DWI Stops

November 6, 2013

Lacey PD Officers Arrest Toms River Woman for DWI in Ocean County Retirement Community

While drinking and driving is a serious offense with stiff and long-lasting penalties, there are several steps between being charged with DWI and being convicted of drunken driving. The fact of the matter, assuming that a police officer stopped the defendant on legitimate grounds, is that the state must prove to the court that the driver was intoxicated at the time of the arrest. Although this might seem like a slam-dunk to most people, as New Jersey DWI defense attorneys, my colleagues and I know that a great deal can change between the time of the arrest and that of the court’s verdict.

Proof of intoxication is no doubt a key piece of evidence in every municipal prosecutor’s case file. If the state cannot prove that a driver was legally impaired at the time of the arrest, the court most likely will have to dismiss the charges against the defendant. We will add that because of the potentially crippling consequences of a DWI-DUI conviction, there is no good reason to eschew the services of a qualified drunken driving lawyer.

Simply because a person is stopped for a traffic violation and subsequently charged with driving under the influence in no way means that nothing that can be done to avoid a guilty verdict. The main thing to remember is that the state must prove that a driver was, in fact, intoxicated at the time of the traffic stop. For the majority of DWI arrests, there are four ways in which the police can obtain this evidence, including a breathalyzer test, blood test, field sobriety test, and direct admission of guilt by the motorist himself.
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November 5, 2013

New Jersey DWI Defense Update: Drunk Driving Stops and a Driver’s Fifth Amendment Miranda Rights

by Jonathan F. Marshall

As experienced trial lawyers and drunken driving defense attorneys, my colleagues and I often get questions from potential clients asking about courtroom procedure, state and federal law as it applies to DWI and drug DUI arrests or convictions, as well as how the police perform traffic stops that lead to a person being charged with a DWI or DUI in the Garden State. Having worked for years as a prosecuting attorney, I and several of my staff understand both sides of the coin in regard to handling drunk driving court cases.

One of the more important Constitutional-based questions that we hear from motorists who have been accused of operating a car, truck or motorcycle while under the influence of alcohol or doctor-prescribed medication is that regarding their rights vis-à-vis the Fifth Amendment of the Bill of Rights. More specifically, how Fifth Amendment Miranda Rights fit into the framework of a roadside traffic stop, especially one that has led to a DWI arrest or DUI summons.

In general terms, the Fifth Amendment to the U.S. Constitution protects individuals against the abuse of government authority. For all intents and purposes, a police officer is the embodiment of government authority, which means that the actions of municipal patrolmen and state troopers are governed, so to speak, by the restrictions laid out in the Fifth Amendment. For those unfamiliar with the specific wording of this Constitutional amendment, here is the text:
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November 4, 2013

Berkeley Police Charge Handful of Drivers with Drunken Driving following Weekend DWI Roadblock

by Jonathan F. Marshall

Here in the Garden State, DWI checkpoints (or drunk driving roadblocks, by which they are also referred) are a common tool used by police departments to help decrease the number of alcohol-related traffic accidents, as well as to signal to drivers that drunk driving is in no way being tolerated any more. That said, it is still rather confusing to the general public regarding the how and why of these seemingly invasive means of generating DWI arrests.

Because the U.S. Constitution protects the public from unreasonable search and seizure, many trial lawyers find the use of sobriety roadblocks and DWI checkpoints somewhat of an affront to the basic rights afforded citizens by the Bill of Rights. Yet, despite the fundamental argument that motorist should be protected against unreasonable search or seizure by the police during a traffic stop, the Supreme Court has previously upheld the constitutionality of drunk driving checkpoints as a means for ensuring the public good.

As most any New Jersey driver is no doubt aware, anti-drunken driving enforcement in the Garden State is undertaken in a number of different ways depending on the season or circumstances. Enhanced roving drunk driving police patrols throughout counties like Hudson, Atlantic, Bergen and Middlesex are often employed before and during popular holidays such as July Fourth, Memorial Day and New Year’s. The use of DWI-DUI checkpoints and sobriety roadblocks is also thought to catch a percentage of motorists who may be inebriated behind the wheel.
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November 3, 2013

Garden State DWI Defense Update: Save Your “Fight” for the Courtroom

by Jonathan F. Marshall

Having represented hundreds of clients over the years, my colleagues and I fully understand the anger and frustration felt by those who have been accused of operating their car, truck or motorcycle while under the influence of beer, wine or hard liquor. Especially for people who may not have fully aware that they were possibly drunk or potentially impaired by alcohol or prescription drugs, being arrested and served with a DWI-DUI summons can bring out the worst in some individuals.

Yet, as experienced DWI defense lawyers we can tell anyone who asks that the time is never right for a verbal outburst toward or physical conflict with an arresting officer. Expressing one’s dismay at the scene of a drunken driving traffic stop may seem natural to some; however, as long-time trial attorneys we can say without much hesitation that it’s better to save one’s energy and use it to fight the charges later in court. Quite frankly, the roadside is hardly the venue for venting one’s anger at a policeman.

At the Law offices of Jonathan F. Marshall, our attorneys work to preserve your rights under the laws of New Jersey and the United States Constitution. As knowledgeable and experienced trial lawyers, we work hard to represent motorists who have been charged with DWI, drug DUI, breath test refusal and other alcohol and drug-related traffic offenses.
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November 2, 2013

DWI Defense News: Underage Drinking and Driving Arrests Are Not to be Ignored

by Jonathan F. Marshall

With the school season well under way, high school students are in the midst of some of their most important years as they work on making the grade while preparing to go to college in only a few years’ time. For many parents of teenage children, high school — and even middle school or junior high — can be fraught with trials; not all of them academic. For some young adults, the temptations of alcohol and drugs can be formidable. Sadly, for some, there can be a failure to grasp the all-too-real consequences of their actions; parents of such teens should be aware of these as well.

While being young and impressionable, many school-age kids mimic their friends and family. Although most parents and other adults do a decent job of presenting good examples, others may not. In the end, however, the choice is not with the parents, but often with the young individuals who will ultimately feel the effects later in life. As New Jersey drunken driving defense lawyers, my colleagues and I are more than familiar with the numerous ways in which a person can end up on the wrong side of the law regarding an alcohol- or drug-related offense.

Drinking and driving is one common way in which motorists of all ages can run afoul of the police. For those underage drivers, a DWI is outlined in our state’s legal statutes (N.J.S.A. 39:4-50.14), which read in part, that any individual who is under the legal age to purchase alcohol, and who operates a motor vehicle with a blood-alcohol concentration (BAC) of just 0.01 percent (and less than 0.08 percent) shall forfeit his driving privileges for a period of between 30 to 90 days. Even those who have yet to get their driver’s license will have to wait a similar period before being allowed to drive in New Jersey following a conviction for underage DWI.
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November 1, 2013

Garden State Sobriety Roadblocks Continue to Catch Some Intoxicated Motorists

by Jonathan F. Marshall

Being long-time trial attorneys skilled in the defense of individuals accused of civil and criminal offenses, we understand how there are some people who still are inclined not to take a DWI or drug DUI arrest that seriously. However, as professional drunk driving defense lawyers, we can say without much hesitation that while being arrested may not always get a person’s attention at the time, being thrust into a DWI-DUI court hearing while facing some hefty monetary penalties usually does.

Here in the Garden State, my colleagues and I make it our job to help those motorists who have been accused of driving under the influence of alcohol or operating a motor vehicle while impaired by doctor-prescribed medication or another controlled dangerous substance (CDS). We certainly do understand the financial burden that a DWI or drug DUI conviction can have on many individuals, not only in terms of fines and assessments, but also in the way that a loss of personal mobility can affect the ability to perform one’s job or simply go about daily life.

It’s always interesting to read about the increase in anti-drunken driving enforcement as certain holidays approach or when vacation season is at its zenith. However, there are always local police patrols — as well as state trooper units — that are constantly on the lookout for potentially impaired drivers. Here in New Jersey, where the frequency of anti-DWI campaigns can be very high, drunken driving saturation patrols and sobriety checkpoints are also common. Sometimes, there is no particular campaign in effect, but simply a police presence on certain roadways that have frequent DWI incidents.
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October 30, 2013

Ocean County Drunk Driving Police Blotter: Manchester, Stafford, Lacey and Toms River DWI Arrests

by Jonathan F. Marshall

As drunk driving defense attorneys, my legal staff handles a wide range of alcohol- and drug-related cases every year. The defendants in those DWI-related cases have usually been arrested following a roadside police stop arising typically from a rudimentary traffic-related offense. Other accused drunken drivers may have been taken into custody following a traffic accident or an encounter with police at one of the many sobriety checkpoints erected monthly around the state.

Whatever the situation, those individuals who have been detained or arrested and subsequently charged with a DWI, drug DUI, breathalyzer refusal, or other related offense can often find themselves going before a judge who will hear their case. A number of the dozens upon dozens of drinking and driving cases heard every month across the Garden State started off as arrests listed in the police blotter pages of local and state newspapers and news-related websites.

Every week, for those who may be curious, the police blotter section of various news outlets pages enumerate a variety of scenarios in which average drivers have found themselves arrested and charged with an alcohol- or prescription drug-related DWI or DUI offense. Whether the arrest happens in Middlesex, Hudson, Monmouth or Bergen County, as professional DWI defense lawyers, my colleagues and I have participated in our share of hearings, from car or truck collisions caused by allegedly intoxicated drivers to those motorists accused of possessing a controlled dangerous substance (CDS) in a motor vehicle.
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October 28, 2013

Ocean County DWI News: Underage Drunk Driver Crashes Car after Fleeing Police in Toms River

by Jonathan F. Marshall

Occasionally we run into news reports that illustrate many of the wrong things to do when trying to avoid DWI or DUI charges. Although the vast majority of New Jersey motorists arrested for drunken driving hardly expected that they would find themselves sitting at police headquarters and taking a breathalyzer test, a much smaller percentage of drivers could be said to be prone to being charged with drinking and driving. Still others may simply be unlucky enough to be in the wrong place at the wrong time.

As New Jersey DWI lawyers, we know that a fair number of people charged with drunk driving are actually first-time offenders who might otherwise, under any other circumstances, be considered law-abiding citizens. Of that group, there is likely a percentage who believe they did not deserve to be charged with driving under the influence of alcohol or prescription drugs (drug DUI). It should be added that, in our experience, there are numerous individuals who may not have been legally drink at the time of their arrest, but who still were charged erroneously by the police.

From our perspective, everyone who is accused of a crime should avail himself of the legal expertise of a qualified New Jersey trial lawyer. As the law provides, everyone does deserve to have their case heard in a court of law. A news story we ran across from a couple months back could likely be termed a playbook on what not to do after having a few drinks. While we prefer not to make any judgments ourselves, suffice it to say that it is not advisable to A) run from the police when one is B) underage and potentially intoxicated behind the wheel.
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October 26, 2013

Breath Test Refusal Can Still Cost Garden State Motorists Dearly

by Jonathan F. Marshall

Being charged with DWI is not a something that any driver welcomes, but occasionally a motorist faced with the possibility of a drunken driving summons will choose to decline the usual police request for a breath sample. To many people, given the option of providing or not providing a law enforcement officer with a breathalyzer sample seems like a no-brainer.

Some drivers may think, “Why provide the cops with any evidence that could be possibly be held against me later in court? If they give me the option, of course I’ll opt to refuse.” But is this the best choice? Many times the consequences of withholding a breath sample can be just as costly as being charged with a DWI due to a blood-alcohol content (BAC) reading over 0.08 percent.

As New Jersey drunk driving defense attorneys, my staff and I have represented hundreds of individuals in court, many of who have been accused of driving while intoxicated by alcohol, impaired driving while under the influence of doctor-prescribed drugs, or the aforementioned breath test refusal.
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October 25, 2013

Arrest for Marijuana Possession in a Motor Vehicle Can be Cause for Concern

by Jonathan F. Marshall

Concern about one’s future can be a nagging thing especially when that future hangs on a courtroom hearing for marijuana possession in a car, or a cannabis-related drug DUI arrest. Not only is marijuana one of the most common drugs encountered by police in the New Jersey area, but arrests involving marijuana, hash, weed or pot are certainly as frequent, if not more so, as those for other controlled dangerous substances (CDSs) such as cocaine and narcotic-based pharmaceuticals.

When one realizes that an estimated $30-plus billion of pot is grown in all across the United States annually, it shouldn’t be too surprising that marijuana-related motor vehicle arrests occur quite frequently. In fact, the attorneys at my law firm have more than 40 years of experience defending drivers and other individuals against marijuana-related offenses throughout New Jersey. For myself, as a former municipal prosecutor and now a DUI-DWI and criminal defense attorney, I have been involved in literally hundreds of cases during my career.

As DWI and drug DUI defense lawyers, my legal staff is familiar With drunk driving, alcohol and drug possession cases held in both municipal and county courts throughout the state. Whether a charge is cannabis-related charges. Whether you have been charged with marijuana possession in a vehicle, drunk driving or breath test refusal, the attorneys at my firm have the expertise to defend clients against marijuana, CDS and alcohol-related charges.
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