DWI Stops

February 21, 2014

Municipal Police in Bergen County Arrest Drivers on Charges of DWI, Aggravated Assault

When it comes to alcohol-related traffic offenses, New Jersey is hardly unique among the many states that have stiff anti-drunk driving laws. We are, however, one of the most densely populated states in the Union, can make law enforcement efforts to curb drunk driving — not to mention drugged driving, or drug DUI — rather obvious and seemingly heavy handed. As Garden State DWI defense attorneys, my legal staff is always aware of the volume of intoxicated driving arrests that occur on a weekly, or even daily basis.

Whether a motorist is legally drunk or not is for a court to decide, but our job is to represent defendants who believe that they were unjustly accused of DWI or DUI. Convincing a judge that a defendant was not impaired at the time of his or her arrest can include calling witnesses, questioning the voracity of the breath test results obtained from an Alcotest device, and bring to light any procedural mistakes made by the police in the course of the arrest.

As experienced trial lawyers with extensive training in the defense of motorists charged with drunk driving, prescription drug DUI, underage drinking and driving, and breath test refusal, among others, my legal team has dedicated themselves to helping accused and alleged intoxicated drivers have their day in court. In addition to alcohol and prescription drug-related arrests, we also represent those individuals who have been charged with being under the influence of illegal substances (known generally as controlled dangerous substances or CDSs), such as cocaine, meth and marijuana.
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February 19, 2014

New Jersey DWI Enforcement Gets a Boost with Millions of Dollars Every Year

by Jonathan F. Marshall

With the continued emphasis on anti-drunk driving campaigns, enhanced DWI-DUI enforcement patrols, and overnight sobriety checkpoints all across the Garden State, some people might be wondering if the intensity of the anti-drunken driving efforts will ever abate. From our standpoint, as New Jersey DWI-DUI defense lawyers, any let up will certainly take a long time to come. Of course, part of the money for all of the additional manpower and overtime hours typically comes from federal funding.

For example, take the annual “Drive Sober or Get Pulled Over” holiday campaign that ran last year from December 6 to January 2. Dozens of police departments all across the state each received $4,400 in grant money for the 2013 holiday crackdown. All told, 144 departments shared a $730,400 pot of money to conduct drunk driving “saturation” patrols and set up DWI roadblocks in counties like Monmouth, Ocean, Middlesex and Hudson. For many people, just the threat of increased traffic enforcement was enough to make them think twice about having a drink at company parties or family gatherings.

According to news reports, about a one-third of all law enforcement agencies in the Garden State received some kind of funding to bolster police patrols around the state. The number was actually up from the previous year, when just 95 departments received grant monies. This kind of funding usually comes at times when the seasonal arrest rate for drunk driving is higher than normal. New Years is an especially busy time for police officers when it comes to stopping potentially drunk motorists.
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February 17, 2014

Marijuana DUI: The Next Big DWI Crusade?

by Jonathan F. Marshall

It’s already on the books, that is, the Garden State’s legal statutes that specify the use of marijuana (and certain other substances) as grounds for being arrested and charged with driving under the influence. Whatever you call it: weed, pot, grass, hash, or just plain Mary Jane, marijuana has for years been listed as one of many controlled dangerous substances (CDSs), all of which are considered illegal because they are either hallucinogenic or habit-forming. As New Jersey DWI defense lawyers, my legal team has been defending motorists charged with marijuana DUI for years now.

Under New Jersey statute 39:4-50, any motorist operating a car, truck or motorcycle who is found to be under the influence of any habit-producing drug or narcotic can be arrested and charged with a violation of state law. The fines and punishments are not unlike those associated with alcohol-related DWI; hundreds of dollars in fines, plus possible jail time and suspension of one’s driver’s license. The interesting thing is that we may just see more and more pot-related DUIs in the future thanks to the course of marijuana legalization in many states.

From a legal point of view, the use of weed versus the consumption of beer, wine or hard liquor has some differences. In fact, the statute covering marijuana DUI does not provide for any specific criteria on how the state should determine that a driver was actually under the influence of marijuana when pulled over by a police officer. The proving of this element becomes what attorneys refer to as a “fact specific” inquiry.
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February 15, 2014

Monmouth Motorist Suspected of DWI after Head-on Crash in Ocean County

by Jonathan F. Marshall

We have mentioned this more than once in this forum, but again, it bear repeating: Getting behind the wheel of an automobile is a foolhardy venture to start with, but complicating a certain drunk driving arrest with a serious traffic accident is something that will only makes a DWI defense all the more difficult. As Garden State trial attorneys experienced in drunk driving and drug DUI law, we know how thorny a drunk driving case can be when the defendant has injured or killed another individual in the process.

It doesn’t make much, if any, difference where a collision involving alcohol or drugs takes place; be it in Mercer, Union, Bergen or Atlantic County, when a motorist is facing a combination of drunken driving charges plus vehicular assault (or worse, death by auto), the job of any DWI-DUI attorney will be made that much difficult by the circumstances surrounding the collision.

Yet, in spite of common sense and public service campaigns to the contrary, dozens of people find themselves in similarly serious legal predicaments every month. Here in the Garden State, driving while intoxicated is not looked upon with any sympathy by the police, the courts or the community at large. The attitude of society for those who cause a serious injury accident, and most certainly a fatal traffic collision, often borders between contempt and hatred.
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February 10, 2014

Ocean County Traffic Stops Lead to Multiple Intoxicated Driving Arrests and Drug-related Charges

by Jonathan F. Marshall

As Garden State DWI and drug DUI defense lawyers, my colleagues and I often remind potential clients that when a police officer makes a traffic stop the action itself can be construed as a “seizure” within the legal definitions stated in the Fourth and Fourteenth amendments of the United States Constitution. As most every legal professional knows, over the years there has existed some doubt as to what truly constituted a valid traffic stop. But these doubts were essentially wiped away following the landmark Supreme Court decision of Delaware v. Prouse.

One of the more popular reasons, at least among police officers, for stopping many a motorist is the common moving violation known as failure to maintain one’s lane; this justification for making a routine traffic stop is second only to pulling a car or truck over based on one of the more typical vehicle equipment infractions, such as a burned out headlight or taillight (in fact, if you find yourself driving a vehicle with a burned-out or broken lamp anywhere on the car or truck, be prepared to have a state trooper or municipal patrolman stop you on the roadside).

When it comes to common moving violations – mainly, straying from one’s lane — drivers who find themselves having a difficult time staying within the lane markers during the evening hours will more than likely end up having a conversation with a law enforcement officer on the shoulder of the roadway. If it’s simply a matter of fatigue, a motorist may simply get a warning; but if that individual has consumed any alcohol recently, much less admits to the fact, complications will likely arise.
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February 9, 2014

Bergen, Monmouth, or Ocean County; Regardless Where a DWI Arrest Occurs, a Strong Defense is Important

by Jonathan F. Marshall

The old saying, “It’s not what you know, but who you know,” could be applicable to almost any aspect of life. Whether you are looking for an experienced building contractor, a reliable snow removal company, or a skilled legal expert, it’s always best to do one’s homework in order to get the best and most qualified professional on your side. But, while many things in life can be put off, finding a good attorney is not necessarily one of them.

For anyone who has even been charged with driving while intoxicated (DWI) or driving under the influence of prescription medications (drug DUI), it is a fact that when staring at potential penalties in the hundreds to thousands of dollars, getting to know a good drunk driving defense lawyer can quickly become a top priority. Here in the Garden State, being convicted of DWI or DUI, not to mention breath test refusal, underage drunken driving, or marijuana possession in a motor vehicle can be a serious event in one’s life; and, one that will not soon be forgotten.

The often serious penalties awaiting those who are found guilty of drunk driving can include not only monetary fines and assessments, but also a likely driver’s license suspension, imposition of an ignition interlock device on one’s vehicle, not to mention the possibility of jail time. As anyone can imagine, being charged with an alcohol- or drug-related traffic offense can have serious ramifications for the motorist and his family.
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February 8, 2014

NJ Appeals Panel Finds Princeton Police Officer Made Unlawful DWI Arrest of University Student

by Jonathan F. Marshall

According to news articles, a Princeton police officer was found to have broken the law in the fall of 2012 when he reportedly arrested a student for drunken driving near the campus of Princeton University in Mercer County without showing probably cause for his actions. The decision, which came from a New Jersey appeals panel, found fault with the patrolman’s actions prior to arresting the university student. Based on news reports, after the officer observed a driver resting his head on the steering wheel of his parked vehicle, he opened the driver door without cause.

News articles reported that the October 2012 arrest began with Sgt. Steven Riccitello seeing a motor vehicle legally pull into a parking spot in a convenience store parking area. The officer then reportedly noticed that the driver put his head down and closed his eyes inside his legally parked vehicle. One of the three appeals judges reviewing the case stated that seeing such activity was not sufficient grounds for the patrolman to open the car door and essentially search the interior of the car.

This particular drunk driving case was based on an emerging legal theory known as the “community-caretaking doctrine.” This legal theory essentially allows police officers to take certain kinds of action, without the need for a warrant, if they believe that an individual is in need of assistance or that someone’s property is in “immediate danger.” According to court records, the Mercer County Prosecutor’s Office said that the patrolman had opened the car door because he was inquiring into the driver’s “wellbeing” and not, as the defendant’s attorney apparently suggested, that the officer believed that the motorist was perhaps intoxicated or otherwise impaired.
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February 7, 2014

Bergen County Police Blotter: Officers Encounter Drunk Motorists, Make Drug-related Arrest

by Jonathan F. Marshall

Rather few members of New Jersey’s law enforcement community have much sympathy when arresting drunk drivers here in the Garden State. And with the amount of energy devoted to stopping motorists who may or may not be inebriated, there should be no question as to the aim of most state and local DWI and drug DUI patrols; that is, to hand over to the local prosecutor’s office motorists who have in the eyes of the law very likely committed a drunken driving offense. Along with the defendant, police must also provide the municipal prosecutor with sufficient evidence to obtain a conviction.

Does it happen? Yes, indeed. Many people do have their day in court only to be found guilty and then have still penalties heaped upon them. The law is specific, not only in terms of the various criteria that must be met to attain a guilty verdict, but also the monetary penalties and other punitive actions, post-conviction, all provided for by this state’s drunken driving statutes. As DWI defense lawyers, our job is to consider all of the facts, particularly those held up by the prosecution as evidence that a motorist was truly drunk at the time of his or her arrest.

As drunk driving defense attorneys, my legal team knows that not every driver arrested for operating a motor vehicle while intoxicated was actually impaired beyond a reasonable doubt. My colleagues and I know that many people who are picked up for DWI-DUI — especially many first-time offenders — did not consciously decide to go out and break the law by driving drunk. However, once that traffic stop is made, and an officer suspects the driver of being impaired by alcohol or drugs, an arrest is most likely forthcoming, to be followed by formal charges and the setting of a hearing date in a municipal courtroom.
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February 4, 2014

Arrested for DWI? It’s Important to Understand the Legal Process for a New Jersey DUI

by Jonathan F. Marshall

As experienced trial lawyers concentrating on DWI defense cases, my dedicated legal team has defended literally hundreds of individuals over the years who have been accused of operating a motor vehicle while under the influence of alcohol, doctor-prescribed medications, and even illegal substances, such as meth, cocaine, and pot. Many of our clients began their legal fight following a relatively basic traffic stop, which often is the situation in many drunken driving cases.

As long-time drunken driving attorneys, we know that being pulled over by a highway patrolman or local cop can happen for any number of reasons; some as seemingly insignificant as a burned-out license plate lamp or cracked windshield. However, even these relatively innocuous infractions can actually result in the motorists being issued a summons for drinking and driving; many times, an arrest will occur and the driver’s vehicle may be impounded.

It really makes no difference where in the Garden State one resides, works or goes to school; DWI and drug DUI police arrests happen all over the state, in such places as Atlantic, Bergen and Monmouth counties, or Newark, Princeton and Atlantic City. As a driver operating on the highways, interstates and surface streets of New Jersey, there is always a possibility that you or someone you know will be stopped by a law enforcement officer for one of dozens of comparatively minor traffic offenses.
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February 1, 2014

As New Jersey Police Crack Down on DWIs this Super Bowl Weekend, What About Pot?

by Jonathan F. Marshall

Few people have accused New Jersey law enforcement officials as being soft on drunk drivers; certainly not lately, so it wasn’t surprising that with the world’s premier sporting event taking place right here in the Garden State, that police all across the state were gearing up for some serious anti-DWI enforcement. As Monmouth County drunk driving defense lawyers, my colleagues and I are very familiar with the effort with which state and local patrolmen pursue those who may have had a little too much to drink.

While New Year’s Eve, along with other popular national holidays, are prime time for DWI and drug DUI enforcement, the arrival of the Seahawks and Broncos is really heating things up for state police and municipal cops statewide. According to news reports, police presence on New Jersey roadways promises to be uncommonly high this coming Super Bowl weekend, especially in the East Rutherford area. The New Jersey state attorney general’s office has advise fans who expect to party hard before, during and after the big game to bring a sober designated driver along for the fun.

This warning is not exactly falling on deaf ears, since those who follow police anti-drunk driving campaigns liken Super Bowl weekend to that of New Year’s, which is recognized as one of the largest binge-drinking times of the year. And, because hundreds of New Jersey police will be working overtime to keep the streets safe and free of intoxicated motorists, there is no reason for anyone planning to celebrate professional football’s famous face-off between the best of the NFC and AFC.
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