DWI Stops

September 18, 2013

NJ Drunk Driving Police Blotter: DWI and CDS Arrests in Middelsex and Cumberland Counties

As Garden State DWI defense attorneys, we know that our perspective on drunk drivers may be somewhat different that that of the police or legislators in Trenton. Where law enforcement agencies do not have much sympathy for drivers who drink and drive on New Jersey roadways, our job as DWI defense lawyers is to consider all of the facts and the specific circumstances of each case and present a thoughtful argument to the court on our clients’ behalf.

When it comes to operating a motor vehicle while intoxicated, my colleagues and I know that errors in judgment can and do occur on a regular basis in this country. We know that many people who are arrested for drunken driving (who the law refers to as first-time offenders) never consciously decided to break the law, but rather did not realize they we legally impaired to begin with. Of course, once a traffic stop is made, it can be up to the opinion of the officer in charge whether or not to arrest the motorist.

With all the focus on anti-DWI enforcement, it is not too surprising that there will be from time to time motorists arrested and charged with drunk driving who have been either unfairly accused of DWI or who may have extenuating circumstance that made the officer believe that individual was impaired at the time of the traffic stop. Either way, it is the job of this law office to provide an important service of representation to these and other people who seek our counsel.
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September 16, 2013

Piscataway Driver Charged with Drunken Driving Following Arrest Outside Hunterdon County Prison

by Jonathan F. Marshall

In our line of work there is no lack of odd circumstances that arise when considering the range of cases involving drunken driving or drug DUI. Here in the Garden State, police agencies and the officers who work for them are not the least bit sympathetic to drivers who even have merest appearance of operating a motor vehicle while intoxicated. While this can sometimes result in a motorist being arrested erroneously for operating a motor vehicle while intoxicated, other DWI arrests are much more legitimate. However this doesn’t mean that nothing can be done when the time comes to go before a judge.

Whatever the circumstances, as a New Jersey law firm providing legal representation to individuals charged with one or more of any number of drunk driving offenses, we highly recommend consulting a qualified DWI trial attorney before taking one step into a courtroom. There is no excuse, with free consultations available from many reputable DWI lawyers, that any person accused of driving under the influence of alcohol or prescription medication not be informed about his or her rights under the law.

Of course, as we stated previously, there are exceptional or at least odd circumstances where a motorist may find himself arrested for DWI-DUI following a police stop. Such was apparently the case a short while back when a Middlesex County man was taken into custody and charged with drunk driving after a police officer noticed a vehicle parked in a restricted area of the Mountainview state prison off Petticoat Lane in Hunterdon County, NJ.
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September 14, 2013

Driver Found Asleep at the Wheel in Ocean County Arrested for DWI and Drug Possession

by Jonathan F. Marshall

Impaired driving aside, being arrested for a drug possession charge is nothing to take lightly. Having marijuana, cocaine, meth, or any other type of narcotic or habit producing substance in one’s possession can lead to bad results. As Garden State criminal lawyers and drunken driving defense attorneys, we often see situations where a simple traffic offense may lead to a worse outcome.

The reality these days is how easily a case of simple drug possession in a motor vehicle, or even possession with intent to distribute can become a much more complicated situation with serious criminal penalties attached. As criminal defense attorneys, we understand how charges for cocaine, weed or other illegal substance has the potential to become bring with it enhanced penalty exposure, including jail time.

Taking into effect the numerous factors associated with cocaine possession, for instance, law enforcement agencies in the Garden State have been rather aggressive in pursuing and arresting individuals believed to be involved in this type of drug. New Jersey’s Drug Court was instituted to help those people who have an addiction problem, as opposed to those who may be in the drug “business.” In any case, being stopped on the roadside with illegal drugs in one’s possession is not desirable under any circumstances.
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September 12, 2013

Repeat DWI Offenders Take Note: Penalties for Second and Subsequent DWIs Could Get More Strict

by Jonathan F. Marshall

Traveling the Garden State Parkway, coastal highways or city streets while legally intoxicated could be much more of a gamble in coming years for those who already have a drunken driving conviction under their belt. As New Jersey DWI-DUI defense lawyers, my firm understands the serious nature of any drunk driving arrest, not to mention the conviction that could follow. But for those already convicted of a first-time drunk driving offense, the next time might be even more expensive than it is today.

According to news reports, the New Jersey legislature is considering a piece of legislation that would increase the fines and other penalties well beyond what are on the books right now. As experienced drunk driving attorneys and skilled trial lawyers, we know that even with large-scale anti-DWI campaigns, frequent roadside sobriety checkpoints and high-saturation DWI patrols, the chances of someone being stopped and arrested for driving under the influence of alcohol are pretty good.

Whether one lives in Monmouth, Ocean, Sussex or Middlesex County; or if a driver is simply traveling through the Garden State, state and municipal police officers are always on the job looking for potentially drunk drivers. And while a patrolman cannot stop a car simply on a hunch that a driver is impaired by alcohol or prescription drugs, there are more than enough potential traffic and vehicle offenses happening on a regular basis to give a policeman any number of excuses to pull a drunk motorist over.
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September 11, 2013

Refusing a Breathalyzer Test: An Option that Should Not be Exercised Without Due Consideration

by Jonathan F. Marshall

As drunk driving defense attorneys, I and my staff of skilled trial lawyers have been representing motorists accused of operating a motor vehicle while intoxicated for many years. Here in the Garden State, there are many different ways in which to be charged with some kind of alcohol-related driving offense. As a former municipal prosecuting attorney, and now as a DWI defense lawyer, I understand that some individuals should never have been accused of drunken driving in the first place, while others simply could benefit from the representation that my law offices provide.

Although some people may consider a straight DWI-DUI charge as the worst possible accusation that a driver could receive from the police, it is equally serious when a motorist — for whatever reason — chooses not to submit to a breath test when a police officer requests it. For this reason, I and my colleagues always recommend that anyone having been charged with breath test refusal seek an experienced drunk driving attorney before they step foot in a courtroom.

While it may seem to be a good choice to some drivers, refusing to submit to a breath test here in the Garden State is usually treated with the same enthusiasm by prosecutors as any other DWI or DUI arrest. As we tell many of our clients who choose this route, breathalyzer refusal a serious offense that one cannot afford to take without proper legal representation.
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September 9, 2013

New Jersey Drunk Drivers and Ignition Interlock Devices (FAQ)

by Jonathan F. Marshall

Those arrested for drunken driving here in the Garden State don’t have much to look forward to should a conviction for DWI be the end result. In addition to the hundreds and even thousands of dollars in monetary penalties, such as assessments, fines, insurance premium increases and court fees, the law also requires convicted drunk driving offenders to have an ignition interlock device placed on his or her vehicle for a period specified by the court.

As New Jersey drunken driving defense lawyers, I and my colleagues have the skills and experience necessary to represent individuals accused of operating a motor vehicle while intoxicated by alcohol, prescription drugs, or a controlled dangerous substance (CDS). While many people may not think that they have a chance to avoid a DWI or drug DUI conviction, the fact remains that if you don’t try, you won’t ever know what is or isn’t possible.

When it comes to being found guilty of a drunk driving offense, many of those people who are convicted receive not only harsh monetary penalties but also possible jail time or other punitive measures. One of the increasingly common penalties that individuals find themselves being ordered to follow by the court is the mandatory use of an ignition interlock device.
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September 6, 2013

Liquor Store Owner Calls Police after Allegedly Intoxicated Customer Tries to Buy More Alcohol

by Jonathan F. Marshall

Just a note to any drunk individuals who might mistakenly believe that liquor stores are their best friends. All we can say is don’t count on it; the odds of these businesses risking their livelihoods for you are very low indeed.

When it comes to drinking and driving, my firm knows that many people caught by the police are surprised to discover that that they are being charged for DWI, thinking instead that they could not have been legally drunk at the time of the police stop. And while our job as New Jersey drunken driving defense attorneys is to challenge the prosecution’s evidence, there are times when the state does have a case and the driver will likely face stiff penalties.

It seems that some people don’t always consider their well-being or that of others around them when they get behind the wheel of a motor vehicle after having more than enough to drink. As experienced trial attorneys, my colleagues and I have the skills and training to help accused motorists fight the charges and perhaps have penalties or jail time reduced. Going it alone in a New Jersey DWI and drug DUI case is a risky proposition, which is why we recommend consulting with a qualified legal expert in drunk driving law.
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September 5, 2013

Jersey DWI-DUI Police Blotter: Salem County Police Arrest Drivers on Drunken Driving, Drug Possession Charges

by Jonathan F. Marshall

For the average motorist, being stopped by a police officer for impaired driving may not be that one expects to happen, but receiving a summons for drunken driving, drug DUI or even breath test refusal can be a serious situation, especially for someone who has limited means or cannot afford to give up his or her driving privileges for even a short duration. Relying on a qualified drunken driving defense attorney can often be a necessity when facing the many times harsh consequences of a first-time DWI conviction.

Here in the Garden State, drunken driving arrests during the summer months can be much more common than many drivers imagine. But even as we ease into fall, end of summer events with coworkers, family members and close friends can open a person up to the potential for a DWI-DUI arrest. Every week, it is possible to read about any number of drug- and alcohol-related traffic stops published by local and state news outlets.

Monmouth, Bergen, Ocean and Atlantic County are just a few of the areas where police enforcement of traffic laws and anti-drinking and driving statutes happen regularly. As professional drunken driving defense lawyers, my legal staff and I have seen our share of courtroom scenarios where auto accidents, drunk drivers, drug arrests and other civil and criminal cases play out; as such, we are no strangers to defending drivers accused of drug DUIs and alcohol-related traffic offenses.
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September 3, 2013

Statistics Point Driver Inattention and DWI as Significant Causes of Fatal New Jersey Traffic Collisions

by Jonathan F. Marshall

As anyone who has driven in the Garden State understands, our roadways are crowded and filled with accident risks and other dangers. The range of potential causes for traffic collisions could be described as only limited to one’s imagination in a state as diverse and densely populated as ours. That said, we recognize that certain activities or driving behaviors are more likely to result in a serious motor vehicle wreck than others. Drinking and driving is undeniably one of those risky activities that everyone is concerned about.

While my colleagues and I are trained legal professional, skilled in the techniques of defending individuals accused of offenses both criminal and civil, we do not espouse getting behind the wheel of an automobile, commercial truck or other motor vehicle while impaired by drugs or alcohol. As motorists ourselves, we value the ever-increasing improvements in passenger vehicle and roadway safety.

When it comes to being charged with DWI, our firm is ready to assist individuals accused of intoxicated driving. We look at all the facts and argue our clients’ cases based on the law and legal statutes of the State of New Jersey and the Constitution of the United States. But facts are facts, as we are aware in our roles as drunken driving defense lawyers; alcohol- and drug-related traffic accidents are surely a fair percentage of the fatal car, truck and motorcycle collisions that occur on a regular basis here in New Jersey and elsewhere.
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September 1, 2013

Charged with a New Jersey DWI-DUI? A Valid Traffic Stop is Just One Aspect

by Jonathan F. Marshall

Quite often when speaking to potential clients, I and the trial attorneys on my legal team are asked how a motorist could possibly fight a drunk driving charge when the police have evidence, such as a breathalyzer test or a seized open container of alcohol, to show the court. Before getting too far ahead of themselves we usually remind these individuals that there are several important aspects to a DWI defense.

As New Jersey drunken driving lawyers, my firm has decades of collective experience protecting the rights of motorists from all walks of life as they face charges of driving while intoxicated by alcohol or operating a motor vehicle while impaired by prescription drugs. One of the more important facts that must be established before a DWI-DUI case can go forward is whether or not the initial traffic stop was performed in the proper manner.

When it comes to defending someone accused of driving under the influence of alcohol or drugs, the question of whether the traffic stop, which usually comes prior to a DWI or drug DUI arrest, was valid to begin with. If it was, then there must be evidence of intoxication from alcohol, cocaine, marijuana or prescribed meds. If the traffic stop was not based on an observed traffic offense or other action that would give an officer the right to pull the motorist over, then it is likely that a skilled attorney can use this fact to his client’s advantage.
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