DWI Law and Legislation

May 25, 2012

Is 0.08 Percent BAC THE “Magic Number”? Some New Jersey Motorists Have Been Arrested for Less

We’ve echoed this bit of information numerous times in this venue, but we’ll say it again; it makes little difference whether a driver is arrested or charged with driving under the influence of alcohol in Bergen, Passaic, Hudson or Ocean County, consequences of a DWI or drug DUI conviction are the same anywhere in New Jersey. In fact, here in the Garden State, an arrest (much less a conviction) for drunk driving can have a seriously negative impact on come individual’s personal and professional relationships.

Having said this, it is certainly important to remind everyone that being arrested and charged with DWI or drug DUI is different from being convicted of same. As New Jersey drunken driving defense lawyers, I and my staff of experienced DWI attorneys make it our job to represent those people who have been accused of driving while intoxicated or impaired by prescription medication and even illicit drugs like cocaine and marijuana.

DWI Monetary penalties aside, few people if any welcome a DWI or drug DUI conviction on their record. Given the choice, most people will fight a drunken driving charge; however, there are those who feel it is hardly a difficult task to defend themselves in court. But it is important to add that those who do choose to go it alone take a chance without proper representation.
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May 14, 2012

Could a Few Drinks After Work Lead to a Strip Search in the County Jail?

by Jonathan F. Marshall

As if otherwise law-abiding citizens didn’t already have enough to worry about if they are arrested for driving while intoxicated now motorists can face being strip-searched as well. We’ve spoken on numerous occasions how a drunk driving arrest — or worse, a conviction — has the potential for personal humiliation in the local community, at one’s job and even within one’s own family. Personal relationships, careers, and reputations have been ruined as a result of a DWI or drug-related DUI.

But the recent ruling by the U.S. Supreme Court last month has opened up new possibilities for individuals arrested and incarcerated following a drunken driving arrest. While some may laugh, could it be such a stretch to imagine an average citizen, perhaps coming home from an evening get-together at the local bar with colleagues and friends, ending up arrested for drunk driving and ultimately being strip-searched prior to spending a night in the local jail? All we can say is, The truth can certainly be stranger than fiction.

Of course, we wouldn’t even be talking about this potentially embarrassing scenario if it wasn’t for the fact that the U.S. Supreme Court ruled that anyone in police custody can be strip-searched without, apparently, violating their constitutional rights. As New Jersey DUI defense lawyers, we have said for years that the stiff monetary penalties defendants face in the wake of a DWI conviction are just one aspect of the entire drunken driving arrest scenario. Now drivers have even more to worry about if they have had a little too much to drink.
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April 21, 2012

DWI Defense Update: Breath-test Refusal can be a Double-edged Sword in Drunken Driving Cases

by Jonathan F. Marshall

You see it quite often in the news: “Driver charged with DWI and breath-test refusal.” But what is “breath-test refusal” and what does being charged with refusal really mean? On the face of it, it seems that some motorists arrested for driving under the influence simply decide not to let the police measure the percent of alcohol concentration in their bloodstream. Simple, right? Well, not that simple.

It certainly appears that refusing a breath test robs the police of what can be some relatively strong evidence. And one could say that this is a strategy many people adopt on the spot when arrested for driving while intoxicated. The trouble is, when the time comes to fight the inevitable DWI charges, the defendant now has at least two charges against him or her: the original drunk driving charge AND the breath-test (or blood-test) refusal charge.

As New Jersey DWI defense lawyers, I and my colleagues are asked by acquaintances and clients alike, “Is there any consequence to refusing a breathalyzer or blood test?” The answer is not what everyone may be hoping for, especially since there are no “Get Out of Jail Free” cards in the real world.
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April 3, 2012

Monmouth County DWI News: Jersey Driver Faces Felony Charges after Out-of-State Drunk Driving Arrest

by Jonathan F. Marshall

You can be sure that state and local police here in the Garden State have next to no tolerance for drunken driving on public roads; and neither does our court system. Besides the potentially embarrassing and career-changing arrest for driving while intoxicated, there is also the probability of being convicted of DWI, which itself has penalties that make this a traffic offense worth avoiding if at all possible.

Another thing that police and others in the judicial system find abhorrent is drivers who drive under the influence of alcohol while a child is riding in the same vehicle. Aside from actually causing an accident while legally intoxicated, having a minor along for the ride is probably up there on the list of things not to do.

While a drunk driving arrest or conviction may ruin a career or set one back in the running for a higher position at work, driving drunk with one’s child, a friend’s kid or some neighbors’ children can result in a parent being ostracized by an entire community. Depending on how forgiving one’s spouse is, a marriage could easily be at stake as well.
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April 1, 2012

New Jersey Drunken Driving Defense News: Another Zamboni Driver Arrested for DWI “On the Ice”

by Jonathan F. Marshall

It would seem that, at least for once, it may have been better to be arrested for drunken driving here in New Jersey than in another state. Now, we say this mostly with tongue firmly in check, since the defendant in a recent out-of-state drunken driving case happens to be a Zamboni driver who was working the ice for a peewee hockey game when he was picked up for DWI.

For this particular individual, maybe he should have been grooming a hockey arena in the Garden State instead of for the Apple Valley Parks and Rec Department in Minnesota. The reason? New Jersey has already set a “precedent” in cases pertaining to driving a Zamboni under the influence of alcohol (would that be “DZUI”?).

Seriously, as New Jersey DWI defense attorneys, we know it’s no joke when a motorist receives a summons for driving while intoxicated, operating a vehicle under the influence of prescription drugs (drug DUI), or refusing to take a breathalyzer test. All of these offenses carry with them strict penalties for the accused if a conviction is secured against a defendant. The important thing to understand is that when a driver is taken into custody and charged with impaired driving, the consequences, legal or otherwise, could be severe and long-lasting.
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March 26, 2012

Will Distracted Drivers Join Ranks of Drunken Drivers in New Jersey Courtrooms

by Jonathan F. Marshall

Although we ourselves, do not rely a crystal ball to tell us what will happen in the legal world, there certainly has been a fair amount of discussion by safety experts and legislators regarding the dangers of distracted driving. One could say that this conversation has been taking on the tone of anti-drunken driving proponents several decades ago.

As New Jersey DWI defense attorneys, my firm has decades of collective experience in representing motorists accused of drunk driving, drug DUI (prescription meds and illegal substances, such as marijuana and meth), breath-test refusal and other impaired driving offenses. It goes without saying that anyone convicted of DWI or drug DUI will likely face stiff monetary penalties, insurance surcharges and even jail time; even for first-time offenders, license suspension is not beyond the realm of possibility.

As we have mentioned previously in this forum, driving while distracted could possibly become the DWI of the 21st Century. With the number of injuries and deaths mounting from accidents involving texting on cellphones and ever-expanding smartphone use while driving, it would not be surprising to see some state legislatures push hard for in-vehicle cell- and smartphone bans.
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March 22, 2012

NJ Drunk Driving Update: Before a DWI Conviction, Prosecutors Must Prove Guilt — Part 2

by Jonathan F. Marshall

As we’ve previously discussed in this forum, being caught for driving drunk is a serious situation that can lead to harsh penalties and fines, not to mention potential jail time and long-term driver’s license suspension. While most motorists in the Garden State know that a DWI arrest, much less a conviction, can be fraught with troubles for the individual accused of driving while intoxicated.

I and my colleagues, as New Jersey DWI defense lawyers, know that the loss of driving privileges can, by itself, be a serious burden. Not just on an individual, but also on his or her family and friends. Of course, it’s easy to understand that someone who hasn’t been through an ordeal like a drunken driving arrest and trial might not appreciate the extensive downside to the entire experience.

Once a driver is arrested, charged and processed into the system, a pre-trial hearing date is usually set, during which the defendant will either plead guilty or not guilty. If one employs a qualified DWI attorney, then typically the pre-trial can be waved since the defendant’s lawyer will enter a plea of not guilty on the behalf of his or her client. After that, assuming a not guilty plea is entered, a new date is set for the actual drunk driving or drug DUI trial.
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March 18, 2012

New Jersey Driver Fails on Appeal of Drunken Driving Conviction on Jurisdictional Grounds

by Jonathan F. Marshall

No driver who lives or works in the Garden State needs to be told that being charged with a DWI offense can lead to harsh penalties if one is convicted for drunk driving. With all the hoopla over enhanced enforcement, saturation patrols and sobriety checkpoints, one would have to be living under a rock for the past couple decades to understand that police and the courts are not too sympathetic toward motorists caught driving drunk.

This only goes to show that with the potential fines and surcharges, not to mention other penalties, there is no reason not to contact a qualified DWI defense attorney following a drunken driving arrest. As New Jersey DUI-DWI defense lawyers, I and my staff are trained to represent individuals accused of driving while intoxicated by beer or hard liquor, prescription medications or illegal drugs (drug DUI).

It goes without saying that motorists who face severe penalties — such as mandatory license suspension and $4,000 or more in monetary penalties and insurance surcharges, among others — will usually want to fight the charges. And while not all DWI cases end well, there is always the appeals process, which is usually available to defendants who wish to contest a lower court ruling.
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March 13, 2012

New Jersey Motorists: Think Twice Before Driving Under the Influence of Drugs or Alcohol

by Jonathan F. Marshall

Being hit with a drunken driving summons in New Jersey is not as rare as some may think. One of the more foolproof methods of avoiding DWI charges is, actually, not drinking and driving at all, period. But even drivers who haven’t had a drop of liquor or beer have been know to be arrested for impaired driving; usually because of prescription drugs or use of an illegal substance, such as cocaine or marijuana (drug DUI).

Frankly, with the number of police patrols out and about on Garden State roadways, there is a high probability that someone, somewhere will be arrested for driving while intoxicated today, tomorrow and the next day. As New Jersey DWI defense lawyers, our job is to represent individuals who have been accused of drunk driving, sometimes falsely, in a court of law.

Under the New Jersey statutes, a motorist can be charged with a number of offenses pertaining to alcohol consumption. These include driving while impaired by beer, wine or some other intoxicating substance, driving under the influence of drugs or doctor-prescribed medication, and even refusal to undergo a breathalyzer test.
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March 6, 2012

Legal Defense Update: Not Every Drunken Driving Arrest in New Jersey Results in Similar Penalties Post-conviction

by Jonathan F. Marshall

A DWI is a DWI is a DWI, right? Well, not exactly. Here in the Garden State, people generally understand that an arrest for driving under the influence of alcohol can lead to severe monetary penalties. But what many motorists do not realize — until they have actually gone through the process of being tried for a DWI offense — is that drunken driving arrests come in varying degrees of severity, vis-à-vis penalties.

As New Jersey drunk driving defense attorneys, I and my staff of experienced DWI lawyers possess a deep understanding of the legal statutes that define this state’s anti-drunken driving law. Local and state police also know the law, too, and every day along our highways and byways, they make quite a concerted effort to secure arrests of individual drivers who, in their eyes, violate New Jersey’s strict DWI traffic laws.

For starters, every drunk driving defense lawyer in this state should know that driving while under the influence of beer, wine or hard liquor can result in severe penalties as defined in the New Jersey DWI statute, known in legal circles as N.J.S.A. 39:4-50. This set of criteria state the following in no uncertain terms:
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