DWI Law and Legislation

November 27, 2011

Arrested for Drunken Driving? What Jersey Drivers should Know about Blood-Alcohol Testing, Other DWI Evidence

It’s probably a good bet that until a driver is arrested for driving while intoxicated (DWI) he or she has not given much thought to the process of being arrested, much less the penalties associated with a drunken driving conviction. Frankly, being stopped for a traffic violation here in the Garden State is quite common; being charged with driving under the influence is slightly less common, but a definite possibility if that motorist has recently had a drink before being stopped.

Understanding the process of a DWI or drug DUI arrest is important, since many things have to happen between the initial traffic stop and a full-blown conviction for drunk driving. First of all, it’s never a bad idea to consult with a qualified legal professional regarding such an arrest or summons.

Hiring an experienced New Jersey DWI defense lawyer is something that every person accused of DWI or DUI must make himself. Can an attorney make a difference? Generally this is expected, but the outcome of any drunk driving case is based on a number of factors, including the amount and type of the evidence against the driver.

However, with the potential of still fines and even loss of one’s driver’s license, understanding one’s situation is very important to getting through the process with the best outcome possible. Even for first-time offenders there is the possibility of jail time — depending on the circumstances — on top of heavy fines and other assessments, such as increased insurance auto premiums.
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November 19, 2011

NJ Drunk Driving News: New Jersey Drivers Convicted of DWI Can Face Severe Driving Restrictions

by Jonathan F. Marshall

With the economy still faltering and many people in counties like Atlantic, Middlesex and Monmouth have been seeking cheaper means of transportation, from public transportation to more personal modes of getting around, those motorists arrested or already convicted of driving while intoxicated have an added hurdle. As New Jersey drunken driving defense lawyers, I and my legal staff understand the implications of a drunk driving arrest, not to mention a potential conviction for operating a motor vehicle under the influence of alcohol or prescription drugs (drug DUI).

With the approach of winter weather, it’s difficult to imagine riding a bicycle or motorcycle to school or work, but for some there is little alternative, save walking. Anyone caught driving while impaired by alcohol, doctor-prescribed medication or even illicit drugs, such as marijuana or cocaine, have the added complication of being barred from driving a motor vehicle for months or even years.

Weather conditions not withstanding, some may think that a bike would be the perfect alternative, and it sometimes is, though much slower than a car or bus. Because of this, some people have turned to a quicker although slightly more expense alternative to the typical bike.

November 12, 2011

NJ Legal Defense: Penalties Abound for Garden State Motorists Convicted of Driving While Intoxicated

by Jonathan F. Marshall

Being stopped by the police here in New Jersey for a traffic-related offense is not uncommon, nor out of the ordinary. With more than eight million residents and a population density of nearly 1,200 people per square mile, the odds of someone you know getting a traffic ticket in the next 12 months is actually quite high. What many people do not expect, when their “time” comes, is that they could also receive a summons for DWI as well.

The fact of the matter is, anyone who takes a drink prior to hitting the roads anywhere across the Garden State runs the risk of being arrested for drunken driving. Not that every driver who gets pulled over for a broken taillight or cracked windshield will be charged with driving while intoxicated, but the chance does exist. The odds of being accused of driving under the influence rises with the amount of beer, wine or hard liquor one may have consumed before getting behind the wheel.

As New Jersey DWI defense lawyers, I and my colleagues have extensive experience representing motorists who have been arrested for drunken driving, as well as drug DUI. Drug DUI, it should be explained, is similar to DWI, except it applies to an individual who is suspected of operating a motor vehicle while under the influence of prescription medication or illicit drugs. Marijuana, cocaine and crystal meth come under the latter heading.

Whether you live in Hudson, Essex, Passaic or Bergen County, if you are convicted of DWI or drug DUI, severe penalties can be attached to that conviction. Someone who has been issued a traffic ticket or a summons for DWI, DUI or breath test refusal, is well advised to contact a qualified legal professional to better understand his or her rights, as well as familiarize themselves with the potential fines and fees associated with a drunken driving conviction.
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November 6, 2011

Bergen County Drunken Driving Defense Update: Legal Process of a New Jersey DWI Case

by Jonathan F. Marshall

Being arrested for driving under the influence of alcohol, prescription medication (drug DUI) or an illicit drug/controlled dangerous substance (CDS), such as marijuana, cocaine or heroine, is just the beginning of a journey that will take a defendant from drunken or impaired driving charges all the way through to a possible conviction and sentencing (including fines and other penalties).

As New Jersey drunk driving defense lawyers, I and my staff of experienced DWI attorneys understand very well the laws that pertain to driving while intoxicated her in the Garden State. Whether one is stopped in Monmouth, Atlantic, Passaic or Middlesex County, the process and procedures for a DWI or DUI case are more or less the same. Following the arrest and pressing of charges, it should be obvious that most individuals will want to talk to a qualified legal expert in this area of the law.

While the local procedures and customs vary from municipality to municipality, the overall process covered here is generally what any driver accused of DWI, DUI, breath test refusal or other drunken driving-related charges can expect to go through. Naturally, if you are currently charged with drunken driving and have a court appearance set for the future, it is advisable to consult with an experienced attorney to better understand your rights up front.

Following an arrest for driving under the influence of beer, wine or hard liquor, a New Jersey motorist can expect to be arraigned. An arraignment proceeding is typically the defendant’s first court appearance before the court to hear the charges against him or her. If the defendant has secured counsel before the arraignment date, usually the appearance can be waived pending a pre-trail conference. If the defendant is going it alone, then an appearance before a judge — for his or her arraignment — is mandatory.
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September 30, 2011

Monmouth County Drunken Driving Update: Rude Wake-up Call for New Jersey Motorists Arrested for DWI

by Jonathan F. Marshall

It’s safe to say that the majority of drivers in the Garden State have never been arrested for drunken driving; that said, it’s also a fair bet that many of these individuals do take a drink from time to time. What may come as some surprise to a lot of people is that one needn’t be a heavy drinker to be charged with drinking and driving. What only needs to happen is for that motorist who just left a party, maybe with a beers or two under his belt to be unlucky enough to catch the interest of a local patrolman after forgetting to signal a lane change, or other minor traffic law.

Here in Bergen County, one can also run afoul of the law by having a drink or two at a local pub and then happen upon a random DWI roadblock (also referred to as a sobriety checkpoint). In such cases, depending on the driver’s level of inebriation a police officer may ask that the suspect step out of the vehicle and perform a few relatively simple field sobriety tests. If circumstances are right, it’s possible that the motorist might end up being arrested and charged with DWI.

A breath test, using a breathalyzer machine or Alcotest device, may return a blood-alcohol content (BAC) level that meets or exceeds the legal limit for drunken driving, namely 0.08 percent. As New Jersey DWI defense lawyers, I and my staff meet dozens of people every month who have been charged with driving under the influence of alcohol or prescription medication (otherwise known as drug DUI). Some of these people likely believe that they were not impaired at the time of their arrest.

For first-time drunk driving offenders, or should we say, first-timers accused of driving while intoxicated, we understand how shocking, unnerving and embarrassing such an arrest can be. To put it mildly, it can be a rude wakeup call for many people.
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September 16, 2011

NJ Drunk Driving Update: DWI Checkpoint, Sobriety Roadblock Alerts on Twitter, Facebook Raise Some Ire

by Jonathan F. Marshall

As a practicing New Jersey drunk driving defense attorney and former municipal prosecutor, I understand the importance of individual rights and how those rights and personal freedoms are protected by the Constitution of the United States. I also know that technology continues to push the envelope of what is considered acceptable regarding free speech and free expression.

Living in such an technologically advanced, diverse and informed society, it doesn’t come as much of a surprise to read of the concerns voiced by many individuals regarding the varied uses for which social media are being employed. At this point, we would have to say that this is a complex subject that likely will take years to be fully resolved.

What is clear is that there are many people, law makers and politicians included, who are concerned about how some individuals are using their smartphones and social media sites to communicate instantly the existence of drunken driving roadblocks and sobriety checkpoints, as well as speed traps and other aspects of law enforcement activities. It’s no surprise that these channels of communication are highly successful at keeping people up-to-date on all issues, not just DWI enforcement zones; just take a look at the massive changes that have taken place in Middle East, which surely have been facilitated by social media.

According to a recent editorial, there may be a group of people who would like to imprison those who use Facebook and Twitter to publish warnings as to the whereabouts of drunk driving roadblocks. Is this a legitimate concern? Perhaps. However, law enforcement agencies are already required by law to publish the locations of these DWI and sobriety checkpoints in advance. It would be hard to say that a Twitter or Facebook user was revealing secret or sensitive police information.
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September 14, 2011

New Jersey Legal Defense: Key Steps in a Typical Garden State DWI Case

by Jonathan F. Marshall

One of the more common questions that DWI defense attorneys get asked by potential clients is the particular order of events as an impaired driving case moves through our state’s law enforcement and judicial systems. Naturally, any DWI or DUI case begins with the driver being pulled over by a police officer for some other traffic offense, which could be as minor as a broken taillight. But that’s just the beginning of a long and potentially costly process.

Whether the violation occurs in Hudson, Mercer, Ocean or Monmouth County, the initial stage of a drunken driving case entails the suspect being stopped by a patrolman usually for a typical traffic violation, such as defective vehicle equipment, inability to maintain a lane (i.e. crossing over the lane markings besides that of changing lanes). To be a valid, this traffic stop should be for a legitimate violation in which the patrolman has “reasonable suspicion” that a motor vehicle violation has been committed.

Based on the New Jersey Supreme Court case, State v. Carpentieri, the officer or patrolman who pulls a motorist over must have an articulable and reasonable suspicion that a traffic law violation has occurred in order for subsequent DWI charges to be legally valid. But this is only the first qualification, as once a driver is pulled over the officer needs to have “probable cause” to believe the driver has been operating that vehicle while under the influence of alcohol or is otherwise impaired by an intoxicant, prescription medication, or other substance, such as marijuana.

September 9, 2011

Legal Defense Brief: Defining Impairment for Drunken Driving Cases in New Jersey

by Jonathan F. Marshall

Here in the Garden State, a motorist can be pulled over for any number of traffic violations including excessive speed, failure to maintain one’s lane, improper use of turn signal and even defective vehicle equipment, such as a broken taillight or burned-out headlamp. It’s not that these are unusual violations, but each of them, and many others, may open the door to other potentially more serious impaired driving charges.

Whether at happens in Bergen, Essex, Ocean or Passaic County, once a patrolman has stopped a driver for one or more of the aforementioned violations, if that officer has reason to suspect that the driver of that vehicle may be drunk or otherwise intoxicated due to the consumption of beer, wine or hard liquor, there is a good chance that the patrolman will ask the motorist to step out of the vehicle and perform one or more of the standardized field sobriety tests. If the officer is satisfied that a suspect is likely drunk, impaired or otherwise driving under the influence, police headquarters may be the next stop for a breathalyzer test.

Here in New Jersey, determining is motorist was operating a motor vehicle while impaired by alcohol, involves measuring the driver’s blood-alcohol content (BAC). As New Jersey drunk driving defense attorneys, I and my staff of experienced DWI defense lawyers have handled numerous kinds of drunken driving cases over the years. Ay least for the state, establishing that a defendant’s BAC is above the legal limit (of 0.08 percent) is a key piece of evidence for the prosecution’s case against many drivers accused of DWI.

Of course, the law states that if a person who operates a car, truck, SUV or other motor vehicle is determined to have a BAC of 0.08 percent or more, that person can be found guilty of drunk driving — also known as driving under the influence of alcohol, or more commonly, driving while intoxicated (DWI).

The abbreviation, “BAC” refers to the amount of alcohol in the bloodstream of a drunken driving suspect. It is important to understand that, while New Jersey law makes reference to 0.08 percent BAC as the legal limit, a motorist can still be convicted of intoxicated driving even if his BAC measurement is actually below the 0.08 percent limit.
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August 8, 2011

NJ Legal Defense Update: Might Seatbelt Use Actually Help Drivers Avoid a DWI-DUI Arrest?

by Jonathan F. Marshall

There’s nothing conclusive, but recent news regarding safety belt usage in the Garden State might have some people wondering if increased belt usage is good for reducing drunken driving arrests as well. Of course, there likely very little direct correlation between wearing a seatbelt and being stopped by a police officer for any number of other, traffic-related violations, such as driving under the influence of alcohol or prescription drugs (drug DUI). Yet, with more people every year wearing safety belts, police may have less reason to pull drivers over for violating this primary offense law.

As New Jersey DWI defense attorneys, I and my staff of experienced DWI lawyers know that one of the ways an individual can be issued a summons for driving while intoxicated from beer, wine or hard liquor is violating any one of dozens of other traffic laws. From seemingly minor violations like a broken tail lamp lens, to more serious offences like running a stop sign or speeding, there are a multitude of reasons why a New Jersey State Police trooper or local municipal patrolman might stop a motorist on the highway. Once stopped, a driver who exhibits signs of inebriation could find himself on the receiving end of a drunken driving summons.

Whatever the cause of the initial traffic stop, a DWI or marijuana possession conviction could spell the end of a promising career or marital relationship. Recent news reports suggest that more people are wearing their safety belts when driving, which means fewer seatbelt-related violations and, by association, fewer traffic stops. It could also be that those individuals who choose to drive drunk, or even those who may not realize they had a bit too much to drink at that family reunion, are belting up as a matter of course and avoiding one of the reasons that police can use to pull a driver over.
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July 31, 2011

NJ Drunken Driving News: Could Boosting Fines for Stay-Right Traffic Law Increase DWI Arrests?

by Jonathan F. Marshall

It should come as no surprise that many drunk driving arrests arise from another, sometimes simple, traffic violation. Whether or not a driver is pulled over in Union, Passaic or Somerset County, a traffic stop can result from something as seemingly minor as a failure to signal a lane change. But once that motorist has been pulled over for a small traffic infraction, the officer in charge has the opportunity to examine the driver for signs of intoxication.

As New Jersey DWI-DUI defense attorneys, I and my staff of experienced drunk driving defense lawyers understand what goes into making a successful DWI conviction, or an acquittal. As a former municipal prosecuting attorney, I have worked the other side of the aisle, which gives me additional insight into the strategies and tactics that the state uses to attain a conviction.

Of course, the process all starts out on the street, typically after the aforementioned and, for the officer, routine traffic stop. While a percentage of DWI arrests stem from sobriety checkpoint encounters, most can be said to take place when a patrolman observes a violation in progress. One of the potential violations is not keeping to the right, except to pass.

While it is difficult to know how often State Police and local patrolmen see a vehicle not adhering to the stay-right law and don’t stop that car or truck, it’s a fair bet that where there’s money to be made (read: increased fines), there is potential for increased enforcement.
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