DWI Law and Legislation

September 12, 2014

Garden State DWI Defense News: Moriarty Dash Cam Bill Signed into Law

For those who have been pushing to have mandatory dashboard cameras installed on all New Jersey police vehicles, this past Wednesday is a red letter day. The new legislation, signed into law by Governor Christy, now requires every municipal police car used for DWI duty in the Garden State to have a working dash cam (or, alternately, a body cam worn by the officer) was inspired by a case involving the false arrest of NJ Assemblyman Paul Moriarty for drunken driving two years ago.

As some may recall, Assemblyman Moriarty was arrested on July 31, 2012, in Washington Twp. where he was erroneously charged with DWI. But from the get-go, Moriarty, who was previously the mayor of that municipality, disputed the charges and the arresting officer’s contention that the assemblyman was intoxicated at the time of the police stop. According to subsequent news reports, the officer contended that Moriarty’s vehicle cut off the officer’s patrol car and failed to maintain its lane, resulting in the traffic stop.

Despite the officer’s claims that Moriarty had the smell of alcohol on his breath, Moriarty said he was completely sober at the time of the stop and had consumed no alcohol prior to arrest. Alleging harassment and misconduct on the officer’s part, Moriarty used the video evidence recorded by the officer’s in-car video camera to bolster his case. The recording of Moriarty’s arrest showed clearly a number of discrepancies between the arresting officer’s pursuit of Moriarty and what the patrolman later documented in subsequent police reports about the incident.
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August 14, 2014

Drunk Driving Defense Update: Some New Jersey DWI Cases can be Appealed following a Conviction

by Jonathan F. Marshall

Here in New Jersey, being arrested for DWI or driving under the influence of alcohol is different from many states because Garden State motorists accused of impaired driving are not permitted a trial by jury. Instead, drivers who have been charged with DWI or drug DUI will get a court trial with only a judge to decide the defendant’s guilt or innocence. As with many aspects of the legal system, there are pluses and minuses associated with a non-jury trial.

As experienced DUI-DWI defense attorneys, my colleagues and I know that with the lack of a jury trial, a defendant who is found guilty by a New Jersey municipal court judge in a standard drunk driving trial will usually be able to challenge that decision in a high court under the legal concept known as a “de novo appeal.” In such instances, the de novo appeal for a New Jersey DWI conviction will usually be heard by a second, county level Superior Court judge.

Under our system of laws, an appeal is usually filed by one of the two parties following a particular legal outcome arrived at by either a judge or jury, and which typically seeks a formal change to an official court decision. In broad terms, in a typical de novo appeal, the judge will review the trial transcripts from the original hearing, as well as listen to additional arguments from the defendant’s lawyer and the attorneys from the prosecutor’s office that originally filed the charges against the motorist.
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August 8, 2014

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

by Jonathan F. Marshall

For anyone arrested on a drunk driving offense, the immediate issue is usually finding a good lawyer to help defend against the state’s prosecution of those charges. In short, your time has come and action should be taken to seek legal counsel regarding one’s DUI-DWI case. For the balance of the people out there who may be wondering about the pros and cons of a DWI arrest and possible conviction, it may be a good idea to consider the worst-case scenario and then go backward from there.

As New Jersey DWI attorneys, my law firm does defend many individuals who have been accused of impaired driving — either through the use of alcohol or the taking of legal narcotic medications (perhaps even the taking of illicit drugs) — but we in no way condone intoxicated vehicle operation or driving a car, truck or motorcycle while under the influence of drugs or alcohol. The best way to avoid a DWI or drug DUI is to avoid consuming any amount of alcohol before getting behind the wheel of a vehicle.

Here in the Garden State few motorists have anything good to look forward to if a DWI-DUI conviction is the ultimate result. In addition to the often thousands of dollars in fines, fees and insurance premium increases, accused drunk drivers should also expect the installation of an ignition interlock device on their car once their driving privileges have been restored.
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August 4, 2014

Drunk Driving Defense Update: 911 Tips can Result in New Jersey DWI-DUI Arrests

by Jonathan F. Marshall

There are any number of events that can lead up to a drunk driving arrest — speeding, improper lane change, a burned-out headlight or tail lamp — almost anything can trigger a traffic stop by a municipal police officer or state trooper. Of the many different scenarios that can eventually lead to DWI or drug DUI charges, one situation that has become more and more frequent of late is the phoning in of a bad driver complaint to local police departments or the state patrol.

Over the past decade, law enforcement agencies have received more and more phone calls from concerned motorists who wish to report suspected drunk or impaired drivers. This has become extremely easy for almost anyone to do thanks to the explosion of cellphone and smartphones. More often than some may think, anonymous callers alert police of some suspected intoxicated driver on the parkway, surface streets or interstates, after which an arrest may be forthcoming.

For any driver who ends up receiving a drunk driving summons from a patrolman following a call from one of these frequent tipsters, there may be a lingering question of whether the initial police stop can be legally justified. To be sure, in order for a drunk driving arrest to be valid, there are indeed evidentiary and legal requirement that should be met. In general, because of the myriad of possible factors, it is wise to consult with a New Jersey DWI attorney; after which he or she will be able to analyze the facts surrounding the “tipster” situation and make a determination or whether or not the arrest (and the charges levied) were based on correct legal principals.
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July 31, 2014

Arrested by Police for Drunken Driving? Fighting Those DWI Charges can be a Viable Option

by Jonathan F. Marshall

Making the decision to fight DWI or drug DUI charges in the Garden State can be fraught with much anxiety and many questions. As experienced trial lawyers, my colleagues and I have defended hundreds of people over the years against all manner of civil and criminal charges. Every month we meet with dozens of New Jersey motorists who have been accused of intoxicated or drug-impaired driving, with the intent to have those charges reduced or dropped altogether. We know that the trepidation many people feel walking into a courtroom is completely normal, but it should not prevent you from fighting for your rights.

As Bergen County DWI-DUI attorneys, we believe that taking a proactive approach to protecting your legal rights can pay off in the end. My legal team here at the Law Offices of John F. Marshall, is highly regarded throughout the state of New Jersey, not only because of our seasoned and expert defense attorneys, but also because of the results that we obtain year in and year out. When we prepare a client’s defense case, we endeavor to exhaust every avenue while thoroughly investigating the details of the arrest, as well as presenting a comprehensive legal strategy as a challenge to the prosecution’s evidence.

It goes without saying that law enforcement agencies throughout New Jersey have a dim view of motorists suspected of DWI or drug DUI. Similarly, our state’s drunk driving laws provide for some very harsh penalties for those drivers who are found guilty of violating the DWI-DUI legal statutes. Quite simply, a motorist is considered to have been driving under the influence in New Jersey if his or her blood-alcohol concentration (or BAC) is 0.08 percent or more. Penalties associated with DWI-DUI are also based on the BAC measurement determined at the time of the arrest.
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July 28, 2014

Prohibition Redux: Marijuana Getting the “Alcoholic” Treatment

by Jonathan F. Marshall

As civil and criminal trial lawyers here in the Garden State, a large portion of our caseload is represented by client’s who have been accused of drinking and driving. Operating a motor vehicle while under the influence of alcohol is a long-standing public safety problem here in New Jersey, which is why a great deal of time and effort is spent by state government, police agencies and our judicial system in the curbing of this admittedly dangerous activity.

Similarly, drug DUI is also viewed as a safety issue on public roadways, and so our state laws include penalties for driving under the influence of hallucinogenic, habit-forming and narcotic substances, typically grouped into what is known as controlled dangerous substances, or CDSs. Marijuana — also referred to as pot, weed, hash or cannabis — is on the prohibited CDS list.

Although New Jersey, the federal government, and most other states still view marijuana as an illicit drug when it comes to recreational use, more and more people are leaning toward the legalization of pot, even beyond the legalized “medicinal” applications that even our state has adopted. Look at the public attitude toward pot in places like Colorado and you will see there is a huge revolution in the making.
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July 12, 2014

New Jersey Teens Playing with Fire? Underage Drinking/DWI can have Long-term Implications

by Jonathan F. Marshall

One of the many questions we get from prospective clients comes actually from the parents of teenagers who are facing charges of underage DWI. The first thing we explain to the adults is that leaving the outcome to chance is never a good idea. While the individuals involved in such court cases may still be children, flirting with a drunk driving conviction at such a young age is certainly not kid stuff.

As New Jersey drunk driving attorneys, the legal staff at my law firm understands that kids may be kids, but being on the hook for a drinking and driving offense is no time to leave a case of underage DWI to an inexperienced lawyer. Our skilled attorneys have nearly 100 years of combined litigation experience. We know the implications of any DWI or drug DUI conviction and we are ready to offer recommendations to those motorists who seek our counsel.

In the area of underage drinking and underage DWI, we understand that parents are often frustrated by the choices that some of their children make, especially as they are quickly approaching adulthood. Quite frankly, we can appreciate that it is a full-time job these days just keeping some kids on the “straight and narrow” path. The irony is that many parents committed similar transgressions in their youth, which can sometimes result in them being even more strict when setting boundaries for their own children.
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July 11, 2014

Garden State DWI-DUI Update: Avoid Running Aground with a Boating While Intoxicated (BWI) Charge

by Jonathan F. Marshall

While some non-boaters probably don’t know that the State of New Jersey legal statutes have a specific section that covers operation of a watercraft while under the influence of alcohol, prescription meds or illicit drugs; however, anyone who does pilot a boat in state waters should be aware of the law that addresses such situations. As Garden State drunken driving defense lawyers, my colleagues and I know the downside to being arrested, charged and convicted of DWI, but it is important to note that BWI (boating while intoxicated) has its own consequences.

When it comes to operating a watercraft while under the influence, the BWI statute (specifically N.J.S.A. 12:7-46) acts very much like the automobile-related DWI law (N.J.S.A. 39:4-50). If a boater is charged with BWI, my firm is staffed with a group of highly skilled and experienced attorneys who know how to handle such cases. For instance, a qualified DWI-DUI lawyer should understand that in order for the state to prove a person is guilty BWI, three elements must be covered:

First and foremost, the prosecution must show that the defendant was actually operating the watercraft or vessel in question. Second, the alleged operation of said vessel must have occurred on waters within the legal jurisdiction of the State of New Jersey. Finally, the third element involves proving that the accused boater was legally under the influence of an intoxicating beverage; or a hallucinogenic, narcotic, or habit-forming drug.
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July 1, 2014

Accused of Drugged Driving in New Jersey? It’s just as Serious as a DWI Offense

by Jonathan F. Marshall

Although being charged with drinking while intoxicated by alcohol is a very serious traffic offense, there are other activities that can get Garden State motorists in hot water rather quickly as well. The term impaired driving is often used as a catch-all for any number of offenses, such as DWI and DUI, but with the advent of cell phones, smartphones and even iPads and other portable tablets, being distracted while driving may soon be just another version of being impaired.

When it comes to the more traditional forms of impaired driving, the drug-related kind (or drug DUI) combines not only the charge of being impaired behind the wheel, but also the use and/or possession of a controlled dangerous substance (CDS). Overall, it goes without saying that driving under the influence of drugs is at least on a par with DWI in the eyes of traffic enforcement officers.

By law, specifically N.J.S.A. 39:4-50(a), any individual can be arrested for operating a motor vehicle while impaired by a hallucinogenic, narcotic or habit producing drug. Proof of impairment or intoxication due to CDS use is generally provided in the form of an expert opinion, however this requirement is currently relaxed during the ongoing appeals process in our state’s judicial system.
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June 22, 2014

New Jersey DWI News: Mothers Against Drunk Driving (MADD) Jump Into Ignition Interlock Fray

by Jonathan F. Marshall

Poised to testify in Trenton before the State Legislature’s Assembly Appropriations Committee, representatives from the anti-drunken driving group, Mothers Against Drunk Driving, or MADD, will state the case for pending legislation that could make ignition interlock devices (IIDs) mandatory for all convicted drivers regardless of prior convictions. The presentation by MADD is scheduled for tomorrow and is expected to echo those who have been pushing for changes to current state law to include the mandatory use of IIDs.

The proposed legislation, A 1368, which was introduced by Assemblywoman Linda Stender, would require ignition interlocks for every convicted drunk drivers, even first-offenders. While IIDs can be inconvenient and potentially embarrassing when installed on an individual’s vehicle, the legislation reportedly also includes changes to the license suspension requirements for those convicted of DWI.

As Garden State drunk driving defense attorneys, my colleagues and I know very well the serious burden that New Jersey’s current DWI-DUI statutes places on those individuals convicted of drunken drivers by requiring mandatory suspension of driving privileges for three months or more, depending on the number of prior convictions. Many argue that having a mandatory IID installation for every convicted offender is a small price to pay for NOT losing one’s driver’s license.
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