DWI Stops

November 22, 2013

Out-of-State Driver Arrested for Drunken Driving, Causing DWI Traffic Accident in Hackensack

As Garden State DWI and drug DUI defense attorneys, my colleagues and I have represented hundreds of individuals for a variety of civil and criminal offenses. When it comes to drunken driving, as experienced trial lawyers, we know that there are numerous approaches to a DWI-DUI defense. While we understand why some people might be averse to hiring a legal representative to stand by them in court, the penalties associated with a drunk driving conviction are significant enough these days to warrant at least a consultation.

We are often asked by potential clients how realistic it is to believe that one can fight a charge of operating a car, truck or motorcycle while under the influence of alcohol or prescription drugs. The response to this question has a great deal to do with what the accused driver has in mind for himself as he stands before the court. If someone is already resigned to pleading guilty, then we know that is no way to win a DWI-DUI case.

Being apprehensive about defending oneself is a natural feeling. Most laypeople have little or no knowledge of the law, much less New Jersey’s specific drunken driving statutes. If the thought of going up against a skilled municipal prosecutor and his or her star witness — usually the arresting officer — makes one unsure of their chances of winning their case, perhaps speaking with a qualified DWI attorney might be in order.
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November 18, 2013

Garden State DWI News: School Bus Driver Sues Police After Being Accused of Drunken Driving

by Jonathan F. Marshall

Most likely any parent of school-aged children would feel rather uncomfortable having their kids shuttled about by a person who was impaired by alcohol or drugs. The fact of the matter is, because we value our children and the promise they hold for the future, school systems and motor coach companies have strict requirements for anyone who drives young children around. At the same time, as experienced trial attorneys, my colleagues and I believe that anyone who is charged with a crime, civil or criminal, deserves the right to challenge those accusations in a court of law.

Without a doubt, drunken driving is one of the more reviled traffic-related offenses that occur on a regular basis here in the Garden State. As New Jersey DWI-DUI defense lawyers, our job is to represent defendants who have been accused of an offense such as operating a motor vehicle while under the influence of beer, wine, liquor or prescription drugs. Our law offices also take on clients who have been charged with marijuana DUI or possession of a controlled dangerous substance (CDS) in a car or truck.

We understand all too well how being accused of DWI or drug DUI can ruin one’s standing in his or her community or destroy professional relationships; never mind the loss of one’s career following a possible conviction for drinking and driving or drug-impaired motor vehicle operation. As it stands, those individuals whose job it is to drive a taxi cab, livery sedan, airport shuttle or school bus can suffer greatly once a charge of DWI or DUI has been levied. The potential loss of income following a conviction can be devastating to any professional driver.
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November 17, 2013

Drunken Driving Police Blotter: Monmouth and Ocean County Police Charge Several Drivers with DWI, DUI

by Jonathan F. Marshall

Here in the Garden State, one could say that DWI arrests are hardly uncommon, especially at times of the year when seasonal celebrations or holiday vacations mean more parties and family gatherings than usual throughout the state. As New Jersey DWI and drug DUI defense experts, the legal staff at my firm understands the ease with which a normally law-abiding individual can find himself taken into custody by a local or state police officer and charged with drunken or impaired driving.

Although getting pulled over happens to thousands of motorists every year, those who exhibit behaviors that lead a patrolman to suspect alcohol consumption or use of a controlled dangerous substance (CDS) could be facing stiff penalties down the road. Receiving a DWU or drug DUI summons can be a nerve-racking experience for most anyone who has never even had a traffic ticket for a simple moving violation.

Nevertheless, quite often a drunk driving summons or an arrest for possession of a CDS in a motor vehicle can begin with the most innocent of driving errors. We see it in news articles and in court transcripts all of the time; Failure to signal a turn, faulty headlights or license plate lamps, and even a chipped windshield can open a motorist up to scrutiny by a municipal cop or state trooper.
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November 16, 2013

Ocean County DWI News: Berkeley Police Net Half-dozen Drunken Drivers during Late-night Checkpoint

by Jonathan F. Marshall

Success can be measured in many ways. For the police it can often mean the total number of traffic tickets or felony arrests over a month’s time. When it comes to sobriety checkpoints, we often read of successful efforts resulting in drunken driving and drug DUI charges against motorists who were pulled over at any number of roadside DWI checkpoints. The result, for many of the drivers served summonses at these locations may be fines or even jail time, depending on their particular circumstances.

As New Jersey drunk driving defense lawyers, we have seen numerous individuals who have been stopped at one of these late evening police roadblocks only to be arrested for operating a motor vehicle while intoxicated. Despite concerns over the legality of sobriety checkpoints, the practice continues all across the Garden State.

Known variously as DUI checkpoints, drunk driving roadblocks or DWI checkpoints, the purpose of these so-called sobriety roadblocks is primarily to deter motorists from driving their vehicles vehicle while under the influence of alcohol, prescription medication, or an illegal substances (also known as a controlled dangerous substance or CDS).
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November 14, 2013

Alcohol Addiction Can Cause Serious Legal Problems When it Leads to a DWI Arrest

by Jonathan F. Marshall

Addiction of every kind has reached major proportions all across the United States. Whether it is prescription or illegal drugs, gambling, Internet, video games or simply working excessive hours at the office or smoking too many cigarettes, an addiction of most any kind can complicate one’s life and cause trouble with one’s personal and professional relationships. But however it may be manifested, it would seem that more and more people are giving in to their desires.

It is easy to see how some pastimes or vices can become obsessions for many individuals. To allow one’s time to be usurped by one or more obsessive pursuits can be a very difficult situation, but when that obsession, or addiction, leads to serious legal problems, there really is no good reason to ignore the problem any longer. As New Jersey drunk driving defense experts, we have seen the results of alcohol and drug addiction, the results of which are not usually good.

Not surprisingly, over indulgence in drinking alcohol could be called the grandfather of all addictions, having been around for thousands of years before video games, online pornography and other pursuits. While we will leave it up to others to fill in the list, there is much to be said about the addiction that alcohol can have on certain people and the incidence of drunk driving by those self-same individuals.
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November 12, 2013

DWI Defense Update: Drunk Driving Penalties Enhanced for DWIs that Occur Near Schools

by Jonathan F. Marshall

For those who don’t remember the year 1999, it was a landmark year in many respects. We saw the debut of the HBO series “The Sopranos,” which put the Garden State once again in the spotlight; former President Bill Clinton was acquitted in the impeachment proceedings held in the United States Senate; and Dr. Jack Kevorkian, referred to as “Doctor Death” by many, was found guilty of second-degree murder for administering a lethal injection to a terminally ill man.

What few may likely not recall was the passing by our state senate of Filomena’s Law in December of that year. This legislation was part of a number of DWI-related reforms which provided for enhanced punishment for drunk driving offenses when such incidents occur in a school zone. As New Jersey drunk driving defense attorneys, we know that numerous drunken driving arrests occur every month in the Garden State involving charges related to Filomen’s Law.

Filomena’s Law states that a charge of drunken driving shall be an enhanced offense if a driver is caught operating a motor vehicle while under the influence within 1000 feet of school property. The term property can mean that which is owned by or leased to any elementary school, secondary school or school board, and which is used for school purposes.
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November 10, 2013

Garden State Drunk Driving Update: How to Approach Events at a DWI Roadblock

by Jonathan F. Marshall

Anyone who follows the evening news or reads the local police blotters understands that alcohol and motor vehicles are never a good mix in the eyes of the police and our court system. Whether a driver has just left a celebratory party with close relatives, driving away from a bar after having a drink with friends, or returning home with one’s spouse after an evening of dinner and dancing, if alcohol is in your system when a police officer pulls you over for a traffic violation, there may be consequences.

Of course, we see these kinds of scenarios play out every day all around our state. In fact, as New Jersey DWI-DUI defense attorneys, we are never surprised at the frequency and volume of drunk driving arrests that occur in the Garden State on a monthly basis. Whether in the Monmouth County area, over in Hudson or Sussex counties, or down in Cape May County, the likelihood of being arrested and charged with an alcohol-related offense is high if the driver himself is too.

Now, most people would tend to assume that motorists get pulled over for being drunk, but the fact of the matter is the police can only stop a vehicle if they observe a traffic violation take place. Roving police patrols, especially prevalent during certain holidays, are usually looking for telltale signs of inebriation, though simply assuming a driver is drunk is not sufficient to justify a traffic stop on its own. But once a moving violation or vehicle equipment violation has been spotted, the odds of being stopped go up considerably.
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November 9, 2013

Cumberland County Man Loses Driver’s License for 12+ Years after Sixth DWI Conviction

by Jonathan F. Marshall

New Jersey DWI law provides for a variety of increasingly stiff penalties for those motorists who find themselves convicted of driving while intoxicated. As Garden State drunk driving defense attorneys, our job is to represent individuals who have been charged with DWI or drug DUI, as well as those who have refused a breathalyzer test or been accused of drug possession in a motor vehicle.

For first-time drunk driving offenders, a conviction can come with significant penalties that can affect the driver in numerous ways. Fines for a first offense can run from $250 to $400, depending on the amount of alcohol in one’s bloodstream at the time of the arrest (this blood-alcohol content (BAC) can range between 0.08 and 0.10 percent. It should be remembered that these fines will increase to between $300 to $500, if the defendant’s BAC was measured at more than 0.10 percent. And this would be the “good news.”

The bad news is that offenders convicted for a third or subsequent time can not only lose their driver’s license for 10 years, but can be assessed fines in the thousands of dollars. Given the severity of penalties for third and subsequent offenses, we believe that representation by an experienced DWI defense attorney is in a defendant’s best interest. Sometimes the challenge is quite great, such as in the case of an individual we read about a while back who was convicted a sixth time for DWI by a Cumberland County court.
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November 8, 2013

Older NJ Drivers Just as Likely to be Arrested for DUI-DWI as Younger Motorists

by Jonathan F. Marshall

Having defended a great many individuals accused of DWI throughout the years, the attorneys at our firm realize that nobody is immune to what is often referred to as the “long arm of the law.” Especially where traffic enforcement is concerned, patrolmen are usually quite vigilant when it comes to spotting erratic driving behavior on Garden State roadways. And if a motorist is found to have been drunk behind the wheel, the law does not discriminate — fines, court fees and increased auto insurance premiums are just a few of the penalties that await someone unlucky enough to be found guilty of DWI.

And, as New Jersey drunken driving defense lawyers, we are well aware that both young and old are equally likely to be arrested for drunk driving. Although older drivers may have more experience behind the wheel, the intoxicating effects of alcohol or a controlled dangerous substance (CDS), such as marijuana, cocaine or meth, can make even the most qualified driver less than effective on the road.

With many kinds of traffic offenses, usually the more minor ones however, a motorist’s age and driving history can work in his or her favor. Unfortunately, with the focus on eliminating the dangers of drinking and driving from New Jersey roads, courts are unlikely to give an older, seasoned driver a “pass” when it comes to a drunk driving arrest. A good driving record can be a plus, but depending on the circumstances, penalties both in terms of monetary fines and jail time can still be a significant possibility.
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November 7, 2013

Accused of DWI, Lindsay Lohan’s Mother Blames Paparazzi for Her Alleged Drinking and Driving

by Jonathan F. Marshall

As New Jersey drunken driving defense attorneys, we have represented hundreds of motorists accused of operating a motor vehicle while under the influence of alcohol. In our years as experienced trial lawyers, we have heard numerous kinds of defense arguments, but rarely if ever have we heard of a defendant arguing that being hounded by the media resulted in his or her DWI arrest.

Granted, the majority of defendants in New Jersey drunk driving cases tend to be average people who have been unlucky enough to have been stopped by a police officer and handed a summons for driving under the influence of alcohol or prescription drugs. Those who are popular enough to be the target of news reporters and photographers would make a much shorter list.

We were reminded of this when we ran across a number of news stories about Dina Lohan, the mother of the well-known celebrity, Lindsay Lohan. According to reports, Lohan’s mother was headed to court in Long Island because of a DWI charge resulting from a traffic stop on the Northern State Parkway back on September 12. It appears that Ms. Lohan, 51, was stopped by a patrolman for speeding, but ended up being arrested on what the news articles called “suspicion” of driving while intoxicated.
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