DWI Stops

February 12, 2012

Mercer County DWI News: State Police Report More Drunken Driving, DUI Arrests this Super Bowl Weekend

It could be an indication that economy is bouncing back more and more, or it might be that the NY Giants pulled off a nail-biting performance during Super Bowl XLVI. Whatever the reason, apparently more people were “celebrating” the occasion last weekend than this same time in 2008. And to what or whom do we owe this information? Why the New Jersey State Police, who else?

As drunken driving defense attorneys representing those Garden State residents who have been accused of DWI, drug DUI and other charges of impaired driving, we certainly understand the correlation between sporting event and holiday celebrations and the rise or fall in drunk driving arrests. Here in New Jersey, where anti-DWI campaigns are common and state and local police agencies flood the roadways with drunken driving saturation patrols and sobriety checkpoints, there should never be any surprise as to the number of DWI and DUI arrests during any particular period of time.

This is not to say that New Jersey is unique, but we do get our share of drivers hitting the road while under the influence of alcohol, prescription drugs and even illegal substances, such as marijuana, cocaine and meth-based drugs. Once charged by a state or municipal police officer, a driver typically must go before a judge to either defend himself against the charges or admit responsibility.
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February 10, 2012

Ocean County Drunk Driving News: New Jersey Woman Arrested for DWI, Aggravated Vehicular Assault

by Jonathan F. Marshall

As any one who has been arrested for drunk driving here in the Garden State probably knows already, being charged with driving under the influence of alcohol or prescription drugs — also known as drug DUI — can be difficult in and of itself to fight in court; but to add an injury accident one top of a DWI charge only complicates things for a defendant.

It doesn’t make any real difference if one is picked up in Atlantic, Essex or Hudson County, state and municipal law enforcement agencies hold a hard line against alleged drunken drivers. (The same can be said for the New Jersey court system, since state laws are very strict and contain stiff penalties for motorists convicted of driving while intoxicated, whether by liquor, doctor-prescribed medication or illicit drugs such as cocaine or marijuana.

When a driver causes a traffic accident while allegedly under the influence, the law tends to focus a little tighter on that individual. And, as mentioned above, injury accidents caused by drunk drivers can complicate a person’s defense in many cases. If the person who is injured is an officer of the law, this is without a doubt more than sufficient reason to consult with a qualified DWI defense attorney. And by all means, one should not even contemplate running from a patrolman.
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February 9, 2012

New Jersey DWI Arrest Report: Police in Bergen County Charge Fugitive with Drunk Driving following Chase

by Jonathan F. Marshall

Right off the bat, as a New Jersey drunk driving defense lawyer and a former municipal DWI prosecuting attorney, let me say that running from the police and attempting to evade arrest is highly frowned upon by law enforcement agencies; and it certainly won’t get a defendant any sympathy from the court when one comes before a judge for sentencing.

Here in the Garden State, not a day goes by that a number of local residents and out-of-state drivers get pulled over for traffic infractions all over the state. Of those dozens of drivers, some may or may not have had something to drink prior to the police stop. This is where the police officer conducting the traffic stop generally makes a determination of whether or not he feels that the driver is possibly impaired.

Impairment can come in many forms. For this forum, we usually consider that a motorist may be accused of one of a number of potentially intoxicating substances; these include alcoholic beverages, doctor-prescribed medications, illegal drugs or even illicit substances, such as marijuana, methamphetamine, or cocaine. The latter of these are sometimes referred to a CDS or controlled dangerous substances; and their use by a driver can result in drug DUI charges.
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February 6, 2012

Legal Defense News: NJ Police Arrest Drunken Drivers in Mercer, Ocean and Morris Counties

by Jonathan F. Marshall

New Jersey is a pretty tough state when it comes to drunk driving enforcement. Anyone who driver here regularly has seen the frequent late-night sobriety checkpoints and anti-DWI saturation patrols operated by the New Jersey State Police and local law enforcement departments. Quite frankly, as drunken driving defense lawyers representing drivers in Monmouth, Sussex, Passaic and Ocean County, there is no good reason to risk one’s future by getting behind the wheel of a car, truck or motorcycle while impaired by alcohol or other substances.

While driving under the influence of alcohol or doctor-prescribed medication may not be a motorists primary intention, the chances of being stopped for a minor traffic infraction raise the possibility of being slapped with a DWI summons. The best way to avoid this scenario is to avoid driving any time one has had something alcoholic to drink; calling a cab, getting a ride from a sober friend or family member, or just staying put over night is by far the better course, than to find oneself with summons in hand and a court date pending.

Some of the most common police traffic stops, such as illegal turn or failure to maintain one’s lane, can end up with a driver arrested and charged with driving under the influence. Whether the charge is alcohol-based or a drug DUI — such as prescription meds or illegal substances like cocaine or marijuana — the potential conviction can cost a driver plenty in terms of monetary fines and even jail time, depending on the circumstances.
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February 5, 2012

Union County Police Blotter: Cranford, NJ, Police Arrests include DWI, Drug DUI and Underage Drinking

by Jonathan F. Marshall

Regardless of which county one drives in — Passaic, Middlesex, Union or Mercer — a drunk driving arrest is only an errant lane change away, or for that matter a burned-out headlamp or rolling stop. The fact of the matter is, here in the Garden State, driving with even a couple drinks under one’s belt can quickly become a trip to police headquarters for a breathalyzer test and possible booking on charges of driving while intoxicated.

Naturally, drunken driving is one of the many traffic offenses out there, but impaired driving due to prescription medications or illicit drugs (drug DUI) are other ways in which a driver can find him or herself in trouble with the law. As New Jersey DWI defense lawyers, I and my colleagues have represented numerous motorists charged with driving under the influence of beer, wine or hard liquor.

As experienced drunken driving defense attorneys, my firm handles numerous drunken driving and drug DUI cases, as well as breath test refusal and underage drinking offenses. No matter where one lives or works in New Jersey, being arrested for DWI or DUI can be a serious matter and not to be taken lightly. The following police blotter items illustrate some of the typical drunk driving-related and other police arrests that occur on a regular basis throughout the state.
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February 2, 2012

Bergen County DWI Update: Drunken Driving Conviction Can Lead to Revoked NJ Driver’s License

by Jonathan F. Marshall

If there is one thing that most people need to live and work in our modern age, outside of food and lodging, it might be a valid driver’s license. From the day we receive our learner’s permit — and later a full-fledged license — we begin to value the freedom of movement that driving a car or truck provides. However, for many people, the state can revoke, suspend or otherwise withhold a motorist’s driving privileges for certain convicted offenses.

Whether one lives in Monmouth, Ocean or Sussex County, for those caught up in a drunken driving arrest it is not so far flung of a statement to suggest that a temporary, and sometimes long-term, loss of their New Jersey driver’s license could be in the offing depending on the nature of the charges and the driver’s history of DWI, drug DUI, or other impaired driving offenses.

Considering the freedom and independence that a license imparts to an individual, it’s hardly worth tempting fate with a drunk driving arrest, much less a potential conviction. Still, circumstances can arise leaving a driver in the unenviable position of losing his or her driver’s license based on a local court’s ruling following a guilty verdict or guilty plea regarding charges of driving while intoxicated, or operating a motor vehicle while impaired by prescription medication.
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February 1, 2012

Red Bank, NJ, DWI Defense Update: High Breathalyzer Reading Not Always Precursor to Drunk Driving Conviction

by Jonathan F. Marshall

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 Monmouth 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, relationships 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, it is a good idea to consult with a qualified drunk driving defense lawyer before stepping foot into a courtroom.

January 28, 2012

New Jersey Drunken Driving Defense Update: Driver’s License Suspension Possible following DWI or DUI Conviction

by Jonathan F. Marshall

It’s not surprising, with all the anti-drunken driving campaigns that target potentially impaired Garden State motorists every year, that New Jersey law enforcement agencies and our court system hold little love for drivers convicted of DWI or drug DUI. While use of illicit drugs, such as cocaine and marijuana, by some drivers is seen by police officers on a weekly basis, impaired driving as a result of alcohol consumption is likely much more common by the average citizen.

As New Jersey DWI defense lawyers, I and my staff of experienced drunken driving attorneys understand how quickly a driver can find him or herself on the receiving end of a DWI or DUI summons. When that day comes, it’s a good idea to consult with a qualified DWI attorney to better understand one’s options.

Naturally, it’s a given that being convicted of operating a motor vehicle while intoxicated or otherwise impaired by alcohol, prescription drugs or other illegal substances (also know as controlled dangerous substances (CDS), will likely include some serious sanctions — namely heavy fines and other monetary penalties. But in addition to these financially costly penalties, the courts also have the ability, in many cases, to include a license suspension as part of the list of penalties the defendant will have to bear.

From the standpoint of fees, in general, anyone who is convicted of drunken driving in New Jersey can face fines upward of $1,000 for a single instance and penalties (including surcharges to a driver’s insurance premiums) of possibly $4,000 to $5,000 or more over the course of three years. This includes numerous fees for the DWI Enforcement Fund, MVC Restoration Charge, potential out-patient counseling, Safe Neighborhood Fund, Violent Crime Compensation Board Fund, not to mention court costs.
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January 25, 2012

Middlesex County DWI Update: A Look at Penalties following a New Jersey Drunken Driving Conviction

by Jonathan F. Marshall

We recently discussed the seriousness of a teenager’s conviction for underage DWI. While every parent faced with this type of situation should be rightly concerned, there are other areas of drunken driving defense law that one should also be cognizant of, such as the penalties and fines that adults can face following an arrest for driving under the influence of alcohol or prescription drugs (drug DUI).

As a New Jersey DWI defense lawyer, I can say that a conviction for operating a motor vehicle while under the influence — either by controlled dangerous substances (CDS) or alcohol — can carry with it some rather severe penalties. Anyone who is arrested for, charged with or accused of a DWI or drug DUI offense should seriously consider seeking the counsel of a qualified legal expert in the area of drunk driving law. An aggressive defense is important to pursue considering the harsh penalties and fines that New Jersey courts tend to levy on those convicted of drunken driving.

For individuals who are convicted of, or who plead guilty to, DWI or drug DUI charges, depending on the particular circumstances a defendant can face jail time, heavy fines, loss of their driver’s license, and the addition of future premium surcharges on their car insurance policy. Of course, penalties following a drunk driving or DUI conviction are dependant on whether that particular conviction is the individual’s first, second or subsequent DWI-DUI offense.
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January 20, 2012

Bergen County DWI News: Midland Park Police Officer Charged with Drunk Driving following DUI Demo

by Jonathan F. Marshall

Having worked both sides of the aisle — previously as a municipal prosecutor and now as a defense attorney — I understand the methods and strategies that the state’s attorneys employ to attain drunken driving convictions in court. As New Jersey DWI defense lawyer, I and my colleagues represent all manner of clients, many of whom have been accused of driving while intoxicated, operating a motor vehicle under the influence of prescription medications (drug DUI) and even illicit drugs, such as cocaine, methamphetamine and marijuana.

One thing we know, as drunk driving defense attorneys, is that a DWI arrest (much less an actual conviction for impaired driving) can greatly affect one’s future employment, social standing, and family/marital relationships. While we understand that a drunk driving arrest is not desirable by any means, we also know that this does happen to many people, from all walks of life, and nearly every profession.

Surprisingly, even police officers can end up being arrested for drunken driving. From my years as a prosecuting attorney, I have a great respect for the hard work and dangers faced by our law enforcement officer every day. On the other hand, as a DWI defense attorney, I understand how easy it is for motorists to be accused of drunken driving here in the Garden State. What I cannot abide is when patrolmen and other officers of the court flout the very laws they are sworn to uphold and enforce.