DWI Stops

July 28, 2013

New Jersey Drunk Driving Police Blotter: Officers in Middlesex and Monmouth County Arrest Drivers for DWI

Prosecutions of motorists accused of driving while intoxicated can unfold in a number of different ways here in the Garden State. In situations where a driver is charged with operating a motor vehicle under the influence of alcohol usually focus on whether or not the defendant was impaired by beer, wine, hard liquor of some other type of alcoholic beverage. Arrests made on the basis of having a blood-alcohol content (BAC) reading of 0.08 percent or more is typically referred to as a “per se” charge.

As New Jersey drunk driving defense attorneys, I and my legal team understands New Jersey’s DWI-DUI law, which can be unusual in several ways. First off, unlike many other states across the country, New Jersey doesn’t give accused DWI or drug DUI offenders the right to a jury trial. A motorist accused of driving while intoxicated in the Garden State is entitled only to a court trial, where a judge is the sole decider of guilt or innocence. Naturally, there are various advantages and disadvantages to this approach.

One important “advantage” for those defendants who are found guilty by a judge of DWI-DUI in New Jersey is that the guilty party has the right to an appeal, known in legal circles as a “de novo” appeal. In cases where the defendant loses his initial DWI case, the de novo appeal allows the appellant to bring his case before a county-level Superior Court judge, who will review the trial transcripts and listen to arguments from both the motorist’s lawyer and the state’s attorney.
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July 26, 2013

Motorist Gets More than a Dozen Years Behind Bars following Eighth DUI Conviction

by Jonathan F. Marshall

We hear a lot about criminal recidivism, but a percentage of drunk drivers who have been caught and punished still can also have a difficult road ahead of them in terms of repeat offenses pertaining to DWI or drug DUI. As New Jersey drunken driving defense attorneys, I and my staff of experienced trial lawyers understand the difficulties faced by those who have one or more drunk driving convictions in their recent past.

Here in the Garden State, being a second- or third-time DWI or DUI offender does not garner much sympathy from the police or our courts. The same can be said for most other parts of the country. Take, for instance, the story of an out-of-state driver dubbed by the prosecution as the “Grim Reaper,” who was sentenced to 13 years in jail after being convicted of his eighth drunken driving offense.

Based on news reports, 43-year-old Timothy Morrow of Round Lake Beach, IL, was sentenced last May capping a quarter century of drunken driving arrests and convictions. According to court records, Morrow received his first DWI when he was only 17 years of age. Since that time, the local prosecutor in the drunk driving case against Morrow cited nine other incidents when the defendant was stopped for driving under the influence of alcohol, as well as two others involving boating under the influence (also known as BUI).
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July 24, 2013

Union County DWI Police Blotter: Fanwood, Garwood and Summit Police Make Multiple Drunk Driving Arrests

by Jonathan F. Marshall

It’s easy to become incensed about a traffic ticket, especially for an individual who has never before been face to face with a municipal patrolman or a state trooper; authority figures who essentially tell a that person that he was, plain and simple, in the wrong. But imagine not only being told you were wrong, but that you were being arrested for your mistake as the officer saw it. It’s not hard to see that many an otherwise law-abiding citizen might lose his cool under such circumstances.

As New Jersey DWI defense lawyers, my firm is well versed in the laws of this state as they apply to operating a motor vehicle while under the influence of beer, wine, hard liquor, and even prescription medications or illicit drugs. With more than 100 years of collective litigation experience, I and my colleagues take our jobs very seriously when it comes to representing the interests of clients who have been accused of drunken driving, breath test refusal, CDS possession in a vehicle, drug DUI and other DWI-DUI cases.

While many of our clients are first-time offenders, there is no lack of people who find themselves in similar situations each and every day. Alcohol and drug-related traffic arrests are made by police constantly all across the Garden State. We are asked quite often by potential clients if an officer needs a warrant to make a drunk driving arrest. The short answer is actually, No.
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July 22, 2013

DWI News Alert: Beware the Left-hand Lane on Garden State Throughways, Interstates and Parkways

by Jonathan F. Marshall

Anyone who frequents this blog may already know that the police have more than a few avenues at their disposal when it comes to justifying a traffic stop here in the Garden State. As experienced DWI defense lawyers, my legal team understands the law and specifically how it applies to cases involving drunken driving, operating a motor vehicle while impaired by a controlled dangerous substance (CDS), breath test refusal, possession of marijuana in a car, and numerous other offenses.

Aside from the obvious infractions that can get a motorist pulled over — such as speeding, failing to yield, making an illegal turn, etc. — there are other and more subtle ways in which a patrolman might effect a traffic stop. One is being identified as having an expired vehicle registration through what is known as a “mobile computer look-up.” Instances involving this kind of police activity, which may or may not lead to an actual traffic stop, only take an officer’s curiosity regarding the status of one’s vehicle registration, insurance coverage, owner’s license info, or even if the vehicle has been stolen.

For those who may be wondering, the odds of being stopped based on a random computer look-up could be rising as we speak, especially considering the burgeoning information sharing efforts between local, state and federal law enforcement agencies. Furthermore, the precedent is already set with this kind of indirect observation; police departments all across New Jersey have the authority (based on State v. Donis) to conduct random license plate look-ups for all manner of vehicle and driver information.
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July 20, 2013

Woman Charged with Another DWI After “Celebrating” Completion of DUI-related License Suspension

by Jonathan F. Marshall

Drunk driving defense attorneys such as myself and my colleagues can only help people just so much. When a driver makes a mistake or error in judgment and gets behind the wheel of his or her automobile while possibly intoxicated, a qualified DWI defense lawyer can be of great assistance in fighting a potential DWI or drug DUI charge. But after the case is closed, whatever the outcome, the choice to repeat the original episode is solely up to the driver himself.

As professional litigators experienced in representing motorists accused of operating a vehicle while under the influence of beer, wine, hard liquor or prescription drugs, we can only advise our clients to exercise discretion and not to end up in a similar situation in the future. Unfortunately, human nature is a tough thing to overcome with some individuals and many previously-convicted drunk drivers — or even those acquitted of driving while intoxicated — can end up on the hook again for being allegedly drunk behind the wheel in the future.

Here in the Garden State, multiple convictions for DWI-DUI have consequences much more serious than those for a first-time offender. While it’s no secret that harsh consequences await those convicted of a second- or third-time drunken driver, it also should not be a surprise that retaining a lawyer in such cases is usually the best course of action. Although no one can guarantee the outcome of any legal case, there are some compelling reasons to mount a strong defense for “first-timers.”
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July 18, 2013

New Jersey DWI News: Garden State Drivers Becoming More Aware of Drunk Driving Consequences

by Jonathan F. Marshall

As long as DWI checkpoints and sobriety roadblocks have been used in this state there have been detractors who ask if the cost in equipment, manpower and officer overtime is really worth the effort of bringing in a handful of alleged drunken drivers from time to time. Here in the Garden State, the random operation of sobriety checkpoints certainly has given more than one driver pause to get behind the wheel of his or her car following an evening with friends at a restaurant, bar or private residence.

As long-time DWI defense attorneys, I and my team of experienced trial lawyers have dedicated ourselves to helping those motorists who believe that they did not deserve being charged with driving under the influence of alcohol or drugs. One of the many ways in which New Jersey drivers end up in front of a municipal or county judge is when they are arrested for DWI or drug DUI at one of the numerous drunk driving roadblocks that go up on weekends and during various national holidays.

Although law enforcement agencies throughout the state have it in their authority to set up sobriety roadblocks, there are limitations and rules that must be followed. For example, the police are required by law to place a public announcement (stating when and where) prior to the erection of any sobriety or DWI checkpoint. Furthermore, the placement of these roadblocks must be in an area that has a history of prior DWI activity; in other words, they cannot be placed anywhere the police authorities choose.
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July 16, 2013

Why Complicate Matters by Tying a New Jersey DWI Tied to an Auto Injury Accident?

by Jonathan F. Marshall

For those drivers accused of operating a motor vehicle while under the influence of alcohol or impaired by prescription drugs, we as drunken driving defense attorneys understand how difficult this kind of charge may be on these individuals and their families. But there is one important distinction for those who are pulled over on the side of the road, or waved into a sobriety roadblock, only to be arrested and charged with DWI or drug DUI: you did not injure or kill somebody else as a result of being in an allegedly impaired state.

We have said it here numerous times in the past, but being accused with causing bodily injury or killing another individual while also allegedly being drunk behind the wheel is a far more serious situation than being picked up for a minor traffic violation and then being slapped with a drunk driving summons.

As New Jersey DWI-DUI defense lawyers, I and my colleagues are well prepared to represent those motorists who find themselves accused of drunken driving, drug DUI or even impairment due to a controlled dangerous substance (CDS), such as cocaine or marijuana. But adding a car, truck or motorcycle crash to the list of related charges can be a game-changer.
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July 14, 2013

Alleged Racial Profiling Blamed in Out-of-State DWI Arrest of Motorist with Zero Blood-alcohol Content

by Jonathan F. Marshall

Like it or not, we do not live in a perfect world. Day in and day out, law abiding citizens all across the country are stopped on our nation’s roadways and arrested for any number of offenses for which the charges are later dropped or dismissed in a court of law. For those who have their cases thrown out by a traffic judge, the relief is often accompanied by anger or resentment because of the trouble and cost of defending their good name when they knew all along that they were innocent of the charges. For others — those who can’t avoid the points, monetary penalties or other punishment ordered by the court — they can usually appeal their case to a higher court.

The point we wish to make here is that nobody is perfect, and that goes as much for the men and women in law enforcement as it does anyone else in our modern society. It’s only natural that human beings come with their own set of shortcomings. Mostly, we ignore the less serious failings — in terms of judgment or actions — of our friends and family knowing that they mean well even though their decisions and choices can sometimes be arrived at through faulty or imperfect logic. For others, we often expect perfection, though this is often only wishful thinking.

Police officers and others in authority tend to be seen by a large portion of the general public as having a god-like infallibility. Living up to this standard would be hard enough for the average person, much less someone who is charged with maintaining the safety and well-being of the citizenry. When a police officer, judge, or city, state or federal official fails to meet the public’s expectations of them, there is usually a backlash.
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July 12, 2013

Advanced Patrol Car Electronics and Instant Access to Statewide Motor Vehicle Databases Give Police an Edge

by Jonathan F. Marshall

Back in what some of us might call the good ol’ days, having an out-of-date license plate tag or being tardy in making an auto insurance payment was a secret that could mostly be kept to oneself, at least until a driver broke a traffic law right in front of a cop. But that’s hardly the case anymore. These days, the information age can quickly catch up to those procrastinating motorists and other drivers for whom the calendar is merely a seasonal guidepost. For those who might not worry so much about driving their vehicle while possibly intoxicated, whether they know it or not, Big Brother is watching.

As we’ve explained in the past, New Jersey state law defines when it is legal for a police officer to stop a motorist on the roadway, after which a drunk driving summons may be forthcoming depending on the officer’s suspicions and observations of the driver. But having a hunch that a motorist may be inebriated behind the wheel of his or her vehicle is not sufficient legal grounds in the Garden State for a patrolman to stop a vehicle. Acting on the suspicion that an individual is impaired by alcohol or prescription drugs (drug DUI) should only come into play following a legitimate traffic stop.

But what does it take to cause a municipal policeman or a New Jersey state trooper to decide that a driver is in violation of one or more traffic laws? Simple observation can result in a routine police stop if the officer in charge sees an obvious violation, such as an illegal U-turn, failure to yield at a stop sign, even cutting through a parking lot to avoid waiting at an intersection. These and many other scenarios are all typical ways in which New Jersey drivers are constantly getting into hot water with the police.
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July 10, 2013

NJ Police Blotter: DWI Arrests Include Suspect Fleeing from Drunk Driving Stop in Union County

by Jonathan F. Marshall

Here in the Garden State, motorists are not lacking in choice when it comes to selecting a drunk driving defense attorney to representing their interests following a DWI or drug DUI arrest. Whether it’s a routine traffic stop that results in a summons for impaired driving or multi-car accident that points to a driver being drunk behind the wheel, an unending procession of intoxicated driving and prescription drug-related DUI cases is constantly marching through New Jersey courtrooms almost every day.

As experienced drunken driving defense lawyers, I and my staff of skilled trial attorneys have the legal background and professional experience that brings results. The Law Offices of Jonathan F. Marshall provides clients with legal representation in cases involving drunken driving, drug-impaired vehicle operation, possession of illegal or controlled dangerous substance (CDS), and breath test refusal, just to name a few.

Especially here in New Jersey, where stiff DWI fines and other penalties await those convicted of driving while intoxicated, there is a large number of anti-drunk driving road patrols and sobriety checkpoints (also known as DWI roadblocks) that occur on a regular basis, both in the summer months and at various times during the year when a major holiday suggests a higher-than-normal frequency of drunken drivers on the roadways.