DWI Law and Legislation

January 26, 2011

New Jersey Driver Convicted of Drunken Driving Following Arrest at a Bergen DWI Checkpoint Loses Appeal

Sobriety checkpoints, also known as drunk driving roadblocks, can be the source of many drunken driving arrests. For many drivers, being arrested for driving under the influence of alcohol or prescription medication, even illicit drugs or CDS (controlled dangerous substances), can begin a chain of events that can lead to a DWI or drug DUI conviction.

Penalties for driving while intoxicated in the Garden State can not only put a dent in one’s wallet, but can also lead to jail time depending on the circumstances or if the defendant already has previous DWI convictions under his or her belt. In some cases, an appeal can be mounted, which can either overturn a lower court’s decision or reduce the penalties associated with the original conviction.

Sometimes, however, an appeal can be turned down based on the facts of the case. One such example of a failed appeal is the case of New Jersey v. Robert Brembt. Decided last year, this particular case involved the conviction of Mr. Brembt by a Bergen County court. Court records show that Brembt’s appeal was based on his contention that the sobriety checkpoint at which he was arrested for DWI violated the standards set forth in the 1985 case of State v. Kirk.

Brembt was initially stopped at a DWI checkpoint on a stretch of Wyckoff Ave. in Waldwick Twp on May 24, 2008. The stop occurred just before 1am, at which time an officer approached Brembt’s vehicle and observed that the defendant’s eyes were “glassy and watery.” The patrolman also reportedly saw two open beer cans in the vehicle, as well as smelling alcohol on the man’s breath.

The officer asked Brembt to recite the alphabet, count backward, and perform other field sobriety tests. Based on defendant’s performance of these tests, police concluded that Brembt was impaired due to alcohol and arrested him at the scene. He was charged with DWI in a school zone, having an open alcohol container in his vehicle, and reckless driving.

Brembt and his attorney filed a motion to suppress arguing that the sobriety checkpoint did not meet the State v. Kirk requirements. However, the lower court conducted an evidentiary hearing and denied the motion. As a result, Brempt entered a conditional plea agreement, in which he reserved the right to appeal the denial of his motion to suppress. He then pled guilty to DWI, while the other charges were dismissed. The man was sentenced 48 hours in the Intoxicated Driver Resource Center (IDRC) and a month’s worth of community service. His driver’s license was and vehicle registration was suspended for two years, and fines and penalties were imposed.

While a sobriety checkpoint or DWI roadblock is considered a seizure within the meaning of the Fourth Amendment to the United States Constitution, as well as Article I, paragraph 7 of the New Jersey State Constitution, State v. Kirk does not require police to show probable cause when stopping any individual motorist, however it does require that the police show some rational basis for deploying that kind of enforcement technique.
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January 2, 2011

NJ Legal Defense Update: Understanding Drunk Driving Arrests Occurring at Sobriety Roadblocks

by Jonathan F. Marshall

Understanding the circumstances that can lead to a drunken driving arrest can be useful for motorists who may find themselves in such a DWI-related traffic scenario. By knowing what happens in the case of a sobriety roadblock, also known as a drunk driving checkpoint, may help some individuals prepare for the subsequent steps leading to a potential DWI arrest.

As a New Jersey DWI defense lawyer serving residents of Monmouth, Union, Somerset and Hudson County, as well as other parts of the Garden State, I know that knowledge is power. Where the law is concerned, this is doubly so especially where a drunk driving arrest or summons is concerned. Regardless of the reason for a DWI arrest — be it excessive alcohol consumption, a bad reaction to prescription medication (drug DUI), or illegal drug or marijuana use — being pulled over by a New Jersey state trooper or municipal police officer can be the first step of a costly and potentially damaging drunken driving conviction.

The fairness of sobriety roadblocks has been argued for many years now. Numerous clients question the use of these checkpoints as a means of charging motorists with driving under the influence of alcohol or other intoxicating substances. The reaction of many people caught at a roadside sobriety checkpoint is not surprising given the seemingly random nature of this kind of law enforcement tool.

Because of this, and not unexpectedly, the state of New Jersey has rather technical procedures in place that safeguard against unreasonable detention and seizure stemming from these kinds of DWI roadblocks. From a legal standpoint, the constitutionality of police roadblocks was addressed in a U.S. Supreme Court case in 1979.

Known as Delaware v. Prouse, the Supreme Court held that it was unconstitutional to stop and detain a driver absent articulable suspicion that a driver is unlicensed, that the automobile he or she is operating is unregistered, or that the vehicle or one of its occupants is otherwise subject due to a violation of law (for example, if the car or truck is not compliant with certain traffic safety regulations or a passenger riding in the vehicle has an outstanding warrant).
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December 8, 2010

New Jersey Motorists Convicted of Drunken Driving or Drug DUI Can Face Severe DWI Penalties

by Jonathan F. Marshall

Being stopped by a New Jersey state trooper or local municipal patrolman can be a nerve-jangling experience especially when a driver has perhaps imbibed some alcohol as part of a holiday celebration. Whether its beer or wine consumed at a local restaurant or hard liquor or cocktails shared at a neighborhood pub or bar, driving after drinking even a little alcohol can put a driver’s future in jeopardy.

Drunken driving, driving while intoxicated or operating a motor vehicle under the influence of alcohol or prescription drugs; whatever the phrase, a DWI or DUI conviction here in the Garden State can bring heavy penalties and fines, not to mention possible jail time. As a New Jersey drunk driving defense attorney, I and my colleagues provide council and representation to residents in Bergen, Ocean, Passaic and many other counties throughout the state.

Simply put, a drunk driving arrest begins a process that can be both embarrassing and costly to any driver unlucky enough to have been stopped for impaired driving. Even under the best situation, the business and social price of a DWI or DUI arrest and conviction can be devastating to a person.

December 6, 2010

New Jersey Superior Court Denies Impaired Driver’s Appeal in Marijuana-related Drug DUI Case

by Jonathan F. Marshall

Anyone who thinks that smoking marijuana, weed or cannabis is safer than drinking alcohol and then getting behind the wheel of a motor vehicle apparently hasn’t been pulled over for drug DUI…yet. As a New Jersey DWI defense lawyer, I can tell you that New Jersey’s law enforcement community is just as committed to arresting and charging drivers who smoke-and-drive as those who drink and drive.

One of the main differences is that pot is illegal, putting aside the issue of medical marijuana for a moment. Possession in a motor vehicle is a chargeable offense, as is driving under the influence of the drug. As a controlled dangerous substance (CDS), marijuana use can get an individual in hot water, much less being caught for driving while smoking weed.

Not long ago, a New Jersey appellate decision upheld a portion of lower court ruling involving a motorist who was charged with marijuana-related drug DUI. According to court records, Reynold Regis filed an appeal (STATE v. REGIS) for a July 2009 conviction in which he was found guilty of CDS DUI.

December 3, 2010

NJ Supreme Court to Review Appeal Involving Ocean County DWI Case Involving Over-serving of Alcohol

by Jonathan F. Marshall

The desire to place blame is quite common especially when a traffic accident results in injury or death. The question in some drunken driving cases involves determining who was ultimately responsible for the accident. Was it the driver who allegedly consumed too much alcohol or was it the bar, pub or restaurant that served that individual and then allowed him or her to walk out the door.

As some may know, there is a 1997 amendment to New Jersey’s auto insurance statutes that essentially denies drivers who have been found guilty of drunken driving to recover damages for injuries they suffered as a result of a DWI-related car crash. What is at issue here is that there is an older law that some say is in direct conflict with the ’97 law.

In 1987, a New Jersey statute was put on the books that effectively says business establishments that serve alcohol to customers are responsible if they are found to have negligently over-served liquor to a customer. Because these two laws are apparently at odds with each other, New Jersey’s high court will likely decide which law takes precedence over the other.

November 21, 2010

NJ Legal Defense Update: Understanding the DWI Arrest and Conviction Process — Part Two

by Jonathan F. Marshall

Understanding how law enforcement and the New Jersey courts approach drunk drivers is a basic first step in getting ready for a potential drunken driving arrest sometime in the future. It goes without saying that few people, if any, expect to be charged with driving under the influence of alcohol (DWI) or prescription medications (drug DUI). In fact, most drivers are hardly prepared when a drunken driving arrest does happen to them. Needless to say, being taken into custody by a New Jersey state trooper or local police officer is just the start of what can be a long and costly process.

As a New Jersey DWI defense lawyer, I believe that knowledge is power. The following offering provides some additional info that supplements a previous entry from October. As Mercer, Middlesex and Essex County DWI defense lawyers, our hope is that this information may be of some help to motorists if and when they are pulled over for driving under the influence of alcohol, prescription meds, or even illicit drugs (drug DUI), and maybe even marijuana possession in a motor vehicle.

When it comes to impaired driving, the police may suspect a motorist is drunk based on the manner in which he or she acts during a routine traffic stop. One way that patrolmen make the decision to have a driver submit to a breath or blood test is to have the suspect perform several standardized field sobriety tests.

A one of the main tools of drunken driving enforcement, field sobriety tests can be one of several pieces of evidence use by the prosecution in court to prove that a driver was impaired at the times of the arrest. These sobriety tests typically involve three separate tests:

1) Horizontal gaze nystagmus 2) One-leg standing test 3) Walk-and-turn test
That first one is something you may recall from TV cop shows where the officer asks the suspect to follow a penlight with his eyes as the patrolman moves it from side to side. Naturally, anyone charged with DWI should consult with an attorney vis-à-vis the legality of any tests and whether they were administered in the proper manner.

In addition to the above tests, an officer will also be looking for anything a subject may say or do during the DWI stop, all of which could possibly be noted and then used against the motorist as evidence to gain a drunken driving or drug DUI conviction. As one might imagine, even the way a suspect gets out of the vehicle may be used against him or her by the local prosecutor when trying the case in court.
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November 12, 2010

Legal Defense Update: Somerset County, NJ, Motorist Pulled Over then Fined for Obscured License Plate

by Jonathan F. Marshall

No matter how carefully an individual drives after having a drink or two, there is no guarantee that he or she won’t be stopped by a police officer and charged with driving under the influence of alcohol. It takes just a moment and you could be pulled over for the simplest of motor vehicle violations. Once that happens, the officer could notice the smell of alcohol on your breath or some other telltale sign of intoxication.

As a New Jersey DWI defense attorney and former municipal prosecutor, I know the process through which a accused drunk driver must pass to possible conviction for drunken driving. Not only impairment by alcohol, but also prescription drug and marijuana use can land a motorist in police headquarters after an alleged DWI or DUI incident.

As Somerset drunken driving defense lawyers, my staff of highly capable attorneys has the skills and legal training to represent individuals facing possible drunk driving penalties here in the Garden State. That chain of events can begin with the most inconsequential item, like a burned-out headlight or cracked windshield. This is because police all around New Jersey are constantly observing drivers and their vehicles for violations.

Not long ago a Basking Ridge, NJ, driver was ticketed because his vehicle’s license plate was partially obscured, According to reports, although the man was not driving under the influence of alcohol, the incident illustrated how a driver could be stopped for this seemingly minor violation. The entire event occurred at a police checkpoint in Middlesex County, when police issued the man a ticket for a license plate frame that was apparently blocking part of the words on his New Jersey license plate.

According to news reports, the man was in his Toyota 4-Runner passing through a checkpoint on Main Street in Metuchen, NJ. A police officer observed that his inspection sticker was not properly affixed to the car’s windshield. But instead of issuing a ticket for the inspection sticker, patrolmen issued the man a ticket for his license plate frame, which officers alleged was covering some of the words on his New Jersey license plate.
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October 31, 2010

NJ Drunk Driving News: Sobriety Testing May Become Mandatory in Cases of Serious, Fatal Auto Accidents

by Jonathan F. Marshall

Any one who has ever been arrested for DWI or charged with drunk driving here in New Jersey would likely agree that law enforcement and the judicial system have a very low tolerance for DWI offenders. With intensive drunken driving campaigns, roadside sobriety checkpoints and enhanced DWI and DUI patrols on public roads, the pressure is on to reduce instances of driving while intoxicated.

As a New Jersey drunk driving defense attorney with a staff of professional attorneys, I was not too surprised to read that the state legislature has been pushing for mandatory sobriety testing following any fatal traffic accident here in the Garden State.

According to news reports, a bill sponsored by Democratic Assemblymen Nelson Albano (Cape May Court House) and Paul Moriarty (Turnersville) would make it mandatory for a driver to either submit to a breathalyzer test (such as the Alcotest device) or to give up an actual sample his or her blood to allow authorities to determine whether alcohol or drugs were present in that individual’s bloodstream and therefore may have been contributing factor in the crash.

October 26, 2010

NJ DWI Defense Update: Legally Defining the Term “Impaired Driving” for New Jersey Motorists

by Jonathan F. Marshall

In Bergen, Monmouth, Ocean, Union and all counties throughout the Garden State, understanding what is or is not impaired driving is key to a good drunken driving defense. As a New Jersey DWI lawyer, my firm works to assist motorists who have been accused of driving under the influence of alcohol, prescription medication (drug DUI), controlled dangerous substances (CDS) or illicit drugs.

Making a determination of whether or not a New Jersey driver is operating his or her vehicle while impaired — at least as the term applies to alcohol consumption, typically requires taking a measurement of the suspect’s blood. What is measured is something called Blood-alcohol content or BAC for short. As a New Jersey drunken driving defense attorneys, I and my colleagues represent a wide variety of individuals charged with DWI and drug DUI. Establishing a driver’s BAC is an important part of the state’s evidence against that person when and if the case goes to trial.

Specifically, New Jersey law stipulates that if the operator of a motor vehicle, such as a passenger car, light truck, minivan or commercial delivery vehicle, is determined to have a BAC level of 0.08 percent or more, then that individual is guilty of driving while intoxicated (DWI), which is also known variously as drunken driving, driving under the influence (DUI), or impaired driving.

October 7, 2010

New Jersey Drunk Driving Update: Understanding the DWI Arrest and Conviction Process — Part One

by Jonathan F. Marshall

Taking the wheel of a car or truck while intoxicated is never advisable, though many people do drive after drinking a beer, a glass of wine or shot of tequila. After doing so, the odds of getting pulled over can often go up many fold. As a New Jersey DWI defense attorney and former prosecuting attorney for municipalities in the state, I understand how drivers in the Garden State can get arrested for and charged with drunk driving by local or state police.

Knowing that you can be arrested for driving while intoxicated is fine for starters, but there are a number of other parts of the drunken driving arrest and conviction process that one should be familiar with. Naturally, impaired driving either through the consumption of alcohol or the use of prescription medication (drug DUI) is something that every drive should avoid for their own safety, if not for others.

As Ocean, Monmouth, Bergen and Union County drunk driving defense attorneys, we hope that the following pointers may be of some use to individuals currently facing DWI or DUI charges. Understanding these may help other New Jersey motorists avoid the pitfalls and legal troubles of being arrested or convicted of drunken driving. The process begins, simply enough, with a driver being stopped for a routine traffic violation, but it can quickly escalate to include taking a field sobriety test and then an Alcotest, or breathalyzer test.

Whether a driver is ultimately charged with driving under the influence of alcohol, drug DUI, or breath test refusal, will have much to do with the particular circumstances of the traffic stop and the driver’s level of inebriation.

Many might ponder under what circumstances a New Jersey police officer will likely stop them for drunken driving. Although an officer may not be aware at first that a motorist is, in fact, impaired by alcohol or prescription meds, he may decide to pull a driver over for any number of possible traffic violations.
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