DWI Stops

January 31, 2014

Alcohol-related Union County Arrests Include Traffic Accidents and Late-night Police Stops

A 53-year-old Plainfield, NJ, driver was taken into custody by members of the Garwood Police Department following a traffic accident near the intersection of South Ave. and Center St. According to news articles, a collision took place around 1am in the morning when a white van reportedly slammed into the back of another motor vehicle. Based on police information, a number of 911 calls were made calling officers to the scene as the driver of the van allegedly attempted to leave the scene of the crash.

Officers arrived shortly thereafter to find that one person had reportedly removed the driver of the van from his vehicle. Upon investigation, the patrolmen determined that the suspect was “so intoxicated” that he allegedly could not maintain his balance. As a result, the officers took the man into custody and arrested him for drunken driving. The other driver whose vehicle was hit complained to emergency responders of back pain and was transported to a local hospital for treatment.

The suspect was taken to police headquarters where he was charged with additional offenses, including a couple criminal complaints — vehicular assault and operating a motor vehicle on a suspended license reportedly due to multiple previous DWI convictions. The man was eventually released on $5,000 bail pending trial.
Continue reading

January 29, 2014

Things to Consider Arrested by Police at a New Jersey Sobriety Checkpoint

by Jonathan F. Marshall

Being flagged down at an unexpected police roadblock can be unnerving enough, even if one hasn’t spent a night out on the town. As any motorist in the Garden State knows, however, there are few easy solutions to being caught driving drunk when it comes to New Jersey police officers. In fact, the circumstances that can eventually lead to an arrest for DWI or drug DUI can be many and varied. One particular situation is that of the frequent sobriety roadblock, or DUI checkpoint. Motorists who find themselves in such a scary scenario may appreciate the following insights from our expert DWI defense staff.

As New Jersey defense attorneys specializing in drunken driving cases, my colleagues and I take pride in serving residents of Bergen, Essex, Ocean and Monmouth counties, among many others. We believe whole heartedly that knowledge is power; when a driver understands what he or she may be facing in terms of drunk driving charges and possible penalties, that information can help a person better make an informed and confident decision.

Whatever the cause or events leading up to a drunken driving arrest, being stopped by a New Jersey state trooper or local cop is usually the first of many steps that can eventually lead to a potentially costly and drunken driving conviction. Whether one is accused of excessive alcohol consumption or an unexpected reaction to some doctor-prescribed medication (drug DUI), knowing what typically awaits a motorist at a sobriety roadblock can perhaps ease his or her anxiety and calm that person’s nerves.
Continue reading

January 27, 2014

Concerned About What May Happen after Refusing a Breathalyzer Test?

by Jonathan F. Marshall

Talk to most any person who has been convicted of drunken driving in the Garden State and you will most likely hear about the ordeal of having one’s breath tested in order to obtain a blood-alcohol content (BAC) measurement. As we have explained numerous times in this forum, breath test results are often a key point of evidence for any municipal prosecutor looking to convict a motorist on DWI charges.

There is no doubt that the uninitiated — that is, drivers who have never been stopped by a police officer and arrested for driving while intoxicated — may not have an appreciation for all of the aspects of a drunk driving or drug DUI police stop. As Garden State DWI defense lawyers, my staff can explain to potential clients the various steps that a patrolman or state trooper should take when initiating a traffic stop, evaluating a suspected drunken driver, and making an arrest when an offense is believes to have taken place.

Dozens of drunk driving arrests happen all across New Jersey every week in counties such as Middlesex, Monmouth, Atlantic and Bergen. When a driver is stopped for a moving violation, if the officer in charge observes any signs of impairment, regardless of whether the individual is truly intoxicated, the officer may request that the motorist perform one or more of the standardized field sobriety tests as established by the National Highway Traffic Safety Administration (NHTSA).
Continue reading

January 20, 2014

Police Officers Make Three Arrests for Intoxicated Driving in Jackson Twp., NJ

by Jonathan F. Marshall

While police in Cape May, Ocean, Atlantic and Monmouth counties are all rather busy with drunken driving activity during the warmer months, it is a certainty that all during the year New Jersey State Police, municipal patrolmen and other law enforcement officials are kept active with DWI and drug DUI arrests no matter what the season. And it goes without saying, as the New Year holiday approaches, that instances of drinking and driving tend to become more frequent thanks to family gatherings, office parties and overall holiday celebrations.

As Garden State drunk driving defense lawyers, my colleagues and I receive our share requests for no-obligation consultations from motorists who have been accused of impaired driving. While there is no single scenario that illustrates a typical drunken driving arrest, if the police are following proper procedures it generally begins with a legitimate traffic stop for a driving offense or vehicle violation.

If there was no legitimate reason for the initial police stop, then there may be grounds for a dismissal of the subsequent DWI-DUI charges. Most people who are stopped by police and then arrested and charged with operating a motor vehicle while under the influence of alcohol are well advised to seek the advice of a skilled attorney with expertise in the area of drunken driving law.
Continue reading

January 18, 2014

Bergen County Woman Cleared of DWI Charges following Fatal Pedestrian Accident in Hackensack

by Jonathan F. Marshall

Being accused of drunk driving when one knows he or she is not intoxicated can be a frustrating and potentially expensive event in any person’s life, but being told that you were drunk following an injury or fatal accident can have greater implications, many of which may be undeserved and possibly damaging in so many ways. As New Jersey DWI defense attorneys, my legal team knows that a percentage of alleged drunk driving accidents can occasionally not be attributable to drinking and driving. Proving it, however, can sometimes be a challenge.

It goes without saying that the injury or death of any innocent person is a tragedy that nobody ever wants to occur. Unfortunately, automobile accidents can and do happen with alarming frequency here in the Garden State. For a driver’s honest and tragic mistake lead to a drunken driving arrest without the proper legal evidence only compounds the sadness felt by all concerned.

Our firm has seen, time and time again, where police officers make wholly subjective observations that have led to the unjust arrest of motorists for driving under the influence of alcohol or prescription drugs. While this does not always happen, each instance of an unjustified arrest provides an object lesson for why it is imperative to consult with a qualified DWI-DUI defense attorney when confronted with a drunk driving summons or other related traffic offense.
Continue reading

January 16, 2014

Teen Singer-Actor David Cassidy of TV’s “Partridge Family” Charged with 3rd Drunk Driving Offense

by Jonathan F. Marshall

Generally speaking, the police are not too selective when it comes to stopping motorists on New Jersey parkways and interstates, city streets and rural routes for any number of traffic offenses and vehicle-related infractions. Whether any one of these routine police stops develops into a drunken driving arrest has much to do with the observations that the officer in charge makes during the stop and whether or not the driver has actually consumed an alcoholic beverage recently.

As Garden State residents already know, the focus on anti-drunk driving enforcement has resulted in frequent DWI awareness campaigns tied together with enhanced anti-drunken driving police activities, such as saturation patrols and roadside sobriety checkpoints. Ultimately, most anyone who travels on New Jersey roadways while under the influence of alcohol or drugs may find themselves on the receiving end of a DWI or drug DUI summons with the attendant risk of heavy fines and other penalties.

Most anyone who drives a motor vehicle here, or anywhere across the country, likely understands that with police traffic enforcement comes the potential for drunken driving arrests. Few, if any, people are immune from being stopped by a traffic cop for even the smallest offense or most minor of infractions. Quite often, arrests of everyday men and women can include some from the ranks of the rich and famous.
Continue reading

January 14, 2014

New Jersey Drivers Arrested in Ocean, Monmouth on DWI, Hit-and-Run, and Drug Charges

by Jonathan F. Marshall

There are times when drunk drivers are much more likely to be stopped by New Jersey State Police or municipal patrolmen, but it’s safe to say that anyone who drinks and drives in the Garden State also runs the risk of being arrested for DWI. As New Jersey drunken driving defense experts, the attorneys at the Law Offices of Jonathan F. Marshall understand the risks faced by drunk motorists and the penalties associated with potential convictions.

Whether one lives, works or commutes in Bergen County, Essex County, Hudson or Middlesex counties, the chances of being stopped for even the most basic of traffic infractions can open the door to further scrutiny by a police officer. When that happens, and depending on the individual’s physical or mental condition, a patrolman may suspect some kind of impairment by the way in which the driver acts or speaks.

It isn’t that uncommon for a motorist to be asked by a policeman to exit his vehicle and perform a series of field sobriety tests, which is often the first step toward a full-blown DWI arrest. As DWI-DUI lawyers, we have seen a myriad of scenarios where drivers find themselves facing serious and potentially costly drunk driving charges following a simple error in judgment on the roadway.
Continue reading

January 13, 2014

New Jersey DWI News: Alcohol-related Motorcycle Crash and Other Drunk Driving Arrests

by Jonathan F. Marshall

There is no doubt in our minds that the average person can be rattled by a police officer stopping him for a moving violation. The fact is, only a small percentage of the general public ever comes in contact with a law enforcement officer during their daily activities. This means that the only time that most people ever encounter a state trooper or municipal patrolman is when they have done something wrong in traffic and are pulled over for a routine violation.

When that happens, it is not uncommon for some individuals to act nervous or anxious , fumble with their license and registration paperwork, and generally have a tremble to their voice; some of the very behaviors that police officers may point to as signs of possible inebriation. As New Jersey DWI defense lawyers, my legal team is well aware of the difficult situation that any police stop poses for some drivers.

Of course, being asked if one has had anything to drink prior to getting behind the wheel can sometimes turn an anxious motorist into a DWI suspect just moments away from an arrest. If it does happen, and you are taken into custody and charged with alcohol or drug-related impaired driving, it does become a serious situation. At that point, calling on an experienced drunken driving defense attorney can often be the next best step to fighting a DWI-DUI summons.
Continue reading

January 12, 2014

DWI News: Dash-mounted Cameras May be the Norm in New Jersey Police Vehicles

by Jonathan F. Marshall

Never desirable, abuse of power by any public official can result in various outcomes, most all of which are far from acceptable. For the average citizen, it is expected that the law and those who are sworn to uphold are there to protect the rights of the individual. But when the law is subverted by a person in a position of authority, such as an elected official or a police officer, action should be taken to correct the situation for those harmed, and to protect those who may be in the future. Sometimes an abuse of power is so significant, or rampant, that lawmakers are spurred to action to help prevent future abuses of power by unscrupulous individuals.

As New Jersey drunken driving defense attorneys, the legal team at my firm is dedicated to assisting motorists accused of drunken driving, and to fight against charges of DWI, drug DUI and other related offenses. As part of our job, we investigate all possible evidence both supporting our clients’ cases as well as those that benefit the prosecution. By understanding the totality of the charges and the evidence against a defendant, our lawyers can tailor their defense accordingly.

In many parts of the country, police departments have been employing dashboard-mounted video cameras to record traffic stops and possible drunken driving arrests, among other types of police activities. Here in the Garden State, law enforcement agencies have not been legally required to have dash-mounted cameras installed in police vehicles, but this may be changing.
Continue reading

January 11, 2014

Ocean Twp. Police Officers Log Multiple Drunk Driving and CDS Possession Arrests

by Jonathan F. Marshall

As is often the case here in the Garden State, when the police observe a motor vehicle being driven in an erratic or dangerous manner, it is incumbent on those officers to look into the situation. If a patrolman deems it necessary to pull a driver over due to a traffic violation or vehicle problem, then what happens during that traffic stop could result in a warning, traffic summons, or even an arrest. Quite frequently, absent any other serious violations of New Jersey criminal statutes, arrests of motorists generally fall under alleged intoxication by alcohol or impairment or through the use of prescription medications or illicit drugs.

While use or possession of illegal drugs (sometimes known as controlled dangerous substances, of CDSs) in a motor vehicle can lead to criminal charges as well, driving under the influence is nothing to sneeze at. Look at the news pages of any large metropolitan area and one can see the numerous arrests of drivers and other individuals for DWI and drug DUI. As New Jersey drunk driving defense lawyers, the members of my legal staff assists dozens us motorists every month who have been accused of impaired driving.

No matter the location, whether here in Monmouth County, up in Bergen or down in Atlantic County, there are a variety of police stops every day that involve some kind of chargeable offense. The following news items from Ocean Township, as a for instance, illustrate the range of arrests that take place daily; any one of these could happen in the dozens of towns or cities throughout New Jersey.
Continue reading