Articles Posted in DWI Stops

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Whether one drives in Middlesex, Atlantic, Monmouth or Essex County, if you cause an accident while driving under the influence of alcohol or prescription drugs (drug DUI) there is always a chance that you will be found guilty of intoxicated driving by a court. Raise the stakes by causing a fatal drunken driving-related traffic wreck and the consequences can be much worse.

As a former municipal prosecutor, I understand the strategies and legal approach that the state uses to convict a motorist charged with drunk driving or drug DWI. I and my staff of experienced New Jersey drunken driving defense attorneys know the procedures and techniques that the prosecution may use against a DWI defendant. An already critical situation is made that much worse when a driver is accused of drunk driving as it applied to a traffic accident involving injury or death.

It is for these reasons alone that one typically needs the counsel, if not the representation, of a qualified DWI/DUI lawyer. This is because, here in the Garden State, law enforcement and the courts have become rather strict regarding any traffic-related offenses involving the consumption of beer, wine or hard liquor, as well as doctor-prescribed medication or illicit drugs such as marijuana or cocaine.
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Here in New Jersey, most drivers are probably familiar with the increased presence of police on patrol during certain times of the year, such as New Year’s Eve, St. Patrick’s Day, 4th of July, Memorial Day and Labor Day. During these times, it’s not unusual to have a spike in drunken driving arrests, although one can speculate on whether the increase in DWI arrests are due to a much high incidence of drunken driving, or that the added patrols catch a requisite increased number of impaired drivers.

In any case, the saturation patrols that happen from time to time during the year — over holiday weekends and other peak drinking and driving periods — are well known throughout the Garden State, especially by those who have been stopped on the road following attendance at a family reunion, office party or friendly get-togethers where beer, wine and hard liquor are typically served.

As New Jersey DWI and drug DUI defense lawyers, I and my colleagues know how easy it can be for a driver to be pulled over for a seemingly minor traffic offense, yet find him or herself under arrest a short time later for driving while intoxicated. (A smaller percentage of individuals can sometimes find themselves on the receiving end of a drug DUI or marijuana possession summons as well, but that’s a different topic altogether.)
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A DWI is a DWI is a DWI, right? Well, not exactly. Here in the Garden State, people generally understand that an arrest for driving under the influence of alcohol can lead to severe monetary penalties. But what many motorists do not realize — until they have actually gone through the process of being tried for a DWI offense — is that drunken driving arrests come in varying degrees of severity, vis-à-vis penalties.

As New Jersey drunk driving defense attorneys, I and my staff of experienced DWI lawyers possess a deep understanding of the legal statutes that define this state’s anti-drunken driving law. Local and state police also know the law, too, and every day along our highways and byways, they make quite a concerted effort to secure arrests of individual drivers who, in their eyes, violate New Jersey’s strict DWI traffic laws.

For starters, every drunk driving defense lawyer in this state should know that driving while under the influence of beer, wine or hard liquor can result in severe penalties as defined in the New Jersey DWI statute, known in legal circles as N.J.S.A. 39:4-50. This set of criteria state the following in no uncertain terms:
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As stated previously in this forum, drunken driving is a serious offense with severe penalties for those convicted of DWI, breath test refusal or driving under the influence of a controlled dangerous substance (CDS); however, no conviction and no sentencing for driving while intoxicated can even take place until the prosecution has proven to the court that a driver was responsible for operating a motor vehicle while drunk on alcohol, or otherwise impaired by prescription medications or illicit drugs (also known as drug DUI).

In the Garden State, drivers who have never been arrested for driving while under the influence of alcohol might not know all the finer point of the law. As New Jersey DWI defense lawyers, I and my colleagues not only understand state law as it pertains to drunk drivers, but we also have a detailed understanding of the circumstances in which individuals find themselves facing a charge of DWI or breath test refusal.

Of course, it goes without saying that an arrest for driving under the influence of alcohol or drugs can lead to harsh monetary penalties and even license suspension. (As an aside, most people might not even consider the implications of losing their driver’s license, and essentially their driving privileges for even several months, but this alone can be devastating to someone who drives to work, or more seriously, drives for a living.)
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For argument’s sake, let’s posit that a Garden State motorist, who gets stopped for a routine traffic offense, ends up being charged with drunken driving in Ocean County. After stopping the driver for some simple infraction, such as failure to signal or improper turn, the officer might begin to suspect that the driver has possibly had something to drink and is possibly impaired by beer or wine, maybe even prescription drugs (also known as drug DUI).

In any case, the patrolman may request the motorist to perform one or more of the standardized field sobriety tests established by the National Highway Safety Administration (NHTSA). If the suspect fails one or more of these tests, there’s a pretty good chance that his or her next stop is the local police headquarters for a breathalyzer test.

As New Jersey drunken driving defense attorneys, I and my staff know that being convicted for even a first-time DWI offense can impact a person’s life, financially, personally and sometimes even professionally. Jobs have been lost, relationships ruined and reputations have been sullied as a result of an arrest for driving while intoxicated, much less for an actual conviction — if for only these reasons, is it a good idea to consult with a qualified drunk driving defense lawyer before stepping foot into a courtroom.
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Although it is hardly a stretch to say that a single DWI or drug DUI conviction can change the direction of an individual’s entire life, it’s certainly not unusual for a one-time drunken driving arrest and eventual guilty verdict to greatly impact a person’s career. Aside from the damage that a DWI or DUI conviction can do to someone’s personal relationships or standing in their community, jobs have been lost and careers ruined because of drunk driving.

As New Jersey DWI defense lawyers, my firm is dedicated to representing individuals accused of driving while intoxicated, operating a motor vehicle while impaired by prescription drugs (drug DUI), as well as those arrested for possessing marijuana and other drugs in a car, truck or other motor vehicle. It may seem difficult for some people to believe the wide-ranging effect that one or more DWI or DUI convictions can have.

This is especially true for those individuals who have intimate contact with the public, or those with jobs that involve the trust and safety of individuals throughout society; the occupations that come quickly to mind would be police officers, state and local officials, judges, school officials, and even teachers and school bus drivers.

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Any driver who lives or works in the Garden State may already know that arrests for drunken driving occur quite often all around the state. Although being pulled over for a traffic violation does not automatically mean that a driver will be charged with driving under the influence, there are numerous opportunities for motorists to be stopped and potentially charged with a DWI.

Much of this has to do with the circumstances and whether the arresting officer is convinced that an individual is impaired at the time of the traffic stop. Not all DWI and DUI arrests result in conviction; however, as New Jersey drunken driving defense lawyers, I and my staff of experienced DWI attorneys know full well that having any amount of alcohol or drugs in one’s bloodstream at the time of a traffic stop can result in charges being pressed.

Sometimes getting a summons for DWI — or breath test refusal, if one chooses to decline taking a breathalyzer test — is just a matter of timing. Be advised that feeling you are in the right does not change the way a police officer views the situation on the roadside. As we always suggest to friends and associates, it’s better to err on the side of caution and get a sober ride home than to take one’s chances with the local police and possibly be charged with impaired driving due to alcohol or prescription drug use (drug DUI).
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No matter where you drive in the Garden State, be it Middlesex, Bergen, Union or Atlantic County, when a drunk driving traffic arrest involves a fatal car wreck, the stakes for the defendant rise considerably when it comes to walking into the courtroom for the first time. As New Jersey DWI defense lawyers, my job and that of my legal staff is to represent motorists accused of driving under the influence of alcohol or prescription drugs (drug DUI). Here in Jersey, law enforcement agencies and the court system can be quite strict about drivers picked up for operating a motor vehicle while impaired by beer, wine, alcohol or drugs.

Being arrested for driving while intoxicated is one thing, but being charged with a traffic accident that resulted in one or more death is a serious situation that usually requires the assistance of a qualified DWI attorney. Understanding the law is one thing, but having experience defending people against drunken driving and drug possession or drug impairment charges is important. As a former municipal prosecutor, I have worked both sides of the aisle in DWI and DUI cases.

Not long ago, following an Englewood car accident that resulted in the deaths of two people, 50-year-old Heriberto Callas was arrested by local police and charged with numerous violations including a couple counts vehicular homicide in the first degree. Calles, according to news reports, is a Bergen County business man and owner of an Englewood, NJ, janitorial service.
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Accused drunk drivers in Bergen, Union, Monmouth and Sussex County may be surprised to hear that the breath testing devices used by state and local police agencies can be affected by the chemicals known to be present in cigarette smoke. Understanding this technical issue can sometimes help a DWI defendant to better prepare for his defense against a charge of driving while intoxicated in the Garden State.

As New Jersey drunken driving defense lawyers, I and my staff have a deep understanding of the operational and maintenance aspects of breath testing machines — such as the Alcotest device — and how this equipment might record falsely high blood-alcohol content (BAC) reading that in no way represents a driver’s actual state impairment or sobriety.

As DWI defense attorneys, my firm has represented numerous motorists who were accused of driving under the influence of alcohol, yet were in reality not legally drunk at the time. Many times the state’s primary evidence comes directly from the breathalyzer machine.
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Being slapped with a charge of DWI, drug DUI, or breath test refusal can be a shock to more than one driver, especially if he or she has never before received a summons for drinking and driving. For those uninitiated in the typical process of being arrested and charged with driving under the influence, the actual reasons can sometimes seem more innocent and hardly worth mentioning; however, the consequences are far from trivial.

As New Jersey drunk driving defense lawyers, I and my staff have read of and tried enough DWI and drug DUI cases to understand that the average motorist can be stunned by the speed at which a drunken driving arrest takes place. For many, it all begins with a simple and seemingly minor infraction; consider, for instance, a driver who just made a turn without signaling.

Since New Jersey drunken driving law does not allow a police officer to stop a motorist solely on the suspicion of that individual has had too much to drink — and is possibly impaired by alcohol or prescription medication (aka drug DUI) — the patrolman must observe a chargeable moving violation being committed to effect a traffic stop.
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