DWI Law and Legislation

August 24, 2010

NJ Drunk Driving Defense News: Police Must Read Suspected DWI Offenders Instructions in Native Language

When it comes to drunken driving arrests, police agencies all across New Jersey are now required to give instruction to DWI suspects in a language they can understand. The latest change in police procedures as they apply to drunk driving offenders is a result of a July decision by the New Jersey Supreme Court.

The Court’s 4-3 ruling on July 12 states that patrolmen must now communicate to a motorist suspected of driving under the influence of alcohol in a language that he or she understands that they are required under the law to submit to a breathalyzer test to determine blood-alcohol content (BAC).

The downside from a drunk driving defense standpoint is that this new requirement will likely reduce the opportunities for appeals, according to some law enforcement professionals.

August 15, 2010

New Jersey Drunk Driving Update: Reasons and Procedures for DWI-related Field Sobriety Testing

by Jonathan F. Marshall

Knowing what to expect following a drunken driving traffic stop may help some individuals prepare themselves for the next steps in the DWI arrest and conviction process. Of course, nobody wants to have a drunk driving conviction on their record, but this is always a risk when a motorist who may have had too much to drink is stopped for erratic driving or some other seemingly minor traffic offense.

As a New Jersey DWI defense attorney, I feel that knowledge is power especially when the law is concerned. A drunk driving arrest or summons is just the beginning. Whether the reason is excessive alcohol consumption, a reaction to prescription drug use, or illicit drug or marijuana use, being stopped by a law enforcement officer can spell the end of a clean driving record. And, being taken into custody for driving under the influence can signal the beginning of a lengthy and potentially costly episode in a person’s life.

Prior to being charged with drunk driving, a motorist may not even be suspected of it at first. However, in many cases, a patrolman who is trained to detect drunken behavior may already suspect that a driver is operating his or her vehicle while impaired. Stopping the motorist for a simple yet justifiable traffic infraction is the opening move toward a full-blown DWI or drug DUI arrest.

Field sobriety tests are a key tool that law enforcement professionals use to determine possible inebriation. Failure to pass one or more of these tests can become one of numerous pieces of evidence that the state can present as proof that a driver was, in fact, impaired by drugs or alcohol at the time of the arrest.

These can be administered on the roadside following a traffic stop or in a location where drivers are being checked for drunkenness, such as a sobriety checkpoint or roadblock. They include:

A) Horizontal gaze nystagmus B) Walk-and-turning test C) One-leg standing test Continue reading

July 28, 2010

Morris County, NJ, Police Blotter: More Arrests for Marijuana Possession in Car

by Jonathan F. Marshall

Anyone considering driving under the influence of marijuana should definitely understand the law here in the Garden State. In fact, anyone who knowingly is in possession of pot, weed or hash while operating a motor vehicle runs the risk of being arrested and charged with a violation of New Jersey law, specifically N.J.S.A. 39:4-49.1 – this is no joke. The cops will arrest you and local prosecutors will push for a conviction.

As a New Jersey DWI and drug DUI defense lawyer, I have years of experience in this area. Having been a former municipal prosecutor, I also know the lengths to which the state will go to secure a conviction. Understanding the prosecution’s tactics, however, helps me to provide an aggressive defense for individuals accused of violation the law.

A news article not long ago detailed a couple arrests out of Morris County. These marijuana possession cases are not unlike those that occur every month throughout the state. Whatever the circumstances, if marijuana is found in your car, the police will usually issue a summons for marijuana possession in a motor vehicle. If found guilty, you could have you driver’s license suspended for a lengthy two-year period with no chance for an special provisions or conditional license. Without the ability to drive, one could lose his or her job over such a conviction.

July 25, 2010

New Jersey DWI Defense Update: Considering the Differences Bewteen Drug DUI and Drunk Driving Cases

by Jonathan F. Marshall

Drunk driving arrests can happen anywhere, anytime. In the Garden State, state police and local law enforcement agencies have little tolerance for motorists who drive while under the influence of alcohol, prescription drugs and, and illicit and illegal drugs (also known as controlled dangerous substances, or CDS).

As a New Jersey drunk driving defense lawyer, I and my staff have vast experience defending drivers accused of operating a motor vehicle while impaired by alcohol or drugs. In fact, it is common for drunken driving charges to be brought against an individual who is suspected of driving under the influence of drugs (also known as DUID). These include but are not necessarily limited to narcotic, hallucinogenic, or habit-forming substances.

It is important to understand also that New Jersey law prohibits driving if a person is impaired by marijuana, cocaine, or other narcotics — which even includes prescription drugs such as morphine. For legal purposes, the standard of proof used to establish a narcotic-based DWI charge has been established in the 2006 court case of State v. Bealor. Furthermore, in State v. DiCarlo, the law actually defines the term narcotic — for the specific purpose of establishing a basis for driving while intoxicated charges here in New Jersey.

July 20, 2010

Appellate Court: DWI Not a Crime under NJ Law Despite Jail Time for Certain Convictions

by Jonathan F. Marshall

If you feel that jail time for a drunken driving conviction merits DWI being categorized as a crime, and therefore a jury trial, you’re not alone. However, as stiff as sentences can be for driving under the influence, the Superior Court of New Jersey, Appellate Division, believes otherwise. A recent decision made that abundantly clear when Steven G. McLaughlin filed an appeal for a DWI conviction he received because his case was not heard by a jury.

As a New Jersey DWI defense attorney, I have heard defendants say they wanted a jury trial. This may not seem so odd, as many people believe that if jail time can be attached to a drunken driving conviction, then they deserve to have their case heard by a jury of their peers. Unfortunately, this latest ruling by the New Jersey Superior Court will probably put juried trials on hold for motorists accused of driving under the influence of alcohol.

According to court records, in October 2008, Stephen McLaughlin was denied his motion for a jury trial on his third charge of driving while intoxicated by the Law Division. This motion followed a trial in Brick Township back in September 2005 when McLaughlin was convicted of DWI, reckless driving, and speeding.

Upon appeal the man was again found guilty of all three offenses and was sentenced to 90 days in jail and 90 days of in-patient alcohol treatment for the drunk driving offense. This included a concurrent sentence of 30 days for the reckless driving charge. The court also ordered the man’s license to be suspended for 10 years, as well as being assessed related fines and court costs.

Following a third appeal and conviction, McLaughlin applied to the Law Division for a jury trial on his drunk driving offense. The trial judge in that particular appeal denied the defendant’s motion and ordering the immediate execution of the sentence previously imposed.

In the Superior Court’s decision, it stated that it rejected McLaughlin’s motion for exercise of their [sic] rights to indictment by a Grand Jury and trial by jury. While the defendant indicated he faced serious “quasi-criminal and civil consequences” as a direct result of the municipal court proceedings, the fact remains that defendant faces these stated consequences as a direct result of driving while under the influence for a third time and charged accordingly.
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July 14, 2010

NJ Drunk Driving and DUI Defense Update: Caught with Weed in Your Car?

by Jonathan F. Marshall

Times change, as they say, and nothing indicates change like the increased use of medical marijuana as well as illegal pot. Although many states around the nation have passed medicinal marijuana laws, state law enforcement agencies and local police are still stopping individuals who are possibly impaired due to driving while under the influence of a controlled dangerous substance (CDS), in this case marijuana or weed.

Whether a driver is actually impaired due to smoking hash or cannabis (drug DUI), or because of alcohol consumption (DWI) or just drowsy behind the wheel, traffic enforcement officers will likely key on possible erratic driving behavior or a defective vehicle equipment as justification for a traffic stop.

Since marijuana is one of the most common drugs encountered in the New Jersey area, marijuana possession arrests are relatively common. Possession in a vehicle is a chargeable offense and usually requires the services of a qualified drunk driving and DUI defense attorney.

June 13, 2010

NJ Drunk Driving Defense News: Despite Potential Jail Time, DWI Not a Crime Meriting Jury Trial

by Jonathan F. Marshall

If you feel that because jail time can be attached to certain drunken driving convictions that it makes sense for drunk driving offenses to be categorized as crimes requiring a trial by jury, well, you’re probably not alone. However, as stiff as drug DUI or DWI sentence can be in cases of driving under the influence of alcohol or prescription drugs, the Superior Court of New Jersey apparently believes the right to a jury trial is not usually called for, or so it would seem based on a recent decision by the high court.

The recent decision in New Jersey v. McLaughlin by the state’s Supreme Court Appellate Division made this abundantly clear when Steven G. McLaughlin filed an appeal a DWI conviction he received after he was denied a jury trial five years back in Ocean County, NJ.

According to court records, Mr. McLaughlin was pulled over on suspicion of drunk driving in 2005 year when he was stopped for speeding in Brick Township, NJ. As a result of that drunken driving police stop, McLaughlin was arrested and charged with driving while intoxicated. His case went to court on September 21, 2005, which resulted in a conviction for DWI, speeding and reckless driving.

On appeal McLaughlin was again found guilty on all three counts and sentenced to 90 days in jail, plus another 90 days of in-patient treatment as a result of the DWI offense. There was also a 30-day concurrent sentence for his reckless driving conviction. The man’s driver’s license was suspended for 10 years and the court levied related fines and court costs against him. Prior his next appeal, McLaughlin’s sentence and all penalties, except his revoked license, were suspended pending that court’s decision.

On review of the case, the defendant’s convictions were upheld in an unreported decision on June 13, 2007. It was at this point that McLaughlin applied to the Law Division for a jury trial on his DWI offense. Following oral arguments on October 10, 2008, the presiding judge denied the defendant’s motion and ordering the immediate execution of the DWI and other sentences previously imposed.

The judge in the 2008 decision concluded that although the defendant indicated he faced serious quasi-criminal and civil consequences as a direct result of his original court hearing the law states that a defendant charged with DWI is not entitled to a criminal trial by jury. In short, drunk driving is not a criminal offense within the meaning of the New Jersey Constitution.
Continue reading

June 5, 2010

NJ Appellate Court: Liquor Stores Not Protected Against Lawsuits by Drunk Drivers following DWI Injury Accidents

by Jonathan F. Marshall

A recent New Jersey appellate court ruling has opened the door to lawsuits from obviously intoxicated customers who purchase liquor prior to being involved in a DWI-related injury accident. The ruling essentially states that liquor establishments, such as beer and wine shops, are not protected under the same New Jersey statutes that prevent third parties from being sued by drivers found to be at fault in a car accident as a result of driving under the influence of alcohol.

The court explained its decision stating that drivers who endanger public safety by driving while intoxicated should be penalized by being stripped of their right to suing third parties, however those owners of stores licensed for the sale of alcohol have a legal obligation to avoid serving drunken customers and then allowing them to go forth and travel New Jersey roadways (Voss v. Tranquilino, No. A-5431-08T1).

It was suggested that the state legislature was likely wrong to have imagined that the instances of drunk driving on Garden State roads would have been reduced by essentially “immunizing” beer-, wine- and liquor-sales establishments from lawsuits filed by drivers arrested for DWI-related traffic offenses.

May 30, 2010

Sussex County, NJ, DWI Law Update: Sparta Township Drunk Driving Arrest Procedures Under Fire

by Jonathan F. Marshall

A lawsuit filed in Newark Federal Court has pointed out some potentially serious problems with the policies at the Sparta Township Police Department, according to news reports. The suit, filed by two Newton, NJ, attorneys was prompted by their own 2008 arrest for driving while intoxicated in the Sussex County municipality.

As a New Jersey DWI defense lawyer, I know how strict certain police agencies’ policies can be regarding drunk driving violations. Similarly, there are some municipalities that have questionable tactics, which can cause problems for the prosecuting attorneys in those cities and towns. Being a former prosecutor myself, I know the ins and outs of the court system when it comes to drunk driving cases, all of which helps me to provide an aggressive defense to my clients.

In the case of the Sparta suit, court records indicate that the attorneys allege Sparta police “routinely rely upon false pretexts to improperly stop, falsely charge, and overcharge motorists of alleged infractions of the Motor Vehicle And Traffic Laws.” That’s a pretty specific accusation and something that definitely matches what is being called a major civil rights case against the township of Sparta. Essentially, the suit is challenging the constitutionality of the practices and policies of the Sparta police department.

The suit stems from a traffic stop on April 11, 2008. Reportedly Kevin Kelly and Megan Ward had attended an event at the Lake Mohawk Country Club, after which they were seen arguing in the parking lot by an off-duty Blairstown police officer. That officer phoned Sparta police to report a possible domestic dispute and then informed dispatch the two seemed fine because they drove off together on West Shore Trail.

Based on reports, Sparta police were dispatched to the scene and then followed the attorney’s vehicle, with Ward at the wheel and Kelly as the passenger. Despite there being no overt traffic violations — as recorded by the police car video — the officers still stopped and questioned the two occupants.

Ward was asked to step out of the vehicle and perform five sobriety tests. The officers made the determination she was impaired and arrested her. Kelly was also arrested as the presumed owner of the car driven by an impaired driver.
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May 22, 2010

NJ Appellate Court Upholds DWI Conviction against Woman Who Claimed Police Had Insufficient Cause

by Jonathan F. Marshall

An important part of a DWI arrest and conviction is proper police procedure. Before a law enforcement officer can stop a vehicle and its driver for drunk driving, there must be sufficient cause for the traffic stop to legally occur in the first place. This is why many drunken driving arrests happen following a seemingly routine traffic stop, such as an improper lane change, running a stop sign, or speeding.

As a New Jersey DWI defense lawyer and former municipal prosecutor, I understand the circumstances that can lead to an arrest for driving under the influence of alcohol or prescription drugs (also known as drug DWI or drug DUI). Because the police need to show sufficient cause for a traffic stop, this is an important element in any DWI prosecution or drunk driving defense.

A recent appellate court decision upheld a lower court ruling against a woman who was accused of driving while intoxicated in Florham Park, NJ, back in the summer of 2007. According to court records, Marylou Panza had appealed her drunken driving conviction andrefusing a mandatory chemical test on the grounds that she had been stopped without reasonable suspicion of wrongdoing.