DWI Stops

October 10, 2013

New Jersey DWI Legal Defense: What Happens after a Conviction for Drunken Driving?

While nobody likes to contemplate their own drunk driving conviction, it is a fact that a percentage of defendants in DWI cases will be found guilty by the Court. Although this is not a desirable situation, there are necessary considerations that will come up following a conviction for driving while intoxicated. At the Law Offices of Jonathan F. Marshall, I and my team of experienced DWI-DUI defense attorneys are skilled in New Jersey DWI laws having represented numerous motorists who have been accused of operating a motor vehicle while impaired by alcohol, prescription medication or controlled dangerous substances (CDS).

While we always strive to help our clients attain a not guilty verdict or to have a drunk driving case thrown out on procedural grounds, the fact remains that some people accused of drunken driving will indeed be found guilty and be subject to the penalties laid out by New Jersey’s DWI statutes. For anyone who wonders, sentencing following a DWI conviction can be found in N.J.S.A. 39:4-50. For those who have been found guilty there is no doubt that the monetary and other penalties can be rather harsh, especially for those of limited means or who need their vehicle daily to get to work, school or other activities.
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October 8, 2013

Traffic Safety Advocates Urge New Jersey Lawmakers to Treat Cellphones Like Open Containers of Alcohol

by Jonathan F. Marshall

It’s safe to say that the number of drivers arrested to date for operating a motor vehicle while under the influence of alcohol or impaired from the use or abuse of prescription drugs is much greater than those who have been ticketed for using a non-hands-free cellphone while driving. While safety advocates continue to debate the relative dangers of DWI versus distracted driving, one thing is for certain, the days of unfetter cellphone or smartphone use in a motor vehicle are likely more limited than many people might imagine.

More than a year ago we commented on the increasing trend of legislating prohibitions on the use of cellphones while driving because of the obvious dangers of being distracted during the operation of a motor vehicle. As New Jersey DWI defense attorneys, my colleagues and I have years of experience defending individuals who have been accused of driving under the influence of alcohol, doctor-prescribed medication, or an illicit or controlled substance (CDS). Many of our clients believe that that they were not impaired, while some feel they were improperly arrested.

Now, after years of defending drivers who have been arrested and charged with alcohol or drug impairment, the increase in attention on the frequency of cellphones and texting in cars has resulted in a whole new genre of “impaired” driving; we’ve asked in the past whether “phoning-while-driving” could become as costly an exercise (from the standpoint of traffic-related penalties) as being convicted of DWI or drug DUI.
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October 6, 2013

New Jersey Club Loses License to Serve Alcohol in Wake of Fatal Underage DWI Car Accident

by Jonathan F. Marshall

Let there be no misunderstanding, there are few things more serious from the standpoint point of DWI than being involved in a fatal drunk driving roadway accident. And while it is usually the alleged drunk motorist who is charged with DWI-DUI following a serious injury accident or fatal collision, others can be implicated as well depending on the circumstances. As New Jersey drunk driving legal defenders, I and my staff of experienced DWI attorneys are well aware of the consequences of any drinking and driving arrest.

But aside from the driver who is accused of causing an accident while impaired by alcohol or prescription meds, occasionally a third party may be held at least partially responsible for certain DWI-DUI incidents even though that party did not personally get behind the wheel of a vehicle while under the influence of alcohol or a controlled dangerous substance (CDS).

The repercussions for some drinking establishments and retail outlets of alcoholic beverages are often held to a high standard when it comes to serving individuals who already are drunk. Take, for instance, a news reports that we ran across a while back that described a Vineland adult entertainment club that allegedly served liquor to a pair of underage individuals who later died in what police described as a DWI-related traffic collision.
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October 4, 2013

New Jersey Municipal Courts See the Lion’s Share of DWI-DUI Cases

by Jonathan F. Marshall

Nobody ever said that being arrested and charged with a DWI was going to be a pleasant experience. For most people, getting a drunk driving summons or being held in jail overnight to “dry out” can not only be an embarrassing experience, but it can also be rather frightening. This is especially true when one begins to consider the repercussions of such an encounter with the possibility of a conviction and any associated penalties; those fines, fees and statutory assessments can run in the thousands of dollars, which makes a drunken driving arrest potentially costly from a financial standpoint as well.

For the record, the state of New Jersey has for some time banned the legal practice of plea bargaining for those defendants who are facing charges of driving while intoxicated. This is generally the case, unless there is some serious legal issue at stake or if there is a major flaw in the prosecution’s case. Barring a genuine legal issue, judges are barred from entertaining any thought of a dismissal or even the downgrading of a drunk driving charge.

As professional DWI defense attorneys, we know that the secret to success in avoiding a conviction (or in winning a downgrade in a defendant’s charges) is identifying certain key issues that reduce the strength of the state’s arguments. This is where our firm’s unique DWI law training and trial experience can prove invaluable. At my firm, the attorneys who make up the Jonathan F. Marshall legal defense team have credentials that are, quite frankly, second to none.
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October 2, 2013

Gloucester County Drunk Driving News: DWI Traffic Accident and Numerous DWI-DUI Arrests

by Jonathan F. Marshall

Pick almost any community from across the Garden State and you will likely see at least a handful of drunk driving incidents occur there nearly every month. Being the most densely populated state in the Union, it is hardly surprising that New Jersey state troopers and local cops make more than 20,000 DWI arrests every year. Add to that the nearly 200 fatal accidents that make up about a third of all deadly roadway collisions and anyone can see that DWI-DUI enforcement is backed by both the public and the government.

Whether one is talking about Middlesex County, Bergen County, Ocean County or Atlantic County, the incidences of police traffic stops that result in an arrest for intoxicated driving or drug-related impaired operation of a motor vehicle is based on the number of individuals who are drunk on the road at the time. While a police officer is prohibited by law from stopping a driver only on the basis of a hunch that the person is inebriated, if there is a traffic violation, the door can be opened to a potential DUI-DWI arrest.

As New Jersey drunken driving defense lawyers, we fully understand the trepidation that many motorists feel after being served with a summons for drunk driving. The prospect of going before a judge, with a prosecutor and the arresting officer more or less gunning for that individual can put a certain amount of stress on a person. As DWI attorneys, my colleagues and I are always ready to assist accused drunk drivers fight for their rights in court.
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September 30, 2013

New Jersey DWI Guilty Verdicts Can Hinge on Strong Proof of Intoxication, Among Other Facts

by Jonathan F. Marshall

As Garden State DWI defense lawyers, my colleagues and I know that it is truly a mistake to assume that the prosecution always has a strong case against every driver accused of DWI or drug DUI. If everyone assumed that the state’s case against a defendant was iron-clad, nobody would probably ever challenge the charges against them. But this is not a perfect world, and neither the police nor the prosecuting attorneys across New Jersey are always right. Mistakes are often made and the facts are sometimes used incorrectly or are not germane to the specific case.

At any rate, with free consultations available from most reputable and qualified drunk driving defense attorneys, there is no good reason not to spend a little time to describe your situation and find out what your rights are under this state’s DWI statutes. Here at the law officers of Jonathan F. Marshall we specialize in fighting for the rights of those motorists who have been accused of drunken driving, drug-related DUI, impaired operation of a motor vehicle, breath test refusal, and other alcohol and prescription drug-related offenses.

While many people can be excused for thinking that the word of a police officer is indisputable, as experienced DWI lawyers and skilled trial attorneys we know that this is hardly the case. As we have said before, this is not a perfect world and even patrolmen and state troopers can make mistakes when arresting and charging a driver with driving under the influence. Whether the arrest occurs in Monmouth County, Bergen or Ocean County, or Middlesex County, the question should always be: “Can the state prove you were driving while intoxicated?”
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September 28, 2013

Bergen County DWI News: Don’t Mix Drinking and Driving with Vehicular Assault

by Jonathan F. Marshall

There are few situations in life that can result in an average citizen facing serious legal consequences than allegedly being the cause of an injury-related auto accident involving possible drinking and driving or drug use. As DWI defense attorneys, my colleagues and I understand how a simple night out on the town can wind up with a driver behind bars and hit with a variety of alcohol- or drug-related offenses.

We know that New Jersey state troopers and municipal police officers are hardly sympathetic to motorists who even hint at being impaired behind the wheel. That said, as DUI-DWI defense lawyers representing persons throughout the Garden State who have been accused of drunken driving, we can also say that adding vehicular assault to the charges is a whole new story. While a conviction for simple drunk driving may result in monetary fines, fees and assessments, injuring another person in a drug- or alcohol-related crash can make a DWI case all the more serious.

Take two instances of alcohol-related collisions that we have come across in the recent past. In one incident, police reports indicated that a driver from Passaic, NJ, was placed on probation following a DWI-related car crash that resulted in injuries to three individuals; one in the defendant’s car and two others in the other vehicle. The accident occurred in the Cliffside Park area when the 51-year-old defendant, who worked as a home health aide, reportedly rear-ended a Toyota Camry along a stretch of Palisade Ave at Walker St. while the other car was waiting for a red light.
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September 26, 2013

Drunken Driving Update: New Jersey DWI Arrests Can Affect Almost Anyone in the Garden State

by Jonathan F. Marshall

“How could a drunk driving arrest have happened to me? I’ve never been one to drink and drive.” This statement has likely made by thousands of individuals all across the country every year, yet many people do get stopped for traffic violations following a night out on the town, or after a lunch with friends or colleagues, and even following a family barbeque. The fact is, if a person takes a drink of alcohol and then gets behind the wheel, there is always a chance that they may end up charged with drunken driving.

Being DUI-DWI defense lawyers, my firm has represented hundreds upon hundreds of motorists accused of operating a motor vehicle while impaired by drugs or alcohol. There is no safe way to drive a car, truck or motorcycle when one’s motor skills or cognitive ability is compromised by beer or wine, prescription drugs or even illicit substances. Almost anyone who consumes some amount of alcohol before getting behind the wheel can find themselves in front of a judge on drunk driving charges, the consequences of which can be costly and embarrassing.

While many otherwise law-abiding drivers can end up being taken into custody by a police officer after failing a roadside sobriety test, most feel that it couldn’t happen to them. Even those who don’t drink before driving might not realize that certain doctor-prescribed drugs are capable of affecting a person’s ability to control a motor vehicle. And don’t be fooled, DWI arrests can happen to anyone. We were certainly reminded of this when reading a news article a short time ago.
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September 24, 2013

Drunk Driving Defense: Addressing Concerns of the New Jersey’s First-time DWI Offenders

by Jonathan F. Marshall

As many drivers know there is nothing so discerning to a motorist as seeing those flashing patrol car lights in one’s rearview mirror. But that sinking feeling of being pulled over by a New Jersey state trooper or local patrolman can be compounded simply because a driver may think he had one too many drinks or if he is on prescription medication from a physician. The important thing to remember is it is never a mistake to consult with a qualified legal professional who understands drunk driving law.

While many people may wonder why a person would need to hire a DWI-DUI attorney, the benefits can outweigh the potential fines, license suspension, and even jail time consequences associated with a drunk driving conviction. Whether a person has been picked up for operating under the influence, driving while impaired by doctor-prescribed medications, or breath test refusal following a DWI arrest, the experienced trial lawyers at the law offices of John F. Marshall can help explain your rights under the law.

When trying to decide whether it is advisable to hire a drunk driving attorney to handle your case, it is best to look at the downside to not having a qualified legal professional at one’s side. Fines and monetary penalties aside, the potential of a license suspension if one loses his or her DWI or drug DUI case is a real and potentially life-disrupting after-effect of a conviction. For individuals who rely heavily on their ability to drive to and from work, school or other important daily activities should truly consider what the loss of driving privileges can mean.
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September 20, 2013

Ignition Interlocks: The Current Reality for Many Convicted New Jersey Drunken Driving Offenders

by Jonathan F. Marshall

It’s safe to say that most people who have more than a few decades under their belts may have seen and experienced quite a bit in their life so far. That said, it wouldn’t be a stretch to suggest that being arrested by a police officer for anything would be a relatively scary proposition for almost anyone, not the least an average law-abiding citizen. The last thing that anybody wants is to be branded as is a scofflaw, or worse, a criminal.

But being arrested for a DWI or drug DUI is exactly what thousands of Garden State residents experience every year in this state. Having been stopped for a traffic violation can rattle most any motorist, but to find oneself being placed in the back of a patrol car and taken to police headquarters for a breathalyzer test and possible drunken driving charges, well that can be a downright frightening experience.

Not only can a DWI-DUI arrest be unnerving, but having been charged and then facing the serious consequences of a drunk driving conviction the potentially expensive penalties that go along with a guilty verdict can weigh on a person. As New Jersey DWI defense lawyers, my colleagues and I truly understand what the average person is facing when that squad car door slams shut and the ride to police headquarters begins. Maybe you won’t be charged with driving while intoxicated, but many people are and those odds aren’t comforting.
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