DWI Law and Legislation

April 7, 2017

Examining ‘Probable Cause’ in New Jersey DWI Stops

DWI charges in New Jersey must stem from a lawful traffic stop. If you have been arrested or charged with a DWI, it is important to reach out to a hard-working New Jersey DWI attorney who can assess the merits of your case. Depending on the circumstances of your arrest, we may be able to challenge the legality of the traffic stop. You can rest assured that we are committed to protecting your rights at every step of the way.

A police officer must have probable cause in order to make an arrest. Under New Jersey law, having ‘probable cause’ means the police officer must have an articulable and reasonable suspicion that a violation of the traffic laws has taken place in order to make a valid stop. Put simply, probable cause is a reason to believe that a crime was committed. For example, if you are pulled over for speeding, and you were 20 mph above the speed limit, the speeding violation would constitute probable cause for the initial stop. The State must give the defense all of the documentation pertaining to how the speed was ascertained by the officer (i.e., information related to the radar detector used).

Typically, the following driving behaviors that indicate drunk driving will be sufficient probable cause for an officer to stop you: swerving, excessive speeding, wrong-way driving, erratic driving, running stop signs or traffic lights, or causing an accident. If there was probable cause for the traffic stop, and the officer has reason to believe you may be intoxicated, you may be asked to take a breathalyzer test. If the test reveals that your blood alcohol content is 0.08 percent or more, this is enough to form the basis of a valid arrest.

March 23, 2017

Underage DWI Penalties in New Jersey

by Jonathan F. Marshall

Driving while intoxicated (DWI) is a serious offense in New Jersey, regardless of whether the driver is of age or underage. If you or your underage child has been arrested or charged with a DWI, you should speak to a seasoned New Jersey DWI attorney who is well versed in this area of law. You can rest assured that we can examine the facts of your case and determine a defense strategy accordingly. The stakes are high in these cases, so it is important to act quickly.

Under New Jersey law, the basic offense of a DWI consists of driving with a Blood Alcohol Concentration (BAC) of 0.08 percent or higher. If you are under the age of 21, the state only needs to show that your BAC was above 0.01 percent in order to convict you of an “underage DWI.” New Jersey has a zero tolerance policy for drinking and driving. As a result, the penalties for underage DWI are severe and typically include the loss of driving privileges for 30 to 90 days, community service for 15 to 30 days, mandatory fines and penalties, and participation in an alcohol and traffic safety education program.

If you are under the age of 21, and your BAC exceeds 0.08 percent, you will likely be charged with a DWI as an adult and subject to regular New Jersey DWI penalties. If you do not have a driver’s license and are under the age of 17 at the time of the incident, you will be subject to a 30- to 90-day delay in processing your driver’s license.

March 3, 2017

The Burden of Proof in a New Jersey DWI Case

by Jonathan F. Marshall

If you have been charged with a DWI in New Jersey, you should not delay in reaching out to a skilled DWI lawyer who can assess the details of your case. A DWI conviction can adversely affect every aspect of your life, including your criminal record, your job prospects, and even your reputation. The stakes are high, and having the right criminal defense team on your side may make a huge difference in your case.

In New Jersey, the basic offense of Driving While Intoxicated (DWI) requires a blood alcohol content (BAC) of .08 or higher. The BAC must be obtained within a reasonable period of time after your operation of the vehicle. It is important to note that an individual can also be charged and convicted of a DWI if he or she was driving while under the influence of “narcotics, hallucinogenic, or habit-producing drugs” as well. This highlights that DWIs are not limited to alcohol. Instead, they extend to any substance that may impair a person’s ability to drive safely.

February 15, 2017

A Closer Look at Miranda Rights in Context of DWI Arrest

by Jonathan F. Marshall

If the police did not read you your Miranda rights after arresting you for a DWI, it is important to reach out to a seasoned New Jersey DWI defense attorney as soon as possible. We will scrutinize the facts of your case and help determine whether a Miranda motion may be the right path in your case. You can rest assured that the legal team at the Law Offices of Jonathan F. Marshall is committed to providing the aggressive and results-focused DWI you need. Time is of the essence, so please do not wait to reach out.

In the state of New Jersey, DWI stands for Driving while Intoxicated. The basic offense of a DWI consists of driving with a Blood Alcohol Concentration (BAC) of 0.08 percent of higher. For commercial drivers, the BAC level must not exceed 0.05 percent. For drivers under the age of 21, the BAC cannot be 0.01 percent or higher.

In New Jersey, a DWI is a traffic offense rather than a criminal offense. This means that police do not have to advise you of your Miranda rights during roadside interrogation, unless and until you have been arrested or taken into police custody. Put another way, Miranda rights only kick in when individuals are being questioned while in police custody. “Custody” in such cases is not limited to physical lock-ups at police headquarters. Instead, custody refers to any circumstances under which a reasonable innocent person would conclude he or she was not free to leave.

February 8, 2017

Post-Conviction Relief for a New Jersey DWI

by Jonathan F. Marshall

A DWI conviction can have serious and long-term consequences for many aspects of your life. Even if you have been convicted of driving while intoxicated (DWI), there is a procedure in the law which allows a reversal in certain, limited circumstances. Courts can use prior DWI convictions as grounds to impose harsher penalties for a current DWI conviction. This is where post-conviction relief (PCR) can be critical to your case. While the process is complex and time-consuming, the results can be worth it. A skilled New Jersey DWI lawyer can scrutinize the facts of your case and determine whether you may be eligible for PCR.

New Jersey law permits individuals previously convicted of a DWI to petition the court for PCR, which is the legal process that takes place after a trial results in the conviction of the defendant. When a person applies for PCR, he or she is asking the court to reopen the case and vacate the original finding of guilt. This entails investigating the prior conviction to determine if the court, the State, or defense counsel made any mistakes. Successful PCR can reduce or even eliminate penalties that are typically associated with a DWI, such as license suspension and jail time; thus, PCR can effectively dismantle the adverse impact a DWI has on an individual’s employment, housing, professional licenses and overall reputation. Common grounds for PCR are as follows:

Ineffective assistance of counsel;
The defendant’s guilty plea did not meet legal requirements;
Newly discovered evidence;
Juror misconduct;
Prosecutorial misconduct;
Misapplication of jail and gap-time credit;
Illegal sentence;
Lack of jurisdiction.

February 1, 2017

Out of State Drivers Arrested in New Jersey for DWI

by Jonathan F. Marshall

When you are driving in a state, you are subject to all of the traffic laws and regulations in that state, including driving while intoxicated (DWI) rules. If you have an out of state license and were arrested in New Jersey for a DWI, you need to reach out to a skilled New Jersey DWI attorney who can assess the merits of your case. In these situations, there may be specific issues that could complicate your case and interfere with your driving privileges in your home state. DWI charges should never be taken lightly because they can have far-reaching consequences for many aspects of your life.

New Jersey is part of what is known as the Driver License Compact (DLC), a system including 45 states, which requires member states to report traffic tickets received by a driver to their home state. Put simply, the DLC allows states to exchange information concerning traffic violations, including DWI offenses. The only states that are not members of the DLC are Tennessee, Georgia, Massachusetts, Wisconsin, and Michigan.

In the state of New Jersey, the offense of a DWI consists of driving with a Blood Alcohol Concentration (BAC) of 0.08 percent or higher. Even if your BAC is less than 0.08 percent, you could be charged with a DWI if you consumed any amount of alcohol that impaired your ability to drive. If you are under the age of 21, you will be charged with a DWI if you have any alcohol in your system, even as little as 0.01 percent.

October 17, 2014

NJ Supreme Court to Municipal Judges: Stop Combining Pretrial DWI Suppression Hearings with Full-on Trials

by Jonathan F. Marshall

Last month the New Jersey Supreme Court affirmed the decision of the state’s Appellate Division that had overturned a drunken driving conviction of a New Jersey driver following arguments that the man’s trial mixed aspects of a pretrial hearing and that of the actual trial, which in the Court’s view should ideally come later as a separate proceeding.

The initial drunken driving case involved the defendant, Bruno Gibson, who was arrested by a Winslow Twp. patrolman during the early morning hours of November 17, 2007. According to the review article, Mr. Gibson admitted to police that he had been drinking, after which he reportedly attempted and failed several field sobriety tests. As the patrolmen were attempting to take the man into custody, he apparently resisted arrest.

Later pleading guilty in Superior Court to an assault charge, the defendant was sentenced to two years’ probation. The charges of driving while intoxicated and reckless driving were adjudicated in a Winslow Twp. courtroom. According to court records, during the suppression hearing — not the actual trial — there was reportedly a dispute over how the arresting officer had determined that the defendant had failed the standardized field sobriety test that was administered that morning.
Continue reading

October 9, 2014

States Add Mandatory Ignition Interlock Device (IID) Laws; New Jersey Continues to Mull IIDs

by Jonathan F. Marshall

Mississippi has added its name to the list of states now requiring ignition interlock devices (IIDs) for all DWI offenders, even first-time convicted drunken drivers. New Jersey is waiting in the wings right now, as legislators in Trenton hash things out regarding the state’s mandatory IID law. While the debate regarding IIDs has come from both sides of the aisle, some still feel that the Garden State’s approach to drunk drivers may be a little too accommodating.

When it comes to potential changes in New Jersey’s DWI laws, the proposed change to a “brief” 10-day license suspension, plus immediate and mandatory installation of an IID post-conviction has been regarded as a better solution to the current situation, which requires several months’ worth of suspension time that many argue has the potential to cause serious career, family and financial repercussions while not fully addressing the very real issue of convicted DWI offenders taking to the street sans driver’s license.

As New Jersey DWI defense attorneys, my firm has seen more than enough instances of otherwise law-abiding motorists being stripped of their driving privileges as punishment for even a first-time indiscretion. We fully understand the risks and physical dangers of driving while impaired, but more and more people are beginning to accept the potential changes in our drunk driving laws to include mandatory IIDs in lieu of the rather strict punitive measures currently required by the New Jersey legal statutes.
Continue reading

September 25, 2014

FAQ: NJ Drunk Driving Arrests and the Consequences of a DWI Conviction — Part Five

by Jonathan F. Marshall

For those individuals who find themselves on the wrong side of the law, that is, a motorist who has been arrested for a drunken driving offense, the immediate issue at hand is often trying to locate a competent DWI-DUI attorney to represent oneself against the local municipal prosecutor who is pressing the charges against him. To put it in simple terms, if your turn in the DWI barrel has come, now is the time for action, not later.

As Garden State drunk driving attorneys, my colleagues and I have a very good track record of defending motorists who have been charged with some kind of impaired driving. Whether these accusations involve the consumption of alcohol or the use of legal narcotic medications, or even illegal substances, the need for a qualified legal professional is always a priority. Let it be said at this juncture that my firm in no way condones any kind of impaired operation of a motor vehicle, be it a car, commercial truck, motorcycle or watercraft. From our point of view, the best defense is a good offense, and the best way to avoid a DWI or DUI is to avoid drinking or taking drugs any time one expects to be driving on New Jersey roadways.

As recognized experts in the field, my legal team gets a lot of questions from prospective clients who are just beginning to learn about the intricacies of DWI law. In the interests of edifying our readers, we feel that learning something now about drunk driving defense may come in handy in the future, especially if someone finds himself in a difficult situation involving a drunk driving arrest.
Continue reading

September 18, 2014

Garden State DWI News: Could Government Seizure of Vehicles in Adjoining States Portend Jersey’s Future?

by Jonathan F. Marshall

Most every motorist understands intuitively that drinking while intoxicated (DWI) can be a costly undertaking, not only in terms of post-conviction fines and increased insurance premiums down the road, but also in the unfortunate event of a crash causing injury or death. Yet, regardless of the disincentives to drink and drive, hundreds of Garden State drivers are arrested every month for driving under the influence of either alcohol or drugs.

Traffic safety experts and law enforcement agencies, along with lawmakers understand the continuing problem with DWI and DUI offenders, which sometimes results in heavy-handed or extreme measures to achieve certain ends. As New Jersey drunken driving defense lawyers, our job is to help those individuals who believe that they have been unjustly accused of a DWI, drug DUI or other related offense. We do see, from time to time, some rather worrisome changes in the way that certain locales treat DWI offenders, as well as those convicted of drunk driving.

Take, for instance, the ongoing efforts in one of our neighboring states to rein in intoxicated drivers. According to a news article we recently ran into, drivers arrested and charged with driving under the influence on a majority of Long Island may be looking forward to having their vehicles seized, impounded and possibly even sold off depending on events in the courtroom.
Continue reading