DWI Stops

October 24, 2013

Clifton, NJ, Driver Charged with Vehicular Homicide While Under the Influence

Being charged with drunken driving for the very first time is something most people never forget. Not only can such an event be personally and professionally embarrassing, but the costs associated with a conviction add up to thousands of dollars. It’s a fair bet to say that the majority of motorists who are found guilty and saddled with stiff fines and other penalties will try not to make the same mistake twice. Although it may not seem like a hard decision, the mistake that some people make following a DWI arrest is not talking with a qualified drunk driving defense attorney.

But as long-time DWI and drug DUI defense lawyers, my staff has seen frequent situations where individuals accused of drunken driving should have made the decision to retain an experienced attorney, but for one reason or another chose not to. Considering the potential fines, fees, assessments and other penalties, such as jail time, there is no logical reason why an accused drunk driver should not, at the very least, avail himself of a free consultation from a skilled attorney.

Naturally, there are circumstances where a drunken driving defendant will truly feel the need for professional representation in a court of law. Where jail time and harsher penalties are threatened, an accused motorist would only do himself a disservice to eschew a lawyer in favor of going it alone against a prosecuting attorney. The results of such ventures are rarely positive for the defendant.
Continue reading

October 22, 2013

Garden State DWI Defense Update: Driving Drunk in New Jersey is a Bad Bet

by Jonathan F. Marshall

Driving drunk in Monmouth, Union, Bergen or Atlantic County is greatly discouraged by more than just a few safety advocates and law enforcement agencies. But besides the obvious downside of being impaired when piloting a 3,500-pound motor vehicle at parkway speeds, there are the legal and financial implications to consider should one be accused of doing so by the police. As New Jersey DWI defense attorneys, my firm has a good idea of the odds that a driver who has had a couple drinks might end up being pulled over and arrested for driving while intoxicated.

Is it worth the gamble? We’d say not, especially considering all of the opportunities these days that police have to catch an unsuspecting motorist who may or may not have had too much alcohol, or possibly be impaired by prescription drugs. While some people know that a cop can’t stop a vehicle simply on the hunch that the driver is inebriated, there are many ways in which a municipal patrolman or state trooper can legitimately stop a motorist on the road for a traffic infraction; after which the really serious problems can begin if alcohol or drug use is suspected by the officer.

Being pulled over by a police officer can begin in any number of ways, but only a few of them would be considered very serious in the minds of most motorists. As such, it is easy to imagine that even the most innocuous driving error or vehicle infraction could possibly land a person in police headquarters with a possible alcohol or drug-related impaired driving charge hanging over his or her head. As New Jersey DWI defense lawyers, my colleagues and I are more than aware of the manner in which many drivers find themselves answering a summons for driving while intoxicated in the Garden State.
Continue reading

October 20, 2013

New Jersey DWI Update: Judging the Validity of Police Stops that Lead to DWI Charges

by Jonathan F. Marshall

As most anyone who has previously been charged with DUI must surely understand, the order of events preceding a DWI arrest is important when considering the approach to one’s defense. In addition to this, the basis for the initial traffic stop that led to the drunken driving charges is also critical to both the defense’s arguments, as well as that of the prosecution.

In the end, regardless of whether the ultimate offense is listed as driving under the influence of alcohol, impaired by prescription drugs, or possession of a CDS (controlled dangerous substance), the initial traffic stop must have been carried out properly and with a legitimate suspicion that a violation of traffic law had occurred.

As New Jersey DWI and drug DUI defense attorneys, our firm is dedicated to assisting individuals who have been accused of driving while intoxicated, as well as other civil and criminal offenses. Our legal staff understands the extreme importance of determining whether a DWI summons was issued based on a valid traffic stop or not.
Continue reading

October 18, 2013

Salem County Police Blotter: Multiple Arrests for DWI and Drug Possession in a Vehicle

by Jonathan F. Marshall

Living and working here in the Garden State, one finds that police activity on our highways and byways is certainly not hidden from everyday commuters. Whether driving through Mercer, Union, Somerset or Monmouth County, motorists are witness to routine traffic stops nearly every day on the parkway or interstates, city streets and rural routes. Of those frequent roadside occurrences, drunk driving arrests are hardly uncommon, especially during the holidays and warmer months.

As New Jersey DWI-DUI defense lawyers, my colleagues and I have for years provided our services to motorists who have been accused of driving while intoxicated. Whether coming from a company social function, family picnic or other friendly gathering, if alcohol was consumed — even in small quantities — there exists the opportunity for a DWI arrest. Frankly, being pulled over for driving under the influence of alcohol in Jersey is almost a regular occurrence in some parts of the state.

In any case, a wide range of alcohol- and drug-related police arrests can be read about in almost any newspaper or online news site. As professional legal experts, my staff have seen their fair share of courtroom scenarios play out over the years. From DWI-related auto accidents and underage drunk driving, to arrests involving CDS (controlled dangerous substance) possession in a motor vehicle or drug DUI, my firm has the legal background and the trial experience to represent clients who wish to fight for their rights under the law.
Continue reading

October 17, 2013

NJ DWI Update: Immigrants Legal and Illegal can Face Backlash following DWI-related Traffic Accidents

by Jonathan F. Marshall

With all of the focus on illegal immigration over the past decade or so, it is should not be a surprise that part of this debate regarding undocumented aliens leads to discussions of deportation for various crimes committed by individuals who have entered the country under questionable circumstances. While there are various points of view regarding the benefit to this country as a nation built by immigrants, the argument that those who flout our laws blatantly and with criminal intent is a strong one.

As New Jersey DWI defense lawyers, my colleagues and I are dedicated to helping those individuals who have been accused of operating a motor vehicle while under the influence of alcohol, prescription drugs and other controlled dangerous substances (CDSs). My staff has a great deal of experience in trial law, which includes both civil and criminal litigation.

Being charged with a drunken driving offense is serious, not to mention embarrassing and potentially detrimental to one’s personal, professional and public life. There is really no good reason why anyone should walk into a courtroom unprepared to fight for one’s legal rights following a DWI or drug DUI arrest. While there is never any guarantee of a not guilty verdict or dismissal of charges, having a qualified drunk driving attorney by one’s side is a smart choice.
Continue reading

October 16, 2013

The Typical New Jersey DWI Stop is Hardly Typical when You’re the One Being Arrested

by Jonathan F. Marshall

The skilled attorneys at the Law Office of Jonathan F. Marshall have successfully defended motorists arrested for and charged with drunk driving, drug DUI, breath test refusal and other alcohol and prescription drug-related offenses in Monmouth, Sussex, Middlesex and Union counties. Our commitment to our clients is demonstrated by the aggressive and vigorous defense; and our legal staff is knowledgeable in all aspects of New Jersey DWI law, criminal statutes and offenses involving drug DUI and possession in a motor vehicle.

As Garden State DWI-DUI defense lawyers, we understand how frightening a drunk driving arrest can be to the average person; if only because most drivers who are charged with a first-time offense for operating a motor vehicle while under the influence of alcohol are likely law-abiding individuals with families and good standing in their community.

Unfortunately, law enforcement personnel are usually more interested in whether a crime or civil offense has been committed and less about the background of the alleged offender; that is something for a judge to consider when the case comes to trial. As attorneys, we endeavor to pursue the facts and present our client’s case in the best possible light, while working to call into question the prosecution’s arguments and evidence that is being used against the defendant.
Continue reading

October 15, 2013

Monmouth Co. Drunken Driving Police Blotter: Middletown Twp. Police Net Dozens on DWI-DUI Charges

by Jonathan F. Marshall

Given the population, as well as the number of motor vehicles in the Garden State, there are a fair number of drunken driving arrests that occur every month all across the state. In counties such as Middlesex, Passaic, Ocean and Cape May, throughout the year local police officers and state troopers alike make dozens of alcohol and drug-related arrests every week following routine traffic stops.

As New Jersey DWI defense attorneys, we understand that being pulled over for even the most simple of driving infractions can open the door to drunk driving or drug-related DUI charges. When a motorist receives a DWI or DUI-related summons, the clock starts ticking toward a court date, a possible conviction and potentially hefty monetary fines and other penalties.

It seems that no matter where one looks in the news, there is always some story that grabs the reader’s attention regarding an alcohol- or drug-related arrest on one of New Jersey’s roadways. The ubiquitous police blotter pages can be an interesting source of information on what not to do if one has a drink or two under their belt.
Continue reading

October 14, 2013

New Jersey Motorist Tells Cops He Drank Vodka Prior to Being Arrested for Drunk Driving

by Jonathan F. Marshall

Far be it for us to tell anyone what to do in this life, but as experienced Garden State drunk driving defense lawyers and skilled trial attorneys, we like to believe that our advice is solid, at least when it comes to avoid a DWI conviction. Since for most people — mostly those arrested for operating a motor vehicle while under the influence of beer or wine, hard liquor or mixed drinks — the thought of being pulled over and arrested for DWI was likely the last thing on their mind, that is, until a police cruiser appeared in their rearview mirror.

First-time drunk driving offenders are usually the most surprised when a state trooper or local patrolman turns on his siren and patrol car lights as a precursor to stopping a motorist for perhaps a very minor traffic infraction. But, of course, once that occurs the door is opened to the curiosity of the policeman in charge and if one has had a little too much alcohol to drink, the results could be unfortunate.
Continue reading

October 12, 2013

New Jersey Councilman’s Son Gets Seven Years in Jail for Fatal Ocean County DWI Accident

by Jonathan F. Marshall

Being arrested for DWI is one thing, but being charged with a roadway accident, or worse, one that involves a death is certainly a serious situation that usually calls for the skills of an experienced trial attorney who understands the drunk driving laws here in the Garden State. And we will add that while a thorough understanding of the law is definitely a prerequisite, retaining a lawyer who has defended motorists against drunken driving, CDS and drug DUI charges is also important.

As a former municipal prosecutor, I and a number of my legal staff have worked both sides of the aisle in DWI and DUI litigation. No matter where you drive here in New Jersey, whether it’s Bergen, Union, Sussex or Atlantic County, if you are pulled over by a state trooper or city cop and issued a drunken driving summons, your legal fight will be helped a great deal with the assistance of a qualified DWI-DUI attorney. On the far end of the scale, being implicated as the cause of a fatal drunk driving-related car, truck or motorcycle collision only raises the stakes to a much higher level.

As New Jersey DWI defense lawyers, our job is to represent motorists accused of driving under the influence of alcohol or prescription drugs (drug DUI). One thing is certain, at least in cases involving an alcohol-related traffic death, if the police and local prosecutor believe that the driver who caused the crash was impaired by alcohol, prescription meds or illegal drugs like cocaine or marijuana — the consequences can be truly serious and very harsh.
Continue reading

October 11, 2013

If Politicians and High-profile Individuals can be Arrested for DWI, is Anyone Immune from DUI?

by Jonathan F. Marshall

We’ve said it before, but it bears repeating: Nobody is completely free from the scrutiny of police officers on Garden State roadways, which means that anyone who takes a drink and then drives a motor vehicle on a public highway or city street is taking a big risk. And that risk applies not only to the driver’s potential health and safety — and that of his passengers — but also to his financial well-being. This is simply because DUI-DWI fines can be quite heavy, with the effects of a drunken driving conviction often lasting for quite some time depending on the current offense and those previous, if any.

Having worked for many years both as a former municipal prosecutor and now as a defense attorney for motorists accused of DWI, drug DUI, breath test refusal and other alcohol and drug-related traffic offenses, I fully understand the potential negative outcome of a DWI conviction. Many people, especially those for whom a drunken driving arrest may be their first scrape with the law, the ultimate consequences of being found guilty of driving under the influence can sometimes be lost amidst all the other procedural details of fighting such a charge.

The point we would like to convey here is that drunk driving has become such an inexcusable offense in the eyes of the public — not to mention the police and our courts — that those repeat offenders can hardly expect any kind of a pass when they transgress over and over again. Even those high-profile individuals are finding it harder and harder to gain any kind of meaningful consideration when a DWI or drug DUI is concerned.
Continue reading