DWI Stops

October 12, 2012

Professional Drivers Have Much to Lose When Charged with Drunken Driving or DUI

Here in the Garden State the law defines impairment while operating a motor vehicle as having a blood-alcohol concentration (BAC) of 0.08 percent or more, though many a motorist has been arrested and charged with drunken driving while having a lower BAC. As legal defense lawyers, our role is to represent those individuals who have been accused of driving under the influence of alcohol or prescription drugs, also known as drug DUI. While not every person is found innocent of charges, it is our right as citizens to have our day in court and face our accusers.

When it comes to establishing hard evidence that a motorist is guilty of drunken driving, state and local police lean heavily on the results provided by devices such as the Alcotest and other breathalyzer-type machines. These devices take a sample of a suspect’s exhaled breath and make a chemical analysis of the molecules contained in that sample. Consuming even a small amount of beer, wine or hard liquor is known to dull an individual’s senses and can decrease driver reaction time behind the wheel. A breathalyzer test, or occasionally an actual blood test, are ways in which police can measure how much alcohol is circulating in a person’s bloodstream.

It goes without saying that anyone who wishes to avoid a DWI charge and possible conviction should never, under any circumstances have a drink before getting behind the wheel of a car, truck or other motor vehicle. If Murphy’s Law has anything to say about it, a driver who imbibes just a little will likely run afoul of the police sooner or later and end up facing a judge while trying to defend himself against charges of operating a motor vehicle while under the influence of alcohol. A qualified DWI attorney can be helpful during this process.
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October 9, 2012

Former Pro Boxer Charged with DWI, Reckless Driving Following Motorcycle Crash in Lacey, NJ

by Jonathan F. Marshall

Drunk driving is an equal opportunity offense here in the Garden State. So long as you own a car, or have the opportunity to drive one regardless of whether it is your own vehicle, an individual has one of the major elements of a drunken driving arrest. The other part would be the actual imbibing of an alcoholic beverage (or in the case of a drug DUI, taking of prescription medication or ingesting an illegal controlled dangerous substance (CDS), such as meth, weed or coke).

As New Jersey drunk driving defense attorneys, I and my staff of experienced civil and criminal defense lawyers understand the impact that a DWI or DUI conviction can have on a person. It goes without saying that more than one career, personal relationship or otherwise unblemished reputation has been ruined by a single charge of driving under the influence of alcohol of doctor-prescribed medicine, much less an actual conviction. Aside from steep monetary fines, penalties and surcharges, loss of driving privileges and occasionally jail time can be attached to a conviction for driving while intoxicated.

Although most typical motorists are not in the public eye, those individuals who are have a much higher profile and can suffer even more from the public humiliation of being arrested for a DWI incident. Whether convicted or not, these people may feel their reputations tarnished and public persona diminished to some degree. Whatever the cause of a traffic stop, if a person has been drinking the police may decide to arrest him or her, no matter how well known or loved by the public.
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October 6, 2012

One More Reason How a New Jersey Drunk Driving Conviction Can Complicate One’s Life

by Jonathan F. Marshall

Anyone who follows the local news in the Garden State is not a stranger to the literally dozens of DWI arrests that occur every week across the state. As defense attorneys who specialize in drunken driving and drug DUI cases, we know how an otherwise law-abiding citizen can be caught up in a DWI following a night out with friends or after a romantic evening at a nice restaurant. Nobody expects, or welcomes, a drunk driving summons, much less a night spent in a county or municipal jail, but unfortunately it happens all the time.

If one considers the many and varied scenarios that can ultimately lead to a court appearance for driving while intoxicated, there is always a chance that a drive may be pulled over for violating even the most minor traffic law and then find himself being tested for blood-alcohol content (BAC) or drug use. If decades anti-drunken driving campaigns have taught us anything, it is that the courts, law enforcement and the public at large have next to no tolerance for any driver who operates his or her vehicle while impaired due to alcohol, prescription drugs or illegal substances like marijuana and cocaine.

Under current state law, a person convicted of their first drunk driving offense MAY be required by the court to have an ignition interlock device (IID) installed on their vehicle in order to prevent a driver from starting his or her car if their BAC is over 0.05 percent. However, if that first DWI conviction was based on a proven BAC of 0.15 percent or more, then the law mandates installation of an IID during the period of license suspension as well as 6-12 months following restoration of their driving privileges. On a second or third conviction for a drunken driving offense the same applies, except that the device must remain installed from one to three years following restoration of that individual’s driver’s license.
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September 30, 2012

Understanding What Leads to a Typical Drunk Driving Arrest Might Help Some Motorists Avoid Trouble

by Jonathan F. Marshall

Nobody needs the sugar-coated version of DWI defense. When it comes to being arrested for driving drunk, many motorists are either taken by surprise or become resentful of the whole process and how demeaning it can be to a grown adult. But remember, driving while intoxicated is a serious offense, and here in New Jersey there are stiff penalties and even jail time waiting for those who are convicted. Naturally, it depends on the facts of the case and whether or not this was a first offense, but by the time the hearing begins, the damage to one’s reputation may already be done.

Ruined relationships, marital problems, and damaged careers are just a few of the non-legal effects that a drunken driving arrest, much less a full-blown DWI conviction can have on a person, especially an individual who formerly may have been a highly respected member of his or her community or profession. If avoiding the expensive monetary penalties and fees associated with a drunken driving conviction isn’t enough to dissuade people from having a beer or glass of wine before getting behind the wheel, certainly the social and professional embarrassment can be a strong motivator.

Remember that here in the Garden State many motorists are caught unaware that they were legally drunk at the time of a traffic stop. According to some experts, it doesn’t take much alcohol to cause physical and mental impairment that could affect a driver’s ability to safely operate a motor vehicle. As such, it doesn’t take much alcohol consumption, at least for some people, to reach or exceed the legal limit (specifically 0.08 percent blood-alcohol concentration) and become prime candidates for a DWI arrest.
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September 28, 2012

New Jersey State Trooper Hurt in Car Chase with Drunken Driver in Toms River, NJ

by Jonathan F. Marshall

We won’t even suggest that this could be a scenario for most people who may be arrested for drunk driving here in the Garden State, but suffice it to say that if one is planning to seal a car, it might not be a wise idea to steal the car in which one is driving while intoxicated. As we said, this is hardly the typical kind of DWI-DUI traffic situation that most drunk driving defense lawyers encounter on a daily basis. To say the least, our clients are more likely to be coming home from dinner with their spouse when a police officer pulls them over in their own vehicle.

That said, we will add that as New Jersey DWI defense attorneys, a percentage of clients believe that they were not drunk at the time of the arrest or issuance of a DWI or drug DUI summons. This may or may not hold up in court, but the fact remains that many motorists here in New Jersey may not fully realize that they are legally impaired as they get behind the wheel of their car or truck.

This goes the same for people who may have had a couple of beers, a glass of wine or a dose of doctor-prescribed medication prior to driving home from a friend’s house or a quiet dinner at an upscale restaurant. Even those individuals who might be taking medicinal marijuana, the chances of being arrested for drug DUI or operation of a motor vehicle while impaired by a controlled dangerous substance (CDS) can be quite high. If a patrolman observes a motorist initiate a maneuver that results in a traffic infraction, then the odds are very great that the driver will be exposed to the scrutiny of that law enforcement professional.
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September 21, 2012

No Criminal Trial for Former Municipal Employee Who Struck New Jersey Teenager While Allegedly Drunk

by Jonathan F. Marshall

Defending motorists accused of DWI in the Garden State is one job best left to skilled legal professionals who are well-versed in New Jersey’s drunken driving laws and statutes. And, for anyone who wonders how best to beat a drunk driving summons in Jersey, the short answer would have to be not to get behind the wheel of a motor vehicle if you’ve had anything to drink. Sage advice, considering the total number of police arrests for operating a car or truck while under the influence of alcohol.

With dozens upon dozens of DWI summonses issued every week, it’s a fair bet that a percentage of those may not hold water in court. As New Jersey drunken driving defense lawyers, I and my colleagues have literally decades of courtroom experience when it comes to defending drivers against charges of driving under the influence of alcohol or impaired driving as a result of prescription drug use (drug DUI). Our office also handles drivers and other individuals who have been arrested for marijuana possession or use in a car.

While it’s sometimes very easy to be caught unaware by a police officer who may see a motorist driving in an erratic fashion, more trouble could be around the corner if one couples drinking and driving with some kind of traffic accident. Add to any accident possible property damage or personal injury, much less a fatality, and one’s drunk driving defense becomes that much more complicated. All the more reason to consult with a qualified DWI defense lawyer.
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September 13, 2012

Garden State DWI Defense Update: Sobriety Roadblocks Quite Common in New Jersey, Elsewhere

by Jonathan F. Marshall

To borrow a turn of phrase, it seems that one can’t swing a cat with hitting a drunken driving checkpoint here in New Jersey. With apologies to cat lovers everywhere, the point we’d like to make is that state and local law enforcement agencies do appear to use sobriety roadblocks very frequently here in the Garden State. As New Jersey DWI defense attorneys, I and my legal defense team have represented numerous clients who had the unlucky experience of being arrested for DWI or Drug DUI (including charges of marijuana possession or use) at one of the state’s many drunk driving roadblocks over the years.

Despite the fact that state and municipal police departments are legally required to publicly announce in advance any sobriety checkpoint, dozens of drivers every year end up being charged with driving while intoxicated after being flagged off the road into a roadblock of or kind or another. Once under the scrutiny of patrolmen on duty, motorists who have maybe had a drink or two prior to getting behind the wheel of their car could easily be singled out for field sobriety testing and perhaps a breathalyzer test.

If one had any doubt as to the relatively commonplace occurrence of these drunk driving netting operations, the news pages are full of examples. We ran across several not long ago. They included one such roadblock in the Cherry Hill area, another operated in the East Hampton and Sag Harbor area, as well as a third in the vicinity of Bridgeton, NJ. The results, for those people found to be impaired by alcohol, prescription drugs (drug DUI) and illegal controlled substances (CDS) are usually an arrest or summons for a future court hearing.
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September 11, 2012

Seemingly Innocent Driving Errors Can Trigger a Routine Police Stop; Lead to Potential DWI Arrest

by Jonathan F. Marshall

As we mentioned a few days ago, suspicion of drunk driving is not sufficient grounds, on its own, for a law enforcement officer to pull a motorist over. As New Jersey drunk driving defense attorneys, I and my staff know that the law requires a police officer to observe an actionable traffic offense prior to stopping a vehicle. That said, with the many and varied traffic laws on the books throughout counties like Monmouth, Bergen, Essex and Ocean, there exists a plethora of potential violations that patrolmen can look for when following a motorist on a public road.

And it should come as no surprise that individuals who are impaired by alcohol or drugs can make it rather easy for policemen to identify them on the road, much less perform an illegal traffic maneuver or other moving violation. Sometimes, all it takes is a broken taillight, cracked windshield glass or other “mechanical” defect affecting the vehicle. In these cases, a vehicle equipment violation as simple as a burned-out turn signal light (less than $5 to fix) could open the door to a DWI charge, for which a convicted could run the motorist thousands of dollars in fees, fines, court costs and mandatory insurance surcharges.

All this should be enough to warn off many people from attempting to take even a single drink before operating a motor vehicle here in the Garden State. But human nature being what it is, there will always be individuals who either feel invincible or immune from the long arm of the law. As professional legal specialists in the area of drinking and driving, we can say that few, if any, drivers get away with driving drunk for long. And we wouldn’t say this if it wasn’t for the thousands of DWI cases that pass through New Jerseys court system every year.
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September 8, 2012

Drunk Driving in the Garden State: Understanding Why Police Conduct BAC Testing

by Jonathan F. Marshall

Every now and again we are asked by clients and acquaintances alike what it is like to be arrested for drunken driving and if there are any tricks to avoiding being arrested for DWI. Quite frankly, the biggest trick — tried and true — is simply not to drink any liquor or use any drugs prior to getting behind the wheel of a motor vehicle in New Jersey. State and local law enforcement officers here in the Garden State are well known for their tenacity when performing a traffic stop that appears to be the result of drinking and driving.

This is not to say that a patrolman can just pull any motorist over on the merest suspicion that the individual has been drinking. It is a major part of our drunk driving laws that a policeman may not stop a driver simply on the assumption that the driver has consumed alcohol recently. In order for a driver to be stopped in any circumstance, the officer must witness a traffic infraction on the suspect’s part. But this can be something so minor, so inconsequential, that even failure to signal a turn or “rolling” through a stop sign without coming to a complete stop can set the stage for a police stop and a possible DWI arrest.

As New Jersey DWI-DUI defense lawyers, we can easily say that if a driver has not been drinking, then a routine traffic stop could end with a little as a warning, or perhaps the patrolman issuing a ticket for the infraction(s). But, should a driver exhibit any of the so-called typical signs of intoxication or impairment, then it could turn out to be a long day at police headquarters for that unlucky driver. This is why, and despite sounding flip, we always advise people not to have a drink if they plan to drive anywhere. Besides the statistical danger of injury, it’s just not worth the chance of being arrested and charged with driving under the influence of alcohol.
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September 6, 2012

New Jersey Driver Sentenced to Prison for Fatal Drunk Driving Auto Accident in 2011

by Jonathan F. Marshall

As human beings, none of us can truly say that we are perfect in every way. As lawyers who defend individuals in civil and criminal court, I and my colleagues have come to recognize the occasional shortcomings of many a good-intentioned person prior to being arrested for drunk driving or drug DUI. Fortunately, in our society, we have laws and courts to decide the guilt or innocence of those who have been accused of breaking the law.

Penalties that are meted out to convicted defendants in cases of operating a vehicle under the influence can be expensive, to say the least, which is why it is always a good idea to consult with an experienced legal professional before stepping foot in a courtroom. As New Jersey DWI defense attorneys, my firm has years of experience in representing motorists who have been arrested and charged with driving while intoxicated by alcohol or drugs, either prescription or illegal substances such as cocaine, meth or marijuana.

In some drunken driving cases, the defendant is not only accused of DWI or DUI, but may also be charged with vehicular assault or even manslaughter by a motor vehicle. These are serious and potentially jailable offenses. Such was the situation arising out of a car collision that took place in Gloucester County last year. According to news reports, a Deptford Twp. resident was involved in a fatal crash along a stretch of Rte 41 on March 19 of last year. At the time, police said that the man had an open beer with him when his pickup truck apparently side-swiped another vehicle on the road, precipitating a serious accident.
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