DWI Stops

February 16, 2013

Caught Driving Drunk in New Jersey? Find the Right Attorney to Defend Your Rights

Over the many years that my legal firm has been helping motorists accused of drunken driving, I and my associates have been asked more than a few times, “Why do I need a DWI lawyer when I step into a courtroom on a charge of driving while intoxicated?” The simple answer would be, “Because you owe it to yourself to be fully prepared to face the prosecution, which will do its best to prove you guilty of DWI or drug DUI.” But this is only one basic reason.

It’s not a secret that drivers in the Garden State face a tough situation when they are stopped on the highway after having a drink or two. It’s a mistake to assume that heavy drinkers and so-called “party animals” are the only people to be arrested for drunken driving by state or local police. For many, a simple drive home after dinner with friends can sometimes lead to a traffic stop, possibly for some basic moving violation, only to escalate into a full-blown DWI arrest and a trip to police headquarters.

As drunk driving defense attorneys, I and my team of experienced trial lawyers are fully up to the task of representing individuals who have been accused of operating a motor vehicle while under the influence of liquor, beer, or doctor-prescribed medication. We know how scary a drunk driving arrest can be for normally law-abiding citizens. But the truly frightening thing about being arrested is that a conviction can result in serious and expensive consequences.
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February 12, 2013

Faulty Vehicle Equipment Leads Police to Charge New Jersey Man with DWI in Union County

by Jonathan F. Marshall

We have discussed this before, but it bears repeating for those who have forgotten or simply ignored our repeated warnings; that drinking dulls ones senses, not only in terms of ability to operate a motor vehicle, but also to recognize other, potentially dangerous conditions on the road or even on one’s own vehicle. As New Jersey drunken driving defense attorneys, we understand all too well how human nature can work against certain people. Adding a few drinks to the mix is usually not going to improve matters.

With the economy still causing many individuals difficulty, it is easy to understand that cutting corners and ignoring expensive maintenance on one’s home, vehicle or other property can seem to be a necessity simply for survival. But there are unintended consequences to many of these actions. We’ve written about individuals who have driven their vehicle while obviously intoxicated — either through the consumption of alcohol or the taking of prescription medications — but the results of such activities are hardly beneficial.

Take the man who struck another vehicle early one morning a couple years ago while impaired by alcohol. Not only was the DWI-related accident a serious blunder on the part of the hapless motorist, but the vehicle which was hit belonged to a local police chief in Bergen County. Walking into a courtroom to defend oneself against a charge of driving under the influence and causing an accident that happened to involve a police department vehicle as well as two police officers, well that is what we would definitely call major unintended consequences. To defend an individual under such circumstances would not be an enviable task under the best of conditions.
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February 10, 2013

Union County DWI Police Blotter: Cranford and Clark Officers Make Multiple Drunken Driving, CDS Arrests

by Jonathan F. Marshall

For those who have never been stopped by a police officer for a traffic violation, it may be hard to imagine what it feels like not only to be stopped for a moving violation, but to be asked to perform a field sobriety test because that patrolman believes that you have been drinking. Forget embarrassment; most people have no idea how nerve-racking and confidence shaking a drunken driving arrest can truly be.

As experienced New Jersey DWI defense attorneys, my firm is dedicated to helping those individuals who believe they have either been falsely accused of drunk driving or drug DUI (prescription medication or illegal substances), or who feel that they have a legitimate case for a reduced charge based on the way in which the traffic stop and DWI/DUI arrest was handled by the police officer in charge. My legal staff is ready to fight for our clients’ rights.

Every day, from news agencies all around the Garden State you can find examples of traffic stops that ended in an arrest for driving under the influence. The following news items out of Union County, NJ, are just the tip of the iceberg when it comes to the shear range of DWI and DUI arrest scenarios.
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February 8, 2013

NJ State Senate Initiates Bill Requiring EVERY Convicted DWI Offender Use an Ignition Interlock Device

by Jonathan F. Marshall

The New Jersey State Senate recently set in motion a bill that if made into law would require any DWI offender — even first-timers — to have an ignition interlock device installed on his or her vehicle as a mandatory condition of their sentencing. According to news articles the new legislation, if passed, would amend the state’s DWI laws to include wording requiring all convicted drunken driving offenders to have an ignition interlock installed in their cars for varying lengths of time.

As New Jersey drunk driving defense lawyers, my colleagues and I have worked for many years helping motorists who have been charged with DWI- and DUI-related offenses. We understand how a single indiscretion can lead to an expensive, inconvenient, embarrassing and often life-changing drunken driving conviction. In fact, numerous personal and professional relationships have been damaged or outright ruined as the result of a conviction for operating a motor vehicle while impaired by alcohol, doctor-prescribed medicines, or even an illicit (read: a controlled dangerous substance [CDS]) drug like marijuana or cocaine.

Having worked in this field for many years, both as a defense lawyer and as a municipal prosecuting attorney, I have a deep understanding of the strategies and tactics that the attorneys for the state employ to secure a conviction. My goal, and that of my legal team, is to provide the best possible defense for those individuals who believe that they have been falsely accused of drunken driving, drug DUI or breath test refusal. Whatever the cause of the DWI-DUI charges, a qualified DWI defense lawyer must consider all the facts in order to help his or her client achieve a just outcome.
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February 5, 2013

No Injuries Reported After Allegedly Drunken Motorist Crashes Through Police Line at Holiday Event

by Jonathan F. Marshall

Making a spectacle of oneself is a habit best left behind in high school or college; as adults we all have better things to do, or certainly a greater responsibility to ourselves and our families. Yet, as human beings, sometimes there is a tendency to over indulge, especially during the holidays. This applies to those who imbibe a little more than they should, and then fail to realize the extent to which they are impaired by alcoholic beverages. That said, it should not come as a surprise that more than one Garden State motorist has hit the road without considering that he or she may be legally drunk.

Being stopped by a state police officer or a local patrolman is no doubt a stressful event. Even the most sober individual might have a hard time maintaining his composure in the face of authority and with the finger of guilt sternly pointing out one’s error on the road. In such instances, would it be unreasonable that a motorist could actually come across as acting a little bit unnatural or, dare we say it, impaired due to the stressful situation in which she finds himself.

Nerves aside, it is a foregone conclusion that a driver who is intoxicated by alcohol or impaired by prescription or even illegal drugs will likely appear to a police officer to exhibit some behavioral changes. It is at this point during a routine traffic stop that many people are asked to preform one or more of the standardized field sobriety tests. Drunk or not, who among us would not feel self-conscious on having our every action and movement observed?
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February 3, 2013

Facing a Judge Following a DWI Arrest. What New Jersey Motorists May Expect

by Jonathan F. Marshall

Most people already understand that being arrested for drunk driving here in the Garden State is hardly a walk in the park. Besides the legal issues, just the mere fact that one has been picked up for drinking and driving can cause problems professionally, as well as personally. Once all the embarrassment has passed, then there’s the worry about penalties if one is convicted of DWI or drug DUI.

As DWI defense attorneys, the legal experts at the law offices of Jonathan F. Marshall understand the pitfalls of self-representation when a drunken driving charge is looming. At the very least, it’s wise to consult with an experienced trial lawyer who knows the ins and outs of New Jersey’s DWI law. Considering the potentially expensive and long-lasting effects of a drunken driving conviction, retaining a qualified legal professional to represent you can be a good way to fight a DWI-DUI charge from the get-go.

Seriously, one should always consider the possible downside to losing a drunk driving case. Most anyone who has been accused of drunk driving knows what’s at stake. If found guilty, a defendant can be looking at a wide range of penalties — anywhere from $250 to $1,000 in monetary fines and even possible incarceration (which can range from “just” two days in jail all the way up to six months). Of course, when it comes to a DWI charge, the main factor in determining sentencing is whether or not the offense was a first-, second-, or third-time offense (for anyone who may be wondering, we have seen individuals who have exceeded three DWI offenses in their lifetime).
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January 31, 2013

Morris County Car Crash Results in Drunken Driving Charges for Newark, NJ, Driver

by Jonathan F. Marshall

First, some basics: A charge of impaired driving due to alcohol consumption here in the Garden State is based on New Jersey drunken driving laws as reflected in N.J.S. 39: 4-50. Known generally as “drunk driving,” this is referred to variously as driving under the influence (DUI) or driving while intoxicated (DWI), and involves operating a motor vehicle while impaired or intoxicated by beer, wine, hard liquor or another type of alcoholic beverage.

As New Jersey drunken driving defense attorneys, I and my legal staff have dozens of years of collective experience representing motorists accused of DWI, DUI, drug DUI and breath test refusal, among other traffic-related violations. As motor vehicle violations go, whether here in New Jersey or any number of other states across the nation, DWI is considered one of the more serious violations with which a motorist can be charged.

Here in Jersey, the fines and penalties associated with a drunken driving conviction can be quite stiff, financially, and in some cases the mere accusation of drinking and driving (much less and actual conviction) can cause serious complications to relationships within one’s social and business circles.
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January 29, 2013

Ocean County Car Crash at Gas Station Leads to Drunk Driving Arrest by Toms River Police

by Jonathan F. Marshall

If we’ve mentioned it once, we’ve likely said many dozens of times: a driver only complicates matters involved with a drunken driving charge if there is a traffic accident associated with said DWI. Regardless of whether on lives in Passaic, Essex, Bergen or Ocean County, the police and the courts are hardly impressed by a motorist who was allegedly impaired by alcohol (DWI) or drugs (DUI) when he or she was involved in a car, truck or motorcycle wreck.

At the very least, and hopefully for all involved, there were no injuries or fatalities, but there is almost always some kind of property damage with any roadway collision, be it a single-vehicle crash or a multi-car accident. Adding drinking and driving to the litany of potential charges is just icing on the cake, so to speak, for the local prosecutor. Accidents can and do happen, but if the police find evidence of alcohol or drug use by the motorist allegedly responsible for the wreck, a DWI-DUI defense can get a bit more complicated.

Despite admonitions from various parties and safety experts, people continue to get behind the wheel in some state of intoxication. Whether one is legally drunk at the time of a traffic stop or following an automobile accident likely will make a difference in the final outcome of a drunken driving case, but having any amount of alcohol or drugs in one’s bloodstream following a traffic incident can be enough for police to issue a DWI or drug DUI summons.
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January 26, 2013

Jersey Residents Arrested for Drunk Driving, DUI and Marijuana Possession in Morris and Union Counties

by Jonathan F. Marshall

For anyone who has never been charged with drunk driving there are many aspects of a DWI arrest that can be surprising and even shocking for “first-timers.” As New Jersey drunken driving defense lawyers, I and my colleagues understand the fear and concern that goes along with a first-time DWI or drug DUI arrest. In fact, even before a driver is pulled over for a traffic violation, it is very possible that the officer in charge was already making mental notes about a motorist’s driving behavior.

This is important to realize, since some individuals who are accused of operating a motor vehicle while under the influence of beer, wine or hard liquor may not consider all the possible evidence they may be faced with during their drunken driving hearing. Getting together with a qualified DWI defense attorney is critical when attempting to assess one’s options going into a DWI or drug DUI trial.

Not only will an officer be asked by the prosecuting attorney regarding a driver’s vehicle operation before the traffic stop, but any information that a motorist offers up or provides during a roadside interview will likely be used as evidence when pursuing a guilty verdict in the courtroom. What many drivers don’t realize is even those “minor” or inconsequential comments that one makes during a police stop can be used by the prosecution to make its case against a defendant.
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January 22, 2013

Sussex County Drunk Driving News: Out-of-State Driver Arrested in Sparta Twp for DWI Accident

by Jonathan F. Marshall

Following any arrest associated with driving under the influence, it is never a bad idea to contact a qualified legal professional to understand your particular case and to better know your rights under the law. Particularly if one is charged with DWI, drug DUI, impaired driving of any kind, breath test refusal, and any other related moving violations, it would be wise to retain an experienced drunken driving defense lawyer.

We mention this because there is a percentage of the driving population that never calls an attorney after receiving a summons for driving while intoxicated. Why? It’s hard to say, since every person’s situation is different. But what one must ask themselves in such instances is, “Would I be better off without legal representation when facing serious charges of DWI or DUI?”

Frankly, if a motorist who is slapped with a DWI charge chooses not to retain counsel, there is a rather high likelihood that he or she might find themselves on the receiving end of a guilty verdict from a local or county court. Few people realize that it is not uncommon for a driver accused of DWI to still be convicted of drunken driving even though his blood-alcohol content (BAC) was recorded at below the legal limit (0.08 percent). The ace-in-the-hole for the state can often be what lawyers refer to as observed intoxication.
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