DWI Stops

June 20, 2013

Hudson County Woman Arrested after Drunk Driving-related Crash in Hoboken, NJ

During most any traffic stop that appears to the officer in charge to involve drinking and driving, the motorist will likely be asked to perform a one or more of the standardized field sobriety tests (FSTs) as prescribed by the National Highway Traffic Safety Administration (NHTSA). For those unfamiliar with these tests, they are comprised of a number of simple physical tasks — such as walking a straight line heel-to-toe or standing on one leg for 30 seconds — which police use to gauge a person’s level of impairment from drugs or alcohol.

Historically, law enforcement agencies have used these tests coupled with other observed symptoms of drunkenness — such as weaving in one’s lane — and the officer’s professional opinion to determine guilt and justify the arrest of a motorist for driving while intoxicated. Here in New Jersey, as well as the rest of the country, a patrolman must correctly administer the FSTs as approved by the NHTSA in a standardized manner in order to obtain a validated indicator of impairment and establish probable cause for a DWI-DUI arrest.

As common as the FSTs are in the daily duties of police officers all across the Garden State, they nonetheless represent one of the more controversial aspects of a drunk driving stop. In an effort to lend more credibility to these tests, the NHTSA developed a model training system for police officers and published numerous training manuals regarding the use and administration of FSTs. Even though the results of these test may be held up by the prosecution as proof of inebriation on the part of a driver, even experts in the field of DWI don’t agree on the effectiveness of FSTs.
Continue reading

June 18, 2013

Hoping for a Plea Agreement on Your DWI Case? Not Here in New Jersey

by Jonathan F. Marshall

With all the TV courtroom dramas that have come and gone, we certainly wouldn’t fault anyone for thinking that there might be a chance to negotiate a plea bargain on a drunken driving offense. And while a skilled criminal attorney can make the difference between a heavy sentence and a relatively light one, when it comes to DWI and drug DUI offenses, “copping a plea” is not in the cards.

Unless one is in the legal profession or very familiar with our state’s court system, most people rarely have the legal background to know what is or isn’t possible when it comes to defending against drunk driving charges. Although the general public may not be aware of all the ins and outs of New Jersey law, it is a fair bet that many have heard of the concept of plea bargaining.

In general, the term “plea bargaining” refers to a negotiated dismissal or downgrade of a charge or charges against an individual defendant. While relatively common in criminal trials, plea bargaining is strictly unavailable in cases concerning drunken driving. In fact, based on our state’s DWI laws, plea bargaining is actually against the law where intoxicated driving is concerned.
Continue reading

June 16, 2013

New Jersey DWI Defense Update: Minors in a Car Make for Worse Drunk Driving Penalties

by Jonathan F. Marshall

As professional litigators, I and my skilled legal staff here at the law offices of Jonathan F. Marshall have been practicing law collectively for nearly a century. Because of this extensive experience in and out of the courtroom, I and my team understand New Jersey’s DWI-DUI statutes and we know how the law affects the outcome of drunken driving cases from Passaic and Bergen County to Atlantic, Ocean and Cape May County. When asked, we usually tell prospective clients that fighting a drunk driving charge is usually a wise course of action.

Having represented hundreds of defendants, many of whom have been charged with offenses such as DWI, drug DUI, impaired motor vehicle operation and breath test refusal, we know which cases are going to be tough to win and which may even be thrown out on technicalities. Having a qualified legal professional on your side can not only be reassuring, but it can help you avoid the most severe of DWI penalties should the court rule against you.

One of the more serious charges for a driver who is caught drinking and driving has to do with minor children in the vehicle at the time of the traffic stop. Just as operating a motor vehicle within 1,000 feet of a school zone while drunk, can result in much greater penalties following a possible conviction, having kids with you while DWI-DUI is similarly a bad combination.
Continue reading

June 14, 2013

NJ DWI Police Blotter: Morris and Warren Officers Make Numerous Drunk Driving Traffic Stops

by Jonathan F. Marshall

Drunk driving arrests are hardly uncommon here in the Garden State, with our large population and plenty of vehicles on the road. But while intoxicated driving maybe a year-round occurrence throughout the state, the incidences of impaired motor vehicle operation can become especially frequent when the weather starts to warm up and the summer tourist season begins anew. With numerous family get-togethers, company picnics, and out-of-towners streaming into beach and resort areas, police all around the state are on alert for potentially inebriated motorists.

Whether one lives, works or travels through Monmouth County, or Ocean, Atlantic or Cape May, a wide variety of alcohol- and prescription drug-related arrests can be seen nearly any day of the week in the various police blotter pages published by local news outlets. As New Jersey DWI defense lawyers, my legal team has seen its share of courtroom scenarios involving all manner of drunk driving, breath-test refusal and drug DUI cases.

Regardless of the circumstances, from alcohol-related car and truck accidents to drug-impaired motorists taken into custody and charged with DUI, our court system is witness to a constant stream of DWI-DUI cases, many of which are thrown out due to lack of proper evidence or incorrect police procedures. For these last two reasons alone it is never a bad idea to consult with an experienced trial lawyer skilled in DWI-DUI litigation. Certainly, understanding one’s legal rights and weighing the possible options is usually to a person’s advantage.
Continue reading

June 10, 2013

Garden State Auto Accidents and DWI Arrests Seem to Go Hand-in-Hand

by Jonathan F. Marshall

First a few facts to begin with: Under New Jersey law, a patrolman or state trooper is permitted to legally arrest a motorist for drunken driving per N.J.S.A. 39:5-25. While police have the ability to take a driver into custody and charge him or her with DWI or drug DUI, the law is not without some limitations.

As New Jersey trial lawyers experienced in defending individuals accused of operating a motor vehicle while intoxicated, we know that the law allows a law enforcement officer to arrest a person for DWI-DUI without the need for a warrant if, and only if, the policeman has “probable cause” that the driver was operating his or her vehicle in violation of New Jersey law (specifically N.J.S.A. 39:4-50(a) and/or N.J.S.A. 39:3-10.13).

Probable cause usually exists when the totality of the facts and circumstances that are known to the officer makes it reasonable for that individual to believe that the subject of the arrest was operating his or her car while in an impaired condition, either by alcohol, doctor-prescribed drugs or illicit substances, such as marijuana, cocaine, meth or some other controlled dangerous substance (CDS).
Continue reading

June 8, 2013

NJ Drunk Driving Defense Attorney Update: Garden State Motorists Seeking Post-Conviction Relief

by Jonathan F. Marshall

As a former municipal prosecutor and now an advocate for drivers accused of operating their motor vehicles while impaired by the consumption of beer, wine or hard liquor, as well as doctor-prescribed medications or even illicit drugs, I and my legal team make it our goal to provide the best defense for every one of our clients who have been charged with DWI or drug DUI.

Here in the Garden State, hundreds of motorists are pulled over every week all across the state; many of these individuals are arrested and charged with operating a motor vehicle while intoxicated. Some of these drivers will hire a DWI defense attorney to handle their case, while others will try to make a go of it one their own. Some will have their cases thrown out for one or more reasons, although many will likely be convicted and have to pay hundreds or thousands of dollars in fines, court fees and increase auto insurance rates.

Anyone who drives a vehicle in New Jersey probably understands that driving under the influence of alcohol or prescription drugs drunk driving is considered a very serious traffic offense under this state’s laws. And, as we’ve mentioned many times before, there are severe penalties for those convicted of DWI-DUI.
Continue reading

June 7, 2013

Morris Twp. Police Arrest Driver for Drunk Driving, Accuse Man of False Hit-and-Run Claim

by Jonathan F. Marshall

As advocates for motorists accused of drinking and driving, drug-impaired motor vehicle operation and other alcohol-related violations, I and my colleagues maintain a healthy skepticism when it comes to charges levied by local and state police against drivers. But being skeptical of law enforcement officials does not mean that we do not respect the job that police officers do for our community.

Similarly, as officers of the court, we have a responsibility to the truth. One thing we do know is that fabricating stories in an effort to reduce guilt or avoid justice altogether is not the best course for most people who seek justice from the courts. Taking statements from all sides with a grain of salt allows one to keep an open mind and lends better perspective to important legal matters.

When it comes to being accused of drunken driving, most people want to avoid any consequences. As New Jersey DWI defense attorneys, I and my experienced team of trial lawyers understand the law and can use our skills and training to best advantage for our clients. This is important, since a conviction for driving under the influence can result in penalties ranging from the loss of one’s license to heavy fines and even jail time.
Continue reading

June 5, 2013

Jersey Police Blotter: Monmouth and Union County Police Issue DWI, CDS Possession and DUI Summonses

by Jonathan F. Marshall

Having defended hundreds of motorists over the years, my law firm’s legal team literally has decades of trial and courtroom experience under its collective belt. As such, we understand how typically law-abiding citizens can find themselves facing a drunk driving charge for the very first time. Most people charged with DWI probably did not start the day thinking that they were going to operate their vehicle while intoxicated. Even more likely never considered the possibility of being arrested on the spot for drunk driving or drug DUI.

Sadly, the time when all the would-a, should-a, could-a thoughts come streaming through one’s mind is about the same time as the officer in charge asks that you step out of the car to perform a field sobriety test. At that point, considering whether or not to drive after taking even one drink prior to heading home is a little overdue.

As New Jersey DWI defense lawyers, I and my colleagues devote ourselves to defending the rights of those individuals who have been accused of breaking the law. Our job is to represent individuals charged with operating a vehicle while under the influence of beer, wine, hard liquor and any other alcoholic beverage. The same goes for those drivers accused of being impaired by doctor-prescribed meds (drug DUI), certain illegal substances or even possessing a controlled dangerous substance (CDS), such as cocaine, meth or marijuana in an automobile.
Continue reading

June 4, 2013

Middle Twp. Officer Named 2012 Top Cop for Drunken Driving Arrests in Cape May County

by Jonathan F. Marshall

It would appear that Middle Township in Cape May County was probably not the best place to drive drunk during 2012, at least according to news articles that reported one of the township’s officers recently received the “Top Gun” award for that county. It should be noted that as a former municipal prosecutor here in the Garden State, I have great respect for our law enforcement professionals; the people who serve their communities and place their lives on the line every day all across this state.

Despite good intentions, however, there are instances where police officers may arrest a person and erroneously charge him or her with an offense without sufficient supporting evidence. This is where attorneys like me and my knowledgeable team of experienced DWI defense lawyers can come to the aid of motorists who may have been falsely accused of drunk driving or drug DUI. It is entirely understandable that law enforcement agencies want to curb drinking and driving, but there are limitations to how the police may go about this task.

As we are quick to point out here at my law firm, there must be legal justification for any traffic stop that results in a drunken driving arrest. The Constitution of the United States, as well as that of the state of New Jersey, has wording that protects motorists from unreasonable traffic stops. This is to say that the police, be they the local cops or state troopers, can only stop a driver given a legitimate reason to do so under the law. Quite simply, just a hunch that a person is maybe drunk behind the wheel is not sufficient legal justification for a motor vehicle stop.
Continue reading

June 3, 2013

Contemplating Drinking and Driving in New Jersey? Consider How Zealous DWI Enforcement Here Can Be

by Jonathan F. Marshall

Unless you’ve been living under a rock for the past several decades you probably know almost intuitively that municipal patrolmen, as well as our New Jersey state troopers, all have a very keen eye for potentially impaired motorists. Making one’s way onto public roads in any condition other than fully sober can be a risky proposition not only in terms of safety to you, your passengers, and others on the road as well, but also financially.

As New Jersey DWI defense lawyers, I and my staff of skilled legal professionals have for many years been protecting the rights of individuals accused of operating a motor vehicle while under the influence of alcohol or prescription drugs (drug DUI). My legal team understands drunk driving law and the potential fines associated with a conviction for any number of alcohol-related offenses.

Another thing that we know from our decades of collective courtroom experience is that law enforcement officers and the prosecutors who handle drunk driving cases tend to have a singular goal of catching, convicting and punishing motorists who get behind the wheel of a car or truck while intoxicated. Whether it’s alcohol, doctor-prescribed medication, or illegal substances, the law has strict rules for dealing with offenders.
Continue reading