DWI Stops

May 9, 2012

Essex County, NJ, Patrolman Gets “Top Gun” Award for Most Drunken Driving Arrests in 2011

As New Jersey drunken driving defense attorneys, I and my staff of experienced DWI lawyers make it our job to represent motorists who have been accused of driving under the influence of alcohol, prescription medications or other potentially intoxicating substances (such as cocaine or marijuana). This, however, does not mean that we do not understand the dangers associated with driving while intoxicated by alcohol, doctor-prescribed meds or even controlled dangerous substances (CDS).

Having worked in the past as a municipal prosecutor for many years, it was my job to obtain convictions against those drivers who had been arrested for DWI, drug DUI and breath-test refusal. Using that experience, I and my legal team can better understand the strategies and legal approaches used by New Jersey state prosecutors against drivers who may or may not have been legally drunk at the time of their arrest.

Of course, the first step in any New Jersey DWI/DUI case is the initially arrest. As anyone who reads local news reports already knows, drunken driving is a common offense here in the Garden State. Whether one lives in Bergen, Ocean, Passaic or Monmouth County, there are dozens of traffic stops every week that result in drunken driving summons being issued against drivers.
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May 6, 2012

New Jersey Trucker Faces Federal Charges following Out-of-State DWI-related Accident

by Jonathan F. Marshall

When is comes to driving under the influence of alcohol, making a bad judgment can really cause a person all manner of trouble down the road. We don’t just say this without some knowledge in the area of DWI and DUI law, since penalties for drunken driving can be quite costly. But consider the ramifications for someone who makes his or her living on the road. For professional drivers, a New Jersey drunk driving or drug DUI arrest can potentially spell the end of one’s career. And it doesn’t have to be alcohol; it can be cocaine or as well.

As New Jersey DWI defense lawyers, I and my colleagues know how someone’s fate can turn on a dime when a conviction for driving while intoxicated comes down in a municipal courtroom. For those who make their living driving day-in and day-out, such a conviction could also entail the loss of one’s commercial driver’s license (CDL). For an average person who works in an office, the loss or suspension of a driver’s license can definitely be an inconvenience. But commercial truckers should not take a chance on fate when it comes to receiving a DWI summons.

It wasn’t too long ago that we read of an out-of-state DWI arrest following a truck crash that caused a large disruption on an interstate. The Orange County man who was operating the semi at the time of the crash was eventually charged with driving while impaired by alcohol. Not only did the man face local DWI charges, but Federal regulations have a much stricter set of rules regarding alcohol-related traffic offenses.
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May 3, 2012

Drunken Driving Charges Can Only Complicate a Traffic Accident with DWI-related Personal Injuries

by Jonathan F. Marshall

If one was looking for a worst-case scenario when it comes to a drunk driving arrest, look no further than the pages of local and state news outlets for traffic collisions involving accused drunken drivers. It’s one thing to be arrested for DWI or following a routine traffic stop for a minor driving infraction or defective vehicle equipment; but, it’s another situation altogether when a motorist is arrested for allegedly driving under the influence of alcohol or prescription drugs.

As New Jersey drunk driving defense lawyers,I and my staff of highly qualified criminal attorneys have decades of combined experience. I, myself, worked on the other side of the aisle as a municipal prosecutor for years, which gives me a unique perspective on how the State views drunk driving defendants and the strategies used to attain convictions against accused DWI violators.

One thing that is certain: when a traffic accident occurs and the police believe that the driver who caused the crash may have been drunk or otherwise impaired by alcohol or other substances — such as prescription meds or illicit drugs like cocaine or — the consequences for that act can rise accordingly.
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April 28, 2012

A Look at Field Sobriety Tests Used by New Jersey Patrolmen During DWI-related Traffic Stops

by Jonathan F. Marshall

It’s something that we get asked numerous times every year: What is it like to be stopped for drunk driving and how can I be prepared for such an event? As New Jersey DWI defense lawyers the first thing were are apt to say would be don’t let yourself get into that type of situation to start with. Considering the potential monetary penalties for DWI, not to mention the associated social stigma of an arrest, much less a conviction, this is probably the most reasonable advice anyone could give.

But as for what happens during a DWI stop, it’s first important to remember that the police cannot pull a motorist over simply on the “hunch” that the driver is intoxicated or has had too much to drink. New Jersey law requires that a patrolman observe some kind of other traffic offense or violation (improper turn, speeding, or even a broken headlamp).

Many officers will describe the so-called tell-tail signs that indicate that a driver is drunk behind the wheel. These may include tailgating another vehicle or swerving in and out of a lane of travel. Others may say that driving too slowly, having the headlamps turned off in the darkness or driving constantly with their high beams on are good indicators of a drunken driver.
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April 25, 2012

Garden State Police Blotter: Multiple DWI Arrests, Drug Possession Charges and Alcohol-related Driving Offenses

by Jonathan F. Marshall

As we usually see here in the Garden State, not all is sweetness and light on our city streets and highways. While many motorists go about their lives in relative anonymity, the occasional traffic stop is enough to bring one’s name into the local spotlight, if only in the police blotter section of the newspapers. For many, the seemingly inconsequential second or third drink during lunch or dinner can sometimes result in a police arrest and DWI-DUI charges being pressed against an otherwise law-abiding citizen.

As New Jersey DWI defense attorneysI and my legal staff know what can happen when a driver makes a minor mistake in clear view of a state of local police officer. If that individual has recently consumed even a small amount of alcohol, the potential of a DWI arrest is waiting just one wrong turn away in some cases.

Although it is not legal for a patrolman to stop a car simply on the suspicion that its driver is impaired by alcohol (such as beer, wine or hard liquor), doctor-prescribed medication (like pain killers and other opiates), or an illicit substance (such as marijuana, meth or cocaine), what must first occur is a vehicle infraction or driving-related offense.
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April 19, 2012

Drunken Driving Doesn’t Always Happen on Jersey Roadways; Boating Season Opens New Vistas for DWI Arrests

by Jonathan F. Marshall

We may have had a false start earlier this year, but with warmer weather on the way again, one thing is certain: boating season cannot be far away, if not here already. With the warm weather comes the distinct possibility of BUI (boating under the influence) arrests. Whether one is a full-time boater, or more of a fair-weather pleasure-boating type, it’s a certainty that Coast Guard and local law enforcement agencies will be on the lookout for captains who may be operating their vessels while impaired due to alcohol, prescription drugs or an illegal substance (commonly referred to by police as a controlled dangerous substance — CDS).

As New Jersey DWI-DUI defense attorneysI and my staff of experienced drunk driving lawyers understand the ease with which a passenger car driver or captain of a small watercraft can find himself on the receiving end of a DUI summons. Strangely, there likely a small percentage of part-time boaters who still believe that getting arrested for BUI is less likely than DWI on public roadways. Were that this was true.

Amazing to some, yet all to obvious to I and my staff, is that the same standards for intoxicated driving on public roads in the Garden State also apply to those who pilot boats and watercraft in New Jersey’s lakes, rivers and waterways. While many people do not realize this fact, the courts do not make any allowance for ignorance of the law, especially in this area of drunken driving/boating.
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April 17, 2012

Being Accused of DWI May Require the Services of an Experienced Drunk Driving Defense Lawyer

by Jonathan F. Marshall

No matter where one lives or works in the Garden State, it would be fair to say that nobody is quite prepared for a DWI arrest, whenever it comes. Just because New Jersey law enforcement officers are always watching for traffic violators, doesn’t necessarily mean that every driver in New Jersey has a legal preparedness folder in his or her glove compartment.

The aforementioned thoughts may seem a bit tongue-in-check, but the sentiment is valid. As DWI defense lawyers serving New Jersey motorists, I and my legal staff are all to aware of the alarming frequency of drunk driving and drug DUI arrests that take place every week all across the state. While one may not have a legal action plan fully in place, it’s wise to know, at least, that you should seek the legal guidance of a qualified DWI-DUI attorney in the event of a traffic stop that precipitates charges of driving while intoxicated.

Whether one’s case involves being impaired through the consumption of wine, beer or hard liquor; or if the taking of doctor-prescribed prescription medication resulted in a motorist being charged with impairment due to narcotic substances, it’s a good idea to speak with an experienced legal defense attorney to better understand one’s options prior to stepping foot inside a courtroom.
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April 13, 2012

Stopped for Drunken Driving? Certain Physical Factors can Affect a Driver’s Blood-alcohol Content (BAC) Reading

by Jonathan F. Marshall

It’s no surprise that drivers in the Garden State face stiff and relatively inflexible drunk driving laws. And while saying that our state’s anti-DWI statutes are rigid, it’s a fair bet that the State Police and local law enforcement officers who uphold those laws are equally as unwavering in carrying out their duties when it comes to motorists who allegedly drive under the influence of beer, wine or hard liquor.

Naturally, nobody actually wants to be arrested for DWI or drug DUI, but the fact remains that it does happen and one should be ready for that day, if it comes, by understanding the science surrounding a drunken driving arrest.

Following a traffic stop, if the driver seems even slightly impaired, a patrolman may decide that the motorist has a high likelihood of being drunk behind the wheel. After confirming his or her suspicions, usually through as well as with a battery of standardized field sobriety tests, the officer may take the suspect into custody. Once at police headquarters, the driver will likely be asked to submit to a breathalyzer test.
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April 5, 2012

Morris County Drinking and Driving News: New Jersey Teenager Arrested for Underage DWI in Parsippany, NJ

by Jonathan F. Marshall

Being stopped by a police officer as a teenage driver can be a harrowing experience. And while inexperienced drivers can be expected to make a driving error from time to time, doing so while being drunk can mean big troubles now and in the future. Not only is underage DWI a chargeable offense in the Garden State, simply drinking or even possessing alcohol as a teenager or underage adult is grounds for an arrest.

As New Jersey DWI defense attorneys, we understand that an underage DWI, DUI or breath-test refusal is no way to begin one’s foray into adulthood. As we have said on numerous other occasions, being charged with driving under the influence of alcohol or prescription medication (drug DUI) is a serious enough offense without compounding it by being a teen. Parents take note, since most youngsters do not always realize the potentially injurious nature that a DWI conviction can mean to one in the future.

Without a doubt, it is always safer to consult with a qualified DWI lawyer to best understand the impact that any drunken driving conviction can have; in many respects, an underage DWI, DUI or refusal conviction can have even a greater impact than if the defendant was of age and caught for drunken driving for the first time. Suffice it to say that a conviction for DWI is just no way to start out one’s adult life.
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April 3, 2012

Monmouth County DWI News: Jersey Driver Faces Felony Charges after Out-of-State Drunk Driving Arrest

by Jonathan F. Marshall

You can be sure that state and local police here in the Garden State have next to no tolerance for drunken driving on public roads; and neither does our court system. Besides the potentially embarrassing and career-changing arrest for driving while intoxicated, there is also the probability of being convicted of DWI, which itself has penalties that make this a traffic offense worth avoiding if at all possible.

Another thing that police and others in the judicial system find abhorrent is drivers who drive under the influence of alcohol while a child is riding in the same vehicle. Aside from actually causing an accident while legally intoxicated, having a minor along for the ride is probably up there on the list of things not to do.

While a drunk driving arrest or conviction may ruin a career or set one back in the running for a higher position at work, driving drunk with one’s child, a friend’s kid or some neighbors’ children can result in a parent being ostracized by an entire community. Depending on how forgiving one’s spouse is, a marriage could easily be at stake as well.
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