.
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