DWI Stops

September 12, 2014

Garden State DWI Defense News: Moriarty Dash Cam Bill Signed into Law

For those who have been pushing to have mandatory dashboard cameras installed on all New Jersey police vehicles, this past Wednesday is a red letter day. The new legislation, signed into law by Governor Christy, now requires every municipal police car used for DWI duty in the Garden State to have a working dash cam (or, alternately, a body cam worn by the officer) was inspired by a case involving the false arrest of NJ Assemblyman Paul Moriarty for drunken driving two years ago.

As some may recall, Assemblyman Moriarty was arrested on July 31, 2012, in Washington Twp. where he was erroneously charged with DWI. But from the get-go, Moriarty, who was previously the mayor of that municipality, disputed the charges and the arresting officer’s contention that the assemblyman was intoxicated at the time of the police stop. According to subsequent news reports, the officer contended that Moriarty’s vehicle cut off the officer’s patrol car and failed to maintain its lane, resulting in the traffic stop.

Despite the officer’s claims that Moriarty had the smell of alcohol on his breath, Moriarty said he was completely sober at the time of the stop and had consumed no alcohol prior to arrest. Alleging harassment and misconduct on the officer’s part, Moriarty used the video evidence recorded by the officer’s in-car video camera to bolster his case. The recording of Moriarty’s arrest showed clearly a number of discrepancies between the arresting officer’s pursuit of Moriarty and what the patrolman later documented in subsequent police reports about the incident.
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September 10, 2014

FAQ: NJ Drunk Driving Arrests and the Consequences of a DWI Conviction — Part Four

by Jonathan F. Marshall

As New Jersey criminal and civil defense attorneys, my law firm understands how quickly a motorist can be put on the spot by a state trooper or municipal patrolman. The range of traffic violations is relatively extensive, but some of the more serious offenses have to do with impaired driving. Whether based on an accusation of drinking and driving, or being impaired by prescription medication or an illicit drug (also known as a controlled dangerous substance, or CDS), my law firm has represented hundreds upon hundreds of people over the years.

There is no doubt that drunk driving arrests are very much a part of police activities all across the Garden State, but that doesn’t mean that these incidents are run-of-the-mill events for those drivers who end up being caught up in them. Saying that DWIs and drug DUIs are fairly commonplace should not diminish the seriousness of the charges that accompany such arrests; and many people often fail to grasp the future consequences of their actions in this regard.

At this point, it must be said that although my legal team is dedicated to defending those individuals accused of impaired driving, we hardly condone intoxicated driving or drug-impaired vehicle operation. As motorists ourselves, the safety aspects of such activities are not lost on the members of my legal staff. Regardless, the law provides that people who have been charged with a civil offense or criminal act have the right to defend themselves in a court of law. We know that not every DWI-DUI arrest is valid, which is why we believe that our clients should have the best possible legal defense when their day in court arrives.
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September 7, 2014

Arrested for DWI Over the Labor Day Holiday? How a New Jersey DWI-DUI Attorney Might Help

by Jonathan F. Marshall

Now that summer is officially over, there are still many Garden State motorists awaiting their day in court to answer to charges of impaired driving lodged against them by local and state police during the long Labor Day holiday. Whether arrested for intoxication by alcohol or impairment via some kind of drug (either legally obtained prescription medications or illicit substances, like marijuana or cocaine), the odds of paying dearly for an error in judgment or momentary indiscretion can be quite high.

As New Jersey DWI defense lawyers, my law firm is dedicated to assisting those individuals who have been accused of a serious drunken driving offense. Though many people would disagree, until it actually happens to them, even an instance of breath test refusal can lead to costly penalties. If you or someone you know was arrested for drunk driving arrest, drug DUI, or CDS (controlled dangerous substance) possession, my colleagues and I understand how frightening the future may seem without a good plan in place.

Whether you were arrested in Middlesex, Hudson, Ocean or Bergen County, it is certain that the memories a carefree holiday weekend were overshadowed by the stark reality of a DUI-DWI charge. Sadly this is a scenario that plays out all too often; sometimes on the way home from a family gathering or a cordial neighborhood block party, many times traveling home from a night out at the bar. Whatever preceded, the end result can be thousands of dollars in fines and insurance premium assessments, loss of driving privileges and even jail time.
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September 4, 2014

Ocean County Police Blotter: Lacey Twp. Officers Net Multiple Drivers on Alcohol and Drug Charges

by Jonathan F. Marshall

DWI and DUI arrests are certainly a common occurrence in the Garden State, what with one of the largest concentrations of people in the nation and a large amount of vehicles on the road. But although DWI-DUI is admittedly a year-round occurrence, the incidence of impaired vehicle operation is especially prevalent in the warmer months. Although we just said adieu to our summer, at least officially, the weather is still fine and drunk driving is hardly a thing of the past.

Whether one lives or works Ocean County, it can be seen from local and state news articles that there are a variety of alcohol- and prescription drug-related arrests happening nearly every day of the week in towns and cities all around the Jersey Shore, in places like Toms River, Stafford and Berkeley. These areas are often busy with police activity including DWI stops, field sobriety testing, drug DUI and marijuana possession and DUI arrests.

Regardless of the circumstances, our municipal court system sees a near constant stream of DWI-DUI cases, quite a few of which are thrown out due to lack of proper evidence or improper police procedure. The following incidents took place in Lacey Twp. not long ago.
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September 2, 2014

Six Years after Fatal DWI, Convicted New Jersey Motorist is Sentenced to Nine Years in Prison

by Jonathan F. Marshall

If it’s been stated once, it’s been stated a thousand times: a New Jersey drunk driving defense can only be complicated by a traffic accident. As Garden State DWI and drug DUI defense attorneys, I and my colleagues are serious when we say that causing an accident while possibly intoxicated is usually going to make for a difficult time in court. This is why we usually recommend that anyone involved in a DWI- or drug DUI-related car, truck or motorcycle collision seek professional legal help as soon as possible following the incident.

When someone suggests that a drunken driving charge can be complicated by a traffic accident, it is also important to point out that causing injury or death to another individual can compound the offense, which should be cause to contact a qualified DWI lawyer. Whether one lives in Atlantic, Bergen, Hudson or Sussex County, when you add an injury-related or fatal parkway wreck to a charge of driving under the influence, law enforcement and the local courts take a dim view of the situation. Naturally, if proven innocent of any drug- or alcohol-related charges, the motorist can possibly breathe a sigh of relief, but most serious DUI-DWI arrests are hardly “a walk in the park” when property damage or personal injury is involved.

Of course, it is interesting that despite the logic behind not drinking and driving, these incidents do, in deed, take place on a fairly regular basis all year long. To avoid a DWI summons, our suggestion, as usual, is to avoid getting behind the wheel at any time when a person believes that they may possibly have some alcohol in their system. The same thing goes for the taking of certain prescription medications, which may lead to a drug DUI.
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September 1, 2014

Hunterdon Co. Police Blotter: Drug Possession, DWI and DUI Arrests in Clinton Twp. and Elsewhere

by Jonathan F. Marshall

As drunk driving defense lawyers, my colleagues and I have decades of experience in providing legal assistance to motorists who have been arrested and charged with driving while intoxicated by alcohol, impaired by doctor-prescribed meds, or under the influence of some illegal drug or controlled substance. Depending on the circumstances, if a driver has consumed even a small amount of beer or wine, the opportunity for a charge of drinking and driving always exists.

Now, as anyone who follows the local news understands, there are hundreds of news items every month detailing the near-constant stream of drunken driving arrests and drug DUI charges all across the Garden State. The news is rife with reports documenting motorists who have been accused of driving their automobile, commercial vehicle or motorcycle while intoxicated, not to mention some arrests involving marijuana use, or possession of prescription medication.

As professional DWI defense attorneys, my staff has represented numerous clients charge with a wide array of criminal and civil offenses. From DWI-related car collisions to underage drunk driving and alcohol possession, my firm has the legal background and trial experience to help all manner of clients fight for their legal rights. Living and working here in the Garden State, it is hardly difficult to see the constant police activity on our roadways. The following compilation is just a snapshot of the DWI- and DUI-related incidents typically occurring in New Jersey on a daily basis.
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August 31, 2014

The School Year Starts Soon; Beware Extended Penalties of a DWI in a School Zone

by Jonathan F. Marshall

In deference to the children who may be crying salty tears at the prospect of the start of yet another school year, summer is officially drawing to a close and classes are beginning very soon all over the Garden State. But the end of summer, for children at least, is not necessarily the end of the fun for many adults around the state. Whether near the Jersey Shore or farther inland, as kids are going back to school, those motorists who allegedly drive drunk will continue to face enhanced penalties when those intoxicated driving offenses take place in a school zone.

With summer winding down fast, primary and secondary school students are returning to reading, writing and ‘rithmatic, yet the consequences for drunken drivers remains more or lass the same as it was around Memorial Day. As the warm weather gives way to the cooler days of fall, it may be instructive to remind individuals who might think about taking a drink or two before hitting the road — whether or not kids are actually in school or not — that municipal cops as well as state police are still on the lookout for motorists who may be under the influence of alcohol or drugs (drug DUI).

We find over and over again that many people who end up arrested for DWI or DUI in a school zone are surprised by the increased penalties associated with such an offense. These situations usually crop up when a driver is convicted of intoxicated driving, which took place within 1,000 feet of school property. It is important to note that some individuals accused of DWI do not realize that it makes little difference whether school was in session at the time of the initial offense or if children were even present during the alleged occurrence.
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August 29, 2014

Essex County DWI News: Bloomfield Twp. Officers Join other Police for “Drive Sober” Campaign

by Jonathan F. Marshall

From Patterson to Edison, and Trenton on down the Jersey Shore, police all across the Garden State will be working overtime looking for drunk drivers this coming Labor Day holiday. As part of this annual effort to rein in any number of intoxicated celebrants and other drivers operating their vehicles while under the influence of alcohol, doctor-prescribed meds, or illegal substances (drug DUI), the “Drive Sober or Get Pulled Over” campaign is already in effect.

Running from August 15 through September 1, dozens of police departments throughout the state have received funding for additional manpower to thwart errant drunken drivers during the holiday weekend and the days leading up to it. As New Jersey DWI defense lawyers, my legal staff knows that the stakes can be quite high for those motorists who are charged with driving while intoxicated. These days, the fines, fees and mandatory insurance premium increases can total in the thousands of dollars, which can cause significant hardship on some individuals if convicted of DWI-DUI.

As long-time DWI-DUI defense attorneys, my colleagues and I firmly believe that our system of law was created to provide a balance between the police who arrest and charge individuals and the defendants who believe they were unjustly accused. Getting one’s day in court, however, will usually be used to best advantage if a person consults with a skilled trial attorney first, before ever stepping foot inside that courtroom.
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August 27, 2014

New Jersey DWI Police Blotter: Burlington County Arrests Include Drunken Driving and Drug Possession

by Jonathan F. Marshall

Travel through any county in the Garden State and you will likely find that the police in local communities far and wide make a fair number of DWI and DUI arrests every month. Whether you live in Passaic, Essex, Somerset or Mercer County, the stories about drunken and impaired drivers that pop up in the news and on social media are strikingly similar — though they each have their own unique aspects, circumstances and facts.

It is important to remember that many New Jersey drunk driving arrests begin with a seemingly minor traffic offense — sometimes a very insignificant infraction, yet one that legally gives the police the right to pull the motorist over and investigate further. Such basic offense may include repeatedly crossing over a lane divider, making an improper turn, or even driving with a burned-out tail light.

While that original police stop may have been for a sometimes minor infraction, the patrolman in charge may take note of other evidence pointing to alcohol consumption, drug impairment, or possession of a controlled dangerous substance (CDS). Of course, observing an empty bottle of beer or wine cooler can easily trigger a request for the driver to exit the vehicle and take one of more of the standardized field sobriety tests that police officers use to determine intoxication. Furthermore, an officer may detect the odor of alcohol on a motorist’s breath, which can also begin a series of events leading up to a drunken driving arrest.
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August 26, 2014

FAQ: NJ Drunk Driving Arrests and the Consequences of a DWI Conviction — Part Three

by Jonathan F. Marshall

Life in the Garden State can be enjoyable and fulfilling, so long as everything is going well. For thousands of drivers every year, however, a run-in with a traffic enforcement officer can certainly be one of the reasons that makes daily life a bit less pleasurable. While most traffic stops result in some kind of moving violation and related fine, which isn’t cheap by any means, a fair number of roadway police stops end up in an arrest for impaired driving.

When it comes to being stopped for intoxicated vehicle operation, this kind of police encounter can make for an embarrassing trip to a local police department for a breath test and possible charges of DWI or DUI; after that comes a date in municipal court with sometimes very costly results. For many motorists charged with driving under the influence, there is hardly anything good to look forward to following a DWI-DUI arrest. With thousands of dollars in fines, fees and insurance premium increases hanging over the heads of accused drunk drivers, it’s no surprise that this kind of life event is far and away from anything remotely enjoyable.

As New Jersey drunk driving defense lawyers, my legal team has defended hundreds of individuals charged with impaired driving, breath test refusal and other alcohol-related offenses. In addition, my colleagues and I are well equipped to handle drug-related cases, such as marijuana DUI, cocaine possession, and prescription drug-related DUI offenses. It should be said that although we make it our job to defend individuals charged with DWI-DUI, we certainly do not condone driving under the influence of drugs or alcohol.
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