DWI Stops

August 31, 2013

Considering Drunk Driving Charges Based on Breath Samples vs. Blood Samples

When looking at the process of charging a motorist with operating a vehicle while under the influence of alcohol, establishing proof of intoxication is a primary concern for the arresting officer as well as the local prosecutor who will eventually try the DWI case. There is no question of whether or not driving while intoxicated is a serious offense; it certainly carries severe penalties entailing stiff monetary fines as well as suspension of one’s driver’s license and potential jail time.

As New Jersey DWI-DUI defense attorneys, I and my colleagues know that just because a driver is stopped and charged with a drunken driving offense, it does not necessarily mean that there is no recourse for that individual. The law provides everyone an opportunity to defend himself in a court of law, and lawyers such as those at my firm are ready to represent people accused of DWI or drug DUI against accusations of impaired motor vehicle operation.

Currently, the state of New Jersey typically uses the Alcotest 7110 breath testing device, which has been ruled a legitimate piece of equipment for determining the blood-alcohol content (BAC) of a suspect via a breath sample. Manufactured by Draeger Industries and initially put into service in 2003, the Alcotest machine conducts two separate internal BAC tests; one that uses infrared radiation and another that employs and electrochemical process.
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August 30, 2013

Debate Continues: Alcotest Machine Under Fire for Alleged BAC Measuring Inaccuracies

by Jonathan F. Marshall

Anyone who has followed the course of anti-drunk driving enforcement will likely understand that there are two primary methods used by police to determine a suspect’s blood-alcohol concentration or “BAC.” The measurement of the amount of alcohol in the blood by volume has long been a primary tool for police agencies when attempting to determine if a motorist is legally intoxicated.

Here in the Garden State, breathalyzer machines have been used for decades as a way to determine BAC by sampling the breath of an individual to discern the percentage of alcohol in a person’s bloodstream. This has allowed police and state prosecutors to more or less quantify a driver’s “drunkenness” as a means to convict the accused DWI defendant in a court of law.

As New Jersey drunk driving defense attorneys, the legal staff at the Law Offices of Jonathan F. Marshall have the necessary background in New Jersey DWI-DUI law, as well as trial experience, to provide valuable legal representation to clients who have been charged with operating a motor vehicle while under the influence of beer, wine, hard liquor or other alcohol-based beverage. We also are skilled in defending those drivers accused of impaired driving due to use of doctor-prescribed medications or even illicit drugs, such as marijuana or cocaine.
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August 29, 2013

New Jersey Drivers Should Expect Labor Day Weekend Featuring Enhanced DWI Police Patrols

by Jonathan F. Marshall

For those motorists who have already taken note of the increased number of municipal and state patrol officers plying the Garden State Parkway, highways and surface streets this summer, get ready for more of the same this coming holiday weekend. Police presence on New Jersey roadways this summer, as with most every past year, has been fairly obvious, if only because of the anti-DWI and DUI enforcement that comes with warmer weather and summertime revelers; but Labor Day will be especially active from the standpoint of drunk driving enforcement.

As DWI defense lawyers whose job it is to represent drivers accused of operating a motor vehicle while impaired by alcohol, refusing a breathalyzer test, or possessing a controlled dangerous substance (CDS) in their vehicle, the skilled attorneys at my law firm have the legal experience to help defendants get through a DWI case and on with their lives.

During the summer months, as well as various holidays throughout the year, police departments in many New Jersey towns and municipalities step up their drunken driving patrols, as well as conduct random sobriety checkpoints in areas well-known for DWI-related arrests and accidents. As with most of these anti-DWI campaigns, the “Drive Sober, or Get Pulled Over” anti-DWI campaign currently in effect entails increased police patrols (aka “saturation” patrols) and even some DUI roadblocks, all of which will probably net dozens of unsuspecting drivers who may or may not be legally intoxicated.
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August 28, 2013

Gun Possession while Intoxicated Compounds Drunk Driving Arrest for Hunterdon County Man

by Jonathan F. Marshall

In addition to providing legal services to motorists charged with alcohol-related traffic offenses, the Law Offices of Jonathan F. Marshall are also available for criminal defense in a variety of areas. While a driving while intoxicated charge can cause serious repercussions to most any individual who relies on his or her vehicle to navigate through life, being accused of a criminal act can be devastating even in without a conviction. In both cases, facing serious civil or criminal charges can represent a threat to one’s life and livelihood.

For those accused of drunken driving, it is always recommended that drivers speak with a qualified legal expert skilled in the area of DWI and drug DUI law. Being arrested for impairment by beer, wine, doctor-prescribed medications or illicit substances, such as cocaine, meth or marijuana, can led to monetary penalties as well as the loss of driving privileges and possibly jail time. Needless to say, having an experienced attorney at one’s side when facing a judge can be a plus.

Certainly, when someone has been charged with a criminal offense, no matter how minor, it may be difficult to avoid a conviction without the assistance of a skilled criminal defense lawyer. Legal representation can truly be an invaluable asset when it comes to any kind of criminal litigation. Whether one is facing serious charges, such as assault and battery, or something much simpler like a basic traffic violation, understanding our legal system is imperative especially when going up against a prosecutor who will likely be vigorously pursuing a conviction.
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August 26, 2013

Piscataway, NJ, Motorist Tasered by Police following Out-of-State DWI Accident

by Jonathan F. Marshall

With years of experience representing New Jersey motorists who have been accused of driving under the influence of beer, wine, hard liquor or drugs, our law firm is committed to seeing that those accused of an offense get their day in court. While some drivers are found guilty of DWI or drug DUI, others may be found not guilty or have their cases thrown out due to insufficient evidence or improper police procedures.

There is no “typical” drunk driving arrest, though many follow the general pattern that begins with a traffic stop for what could be termed an insignificant infraction. After the arrest and formal charges, it is up to the person charged with driving while intoxicated to choose whether or not he wants to walk into a courtroom with counsel.

Determining if a drunken driving arrest was made properly hinges many times on the totality of facts, which a layperson may not be able to easily assess in the time between being charged and the hearing date. As experienced DWI defense lawyers, we often recommend that anyone facing such circumstances take advantage of the often free consultation offered by professional DWI attorneys.
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August 24, 2013

NTSB’s Proposed 0.05 BAC Limit Unlikely to Become Law in New Jersey Anytime Soon

by Jonathan F. Marshall

There has been a bit of concern in some quarters about the future of a stricter legal limit for driving while intoxicated (DWI) in New Jersey, as well as other states across the country. Ever since the recommendation from the National Transportation Safety Board (NTSB), the blogosphere has been buzzing with scenarios of doubled, tripled or quadrupled instances of drunken driving arrests, DWI cases and corresponding convictions.

As New Jersey drunk driving defense attorneys, my staff is also affected by changes in the law, though our main goal is still to provide skilled legal representation to those motorists accused of DWI or drug DUI. But the issue of a tightening of the state’s blood-alcohol concentration (BAC) limit as it applies to the legal definition of drunk driving is still of great interest to us and others in our field of practice.

So, the question remains, could a lower DWI standard be in the works any time soon? And how would that change affect drunk driving enforcement as well as other aspects of DWI and DUI legal defense. Well, the short answer, if we are to believe earlier news articles, is not for some time. In fact, some have suggested that a revised BAC of 0.05 percent, which tightens up the current standard by nearly 40 percent, could be decades in the making for us in the Garden State.
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August 23, 2013

Essex Among Those Counties that have Seen Serious Anti-DWI and DUI Crackdowns

by Jonathan F. Marshall

This being the Garden State it is not unusual to read about dozens of drunk driving arrests and drug-related DUI cases emanating any particular portion of the state. Certainly, Essex County is only one of a dozen or so jurisdictions that see concentrations of heavy DWI patrols and roadside sobriety checkpoint activities from time to time. As skilled DWI-DUI defense lawyers, the attorneys are the Law Offices of Jonathan F. Marshall are familiar with the potential volume of drunken driving cases moving through our state’s court system every month.

When considering cause and effect, it can be stated with a fair amount of certainty that an increase in anti-DWI and drug-DUI enforcement can have a direct impact on the number of drunken driving arrests in any one area, and as a result, more drunken driving cases in municipal courtrooms throughout these areas. We take no joy in the increased incidence of drunken driving, regardless of the reasons, but we are aware that a percentage of DWI arrests are based on weak or insufficient evidence.

In towns and cities all around New Jersey, the summertime driving season brings with it the promise of increased drunk driving patrols and other traffic safety enforcement efforts. Being DWI defense attorneys, I and my staff of experienced DWI lawyers fully understand how some drunk driving arrests may either be unwarranted or faulty in some way, shape or form. This is why we also recommend that any driver accused of DWI or drug DUI should, at the very least, consult a qualified DWI lawyer to better understand his or her options going forward.
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August 22, 2013

Ocean County DWI Update: Could Rise in Fatal Traffic Accidents Influence Anti-Drunken Driving Enforcement

by Jonathan F. Marshall

For those who may wonder why traffic enforcement seems higher in certain parts of the Garden State than others, the answer may be reflected in the simple statistics associated with drunk driving-related roadway collisions, perhaps especially those associated with fatal DWI crashes. According to a news article we recently ran across, Ocean County, NJ, ranks close to the top of all New Jersey counties in terms of deadly drunken driving accidents.

As New Jersey drunk driving defense lawyers, we are all too aware of the frequency of DWI and drug DUI arrests across our state. And although our job is to represent those individuals who have been accused of driving while under the influence of beer, wine, hard liquor, prescription and illegal drugs, we understand the dangers of driving while impaired by alcohol or controlled dangerous substances (CDS).

The report that we saw earlier this summer noted that the roads over in Ocean County have consistently seen some of the worst car accidents for almost any area in the Garden State. Because of this dubious distinction, county officials have reportedly been striving to remedy what the statistics seem to indicate. For example, through the first week of June, county accident data showed that 29 total fatalities had been recorded since the beginning of 2013.
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August 21, 2013

Cranford, NJ, Drunken Driving Police Blotter: Officers Take in Several Drivers for Alleged DWI

by Jonathan F. Marshall

In the course of driving throughout the Garden State, there’s a good chance that a percentage of motorists have seen roadside traffic stops from time to time. Whether those police stops are conducted at night or during the daytime; on the parkway or in the city, every week there are numerous New Jersey and out-of-state drivers who are stopped by state troopers or municipal cops for what may appear to be a rather minor traffic violation, but which ends up costing those people hundreds or thousands of dollars.

We’re talking, of course, about those traffic stops that develop into an alcohol or drug-related arrest. While not every police stop ends in an arrest for DWI or a summons for drug DUI, many New Jersey motorists in counties such as Bergen, Ocean and Monmouth discover the hard way that drinking and driving can land them in a courtroom to explain themselves before a judge.

This is where my law firm comes into play. As DWI defense attorneys and experienced trial lawyers, my legal staff understands this state’s drunken driving laws. We also understand the way in which otherwise law-abiding individuals can find themselves in the back of a police cruiser on the way to the local police department for a breath test and possible charges. Regardless of the final determination — be it impaired driving due to beer, wine or liquor; or some controlled dangerous substance (CDS) such as marijuana, cocaine or meth – the costs can be high.
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August 18, 2013

New Jersey Motorist Charged with Drunken Driving following Multiple-injury Accident on GSP

by Jonathan F. Marshall

On numerous occasions every week in this state it is not uncommon to see a motorist accused of DWI walk into a courtroom with either insufficient representation or none at all. When it comes to drunk driving charges, any accused individual should carefully weigh his or her options as they face the potentially costly consequences of a DWI or drug DUI conviction.

As drunk driving trial attorneys, the legal experts at the Law Offices of Jonathan F. Marshall have many decades of cumulative courtroom experience defending individuals accused of operating a motor vehicle while intoxicated by alcohol or impaired by some kind of controlled substance. Whether the DWI-DUI charges stem from alcohol, prescription medication or illegal drug use, having a qualified drunk driving lawyer at one’s side is always preferable to entering a courtroom alone and ill-prepared.

Accused individuals may feel that their good name or driving record is sufficient to get them out of hot water; however, without the assistance of a skilled attorney the positive outcome of a drunk driving case is far from assured. Preparation and a detailed understanding of New Jersey drunk driving law are important aspects of any good DWI defense. At the very least, we highly recommend consulting with a drunken driving attorney prior to stepping foot in a courtroom.
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