DWI Stops

November 28, 2012

North Plainfield, NJ, Driver Survives DWI Car Accident on Interstate, Arrested for Reckless Driving

While many people who are involved in automobile accidents may receive a modicum of sympathy from friend and relatives, if they caused the traffic accident, the police may not be as sympathetic. If other injuries were inflicted on the vehicle’s other passengers or people in other cars involved in the wreck, it’s reasonable to assume that any sympathetic capital will have been used up well in advance of a court hearing, depending on the circumstances.

As New Jersey drunken driving defense attorneys, I and my experienced staff of DWI lawyers know that mixing an injury accident with a charge of driving while intoxicated (or, for that matter, drug DUI) can complicate a drunk driving defense. Here in the Garden State, law enforcement and our court system are very aware of the consequences that drinking and driving can have on traffic safety. Flouting the law and actively operating a motor vehicle while under the influence of beer, wine or hard liquor can only serve to make a defense case more difficult.

Keeping in mind, of course, that any charge of DWI or DUI lodged against a motorist who may have been the cause of an injury-related DWI roadway collision should be followed by at least one consultation with a qualified legal expert, if only to understand one’s options going forward. We have heard too many stories of individuals who believed that they were in the right and therefore handling their own defense was hardly a concern. As a former municipal prosecutor, I understand the many and varied strategies followed by prosecuting attorneys around the state, which can help contribute to a good defense.
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November 23, 2012

Union and Ocean County Police Blotters: Drunk Driving Arrests for Many New Jersey Motorists

by Jonathan F. Marshall

It’s happened to more than one New Jersey driver in the past week: cruising down the road after a luncheon with business associates, coming home from a good friend’s bachelor party, or even going to the supermarket to pick up some groceries. These all sound normal enough, and they are, but for one added element: being stopped by a police officer for some minor traffic infraction. Whether it was a turn without signaling, a rolling stop in a quiet neighborhood or maybe just a burned-out taillamp, either way, one could be looking at a pricey ticket for one or more traffic violations, unless….

Unless the driver in question appears to the patrolman to exhibit some of the “typical” signs of being drunk behind the wheel. If a driver has had a drink or two previous to the traffic stop, then that individual could have trouble down the road, since many police officers are extremely suspicious of driver who exhibit signs of being intoxicated. As New Jersey DWI defense lawyers, I and my legal staff are committed to representing individuals who have been accused of driving under the influence of alcohol, prescription drugs and even controlled dangerous substances (CDSs), also known as drug DUI.

We’ll say right now that if you or anyone you know ever thinks you may have had too much to drink, save yourself the trouble of possibly being stopped on the road by a New Jersey state patrol officer or a municipal officer and risk being charged with DWI or DUI.

Recently, we saw a number of DWI and related arrested mentioned in several so-called police blotter columns in the news. These incidents, which occurred in Ocean and Union counties, provided a smattering of the typical kinds of drunken driving arrests that happen on a daily basis all across the state. As drunken driving attorneys, we know how easily a motorist can be tagged by a police officer for what may seem like a minor infraction only to be slapped with a drunk driving charge, maybe even more. Consider the following as object lessons in what not to do, and what to expect should you decide to take a chance with the law.
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November 21, 2012

Somerset County, NJ, DWI News: Out-of-State Driver Charged Following Drunk Driving Injury Accident

by Jonathan F. Marshall

On too many occasions, individuals accused of drunken driving walk into a courtroom with no representation and very little preparation, apparently ready to accept the court’s judgment on something that could haunt them for years to come. Here in the Garden State, it is always a good idea to seek counsel from an experienced legal professional regarding a DWI or drug DUI summons. If winning one’s case was not enough impetus for some, perhaps avoiding hundreds and likely thousands of dollars in fines, fees, assessment and other costs related to a drunk driving conviction should help influence many people’s decision.

At the very least, even if someone is not disposed to retaining the services of a qualified attorney, there is much one can learn from an initial consultation, which in the end may point an individual in the right direction. We know this from our professional experience as New Jersey DWI-DUI defense lawyers. As a former municipal prosecutor myself, I understand the strategies used by prosecuting attorneys that are tailored to attain a guilty plea or gain a guilty judgment against a defendant in a DWI case.

Although receiving a summons for drunk driving following a routine traffic stop should never be taken lightly by drivers in the Garden State, there are worse alcohol-related scenarios that can result in much worse outcomes for one accused of DWI. More to the point, being concerned about an arrest that takes place at a typical sobriety checkpoint is natural; however, consider how much more serious one’s position should an arrest follow the aftermath of an injury-related traffic accident that may have been alcohol-related.
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November 18, 2012

Drunk on New Jersey Roads with Children Onboard Could Lead to Severe Consequences

by Jonathan F. Marshall

There is little that can worry a driver more than being stopped by a city or township police officer or state police trooper after having had a couple drinks prior. The fear of getting a ticket for operating a motor vehicle while intoxicated by liquor, beer or wine, and even prescription medication can be overwhelming to some. Having to stand up in front of a municipal or county judge to answer for a DWI charge can be humiliating, to say the least. Never mind the financial and social cost.

And this is when nothing else bad has occurred to cause the traffic stop. As New Jersey drunken driving defense attorneys, I and my staff of qualified DWI lawyers know that being arrested for drunk driving or receiving a DUI summons is no picnic especially if the arrest coincided with a traffic accident, injury to another driver or passenger, or worst of all, an untimely death. The fact is, neither the police nor New Jersey’s court system is even mildly sympathetic to individuals who drive while intoxicated by alcohol or impaired by doctor-prescribed medication.

With hundreds of drunk driving cases passing through New Jersey courts every month, it’s no surprise that many of those will have involved a collision or some other more serious offense. Because of the seriousness of some drunken driving incidents, many states have laws on the books that penalize drivers for committing DWI-related offenses under a variety of circumstances, not the least of which is driving drunk with a minor riding inside the car with that person.
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November 13, 2012

New Jersey Drunk Driving News: Motorist Arrested for DWI after High-Speed Crash in Passaic County

by Jonathan F. Marshall

It’s one thing to be hit with a DWI summons when one may not realize he or she was drunk at the time of the arrest, but to actively break the law while potentially impaired by alcohol or prescription drugs (drug DUI) is like waving a red flag in front of a bull. Most New Jersey police are already primed to pull over drivers who exhibit telltale signs of impairment. And while the law states that a patrolman cannot legally stop a vehicle simply on the hunch or intuition that the driver is intoxicated, officers have an eye for even the most minor of traffic infractions.

Once a police officer observes a chargeable traffic offense being committed by a motorist, the odds of being pulled over jump significantly. As soon as the officer is at the driver’s side of the vehicle on the roadside, all bets are off, as any signs of impairment can cause the patrolman to investigate further. Being asked to exit one’s vehicle and perform various standardized field sobriety tests can lead to an arrest if the officer in charge believes the driver to drunk. All that remains is a trip to police headquarters and a breathalyzer test to determine blood-alcohol content (BAC).

As New Jersey DWI defense attorneys, I and my colleagues have decades of experience in the area of DWI and DUI law. Before stepping foot in a courtroom, or talking with anyone from the local prosecutors office, one should seriously consider talking with a qualified drunken driving defense lawyer. It may sound so basic, but many people feel that they can explain themselves to the judge. While there may be some advantage to representing oneself in court, it’s a DWI attorney’s job to understand the law, know the local procedures for DWI cases and protect the defendant’s rights.
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November 2, 2012

Garden State Drunk Driving Arrest Update: With the Thanksgiving Holiday Coming, Anti-DWI Enforcement is Imminent

by Jonathan F. Marshall

It’s fair to say that during portions of the calendar year there are more than an average number of DWI, drug DUI and other alcohol-related driver arrests that occur, especially when the holidays are concerned. Just as the various annual “Over the Limit, Under Arrest” anti-drunken driving campaigns net state and municipal enforcement agencies with a good number of drunk driving summonses, it doesn’t take long for motorists to be caught operating under the influence as the winter holidays approach.

Labor Day and Memorial Day certainly bring out a large number of drunk driving patrols across the Garden State, including the ubiquitous DWI roadblocks (or drunken driving checkpoints) that pop up every weekend to catch unsuspecting drivers who may have had a glass of wine or bottle of beer with friends. Federal funding of these efforts is one major way in which these large-scale drunk driving efforts manage to keep local patrolmen and state police troopers on the lookout for potential drunk drivers.

So, with Thanksgiving a few weeks away, and the Christmas and New Year’s holidays not long after that, it’s important to remind everyone to be especially careful when celebrating this coming holiday season. Whether one live or works in Sussex, Passaic, Monmouth or Ocean County, you have no doubt noticed an increased police presence during holiday weekends. New Jersey expressways, tollways and surface streets can be the scene of many a routine traffic stop-turned-DWI arrest.
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October 29, 2012

New Jersey Assemblyman Alleges Washington Twp. Police Officer of Abused Authority in DWI Arrest

by Jonathan F. Marshall

Having represented hundreds of motorists throughout the Garden State who have been accused of driving under the influence of alcohol or prescription drugs (drug DUI), my firm understands that not every driver arrested for drunk driving is convicted for same. As New Jersey DWI defense attorneys, we know that it takes certain evidence and testimony to result in a drunken driving conviction. This is why we always recommend that anyone who is arrested for or issued a summons regarding driving while intoxicated should, at the very least, consult with a qualified DUI lawyer prior to stepping into a court of law.

On numerous occasions, we have explained how police, prosecutors and other state officials must be held to the same or better standard when it comes to the laws and statutes of our state. And as news reports show, there are more than a few instances every year where a patrolman, police official, jurist or other officer of the court is arrested for violating one of the numerous laws he or she is sworn to uphold. Being treated differently than the average citizen in cases involving drunk driving or other serious traffic offenses is a luxury nobody should have over the general population.

With the stiff fines and other punitive measures associated with a DWI or drug DUI conviction, every person found guilty should face the same penalties regardless of social rank or government office. Understanding as we do the difficult circumstances to which a convicted drunken driving defendant will be subject is reason enough to call for equal treatment under the law, as well as equal protection.
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October 26, 2012

Ignition Interlock Devices Becoming a Common Requirement for New Jersey Motorists Convicted of DWI

by Jonathan F. Marshall

As we’ve stated previously, those who follow the news, here in New Jersey, know that drunk driving arrests are pretty much a part of the automotive landscape. Considering the various scenarios that can result in a motorist being arrested, charged and tried for operating their car or truck while under the influence of alcohol or doctor-prescribed medication (drug DUI), we as DWI defense lawyers understand how seemingly law-abiding citizens can find themselves in a courtroom trying to explain how they never realized they were drunk in the first place. It’s not an easy road.

For every driver who is stopped for an apparently minor traffic violation there is always the chance that he or she may be served with a summons for drunken driving. These encounters with state and local police are just a precursor to that inevitable appearance before a municipal or county judge. To expect leniency is piling hope upon hope, which rarely works in the real world of DWI law. If nothing else, the years of anti-DWI messages and physical enforcement should tell anyone accused of driving while intoxicated that the police and the courts hold a very dim view of individual whom they believe are DWI offenders.

Whether one is charged with impairment based on consuming alcohol, prescription drugs or even illegal substances such as cocaine, meth or marijuana, the course should be clear; walking into a courtroom unprepared is not a strategy for success. At the very minimum, one should consult with a qualified DWI/DUI defense attorney to better understand the situation and options going forward.
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October 22, 2012

Hunterdon, Bergen and Ocean County Drunken Driving Arrests Illustrate the Variety of DWI Arrests

by Jonathan F. Marshall

Being stopped for drunken driving is not something that most individuals imagine will happen to them, but every week across the Garden State dozens of motorists find themselves in the unenviable position of being written up for DWI or drug DUI. As New Jersey drunk driving defense lawyers, I and my colleagues are well aware of the potential humiliation and negative career impact that a drunken driving arrest entails, and this doesn’t even address the punitive monetary fines and surcharges that come following a DWI/DUI conviction.

For those who have already been stopped and issued a summons for driving while impaired by beer, wine, hard liquor or prescription medication, you know that the police and our court system are not very sympathetic to drivers who appear to be intoxicated behind the wheel. Being charged with DWI, or drug DUI, especially when found to be under the influence of controlled dangerous substances (CDS), is not something one should consider fighting alone. At the very least, it is advisable to consult with a qualified legal professional about the details of your case before stepping into a courtroom.

Being charged with operating a motor vehicle while under the influence of alcohol, prescription drugs or even marijuana or cocaine, is serious enough to merit careful steps going forward. While no DWI arrest is quite the same as the next, the results can be very similar; from fines and court fees totaling hundreds of dollars, to thousands of dollars in auto insurance policy surcharges over the course of several years, pleading guilty or being found guilty of drunken driving is just the beginning of a long road.
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October 15, 2012

New Jersey DWI Police Blotter: Multiple DWI Arrests in Burlington and Hunterdon Counties

by Jonathan F. Marshall

Not all is sweetness and light here in the Garden State, at least as far as those who are regularly arrested and charged with driving while intoxicated on our city streets and rural roadways. Although numerous motorists go about their routines in relative bliss, not knowing if a police officer may be observing their every move, others who may have had a drink at lunch or a beer after work with coworkers can be in for a rude surprise if they make even the most innocuous traffic violation.

As New Jersey drunken driving defense lawyers, I and my staff of experienced DWI attorneys understand what those accused of DWI or drug DUI can be up against in the courtroom. As a former municipal prosecutor myself, I know the tactics and strategies that can be used against a defendant who has received a summons for driving under the influence of alcohol or arrested for driving while impaired due to doctor-prescribed medication.

Fortunately, for many people, being pulled over for some kind of traffic infraction does not always lead to an arrest, but for others a simple mistake — such as failure to yield, improper turn or lack of signaling a lane change — can each result in being stopped by a state police officer or municipal patrolman. Whatever the initial cause, a DWI arrest can be financially shocking and/or a social embarrassment; never mind the negative a conviction can have on one’s personal relationships or job prospects down the road.
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