DWI Stops

January 10, 2014

Monmouth County DWI Defense: Exploring Various Aspects of a Typical Drunken Driving Arrest

Being stopped by a New Jersey State Police officer or local cop for a traffic offense can be unnerving enough for most people without the added concern of being arrested for DWI. As Garden State drunken driving defense lawyers, my firm is all too aware of the emotions that can come to the surface when faced with a summons for driving under the influence. Often frightening, and certainly unsettling, the experience of being taken into custody is only overshadowed by the potential financial impact that a DWI or drug DUI conviction can have on an individual or his family.

The state of New Jersey has long since banned plea bargaining as a common avenue to having a drunk driving charge dismissed or downgraded. Because of this, many people might wonder why they should even consider retaining a DWI attorney at all. First and foremost, an experienced legal expert can look for flaws in the state’s case, which can range from the way the police officer conducted the traffic stop prior to the DWI arrest, to the procedures followed or skipped after the driver submitted to a breathalyzer device in order to determine his or her blood-alcohol concentration (BAC).

When asking why one should hire a lawyer for a DWI or drug DUI defense, it may be more important to ask what the secret to success is when it comes to avoiding a conviction. At the very least, someone accused of driving drunk should contact a qualified professional to determine if fighting a drunk driving summons would be fruitful or if a downgrade is possible. In our experience, identifying any potential issues that may undermine the state’s ability to prove the DWI-DUI offense is a key objective when discussing a defendant’s options going forward.
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January 9, 2014

Drunken Driving Defense News: Court Dismisses DWI Charges in Case against Fort Lee, NJ, Official

by Jonathan F. Marshall

New Jersey news outlets reported a while back that the Fort Lee, NJ, emergency management chief had his drunken driving charges dismissed by the court after the prosecution could not prove beyond a reasonable doubt that the man was, in fact, drunk behind the wheel when officers stopped his vehicle in Bergen County a year ago.

As Garden State drunk driving defense lawyers, my colleagues and I could easily point to this single instance as an example of how the police can often be either wrong in their assessment of a motorist’s state of inebriation or their failure to follow proper procedures when stopping, arresting and processing a suspected drunken driver. The bottom line is if you or someone you know has been charged with DWI, breath test refusal, or drug DUI, or other alcohol or drug-related traffic offenses, never assume the state has the upper hand.

In this particular case, 61-year-old Stephen Ferraro, who is the coordinator for Fort Lee’s Office of Emergency Management, as well as being a former police captain, was charged with DWI following a routine traffic stop in February 2013 after officers observed the man making what was described as an unsafe lane change. Because of this, and exclusive of the drunk driving accusation, Mr. Ferraro was also charged with reckless driving.
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January 5, 2014

Hefty DWI-DUI Penalties Help New Jersey and Other States Punish Drunk Driving Offenders

by Jonathan F. Marshall

These days, the monetary penalties for a DWI or drug-related impaired driving offense can be quite stiff no matter what state one lives in. But here in New Jersey even a first drunken driving carries with it such a significant financial impact for most people that they don’t soon forget that initial DWI arrest. As Garden State drunk driving defense lawyers, my colleagues and I have many decades of collective courtroom experience when it comes to defending New Jersey motorists accused of DWI-DUI, as well as drivers from other states.

As we’ve mentioned in the past, a first-time DWI offender can face upward of a $400 fine in New Jersey, depending on the results of his or her blood-alcohol content (BAC) measurement at police headquarters. We say this with the caveat that under certain circumstances a skilled attorney can sometimes get the court to suppress the breath test results, which may then help to mitigate these first-offender penalties.

It is important to note that if one were to up the ante by having a BAC measurement of 0.15 percent, the court will have no other choice than to include the requirement of an ignition interlock device following the license suspension period for those convicted of driving under the influence. These interlock devices also come with their own costs, which make their mandatory use in such cases expensive as well as inconvenient and, at times, embarrassing. To say the least, New Jersey has some of the more harsh DWI and DUI penalties, but drivers in all nearby states should consider carefully the potential downside of a DWI arrest.
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December 31, 2013

Ocean County Sobriety Roadblock Nets Police Handful of Intoxicated New Jersey Motorists

by Jonathan F. Marshall

Considering the volume of DWI and DUI arrests that are carried out every month in the Garden State, most every drunk driving defense attorney has likely represented at least a few clients who have been charged with driving while impaired after running afoul of the police at a local DWI checkpoint. Most months, all around the state, one might expect a certain number of these DUI roadblocks in operation on the weekends and during high-traffic holidays. This makes it all the more certain that, over time, more motorists will be arrested at one of the late-night roadblocks and hit with a DWI summons.

The fact that state and local law enforcement agencies are legally obliged to make public the locations and operating times of these so-called sobriety checkpoints could lead many people to assume that it is relatively easy to avoid being stopped at one of these roadblocks, whether one is driving with some amount of alcohol in one’s system or not; however, it is also very easy to overlook the relatively brief announcements that appear prior to the erection of a DWI-DUI checkpoint.

According to New Jersey legal statutes, the police are limited as to the locations and operation of a sobriety roadblock. Quite simply, the authorities cannot place a checkpoint anywhere they choose; it must be located in an area that has a demonstrated history of prior incidents of drunken driving.
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December 29, 2013

Toms River Driver Accused of DWI after Single-vehicle Ocean County Car Crash

by Jonathan F. Marshall

Being stopped for a minor traffic violation by a New Jersey state trooper or local patrolman may not seem too serious to some people, unless the motorist in question has taken a drink in the recent past. Seeing as driving drunk is looked upon with much disdain here in the Garden State, it is not difficult to understand how a normally upstanding citizen can find him or herself in relatively hot water if alcohol is mixed with the operation of a motor vehicle.

Whether a driving infraction takes place in Sussex, Bergen, Monmouth or Hudson County, there is really no difference in the penalties that most any driver will likely face if convicted of driving under the influence of beer, wine or hard liquor. And, for those individuals who hardly ever touch alcohol, keep in mind that even doctor-prescribed medications can have a deleterious effect on one’s ability to pilot a car, truck or motorcycle. Even teetotalers have been known to be accused of impaired driving due to the effects of one or more prescription medicines.

Seriously, the powers that be in almost every corner of the state have no tolerance for people who slide behind the wheel of a vehicle in an inebriated state. Anyone who believed that all those public service announcements about DWI and drug DUI are simply PR hype, it’s best to think again. Quite frankly, with all the emphasis on drunken driving enforcement during the holidays, as well as other times of the year, it’s difficult to imagine that there are still drivers who take the chance of bine arrested for DWI or DUI, but it does happen with extreme regularity.
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December 27, 2013

Rutgers University Freshman Suspended from Football Team after DWI on Campus

by Jonathan F. Marshall

Here in New Jersey, as with the other 49 states, the minimum drinking age is 21 years. While rather unlikely, this restriction can sometimes be confused with the minimum age at which tobacco products can be purchased, which is 19 years old. Regardless, there are many people who argue that U.S. citizens who are old enough to vote and even join the military should at least be accorded the right to purchase and consume alcohol at a an age younger than 21 years.

In the Garden State, the Division of Highway Traffic Safety, as well as the Division of Alcoholic Beverage Control and the Partnership for a Drug-Free New Jersey formed what is known as the “NJ21 Coalition,” which is made up of representative groups from government, law enforcement and education, as well as non-profit agencies who are all opposed to any suggestion of reducing the state’s minimum drinking age.

Those opposed to lowering the minimum drinking age often point to 1980, when the state’s minimum legal drinking age was bumped up to 19. Preceding that legislative move, annual drunken driving fatalities among young people 18 to 20 years of age was at an all-time high of 88. Then, in 1983, the drinking age was raised once again to the current 21-year limit; the annual death rate among that same segment of the population dropped again, this time to 45.
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December 18, 2013

New Jersey DWI Defense Update: Are Field Sobriety Tests Really Useful in Determining Driver Impairment?

by Jonathan F. Marshall

For those who have recently been arrested and charged with a drunken driving offense, you may be asking yourself, what can I possibly do to lessen or even avoid the penalties associated with a DWI conviction? As New Jersey drunk driving defense attorneys, the legal team at The Law Offices of Jonathan F. Marshall understands your concerns. Surely, with a summons in hand and a police officer most likely ready to testify as to a driver’s impairment, what chances does the average motorist have against the system?

First of all, it is important never to assume that nothing can be done to remedy the situation in which you now find yourself. Next, do some research and find a qualified DWI defense lawyer who can speak from experience and give you the straight facts on drunk driving arrests and discuss the options specific to your impaired driving case. While there are no guarantees in this life, the law was created to help people fight charges levied against them by the state. You do have rights.

Many people facing similar situations have asked themselves, Why should I get a lawyer when the odds seem stacked against me? We can’t speak for every attorney out there, but if our law firm decides to take on the defense of your case, it is because we believe that your situation can be improved; this is typically done by examining all the relevant facts, police records and legal information pertaining to your DWI traffic stop.

A large number of motorists, when suspected of DWI or DUI, will be asked to perform a field sobriety test at the scene of the traffic stop. Taking one or more of these standardized tests can be challenging even to the most sober individuals, especially under stressful and embarrassing conditions. This is why there has been much debate as to the accuracy of some field sobriety tests. In fact, some experts believe that these tests are anything but accurate when used to determine a driver’s level of impairment due to alleged alcohol consumption or drug use.
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December 16, 2013

Hudson and Ocean County DWI News: Police Arrest Four Motorists for Various Drunken Driving Offenses

by Jonathan F. Marshall

Drunken driving, DUI, DWI, impaired driving, drug DUI, breath test refusal and numerous other drug- and alcohol-related driving offenses are topics that many people of driving age have heard of, but fewer actually know about from personal experience. Covered under the New Jersey drunk driving statute (N.J.S.A. 39:4-50), offenses such as driving while intoxicated by alcohol and driving under the influence of drugs are serious charges that carry stiff penalties for anyone convicted of them.

As Garden State DWI defense lawyers, my colleagues and I have discussed with many of our clients the rather harsh penalties associated with a guilty verdict for drinking and driving. Despite the amount of publicity aimed at discouraging DWI-DUI, it is interesting that many motorists apparently still find it hard to imagine that they will ever be arrested for operating a motor vehicle while under the influence.

As every drunk driving defense attorney knows, New Jersey’s DWI law states that no person shall operate a vehicle while under the influence of any intoxicating liquor, narcotic, hallucinogenic or habit producing drug. The penalties for such an offense include upward of $400 for a first-time offense plus a one-year driver’s license suspension. For a second offense the stakes rise to as much as $1,000 and a two-year license suspension.
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December 12, 2013

Essex County Drunk Driving Enforcement Update: Caldwell, NJ, Sees “Drive Sober” Campaign for Holidays

by Jonathan F. Marshall

Well it is true that here in New Jersey, many drivers are all too familiar with the seemingly ever-present police patrols on our highways and surface streets. And while few law-abiding citizens would complain about the benefits of having a well-policed and safe society, from the standpoint of potential erroneous drunken driving arrests or drug DUI charges based on insufficient or improperly gained evidence, many people might be thinking enough is enough.

The fact of the matter is that New Jersey law enforcement authorities frequently receive funding for anti-drunken driving campaigns when certain seasons roll around. As motorists ourselves, we are happy to have safer roadways, but this sometimes comes at the expense of innocent individuals accused of an illegal act such as driving while intoxicated or operating a motor vehicle while impaired by prescription medications.

As Garden State DWI and drug DUI defense attorneys, my legal team understands how easily a motorist can end up being stopped for a simple traffic infraction only to find herself being taken to police headquarters for a breath test and possible incarceration for the night. Any time a motorist is stopped by a police officer, the stress of such an event can cause nervousness and an overall unsettled feeling. It’s no surprise that many people are suspected of being intoxicated simply on the basis of their nervous mannerisms during such a potentially intimidating experience.
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December 10, 2013

Is There Hope for Habitual Drug Users Outside of being Penalized Heavily for Drug DUI?

by Jonathan F. Marshall

As drunk driving defense attorneys, my colleagues and I have for many years represented dozens of motorists accused of driving while intoxicated by alcohol. Young or old, male or female, the odds of being picked up for a DWI here in the Garden State can be quite high, especially if a person makes one too many driving errors in the presence of a local patrolman or state trooper. But being accused of DWI is just one side of the coin; drug DUI is another equally costly charge that many motorists are hit with day in and day out across the Garden State.

Just like alcohol-related charges, New Jersey drivers can be arrested under N.J.S.A. 39:4-50(a) for operating a car, truck or motorcycle while under the influence of a legal or illegal drug if that substance is deemed a narcotic, hallucinogenic or habit-forming drug. In order for a charge like this to stick, it usually needs to be supported by the professional opinion of an expert in the field, though it should be remembered that at this time the requirement is relaxed while on appeal in the New Jersey court system.

To understand the phrase, “under the influence,” it is important to recognize that it means a “substantial deterioration or diminution” of a driver’s mental faculties or physical capabilities. As we mentioned above, this applies as much to intoxicating liquor as it does to doctor-prescribed medication that is narcotic or habit producing in nature. As one can imagine, illegal drugs such as cocaine and marijuana are also recognized under the state’s DWI statutes since they can also deteriorate a person’s mental and physical capacity.
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