DWI Stops

January 16, 2013

U.S. Senator Rand Paul’s Son Charged with Underage Drinking on Airliner; US Airways Denies Involvement

Sure, we were all young once… and who of us didn’t make at least one questionable decision in their early years? Kids are kids, for Pete’s sake; and if you’re going to make a misstep sometime in your life, childhood or thereabouts is probably the best time to do it, right? Most childhood antics can get a kid in trouble, but buying or pilfering alcohol and then drinking it as a minor, well, that tends to get mom and dad’s attention… really fast!

All kidding aside, having one’s minor child arrested for underage drinking, or worse, underage DWI is a serious issue that needs immediate attention, preferably with the assistance of an experienced and knowledgeable drunk driving defense attorney with proficiency in the area of handling underage drinking and alcohol possession cases. As a former municipal prosecutor, I have had the opportunity to work both sides of the aisle when it comes to DWI and drug DUI trial law.

Understanding that a teenager or minor child who is charged with underage drinking, and especially DWI, is nothing to fool around with is the first step to dealing with the incident. We all know that kids get into trouble from time to time; but parents who want the best for their children know intrinsically that a youngster who is caught with alcohol or who has been arrested for operating a motor vehicle while under the influence is complicating his adult life usually with little or no knowledge of the future consequences.
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January 13, 2013

Choosing a New Jersey DWI-DUI Attorney is Critical When Your Future is On the Line

by Jonathan F. Marshall

Finding an attorney one can trust to fight a charge of drunken driving can be more than somewhat of a concern, especially since most motorists are not predisposed to retaining a DWI-DUI defense lawyer “just in case.” This isn’t to say that any choice should be made in haste when, one day, a person finds themselves holding a summons for driving while intoxicated. While time is of the essence once a DWI charge has been levied, the choice of attorney can have a major impact on the course and possible results of one’s drunk driving case.

As experienced New Jersey DWI and drug DUI defense lawyers, we know that there are a wide variety of legal advocates available these days to assist motorists with any number of traffic violations, from speeding and other lesser infractions to driving under the influence of alcohol or prescription drugs and breath test refusal charges (not to mention instances where individuals have been accused of impairment due to marijuana use, or possession of weed in a motor vehicle). Any one of these may require an experienced professional, but a drunken driving charge, with all of its potentially serious implications, is not something on which one should gamble his or her future.

As skilled trial lawyers, I and my colleagues are well aware that it is next to impossible for most individuals who have been accused of DWI to become experts in the field of drunk driving law virtually overnight. However, it is still important that anyone charged with a violation as significant as a DUI to study up on who they will choose to represent them in a court of law. We know there are a lot of choices out there, but we also know our track record when it comes to representing drivers accused of operating a motor vehicle while under the influence of drugs or alcohol.
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January 9, 2013

Jersey Drunk Driving Update: State Patrol Officer Fired After Allegedly Faking Dozens of DWI Cases

by Jonathan F. Marshall

No one is perfect, though we all hope that certain professionals are as close to representing a particular ideal as is humanly possible. That said, we would never suggest that the actions of any one individual would necessarily represent the thoughts, actions or mindset of an entire group of people or a particular organization. However, it is instructive from time to time to understand that certain behaviors do exist, even in those within organizations dedicated to maintaining the public good or the personal safety of American citizens.

As New Jersey DWI-DUI defense lawyers, my firm constantly works in the interests of its clients, many of whom have been accused of committing any number of traffic-related violations, not the least of which is driving while intoxicated. The mere suggestion that a law enforcement officer may have been predisposed to arresting a motorist for driving under the influence even before stopping that driver and interviewing him face-to-face would make most police officials cry foul. But, as human beings are not always perfect, one can only reason that in the history of traffic-related arrests, a certain percentage of cases, however small, may have been motivated more by a hunch than by any specific fact.

We bring this up if only because of a recent news item that may get some people thinking about the supposed motivations of some individuals in law enforcement. Again, we are not suggesting that any one officer in any particular police department is following the same course as the subject of this latest news story, but only that the possibility exists. As experienced trial lawyers and drunk driving defense attorneys, our only suggestion to those accused of DWI or drug DUI, make a point to consult with a qualified legal professional experienced in New Jersey drunk driving law BEFORE you walk into a courtroom to plead your DWI case.
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January 4, 2013

Princeton Twp. Committeeman Receives License Suspension after DWI Accident in Mercer County, NJ

by Jonathan F. Marshall

As attorneys dedicated to representing individuals accused of operating a motor vehicle under the influence, I and my staff of experienced DWI defense lawyers have known more than a few drivers who have avoided a conviction for drunken driving here in the Garden State. While most arrests for DWI or drug DUI — including those for impaired driving due to prescription drugs and illicit substances like cocaine and cannabis — result in a conviction leading to heavy penalties, there are other instances where the prosecution does not have sufficient evidence to obtain a guilty verdict.

And, while we know that not every DWI or DUI summons is warranted or deserved, we also are concerned when civil servants occasionally break the very laws that they are sworn to uphold. Whether it is avoiding a drunk driving charge altogether or side-stepping stiff fines and other penalties for driving while intoxicated, the average person hardly has the option of avoiding a DWI hearing and many times feels he must navigate our legal system in the absence of legal representation. (We will say right here that it is in most everyone’s best interest to, at the very least, consult with a qualified DWI attorney following an arrest for being drunk behind the wheel.)

From time to time, we see justice being served on local politicians and government officials who have been found guilty of breaking the laws of New Jersey and local communities. Just as the average citizen must face their accusers, local officials, patrolmen and other officers of the court should stand trial for their misdeeds, take responsibility for their actions and accept any consequences should they be found guilty.
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January 2, 2013

Could Cash Incentives for Reporting Garden State DWIs Help NJ Police with Drunken Driving Enforcement?

by Jonathan F. Marshall

Most New Jersey drivers already know that state and federal law enforcement and traffic safety groups spends a great deal on anti-drunken driving education and enforcement, especially around the holidays. We can see it constantly; the increased DWI-DUI patrols on our highways and surface streets, more frequent drunk driving roadblocks and sobriety checkpoints…never mind the numerous radio and TV public service announcements aimed at making potential drunken drivers aware of the risks of operating a motor vehicle while intoxicated by beer, wine or hard liquor. The word is out: New Jersey is hardly tolerant when it comes to DWI, or even drug DUI (prescription or illegal substances like marijuana).

Whether one is arrested for driving under the influence here in Monmouth County, Passaic, Ocean or Sussex County, the results of a drunk driving conviction can be expensive, inconvenient and even embarrassing. But what if every citizen was encouraged (monetarily) to report fellow drivers that they suspected of driving drunk, or likewise impaired by some kind of prescription medication? It’s happened already, according to news reports, down in the Sunshine State.

Based on a recent article, reporting an allegedly impaired motorist down in Palm Beach County, FL, will apparently yield the caller $100. The program known as “Mobiles Eyes,” which has been in effect for the past decade, was created to get the driving public involved in looking out and reporting potentially drunk drivers. In return, according to news articles, the caller receives payment if that particular motorist is arrested for driving while intoxicated.
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December 27, 2012

NJ DWI Defense Update: Chronic Drunken Driving Can Lead to Drunk Driving Arrests

by Jonathan F. Marshall

There’s little defense for poor decisions made in haste. Whether that applies to being pulled over for a minor traffic infraction, leading to a DWI or drug DUI summons; or if its making the wrong choices heading into a court hearing on a charge of driving while intoxicated, a poor decision in either instance can lead to license suspension, steep fines and penalties and even the loss of one’s job or standing in the community.

Regardless of the circumstances, never assume that a qualified DWI defense attorney is not worth talking to, at the very least to more completely understand your rights as well as the possible outcomes of a DWI or DUI case. As a defendant, knowledge is power. An experienced drunken driving lawyer has the skills and knowledge it takes to negotiate legally in a courtroom setting.

The loss of one’s driving privileges is nothing to ignore, especially if you absolutely need a car to get to work or school. The loss of mobility can not only be a burden on family and friends, who may be asked to help get a convicted drunk driver here and there, but it can affect one’s ability to find a job or even to hold on to one. Before walking into a courtroom unprepared for the consequences, consider a consultation with a qualified legal professional well versed in drunk driving law.
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December 23, 2012

New Jersey DWI Police Blotter: Multiple Drunk Driving-related Arrests in Ocean, Hunterdon, Morris Counties

by Jonathan F. Marshall

Make no mistake, at this time of year there are many New Jersey motorists who get picked up for drunken driving day after day as the holiday season progresses through to the New Year. It matters little if someone is an upstanding person in his or her neighborhood or well-respected individual in the local business community, being arrested for DWI or drug DUI can and does happen; the results of which can be costly and embarrassing.

It’s no laughing matter when a driver is pulled over after having a few drinks. While the initial traffic stop must be for a moving violation, exhibiting any outward signs of possible intoxication will likely pique an officer’s interest to the point that a field sobriety test will be requested. I f failed, the patrolman may decide to arrest the driver and take him or her in to have a breathalyzer test performed (via Alcotest or other such device), which could possibly lead to a charge of drinking and driving.

We see this kind of scenario play out week after week all across the Garden State. Consider the following bits and pieces culled from local news sources:

Ocean County DUI Arrest
A simple wrong turn resulted in a couple charges of operating a motor vehicle while under the influence of a controlled dangerous substance (CDS), as well as drug DUI and possession of drug paraphernalia. According to the news report, Stafford Township police officers responded to an anonymous report after the unnamed caller reportedly saw a passenger car being driven in a reckless fashion along a stretch of Rte 9.
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December 18, 2012

New Jersey Receiving Millions in Anti-Drunk Driving Grants for DWI Enforcement across the Garden State

by Jonathan F. Marshall

For anyone who wonders if the nation’s financial woes have impact enforcement of drunken driving laws here in the Garden State, the short answer is likely, No, at least in the near term. As New Jersey DWI defense attorneys, I and my legal staff talk to dozens of individuals every month who have been accused of driving while intoxicated. Although many of these people believe they are not guilty, some may be convicted of DWI or drug DUI and others may not. Whatever the circumstances surrounding a drunken driving arrest, it’s always a good idea to get some perspective from a qualified defense attorney.

Getting back to the issue of DWI-DUI enforcement, such as roadside sobriety checkpoints and roadblocks, as well as enhanced drunk driving patrols, recent news articles show that the funding of state and municipal police agencies continues apace regardless of talk swirling around Washington, D.C, to limit costly appropriations and government-funded programs.

Regardless of whether one is arrested in the city streets of Trenton, Toms River or Princeton, odds are that some motorists will be picked up by a police officer whose overtime is paid for by federal money received by New Jersey law enforcement agencies. The question that many people may be asking themselves is whether these expenditures are worth even a significant increase in drunken driving arrests and DWI or drug DUI summonses.
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December 10, 2012

The Joyous Holiday Season Can See More DWI Patrols, Frequent Drunk Driving Arrests for NJ Residents

by Jonathan F. Marshall

Throw another Yule log on the fire and pour a bit more holiday cheer, but be very careful not to celebrate and drive all in the same timeframe. Here in the Garden State, like many areas around the country at this time of the year, the period from Thanksgiving through New Years’ Eve can see increases in police anti-drunken driving patrols, as well as roadside sobriety checkpoints
We all know the dangers of drunk driving, driving while intoxicated and operating a motor vehicle while impaired by doctor-prescribed medications, so let’s just say that staying sober on the road this holiday season is the best defense against a DWI arrest or a drug DUI summons. As New Jersey drunken driving defense attorneys, it’s our experience that helps people accused of driving under the influence of beer, wine, hard liquor and even illegal substances, such as cocaine and marijuana. New Jersey drivers themselves can do themselves a big favor by finding a sober ride home if they’ve had too much to drink at a family get-together, holiday open house or seasonal office party.

As many people already know, state police and municipal law enforcement departments are constantly on the alert for drivers who break the law by drinking and driving. And while a DWI arrest rarely begins with an officer assuming a driver is drunk behind the wheel of his or her automobile, the results of many holiday traffic violations can end up with a motorist being arrested and charged with DWI or DUI, not to mention other moving violations. We won’t even mention those arrests that come after a roadway collision that may or may not have been the result of driving drunk.
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December 4, 2012

New Jersey Woman Accused of DWI, Endangering 5-Year-Old While Driving Drunk Out-of-State

by Jonathan F. Marshall

There are a myriad of things one shouldn’t do when driving, but operating a motor vehicle while impaired by prescription drugs, beer, wine or hard liquor is definitely at the top of that list. As New Jersey drunken driving defense attorneys, the DWI lawyers at my firm know all too well that drivers who drink alcohol, or even take doctor-prescribed medication, run a serious risk when getting behind the wheel while intoxicated. Aside from the extreme physical dangers, the odds of being arrested for DWI or drug DUI increase with the frequency of driving under the influence.

Of course, the law prohibits a highway patrolman or municipal police officer from stopping a motorist solely on a hunch that the subject is drunk behind the wheel of his or her automobile. Here in the Garden State, a state police officer or city cop must witness a moving violation in order to pull a driver over. What this means is that although a motorist may be intoxicated while driving, until that driver makes an illegal turn, runs a stop sign, exceeds the posted speed limit, or breaks any one of the dozens of other moving violations, a policeman cannot simply stop a car because he thinks that the driver is drunk.

But no one should in any way construe that operating a car, truck or other vehicle while impaired is okay so long as one isn’t caught. As we alluded to previously, there are serious and irreversible consequences to drunk driving, not the least of which is the very great risk of getting into a bad accident. In fact, this is one of the reasons why New Jersey drunken driving laws include harsh penalties for those convicted of DWI and drug DUI.
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