DWI Stops

March 17, 2013

Consider a Sober Ride Home this St. Paddy’s Day to Avoid Potential DWI Charges

Well, it’s St. Patrick’s Day, again; and what better time to remind all those planning to enjoy their green beer and Irish whiskey to be sure they also have a sober ride home following the revelry. The fact is, at least here in the Garden State, no good time goes unpunished. With the continuing battle against drunk driving, you can be sure that the state patrol, as well as county and local police agencies will have their officers plying the roadways and looking for drivers who can’t seem to follow our state’s traffic laws.

We say this because, as New Jersey drunken driving defense attorneys, we know that the law does not allow a police officer to stop a motorist solely on the hunch that he or she may be intoxicated. A hunch is not a legitimate reason to stop a motorist, regardless of whether or not that a driver is inebriated or otherwise impaired by alcohol or some other substance. Even if a motorist is under the influence of beer, wine, hard liquor, doctor-prescribed meds or illicit drugs, such as marijuana or cocaine, a patrolman can only stop a vehicle if he has observed a traffic offense or some other type of motor vehicle violation.

Naturally, it doesn’t take much to initiate a traffic stop. Drifting into another lane, however briefly, could trigger a traffic stop, was can exceeding the speed limit or making an illegal turn. Whatever the situation, if a driver has been drinking prior to the traffic stop, there could be a DWI arrest waiting for him just around the corner. And if charged and subsequently convicted, there could be hundreds or thousands of dollars in fines, court fees and statutory penalties. As we said, it’s best not to tempt fate on this favorite of Irish holidays and leave the driving to a teetotaler.
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March 14, 2013

Monmouth County Driver Assaults Police Following Drunken Driving Accident in Red Bank, NJ

by Jonathan F. Marshall

There are laws and there are laws. As most people know, driving under the influence (DUI) or driving while intoxicated (DWI) are terms used to describe a motor vehicle violation here in New Jersey. The details and language used to define drunk driving law are laid out in N.J.S. 39: 4-50. This includes a range of monetary fines and maximum jail time based on the defendant’s level of intoxication (as measure by blood-alcohol concentration, or BAC), as well as guidelines for license suspension, among others.

Aside from the obvious public safety concerns that driving while impaired by alcohol or drugs presents on the road, over the past several decades, drunken driving has become a much less socially acceptable activity. The negative affect that a drunk driving arrest can have on one’s career or social standing in the community, and even on personal relationships, has been growing as well. This is certainly reflected in the way in which law enforcement agencies conduct anti-drunk driving campaigns all through the year and especially during holidays.

As New Jersey DWI-DUI defense lawyers, we understand how average people can find themselves arrested for drunken driving for the first time without really having thought they were impaired when they got behind the wheel of their car, truck or SUV. But it does happen, and that is why we offer our services to help people fight for their rights under the law. Apart from advising everyone not to attempt to operate a motor vehicle after having any amount of alcohol is to not compound one’s troubles should you be unlucky enough to be stopped while possibly inebriated.
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March 12, 2013

Anti-DWI Enforcement Update: Westfield Police Taking to the Streets this St. Patrick’s Day

by Jonathan F. Marshall

As drunk driving defense attorneys, the legal staff here at the Law Offices of Jonathan F. Marshall have a great deal of expertise in defending motorists accused of operating their car, truck or motorcycle while under the influence of alcohol, doctor-prescribed meds and even illegal substances (also referred to as CDSs, or controlled dangerous substances). Whether one has been arrested in Bergen, Hudson, Ocean or Monmouth County, the penalties for DWI or drug DUI can be quite harsh, because of which it makes all the more sense to consult a qualified drunk driving lawyer following a DWI incident.

Living and working here in the Garden State, it is important to understand the affect that the law has on people who have been charged with a traffic violation such as drunken driving. Equally as important, one should be aware of the implications of any number of related offenses, like breath test refusal, drug-related DUI, possession of a CDS in a motor vehicle, underage drinking and/or driving, etc.

As motorists ourselves, we share the road with the rest of the New Jersey driving public and we know the dangers involved in drinking and driving from our work with clients accused of DWI as well as from a variety of case law and trial experience. We also know that the state — including law enforcement and the judicial system — has an extremely low tolerance for individual who have been convicted of drunk driving.
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March 11, 2013

Toms River Police Blotter: Drug Possession and Drunk Driving Arrests in Ocean County, NJ

by Jonathan F. Marshall

For anyone who has not been arrested by police for drunken driving and charged with DWI or drug DUI, we would suggest that for most people it can be an embarrassing, belittling and potentially costly experience. For many motorists, just being pulled over by a state patrolman or a local municipal police officer can be a nerve-racking encounter. Being nervous can have its own drawbacks when a police officer is already convinced that a driver may have been drinking before getting behind the wheel of his or her automobile.

We understand how a normally law-abiding person, faced with a traffic stop and perhaps having had a drink or two earlier in the day might appear a little bit off his game, especially in the presence of an authority figure like a New Jersey state trooper. As experienced DWI defense lawyers, I and my team of highly skilled trial attorneys are devoted to our job of representing individuals accused of operating a motor vehicle while intoxicated. This also goes for drivers charged with impairment by doctor-prescribed medications (drug DUI) and even those motorists accused of driving under the influence of illegal drugs or possessing a controlled dangerous substance (CDS) in an automobile.

For those charged with alcohol intoxication, after the initial stop and arrest, the driver will likely be taken to the local police headquarters where he or she will be asked to provide a breath sample using a breath-testing device like the Alcotest 7110. Should this happen to you, it is wise to remember everything about the arrest, most importantly the circumstances surrounding the actual breath testing as well as the exact blood-alcohol concentration (BAC) reading.
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March 5, 2013

Drunken Driving Defense Update: Prosecutors Can Bring Many Pieces of Evidence Against a DWI Defendant

by Jonathan F. Marshall

As New Jersey residents and motorists, most of the general public knows how frequently police stops occur in this state. With a high population count and rather dense urban centers, the Garden State is home to all manner of individuals. And while the average person is more than likely a law-abiding citizen, it is interesting to note how many upstanding people find themselves on the receiving end of a traffic citation during the course of a week, month or year. As New Jersey DWI defense attorneys, my firm has helped dozens upon dozens of drivers who have been accused of operating a motor vehicle while under the influence.

Being arrested for drunken driving — or impaired operation of a motor vehicle due to prescription medication — can be a rattling experience for most people who have otherwise followed the law and maintained a clean record. Sadly, a lot of these accused drunk drivers may not have realized they were impaired, or certainly legally intoxicated by beer, wine or hard liquor. The law provides for rather harsh penalties, even for those whose DWI charge is a first-time offense.

Like any civil or criminal charge, the arresting officer should have some credible evidence for the prosecution to hold up in court as proof of the offense. As defense lawyers, our job is to discredit the source of the evidence or to call into question the accuracy of that evidence. In drunken driving cases there are a number of common pieces of evidence that may be used against an alleged drunk driver in a court of law. These can include the following:
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March 4, 2013

New Jersey’s Bar Association Recommends Change to State’s Breath Test Refusal Statement

by Jonathan F. Marshall

For those who follow New Jersey drunken driving law, there was an interesting article earlier this year reporting the state’s Bar Associate desire to effect a change in the statement used when advising motorists of the penalty for refusing a breath test associate with a drunken driving arrest. Based on the news reports we ran across, this apparently grew out of the drunken driving case of Assemblyman Paul Moriarty last year.

As New Jersey DWI defense attorneys, we know full well how many motorists are caught up in drunk driving arrests each year. Many of these people may not have known that they were legally drink at the time of the arrest, while others believe wholeheartedly that the charges against them are without grounds. Whatever the situation, our job as qualified drunken driving defense lawyers is to represent these individuals in a court of law and help them fight the accusations leveled against them.

For some drivers, being accused of driving while intoxicated can mean they will be asked to take a breathalyzer test to measure their blood-alcohol concentration — the legal limit for which is 0.08 percent here in the Garden State. Some people do not want to have their breath analyzed and so they have the choice to refuse to have a sample taken. But this is not such a simple issue as it may seem.
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March 2, 2013

Out-of-State Driver Charged with DWI after Camden County Speeding Episode on Rte 42

by Jonathan F. Marshall

We’ve repeatedly warned readers about the folly of driving while intoxicated under any circumstances here in the Garden State. Frankly, with the state laws what they are and the zealous nature with which county and municipal prosecutors pursue drunk driving convictions, is there any reason whatsoever to make one’s life any more complicated by adding a DWI to the mix? We think not. Yet, every day, motorists from all over the state, as well as those simply visiting, are caught driving while impaired by alcohol, prescription medications or illegal drugs, such as marijuana and meth.

As New Jersey drunken driving defense lawyers, the attorneys here at the law offices of John F. Marshall are ready and willing to assist individuals who have been charged with traffic-related offenses such as DWI and drug DUI, as well as serious non-drunk driving-related crimes. Since most people do not expect to be charged with driving while intoxicated, the first step following a DWI arrest is to learn, quickly, about how to select a qualified defense attorney.

Most people have heard the old adage, “knowledge is power.” It’s true that one can educate him or herself about our state’s legal system and how cases work their way through the judicial process. You can also learn about the possible consequences from being convicted of the charges lodged against you. But this can also be a time consuming process. Certainly, along with informing yourself on the various legal points associate with your case, one should take some of that time to find a good DWI defense lawyer with trial experience.
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February 27, 2013

Baby Sitter Charged with Drunken Driving after Mid-day Single-vehicle Crash in Union County

by Jonathan F. Marshall

Anyone who needs an example of what not to do when it comes to drinking and driving — despite the obvious of not getting into a motor vehicle if you suspect you have had any amount of alcohol to drink — just take a look at the news article we ran across a short while ago. Incidents like this only serve to punctuate the argument that a drunken driving-related traffic accident can happen at the most inopportune time resulting in consequences that may only be fully realized much later.

As New Jersey DWI defense attorneys, I and my colleagues have literally a century of legal experience between us assisting individuals accused of a wide range of offenses, not the least of which is driving while intoxicated. Looking at the news on a daily basis it’s evident that the Garden State has its share of impaired driving incidents every single day of the week.

Whether the charge is driving drunk, impaired operation of a car, truck or motorcycle, or driving under the influence of doctor-prescribed meds or even illicit drugs, this is an area of the law on which one does not want to find him or herself on the wrong side. With potentially harsh sentences and costly fines, fees and statutory assessments, being convicted of a DWI or DUI can be a shock to the average law-abiding citizen. Just consider that simply being accused of impaired or drunken driving can hurt one’s reputation, cause problems with personal relationships and even ruin one’s career.
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February 24, 2013

Possible Serious Consequences for New Jersey Driver Charged in Fatal DWI Accident in Somerset County

by Jonathan F. Marshall

Drunken driving is already a serious offense in and of itself here in the Garden State, but there are worse things that can happen beyond being stopped by a police officer for a minor traffic violation and then being arrested for driving a car while under the influence of alcohol or prescription drugs. Consider a fatal alcohol- or drug-related traffic accident.

As New Jersey DWI defense attorneys, I and my colleagues know how easily it can be for a motorist to be swept up in a DWI or drug DUI offense out there on our highways or surface streets. Not only can it be embarrassing to be arrested, much less convicted, but the potential harm that such an event can have on a person’s private life and business career can sometimes be irreparable.

Being stopped while legally intoxicated by beer, wine or liquor is just the beginning of a process that can lead to stiff fines, court costs, fees, and assessments to one’s auto insurance premiums; all because of a momentary indiscretion. As professionals in the area of DWI and drug-DUI defense, we understand what is at stake for the average person, and we are prepared to help.
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February 18, 2013

New Jersey Court Sentences Melrose Place Actress to Three Years in Jail for Fatal DWI Crash

by Jonathan F. Marshall

Though some may argue the contrary, the law is designed to treat all people equally when determining an individual’s guilt or innocence. As New Jersey drunk driving defense attorneys, I and my staff of experienced DWI lawyers have decades of litigation expertise that has served us and our clients well when fighting charges of drunken driving, drug DUI, breath test refusal and other DWI- and DUI-related offenses. If you remember anything about the legal system, it is that every person accused of a crime is considered innocent until proven guilty.

Especially in situations where a motorist has been arrested and charged with driving while intoxicated or otherwise impaired by alcohol, doctor-prescribed medication, or even illegal drugs such as cocaine or marijuana, having one’s day in court is often the most important aspect of fighting for one’s legal rights. And while not everyone can expect to be found not guilty, reducing to some extent the typically harsh monetary penalties or even jail time associated with a DWI conviction is another desirable goal of taking one’s case into a court of law.

Of course, the wheels of justice can often turn at a glacial pace, especially in situations where the serious injury or death of an innocent person may have been involved. We are reminded of this many times during the year when so-called high-profile cases are tried in courtrooms throughout the country.
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