DWI Stops

June 20, 2012

Monmouth County Traffic Accidents Nets Two Drivers DWI Charges in Rumson, NJ

Being caught driving drunk on a Garden State roadway is embarrassing enough without being involved in a fender-bender while intoxicated. We said more than a few times in this forum that compounding a DWI arrest with a traffic accident, not to mention an injury-related crash, only complicates one’s drunken driving defense. Naturally, if a driver has any desires to avoid the stiff penalties that come with a DWI or drug DUI conviction, it is a wise choice to consult with a qualified drunk driving defense attorney in advance of one’s appearance in court.

Having represented our share of motorists accused of driving under the influence of alcohol, prescription medications and even controlled substances such as cocaine and marijuana, I and my colleagues understand the law in this area very well. As a New Jersey DWI defense lawyer and former municipal prosecutor myself, I and my legal staff understand the strategies and tactics of state, county and local prosecutors when it comes to pursuing and securing a drink driving conviction.

As mentioned previously, adding a traffic accident to the list of charges related to a DWI arrest cannot help but complicate a driver’s defense. Property damage and bodily injury, whether the defendant’s or another party will not endear one to the court; law enforcement will have already weighed in on the issue with their list of violations, as well.
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June 18, 2012

Essex County Police Arrests Include Several DWIs and Possession of CDS in a Motor Vehicle

by Jonathan F. Marshall

Sometimes it seems that getting arrested for drunken driving or drug DUI in the Garden State is about as easy as going to the supermarket. While a percentage of the individuals that contact our office feel they deserved being arrested for driving while intoxicated by alcohol or impaired by prescription medication, many others believe they were unjustly accused or occasionally singled out.

Of course, as New Jersey DWI defense attorneys, I and my colleagues know that legally a police officer cannot stop a vehicle simply on the hunch that the driver of that car or truck may be under the influence of beer, wine or hard liquor. Similarly, assuming that a motorist is impaired by drugs, such as cocaine, pot or meth, is not enough evidence for a patrolman to pull over an automobile and check for illicit drugs, also known as controlled dangerous substances (CDS).

This is not to say that some officers act solely on a hunch, but they must have a concrete reason for stopping a driver; usually and observed violation of traffic laws, such as failure to yield, speeding, improper lane usage or lack of using one’s turn signal. Once a violation — regardless of how simple or seemingly insignificant — has been observed by a patrolman, a traffic stop can legally be initiated and further investigation of the vehicle and its occupants may be precipitated.
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June 15, 2012

Rutherford, NJ, Motorist Charged with DWI after Hit-and-Run Arrest in Bergen County

by Jonathan F. Marshall

Drink and drive in the Garden State and one risks being caught and cited for DWI and possibly other traffic violations. Get behind the wheel after several drinks and cause an accident: the fines and potential liability could cost you big. But drive while intoxicated, cause a car or pedestrian accident, and then leave the scene of the crash? Anyone who finds themselves in such a situation should think twice about running from the law, but the best advice would probably be to not even take that first drink.

Hit-and-run can be a pretty serious charge, especially when injuries or fatalities are involved. Local and state police, not to mention our court system, are not very sympathetic to motorists who cause a traffic collision while legally intoxicated. As New Jersey drunken driving defense attorneys, I and my staff of experienced DWI lawyers know the law, and we are well aware of the stiff drunk driving penalties that can be levied against a defendant following a DWI or drug DUI conviction.

Not long ago, a motorist from Rutherford, NJ, was involved in a roadway collision over in Bergen County in the wake of which a woman from Kearny was left in critical condition. According to police, the alleged perpetrator left the scene of the accident after the man’s vehicle reportedly struck 44-year-old Zoila Diaz, who was crossing E. Passaic Ave. The collision took place later on a Tuesday night in April. News reports indicate that a person happening by after the crash noticed the woman lying in the middle of the street, not far from Meadow Rd.
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June 12, 2012

Injury Accidents Only Serve to Compound Charges of Drunken Driving in New Jersey

by Jonathan F. Marshall

Causing significant personal injury or property damage as the result of a car or truck accident can sometimes result in negative ramifications (criminally and/or from a civil standpoint) for the negligent party. This is almost a given in any municipality around the Garden State. And, while causing an accident through simple negligence is one thing, being the defendant in a DWI-related legal case involving bodily injury to another person or physical damage to another individual’s property can be an entirely different thing altogether.

As New Jersey DWI lawyers, my firm is well positioned to represent motorists who have been accused of driving under the influence of alcohol (such as beer or wine) or doctor-prescribed drugs; or even illicit substances like marijuana and cocaine. Most people do not understand that a police officer cannot pull a vehicle over based only on a hunch that the driver has been drinking prior to getting behind the wheel. What usually happens first is the officer may notice a minor driving infraction, which then attracts his or her attention to the subject vehicle.

Of course, while observing a car or truck making an improper turn or running a stoplight can be a clear sign that something is amiss with the driver, coming upon a traffic accident is usually an obvious indication that at least one of the drivers involved made some serious error in judgment or executed a maneuver after a poor driving decision. Whatever the reason, once a driver is on the roadside — having allegedly caused a traffic accident — the officer in charge will most likely be keenly aware of everything being done or said at the scene of the accident.
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June 9, 2012

DWI Incidents in Somerset and Middlesex Counties Illustrate Potential Consequences of Drinking and Driving in New Jersey

by Jonathan F. Marshall

An Ocean County man was arrested after an alleged DWI car crash in Montgomery Twp., NJ. According to one news report, a resident of Brick, NJ, apparently lost control of his car along a stretch of Cherry Valley Rd., which left the roadway and crashed in what police described as a rollover accident. The driver was reportedly headed west along Cherry Valley a little after noon on a Tuesday when the incident occurred.

As New Jersey DWI defense attorneys, I and my staff know that there is no better way to call attention to oneself than to cause or be involved in an automobile accident. If one or more of the motorists involved in the wreck are found to be drunk at the time of the accident, there is a good chance that a drunken driving summons will be issued. Aside from the monetary penalties associated with a DWI or drug DUI conviction, social stigma, loss of friends and business associate and even a foreshortened career are all possible scenarios.

Brick Driver Hurt in Alcohol-related Single-car Rollover Crash
Based on news reports, the accident in Montgomery Twp. involved a 1998 Subaru Forrester. The driver, 56-year-old Michael Kubas, received several non-critical injuries after the vehicle struck several trees and then wound up on upside down off to the side of the road. Montgomery and Princeton Township EMS and first responders treated the man and then transported him to Helene Fuld Medical Center.
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June 2, 2012

Reviewing the Reasons and Procedures for DWI-related Field Sobriety Testing

by Jonathan F. Marshall

Understanding the processes and steps that take place during a drunk driving traffic stop can sometimes serve to prepare certain people who may find themselves in similar situations in the future. When it comes to a DWI arrest, not to mention a possible future conviction, understanding the order of things can help in putting the entire drunken driving arrest, prosecution and conviction process in perspective.

Of course, no one ever wants to be stopped and arrested by a municipal police officer or state trooper for driving under the influence of alcohol, but the possibility does indeed exist. And, as no reasonable person would welcome the scenario where he or she is slapped with extensive monetary penalties following a drunk driving conviction, one would have to believe that avoiding such an incident would be all the more preferable to being convicted of DWI and having that mark on one’s record for years to come.

Still, there always exists the chance for a drunk driving arrest, especially if one has had a drink or two before getting behind the wheel of a motor vehicle. This possibility is real and exists for any driver who may have even a little bit of alcohol prior to being stopped for some other traffic offense, such as running a red light or making an illegal turn. DWI arrests can precipitate from some of the most innocuous traffic offenses.
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May 25, 2012

Is 0.08 Percent BAC THE “Magic Number”? Some New Jersey Motorists Have Been Arrested for Less

by Jonathan F. Marshall

We’ve echoed this bit of information numerous times in this venue, but we’ll say it again; it makes little difference whether a driver is arrested or charged with driving under the influence of alcohol in Bergen, Passaic, Hudson or Ocean County, consequences of a DWI or drug DUI conviction are the same anywhere in New Jersey. In fact, here in the Garden State, an arrest (much less a conviction) for drunk driving can have a seriously negative impact on come individual’s personal and professional relationships.

Having said this, it is certainly important to remind everyone that being arrested and charged with DWI or drug DUI is different from being convicted of same. As New Jersey drunken driving defense lawyers, I and my staff of experienced DWI attorneys make it our job to represent those people who have been accused of driving while intoxicated or impaired by prescription medication and even illicit drugs like cocaine and marijuana.

DWI Monetary penalties aside, few people if any welcome a DWI or drug DUI conviction on their record. Given the choice, most people will fight a drunken driving charge; however, there are those who feel it is hardly a difficult task to defend themselves in court. But it is important to add that those who do choose to go it alone take a chance without proper representation.
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May 22, 2012

Prom, Graduation and Summer Vacation: Parents Beware the Season of Underage Drinking in New Jersey

by Jonathan F. Marshall

Now that summer is practically here, youngsters all over the Garden State — from junior high to high school will surely be hitting the malls, the seaside and local gathering spots to celebrate yet another school year ended. This is all well and good, but parents of some teens know all too well that new-found freedom for some is an invitation to misbehave for others.

Mothers and fathers across New Jersey, and elsewhere around the nation, understand how the start of summer can offer up new opportunities for some teens and underage drivers to experiment with alcohol, not to mention marijuana and other narcotic substances.

While some say that teen drinking is part and parcel of the coming-of-age experience, the state of New Jersey has strict rules on its law books that prohibit underage drinking, not to mention simply the possession of alcohol by a minor. As a New Jersey DWI lawyer, I and my legal staff (including a team of highly experienced drunken driving defense attorneys) know all too well that kids, like adults, can find themselves in certain situations that lead inevitably to an arrest for driving under the influence of alcohol or prescription medications (drug DUI).
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May 16, 2012

Teen Drinking and Driving: A Dangerous Activity to Start, but with Legal Implications Later in Life

by Jonathan F. Marshall

Some might say that teen drinking is an inevitable part of growing up; a literal rite of passage. However, the State of New Jersey has other thoughts regarding underage drinking, not to mention underage DWI. If parents have a difficult time trying to get their children to follow the law in this regard, perhaps it might be a good idea to explain that underage alcohol drinking or even simple possession of beer, wine or hard liquor can have an effect on a young person’s future driving privileges.

As we said, there are rules on New Jersey’s law books that prohibit underage drinking as well as possession of alcohol by any minor. As New Jersey drunken driving defense attorneys, I and my colleagues understand how teens and pre-teen, just like adults, can make mistakes with alcohol that can land them in front of a judge. Whether it’s DWI or drug DUI, depending on the particular situation, it is usually advisable to contact a qualified DWI attorney to better understand one’s options.

An underage DWI arrest can lead to a potentially damaging underage drinking (DWI) conviction, which could haunt an individual onward into adulthood. Any young person on the verge of adulthood would be well advised to head his or her parents’ advice to wait to take that first drink. And since New Jersey’s state legislature has already written statutes that preclude a minor from engaging in underage drinking, why even take that chance?
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May 12, 2012

Many New Jersey Cities to Tighten Up DWI Patrols During High School Graduation, Prom Season

by Jonathan F. Marshall

Most likely we didn’t really have to tell you, since many of you already expected this, but police agencies all over the Garden State will be busy this month enforcing anti-drunk driving laws with an eye toward the state’s high school graduates and other celebrants. As New Jersey DWI and drug DUI defense attorneys, my firm has the in-depth skills and decades of collective legal experience to represent individuals accused of drunk driving, driving under the influence of doctor-prescribed medication, and even operating a motor vehicle while impaired by an illicit substance, such as cocaine, meth or marijuana.

That said, it’s also important to point out that, as DWI defense lawyers, we also have experience in the area of underage drunk driving and alcohol possession by a minor. As one might expect, being tagged by the police for DWI as an adult can be serious and expensive business, but being arrested as a teenager for drinking and driving can also have its own drawbacks later on.

We’ve spoken of this on numerous occasions, but the reason we mention it today is that senior prom season is in full swing this month. What with thousands of teens saying goodbye to high school and staring their future in the face, it’s not hard to understand how some of those kids might be inclined to take a drink in advance of reaching full legal age. While understandable to some adults (parents included), the so-called rite of passage represented by drinking alcohol is actually illegal in the Garden State. But as with many laws, there will always be those who decide to flout the law and take their chances.