DWI Law and Legislation

November 28, 2009

New Jersey Drunk Driving Update: What is the Cost of a DWI Conviction?

For those individuals who feel that a drunk driving conviction is a minor event, I have news for you. Whatever you call it — drunken driving, driving under the influence, DWI or driving while intoxicated — here in New Jersey there is a wide range of potential outcomes for someone convicted of drunk driving. Almost too many to list right here.

As a New Jersey drunk driving defense attorney, I and my group of legal professionals have represented literally hundreds of clients arrested for DWI over the years. You should know that even under the best circumstances, the personal price of a DWI conviction can be quite devastating. Living with the stigma of a drunk driving conviction on your record can affect a person’s standing in his or her neighborhood, company or professional organization. And there always exists the possibility of job loss, as well as the potential damage that such a conviction can have on familial relationships and those with friends.

Financially, drunk driving is potentially costly, as well. Penalties and fines for second and subsequent drunk driving convictions are certainly large, but even first-time offenders can feel the monetary pain of a conviction. Here are just a few of the typical monetary costs that you could expect to pay for a range of DWI offenses, according to the State of New Jersey (Please remember that jail time/community service could also be included, but is not included here).

November 24, 2009

New Jersey DWI Law: Potential Impact of Underage Drinking and Driving

by Jonathan F. Marshall

Having defended many minors charged with underage drinking and DWI, I have more than enough experience to state a number of significant facts. As a New Jersey drunk driving defense lawyer, I know that a conviction for underage drinking and driving can make a serious impact on a young person who is just setting out on his or her journey toward adulthood.

The facts are simple: If any person under 21 years is found to have purchased or consumed an alcoholic beverage in an establishment licensed to sell alcohol, that young person could be fined up to $500. Furthermore, the court can order that the defendant lose his or her driver’s license for up to six months.

If you think this doesn’t affect someone who hasn’t even been issued a license, you would be mistaken. Parents themselves should be aware that even if your child does not yet hold a license, if convicted the potential suspension will start as soon as your youngster is initially eligible to receive that license. Just like adults, any young person who violates the state’s underage drinking laws may also be required by the court to attend an alcohol treatment or education program.

November 17, 2009

New Jersey DWI News: Worried About Multiple Drunk Driving Convictions?

by Jonathan F. Marshall

As a New Jersey drunk driving defense lawyer, I and my firm have the necessary experience to make the difference in most any DWI, breath test refusal, or drug DUI case. While it might seem that a first-time conviction for driving under the influence of alcohol may not be that serious, think again. Not only are the penalties for a first-time offense stiff, it only make a possible second or third arrest and conviction for driving while intoxicated that much more serious.

Anyone looking at multiple convictions for drunk driving needs the services of a qualified and experienced DWI attorney. Whether an individual has been charged with DWI or drug DUI, the consequences of multiple convictions can be very detrimental to one’s future. Jobs have been lost and families torn apart by the seemingly simple act of driving while impaired. Don’t make a bad situation worse by not taking the proper steps to defend yourself in a court of law.

It’s not uncommon for many people charged with a first-time DWI to go in front of the court by themselves. And although they may have fared better had they sought legal counsel in the wake of that first DWI arrest, there is a potential upside should they be arrested for a future drunk driving violation.

November 11, 2009

Drunk Driving Update: Defining Impairment for New Jersey Motorists

by Jonathan F. Marshall

In the state of New Jersey, the determination of whether a motorist is driving while impaired driving, at least as it pertains to alcohol use, involves a measurement of the suspect’s blood alcohol content (BAC). As a New Jersey drunk driving defense attorney, and former municipal prosecutor, I have handled all manner of drunken driving cases throughout my career. The establishment of a defendant’s BAC plays is a major role in any drunken driving case.

Strictly speaking, the law states that if an individual who is the operator of a car, truck, SUV or other motor vehicle is found to have a BAC of 0.08 percent or more, that person is guilty of drunk driving, also known as driving under the influence of alcohol, or more commonly, driving while intoxicated (DWI).

The term BAC refers to the amount of alcohol in a driver’s bloodstream. An important point to remember is that although the law makes reference to 0.08 percent BAC as the legal limit, one can still be convicted of drunk driving even if his or her BAC is below 0.08 percent.

October 12, 2009

NJ DWI News: Can We Trust Breath Test-Ignition Interlock Devices to Measure Drivers’ BAC Accurately?

by Jonathan F. Marshall

Based on a recent poll found on AAA Mid-Atlantic’s website, 61 percent of respondents said individuals with first-time drunk driving convictions should be required to have a breathalyzer-ignition interlock device installed on their vehicle. A larger 85 percent felt that an ignition interlock should be mandatory only for subsequent offenses. As a New Jersey DWI defense attorney, I have represented clients charged with driving under the influence of alcohol, many of whom were unjustly accused due to inaccuracies inherent with breath testing machines.

The point here is that vehicle-installed breath testing devices are not necessarily more accurate, or even as accurate as the units used by law enforcement. Yet judges are requiring many people convicted of drunk driving to have these interlock devices installed. The problem I see going forward is how accurate can the in-car units be when the validity of the more expensive and complicated Alcotest and other breath-testing machines have recently been called into question?

From the results of the AAA poll, it would appear that popular opinion is tilted against those accused of driving while intoxicated, and there is no doubt that New Jersey drivers charged with a DWI offense face rather stiff penalties. But to be judged fit to drive by a possibly less accurate machine may be a burden itself.

October 7, 2009

New Jersey Residents Coming Down Hard on Repeat Drunk Driving Offenders

by Jonathan F. Marshall

In seeming reaction to the recent sentencing of Shaun P. Campbell, the 40-year-old East Rutherford resident with 16 convictions for driving while intoxicated and nearly 80 related license suspensions to his name, the New Jersey media and public are apparently fed up with any individual having multiple drunk driving convictions on his or her record. As a New Jersey DWI defense lawyer, I know what these folks are going through.

As a drunk driving defense attorney, I also know that some people are less cautious than others and never consider the implications of driving drunk, even if it means just a couple beers. This is why I encourage my friends and family to always have a designated driver for those times when a celebration becomes too exuberant.

According to a recent editorial, the media may be calling for more strict sentencing and harsher laws to keep repeat DWI offenders off public roads. Campbell, who is now going to jail for almost five years as a result of his most recent DWI-related traffic accident, will also have to pay more than $9,000 in fines. Campbell’s latest license suspension means he won’t be eligible to drive legally until he is 81 year old.

August 12, 2009

New Jersey DWI News: Poll Shows Majority Approves of In-car Breathalyzer for Convicted Drunk Drivers

by Jonathan F. Marshall

Having represented hundreds of NJ residents arrested for driving under the influence of alcohol or drugs, I know what drivers accused of DWI are up against. As an experienced New Jersey drunk driving defense lawyer and former municipal prosecutor, I also have the background to understand how to successfully defend many driving while intoxicated cases. What I can’t change is the public’s opinion of convicted drunk driving offenders.

That became quite evident the other day when I noticed the results of a survey recently conducted by the American Automobile Association’s Mid-Atlantic region. More than 60 percent of the respondents to the AAA Mid-Atlantic Web poll voted in favor of installing a mandatory breathalyzer ignition interlock on the vehicle of any convicted DWI offender.

This type of interlock device requires the driver to blow into a device not unlike the Alcotest breath testing machine used by the New Jersey State Police as well as other law enforcement agencies across the Garden State. If the device detects that the driver’s blood-alcohol content (BAC) is above 0.05 percent the vehicle cannot be started.

July 16, 2009

East Rutherford Man with 15 Career DWIs to be Sentenced by Morris County Court

by Jonathan F. Marshall

There are just some people that you can’t help. As a New Jersey DWI defense lawyer, I have represented many multiple drunk driving offenders, but few like Shaun Campbell of Bergen County, New Jersey. Most of the clients I have worked with learn their lesson and try to make a clean start of things following a brush with the law as it applies to driving under the influence of alcohol. But other people convicted of driving while intoxicated go back and make the same mistakes over and over again. So it has been for Mr. Campbell.

According to reports, the 40-year-old Campbell had his license suspended nearly 80 times during his 22-year driving career. His admission of guilt to his 15th DWI charge was the latest in a string of convictions. This particular case involved an April head-on collision in Morris Township when Campbell, self-described as being plastered on beer, drove his sport utility vehicle into a Ford pickup truck driven by a Chatham man and carrying that man’s four-year-old daughter. Luckily, no one was killed.

Campbell pled guilty to assault by auto, DWI and driving while on the revoked list. The Morris County assistant prosecutor has recommended that Campbell receive the maximum sentence of 18 months in prison for the assault by auto, and consecutive 180-day terms on the drunken-driving and revoked license charges. He also recommended that Campbell receive an extra 90-day term as an enhanced penalty on the license revocation offense.

July 13, 2009

Avoid a New Jersey Drunk Driving Arrest: Know Your Limit for Alcohol Consumption

by Jonathan F. Marshall

With the Independence Day holiday behind us and summer in full swing, lots of people are enjoying themselves from Newark to the Jersey Shore and all the way down to Cape May. But along with that enjoyment comes responsibility. As a New Jersey DWI defense attorney, I’ve represented many clients who never realized they were legally intoxicated — having a blood alcohol content (BAC) of 0.08 percent or more. Unless you have a properly calibrated breathalyzer handy, it’s tough to know whether you’ve had one too many.

I recently ran across an article that included a chart for gauging how many drinks an individual can consume while still staying legal and avoiding a drunk driving summons. It all has to do with body weight. Comparing a 100-pound aerobics fanatic to that 250-pound linebacker sitting at the next table, the big fellow can drink more than the smaller person and still be under the legal limit for BAC. But if it’s any consolation, portly couch potatoes have to buy more drinks to get the same buzz as those svelte folks out there.

Regardless, you should never drive in an impaired state. Even small amounts of alcohol can dull your senses, decrease reaction time, and hamper judgment, vision and alertness. Very simply, if you consume any amount of alcohol and your driving is affected, you could be convicted of driving while intoxicated. The chart below illustrates the relationship between alcohol, body weight and BAC level — this is not a guide, since drinking and driving are always a dangerous combination, and there are numerous other factors that can affect your BAC as well.

July 11, 2009

NJ Legislature Seeks to Extend Drunk Driving Sobriety Testing Post-crash for Serious Wrecks

by Jonathan F. Marshall

The New Jersey statehouse wants mandatory sobriety testing for drivers involved in severe traffic accidents regardless of whether drunk driving is indicated as the cause of the crash. This is significant because the current law only allows police to administer breathalyzer tests and the like when evidence points to a case of driving while intoxicated, or at least clear suspicion that the operator of a vehicle was driving in an impaired state as a result of drug or alcohol use.

As a New Jersey DWI defense lawyer, I’ve seen drunk driving law evolve during my career as a municipal prosecutor and now as a drunk driving defense attorney. Society has little tolerance for intoxicated drivers and this bill is one more step in expanding the tools police have at their disposal. The bill states that law enforcement officers must take a blood or breath sample from the driver of a vehicle involved in a traffic accident that resulted in a fatality or that caused serious injury to another person.

A driver’s refusal to submit to such a test could result in fines up to $1,000 and a possible two-year suspension of the offender’s driver’s license — the same penalty for a conviction of refusal in relation to a drunken driving charge. According to news reports, opponents of the legislation have argued the unconstitutionality of a law that forces an individual to submit to a blood or urine test when there is no probable cause to suspect them of a crime.