DWI Stops

February 5, 2020

Court Discusses State’s Burden of Proof in New Jersey DWI Cases

In most New Jersey DWI cases, the State must prove beyond a reasonable doubt that the defendant committed each element of a crime. In cases in which the defendant pleads guilty, however, the State’s burden differs. Thus, it is critical for someone considering entering a guilty plea to fully understand the ramifications of the plea and how the plea may affect his or her defenses thereafter. This was demonstrated in a recent New Jersey DWI case in which the defendant was convicted after he pled guilty and then argued that the State did not prove beyond a reasonable doubt that he committed the crime. If you are charged with a DWI offense in New Jersey, it is advisable to engage a trusted New Jersey DWI defense attorney who will work hard to protect your rights.

Facts and Procedural History of the Case

It is reported that the defendant was charged with his second DWI offense. He filed a motion to dismiss the charge, arguing that the State could not prove beyond a reasonable doubt that he was guilty. A municipal court hearing was held on the motion, during which the officer that arrested the defendant testified that he observed the defendant asleep in the driver’s seat of his car, with the engine running and the lights on, at a gas station in the middle of the night. Further, he testified that the windshield was smashed and the front bumper was damaged. When the officer woke the defendant, he had bloodshot eyes, slurred speech, and smelled of alcohol. He subsequently submitted to field sobriety tests, which he failed.

Allegedly, the defendant testified that on the night of his arrest, he hit a deer and then drove to a gas station and called his mother. He stated that while he was waiting for his mother, he drank four beers from a six-pack he had in his car. The municipal court judge did not find the defendant’s story to be credible and denied his motion to dismiss. The defendant appealed, and the Law Division affirmed, finding sufficient circumstantial evidence that the defendant operated his vehicle, after which the defendant entered a conditional guilty plea. He was sentenced, then appealed the denial of his motion to dismiss. Continue reading

July 25, 2018

Woman Drives Drunk to Pick Up Friend Charged with DWI at a New Jersey Police Station

by Jonathan F. Marshall

Driving under the influence of alcohol can lead to serious consequences such as fines, imprisonment and the loss of your driving privileges. If you or someone you know is facing drunk driving charges, you need to reach out to a seasoned New Jersey DWI attorney who can help. With extensive experience, we understand the nuances of this area of law and can aggressively negotiate to lower the penalties you are facing or try to get the charges dismissed altogether.

A Rockaway woman drove drunk to pick up a man who was charged with drunk driving. M.V., age 49, was charged with a DWI and reckless driving when she arrived at the police station appearing to be impaired. She was there to pick up 45-year-old R.W., of Washington, who had called her and asked her to pick him up after he had been charged with a DWI, reckless driving, failure to maintain lane and failure to obey traffic signal. Police administered field sobriety tests on M.V., which she failed and subsequently arrested her.

January 24, 2018

Motions You Can Use to Fight a DWI Charge in New Jersey

by Jonathan F. Marshall

Being charged with a DWI can be extremely daunting because these charges can affect many aspects of your life. As a result, these charges should never be taken lightly. If you have been charged with a DWI, you need the help and guidance of a seasoned New Jersey DWI attorney who can protect your rights. With years of experience, we are dedicated to advocating for our clients throughout the entire legal process.

Police have to adhere to certain rules and procedures when they make a DWI stop as well as when they make a DWI arrest. If these rules are not properly followed, a DWI charge may be reduced or dismissed altogether. Some of the motions that may be appropriate in your case are as follows:

Illegal stop: a motion that states you were stopped illegally, and thus any evidence based on the stop should be tossed out. In New Jersey law, a police officer may stop a motor vehicle if that officer has an “articulable and reasonable suspicion” of a violation of law by the driver or a passenger. This is a lower standard than “probable cause,” which is needed to make an arrest, but still requires detailed objective facts that would lead to a determination that the defendant broke a law. For instance, if you are pulled over for running a stop sign, the traffic violation would establish probable cause for the stop.

January 10, 2018

Legalizing Marijuana Would Affect DWI Stops in New Jersey or Other States

by Jonathan F. Marshall

As the laws regarding marijuana continue to change in many states, police stops will change as well. Both drunk driving and drugged driving charges are extremely serious. If you or someone close to you has been charged with a DWI in New Jersey, you need to consult a diligent and hard-working New Jersey drugged driving lawyer who can assess the merits of your case. We are committed to protecting your rights at every step of the way.

The National Highway Traffic Safety Administration (NHTSA) found a 50 percent increase in the number of drivers with marijuana in their system between the years of 2007 and 2014. The NHTSA conducted its first far-reaching study to analyze collision risks related to drug and alcohol use in 2015. The study found those with THC in their system were 1.25 times more likely to be involved in an auto accident. However, when taking into account age, gender, ethnicity, and alcohol use, the rise in accident risk with the presence of marijuana was inconsequential.

If the governor-elect follows through on his campaign promise to legalize marijuana, police will have to deal with significant changes when it comes to DWI stops in 2018. Among other things, one of law enforcement’s main concerns is the lack of a reliable field test for marijuana. There is no roadside test comparable to the Alcotest used for alcohol. As a result, testing for marijuana in New Jersey typically involves taking a urine sample from the defendant and sending it to the New Jersey State Police lab for analysis. In addition, most tests can show the presence of metabolized THC in urine or blood, but proving exactly when the drug was ingested is still not entirely possible.

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.

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.

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 20, 2017

Stop of the Vehicle in DWI Cases

by Jonathan F. Marshall

A police officer can stop a car for any legal reason. However, a reason is required, meaning arbitrary, unexplained stops are not permitted under the law. For example, an officer cannot just pull you over to check your driver’s license and registration. If you have been arrested or charged with a DWI in New Jersey, it is imperative to seek the help of a skilled New Jersey DWI attorney who can assess the merits of your case. We can examine the facts of your situation, including the manner in which your vehicle was stopped and the legality of the stop.

In New Jersey, the legal standard for making a traffic stop is “reasonable suspicion.” This is a legal standard that is something more than a hunch and something less than probable cause. The officer must be able to articulate a legal basis for the stop. For example, a police officer may stop a car if the driver is speeding or if the car is not properly registered. It is important to note that an officer’s mistaken belief or understanding of a fact (i.e., the driver had a suspended license) will not be invalidated as long as the officer’s actions were supported by a “reasonable” belief that the related facts were true.

In New Jersey, the offense of driving while intoxicated (DWI) consists of getting behind the wheel with a blood alcohol content (BAC) of 0.08 percent or higher. Put another way, if you are operating a motor vehicle with a BAC of 0.08 percent or higher, you are considered under the influence.

August 28, 2017

Labor Day DWI Checkpoints in New Jersey

by Jonathan F. Marshall

Police agencies from around New Jersey are preparing to set up for the state’s largest annual drunk driving campaign. The 2017 “Drive Sober or Get Pulled Over” Statewide Labor Day Crackdown will last until September 4. During this time, local and state police officers will carry out sobriety checkpoints and roving patrols targeting drivers who may be driving while intoxicated (DWI). If you have been arrested or charged with a DWI in New Jersey, you should reach out to a seasoned New Jersey DWI attorney who can assess the merits of your case.

The basic offense of a DWI in New Jersey takes place when a person operates a motor vehicle with a blood alcohol concentration (BAC) of 0.08 percent or higher. In other words, if you get behind the wheel with a BAC of 0.08 percent or higher, you are considered to be driving under the influence. A person who holds a commercial driver’s license is held to a much higher standard as a professional driver. These drivers will be driving while intoxicated if their BAC is 0.04 percent or higher. Drivers under the age of 21 will be considered to be legally impaired if their BAC is 0.02 percent or higher.

Labor Day is one of the many holiday weekends that see a significant surge in drunk driving accidents. The National Highway Traffic Safety Administration reported that more than 750 people died in drunk driving crashes during Labor Day weekend from 2010 to 2014. Evidence suggests that high-visibility enforcement, such as sobriety checkpoints, can reduce drunk driving fatalities by as much as 20 percent.

April 14, 2017

Urine Testing in New Jersey DWI Cases

by Jonathan F. Marshall

When a driver is arrested on suspicion of driving while intoxicated (DWI), police will conduct a chemical test to measure the driver’s blood alcohol content (BAC). Urine testing is one chemical way that New Jersey police can determine whether a driver was over the legal alcohol limit while driving. Urine testing, however, can be highly inaccurate. If you or someone close to you is facing a DWI charge based on a urine test, our seasoned DWI attorneys may be able to challenge the results.

The National Institute of Drug Abuse found that more than 20 percent of the labs that process urine tests for the presence of drugs and alcohol have reported “false positives.” This means that about 20 percent of the labs reported the presence of drugs or alcohol in drug- or alcohol-free urine samples. BAC results in urine tests are typically inflated because the concentration of alcohol is approximately 1.33 times the concentration of alcohol in blood. Unsurprisingly, New Jersey courts consider urine testing the least scientifically reliable form of chemical test.

Under New Jersey law, the basic offense of a DWI consists of an individual operating a vehicle with a BAC of 0.08 percent or greater. It is important to note that even if your BAC is below 0.08 percent, you can still be convicted of a DWI if your ability to drive was impaired. Essentially, you should not get behind the wheel if your ability to drive has been negatively affected by any substance.