DWI News

January 3, 2018

New Jersey School Bus Driver Charged with DWI While Kids on Board

DWI charges can adversely affect almost every aspect of your life, including your job prospects. As a result, these charges should never be taken lightly. If you are a commercial driver who has been charged with a DWI, you need to reach out to a skilled New Jersey commercial DWI attorney who can protect your rights. We can scrutinize the details of your arrest and build you an aggressive defense for your case.

A school bus driver in Lakewood smelled of alcohol when he spoke to law enforcement during a road rage investigation, police said. The driver works for Lakewood-based Jay’s Bus Service and was carrying students who attend a private school. The incident took place at about 8:30 a.m. last month when the bus had about 20 kids on board. The bus driver was initially pulled over for a road rage investigation. Upon being pulled over, however, officers noticed the driver was slurring his speech and had bloodshot eyes. The driver was arrested for driving under the influence and endangering the welfare of children.

In New Jersey, bus drivers are considered commercial vehicle drivers. Those operating commercial vehicles are subject to different rules than those operating ordinary passenger vehicles. The Federal Motor Carrier Safety Act, in combination with the New Jersey Commercial Driver License Act, prohibits commercial drivers from getting behind the wheel of a commercial vehicle if their blood alcohol concentration (BAC) is 0.04 percent or higher, a significantly lower amount than the 0.08 percent that applies to ordinary drivers.

December 15, 2017

Woman Arrested After Driving Through New Jersey With Transit Sign Through Car Roof

by Jonathan F. Marshall

For most people, driving is a primary mode of transportation and a necessity to carry out day-to-day tasks. When you have been charged with driving while intoxicated (DWI), you may face a wide range of penalties, including losing your license. If you have been arrested for a DWI, it is imperative to reach out to an experienced New Jersey DWI attorney who will stand by your side at every step of the way. With years of experience, we understand how to build a strong defense for our clients.

Earlier this month, a woman was pulled over on Route 46 with a New Jersey Transit sign sticking through the roof of her vehicle. New Jersey police say the woman was drunk, and they stopped her when they noticed the sign protruding from the top of her car. According to law enforcement, the woman did not even know the sign was there. It is still unclear how the sign got there.

In the majority of New Jersey DWI cases, police pull over the driver of a vehicle for a traffic violation. Once the vehicle is stopped, police approach the vehicle and ask the driver for his or her driver’s license, as well as other information. At that point, the police officer is checking the driver’s eyes, breath, movements, speech, and general demeanor for any signs of intoxication. If the officer thinks you may be under the influence of alcohol or drugs, he or she may detain you for sobriety testing. If the officers believe there is probable cause to arrest the driver for a DWI, the driver will be put in handcuffs and taken to the police station. In the case at hand, the 52-year-old woman was arrested and charged with a DWI and careless driving after she failed two sobriety tests and a Breathalyzer reading.

December 1, 2017

Over 20,000 New Jersey DWI Convictions May Have been Based on Faulty Alcotests

by Jonathan F. Marshall

Being charged with a DWI is a daunting experience. If you have been arrested for driving while intoxicated (DWI) in New Jersey, you need to reach out to a skilled New Jersey DWI attorney without delay. A DWI conviction can negatively affect many aspects of your future, so it is important to get legal help quickly. While this is an extremely stressful time, it is important to remember that you have rights. Just because you have been charged does not necessarily mean you are guilty. Our team will protect your rights at every step of the way.

Last month, a letter went out to individuals who were arrested for drunk driving between 2008 and 2016 in Middlesex, Monmouth, Ocean, Somerset, or Union Counties. The letter was to inform these individuals that there might have been a problem with their DWI proceedings. It was prompted by the discovery that State Police Sgt. Marc Dennis, a former coordinator in the Alcohol Drug Testing Unit, may have been improperly calibrating Alcotest devices, which are used to check the blood-alcohol level of persons suspected of drunk driving. Specifically, he allegedly skipped setting the temperature at 100 degrees. If that temperature is off, the results can be inaccurate. The possible error calls into question all of the calibrations performed by Sergeant Dennis over the course of his career. The letter tells those charged with DWI that a specially appointed judge would weigh whether they are entitled to relief.

The Alcotest has been the standard for DWI detection in New Jersey for quite some time. It is a handheld breath alcohol-measuring device and is the successor instrument to the Breathalyzer. Police officers use the Alcotest to determine a driver’s blood alcohol content (BAC). A person commits a DWI in New Jersey when he or she operates a motor vehicle with a BAC of 0.08 percent or higher. Prosecutors rely on a defendant’s BAC to establish that the driver was driving while intoxicated. The burden of proof in all New Jersey DWI cases is on the state.

November 15, 2017

Rapper Arrested for DUI and Having Suspended New Jersey License

by Jonathan F. Marshall

Celebrities are no exception to the law. New Jersey native and rap star Fetty Wap, whose real name is Willie Maxwell, was arrested in New York last week on charges of drunk driving. Reportedly, at about 1 a.m., the rapper was caught drag racing with another vehicle at a high speed. The 26-year-old showed signs of intoxication and took a field sobriety test, which he failed. At this point, he was taken into custody. Upon his arrest, officers discovered that he had a suspended New Jersey driver’s license.

Under New Jersey law, driving while intoxicated (DWI) consists of driving with a blood alcohol content (BAC) of 0.08 percent or higher. When it comes to commercial drivers, the BAC level must not be 0.04 percent or higher, and for drivers under the age of 21, the BAC cannot be 0.01 percent or higher. In most cases, an officer will determine whether a driver is under the influence by administering a simple breathalyzer test, although there are other measures that can be used as well, such as field sobriety tests and blood tests.

A New Jersey DWI is a serious offense and can result in a range of penalties, including fines, fees, license suspension, community service hours, and jail time. The number of prior offenses and whether people or property were harmed during the incident can affect the penalties a defendant will face.

November 8, 2017

Does Uber Help Reduce Drunk Driving Accidents in New Jersey?

by Jonathan F. Marshall

A driving while intoxicated (DWI) charge should never be taken lightly because it can have far-reaching consequences for almost every aspect of your life. If you or someone close to you has been charged with DWI in New Jersey, it is important to reach out to a skilled New Jersey drunk driving attorney who can assess the merits of your case.

In 1910, New York was the first state in the United States to adopt a law against drinking and driving. Other states soon followed, and today every state has a drunk driving law. While these laws have been on the books for over a century, the unfortunate reality is that drunk driving is still a serious problem throughout the country. In 2015, approximately 10,265 people died in alcohol-impaired driving crashes, accounting for one-third of all traffic-related deaths in the nation.

A recent study published in the American Journal of Epidemiology examined the role that ride-sharing apps like Uber play in stopping people from driving while drunk. The study essentially concluded that the impact of ride-sharing services on drunk driving could depend on a city’s characteristics, and how much they discourage people from driving. For example, in a denser urban center with lots of traffic and limited parking, an individual may be more likely to use a ride-sharing service to get around. In short, there are many factors that could affect drunk driving, and it is not clear-cut that the presence of ride-sharing services directly reduces drunk driving accidents.

November 1, 2017

MADD is Concerned About the Legalization of Marijuana

by Jonathan F. Marshall

If you were arrested on suspicion of driving impaired by marijuana, it is imperative to reach out to a seasoned New Jersey drugged driving defense attorney who can help. The consequences of such a charge can be severe. You can rest assured that we are here to answer your questions and build you a strong defense in your case.

Mothers Against Drunk Driving (MADD) has expressed concerns about the repercussions of the legalization of marijuana on the roads. States, such as Washington, Oregon, and Colorado, that have already approved the use of marijuana have seen a sharp increase in fatal accidents. The Insurance Institute for Highway Safety and the Highway Loss Data Institute found that highway crashes increased by 3 percent overall in those three states after the legalization of recreational marijuana use.

MADD’s concern is well founded and supported by other statistics as well. Drugs, both legal and illegal, are involved in approximately 16 percent of motor vehicle crashes, according to the Centers for Disease Control and Prevention (CDC). The CDC also found that marijuana use has been increasing, and about 13 percent of nighttime and weekend drivers have marijuana in their system. Additionally, marijuana users were 25 percent more likely to be involved in a wreck than non-marijuana users, although other factors, such as age and gender, may also account for the increased crash risk.

October 10, 2017

New Jersey Assemblywoman Arrested for DWI

by Jonathan F. Marshall

The law surrounding the process of obtaining a driver’s blood for testing purposes is clearly outlined in New Jersey law. If you or someone close to you has been subjected to a blood test without your consent because the police believed you were driving under the influence of drugs or alcohol, our skilled New Jersey drugged driving attorneys can help.

What began as a routine investigation of a car accident quickly escalated and ended up with a New Jersey assemblywoman being arrested for driving while intoxicated (DWI) because the police believed she was under the influence of marijuana.

Police say the smell of marijuana was emanating from the car when the woman was stopped. She claimed that the smell was not of marijuana but instead of cigars, which she had been smoking earlier that evening. The woman refused to do a field sobriety test, at which point she was placed under arrest. She was then subjected to a drug test via her blood. The woman’s attorney says he is fighting to suppress the test, since the blood was drawn without the defendant’s consent and without a warrant.

September 13, 2017

New Jersey Ranks Among Least Strict States for DWI Penalties

by Jonathan F. Marshall

According to a new study conducted by WalletHub, New Jersey ranked 45th out of 51 states when it comes to being strict about DWIs. In other words, New Jersey is the seventh-most lenient. The states deemed to be less strict than New Jersey include Maryland, Idaho, North Dakota, Ohio, the District of Columbia, and South Dakota. While New Jersey may be relatively lenient on the list, this does not mean that DWI charges should be taken lightly. A DWI arrest or conviction can lead to serious negative consequences for many aspects of your life. If you or someone close to you has been charged with a DWI, it is imperative to reach out to a seasoned New Jersey DWI attorney who can protect your rights.

WalletHub’s recent findings were summarized in a report entitled Strictest and Most Lenient States on DUI. WalletHub decided to conduct this analysis because of the heightened number of drunk driving incidents. The report examined a number of factors, including:

Each state’s minimum jail time for a first and second conviction;
When a DWI is an automatic felony, if ever, in each state;
How long old DWI factors into penalties and how long an administrative license suspension lasts in each state;
Whether ignition interlock is mandatory;
Whether alcohol assessment is mandatory;
The amount of monetary fines for first and second offenses;
Whether the state has a “no refusal” sobriety testing policy;
Whether the state uses sobriety checkpoints; and
Other penalties.

February 22, 2017

New Jersey Home to One of America’s Lowest DWI Rates

by Jonathan F. Marshall

If you have been arrested or charged with a DWI, it is important to reach out to a skilled New Jersey DWI defense attorney who can help. The penalties for a New Jersey DWI can vary depending on the specific circumstances of your case. It is generally some combination of license suspension, monetary fines, mandatory interlock ignition installation in your vehicle, and even jail time. The stakes are high, which is why is imperative to act quickly.

Drunk driving is a serious problem across the United States. According to the Centers for Disease Control (CDC), 28 people in the United States die every day in motor vehicle crashes that involve an alcohol-impaired driver. This amounts to one death every 53 minutes.

But there is some good news: New Jersey has one of America’s lowest rates of drunk driving incidents. BackgroundChecks.org compiled data from the CDC, the Department of Transportation, and Mother’s Against Drunk Driving to form a list of the best and worst states for drunk driving. On that list, New Jersey ranks 4^th . New York tops the list, followed by Massachusetts and Illinois. These states boast the lowest drunk driving rates in the nation. According to the report, 111 people died as a result of drunk driving in the state of New Jersey in 2016, a 31.3 percent decrease from the preceding year.