DWI Stops

July 31, 2011

NJ Drunken Driving News: Could Boosting Fines for Stay-Right Traffic Law Increase DWI Arrests?

It should come as no surprise that many drunk driving arrests arise from another, sometimes simple, traffic violation. Whether or not a driver is pulled over in Union, Passaic or Somerset County, a traffic stop can result from something as seemingly minor as a failure to signal a lane change. But once that motorist has been pulled over for a small traffic infraction, the officer in charge has the opportunity to examine the driver for signs of intoxication.

As New Jersey DWI-DUI defense attorneys, I and my staff of experienced drunk driving defense lawyers understand what goes into making a successful DWI conviction, or an acquittal. As a former municipal prosecuting attorney, I have worked the other side of the aisle, which gives me additional insight into the strategies and tactics that the state uses to attain a conviction.

Of course, the process all starts out on the street, typically after the aforementioned and, for the officer, routine traffic stop. While a percentage of DWI arrests stem from sobriety checkpoint encounters, most can be said to take place when a patrolman observes a violation in progress. One of the potential violations is not keeping to the right, except to pass.

While it is difficult to know how often State Police and local patrolmen see a vehicle not adhering to the stay-right law and don’t stop that car or truck, it’s a fair bet that where there’s money to be made (read: increased fines), there is potential for increased enforcement.
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July 30, 2011

DWI Legal Defense Update: Do You Really Think You’re Safe with a BAC Below 0.08 Percent?

by Jonathan F. Marshall

First off, and we’ve said it here countless times, whether a motorist is arrested and charged with DWI in Atlantic, Essex, Hudson or Bergen County, the consequences of a drunken driving conviction are the same across the Garden State and a conviction can be very damaging to an individual’s personal relationships, business career and standing in his or her community. With that said, it’s important to mention that being charged with DWI and being convicted for drunken driving are two separate things.

Drunk driving penalties aside, no one wants to have a DWI or drug DUI on their record. And while most people would choose to fight an impaired driving charge in court, the ones who go it alone take a big gamble without representation. In fact, there are instances where a motorist may not think that he or she has much to worry about because their breath test results were under the so-called legal limit of 0.08 percent blood-alcohol content (BAC), yet the prosecution may have the upper hand.

As New Jersey DWI defense attorneys, we know drunk driving law and see it in action on a daily basis. Being familiar with the various jurisdictions across the state can also be an advantage, although the law is the same regardless of the county in which one is arrested. We also handle drug DUI cases, which can include impaired driving while on prescription medication, as well as marijuana possession in a vehicle and other kinds of DUI, such as those cases related to use of controlled dangerous substances (CDS).
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July 22, 2011

Bergen County DWI Arrest News: Police Charge Drunken Driver after Motorist Hits Pedestrian at Meadowlands

by Jonathan F. Marshall

It appears that many of the stories we find in the news these days involve accused drunken drivers who have become involved in a car or truck accident as a result of their alleged alcohol consumption or use of prescription medication (drug DUI). A smaller percentage of accidents also involve individuals accused of illegal drug use, such as marijuana or cocaine (otherwise known as controlled dangerous substances, or CDS for short).

Regardless of whether a motorist lives or works in Sussex, Monmouth, Ocean or Passaic County, the aftermath of a potential DWI or drug DUI conviction can haunt a person for years following the initial incident. For this very reason it is always a good idea to retain the services of a competent and qualified drunken driving defense lawyer, if only to determine what your options might be following a DWI arrest.

For those picked up by police for drunk driving as a first offense, it may seem too easy to accept the penalties and plead guilty, while under the false impression that only one DWI conviction will not cause too much upheaval in one’s life. Or those people who believe this is the best approach to a DWI-DUI arrest or summons, we couldn’t disagree more.

To start, accepting a guilty plea for a first-time drunken driving offense may seem to be the easiest way to go — and believe us, it is for the prosecuting attorney handling the case — this is not going to make one’s life easier. The penalties for a first offense may be slightly less than a second or third DWI offense, but the impact to one’s auto insurance rates as well as the potential damage to one’s personal and business reputations could be catastrophic.
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July 19, 2011

Following Fatal Garden State Crash, Brick Township PR Official is Charged with DWI

by Jonathan F. Marshall

If we’ve said it once, we’ve said it a thousand times; a drunk driving defense is only complicated when the DWI arrest is associated with a traffic accident. It makes little difference whether one lives in Bergen, Middlesex, Mercer or Atlantic County, when you throw in an injury or fatality along with a drunken driving accident the job of the DWI defense attorney is made that much more difficult.

Still, despite our suggestions to avoid driving while intoxicated, dozens of motorists every week are arrested here in the Garden State for operating a motor vehicle while impaired by alcohol or prescription medication (drug DUI); some of the individuals also become involved in what can only be termed DWI-related traffic accidents; some of which are fatal crashes, while others may entail only minor injuries.

Of course, as stated previously, killing another individual while allegedly under the influence of beer, wine or hard liquor is not a situation anyone wishes to be in. But it does happen, and with greater frequency than many people might guess. Not long ago, a Brick Twp. employee was charged with driving while intoxicated when he allegedly caused a traffic accident that left a teenager dead.

Based on news reports, 53-year-old Patrick Doyle of Ocean County was reportedly headed south along a stretch of Jordan Rd. when he attempted to pass a second vehicle on the two-lane road just after 10pm in the evening. In the process of the maneuver, police reports indicated that Doyle’s vehicle entered the northbound lane, at which point the man’s car allegedly struck the youngster who was on his skateboard near the shoulder of the roadway.
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July 16, 2011

DUI Legal Defense Update: Jersey Law Enforcement Agencies Step Up Anti-BUI Drunken Boating Patrols

by Jonathan F. Marshall

As New Jersey drunken driving defense attorneys we won’t argue that mixing alcohol with boating can lead to disaster, but at the same time it is certain that many people who are arrested for drunken boating (boat DUI or “BUI”) may have been falsely charged. Of course, if this is the situation then a person must take their case to court. Why? Because BUI has the same implications and potential penalties as driving a motor vehicle while intoxicated.

Drunken boating offenses, like that of drunk driving, are enforced by state and local police agencies. During enhanced BUI enforcement periods, anti-drunk-boating patrols can be manned by a combination of local police, New Jersey State Police and the United States Coast Guard (USCG). Just like the campaign that recently concluded, named “Operation Dry Water,” the USCG and New Jersey State Police teamed up to seek out boat operators whose blood-alcohol content (BAC) levels exceeded the national legal limit of 0.08 percent.

As many people already know, 0.08 percent is the identical value that can put a four-wheeled motorist on a course for a DWI conviction. In fact, according recent stats from the USCG, BUI is the main causal factor when it comes to fatal boating accidents — based on those figures, say news articles on the subject, 17 percent of private watercraft deaths can be traced directly back to some kind of alcohol consumption or drug use prior to the fatal accident.
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July 13, 2011

July 4th Holiday in Ocean County Nets Lacey Twp. Police with 6 Drunken Driving Arrests

by Jonathan F. Marshall

The 4th of July holiday is always a popular time for family and friends to visit the Jersey Shore and enjoy parties and reunions. At times like these, it is inevitable for beer, wine, mixed drinks and hard liquor to be available. As New Jersey drunk driving defense attorneys, I and my colleagues always recommend that people attending such activities have a plan for getting home, or to the next party.

A designated driver is usually a good choice to ensure a sober ride home, not only for one’s safety and peace of mind, but also to avoid situations like the ones we read about in the news almost every day during the summer. This time of year, not only do residents of the Garden State know that you can find a party almost anywhere, but the New Jersey State Police and local municipal patrolmen know that a percentage of drivers on the road are going to be legally drunk.

Keeping tabs on the public roads, it’s not uncommon to see an increase in the number of anti-DWI police patrols looking for potentially drunken drivers. According to news articles, the Lacey Township Police Department arrested half a dozen motorists for driving under the influence during the holiday weekend. What may have been somewhat surprising was that there were not more summonses issued to motorists who may have been operating their vehicle while impaired by alcohol or prescription drugs (drug DUI).

Based on reports, the following traffic stops were made, all of which ended up as DWI-related offenses, in addition to the initial offense. As most people know by now, a police officer must have a valid reason to stop an individual in order to eventually arrest a driver for driving while intoxicated. A DWI arrest usually precipitates from a routine traffic stop for some seemingly minor offense, such as improper turn, burned out tail lamp or failure to maintain one’s lane.

Police reports indicate that a 20-year-old Ocean County driver was stopped following a report of a vehicle being hit along a stretch of Haines St. in Lacey. The driver was charged with drunken driving as well as operating a motor vehicle under a suspended driver’s license, driving with no valid insurance coverage, and operating a vehicle that had no valid registration.
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July 10, 2011

Camden County, NJ, DUI-DWI Defense News: Winslow Twp. Police Tally Drunken Driving Arrests

by Jonathan F. Marshall

No one should be too surprised to learn that the Click It or Ticket traffic safety campaign here in the Garden State caught more than the occasional unbelted motorist. As New Jersey DWI defense lawyers, I and my colleagues know that the seat belt use law can result in police officers catching potentially drunken drivers as well.

In addition to the state’s use of sobriety roadblocks and drunk driving checkpoints in the late evening and early morning hours, the latest seat belt enforcement campaign is likely to result in numerous intoxicated driving arrests and possibly a number of convictions for driving under the influence of alcohol. Of course, those individuals who take the wheel while impaired, either knowingly or unknowingly, by the effects of prescription drugs can also be arrested for driving under the influence (drug DUI) just as easily.

A while back, the township of Winslow, NJ, announced the results of their part in the national safety belt enforcement effort, sponsored New Jersey’s Division of Highway Traffic Safety, and which lasted from late May through early June of this year. The statistics bear out the relative success of the campaign. In Winslow Township alone, police officers gave out more than 400 traffic summonses.

Of those tickets, almost one-third were for primary seat belt violations, which may come as a surprise given the marketing that went into this effort. In addition, 32 tickets were issued for excessive speed and another 30 were fore driving on a suspended license. Nine drivers were arrested for operating a motor vehicle while intoxicated (DWI) and six people were taken into custody for drug-related offenses, such as marijuana possession.
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July 7, 2011

Bergen County News: Saddle Brook Police Department begin Enhanced Summer Drunken Driving Enforcement

by Jonathan F. Marshall

For anyone who hasn’t already noticed an increased police presence on New Jersey roadways this summer, it’s that time again for stepped up drunken driving enforcement throughout the Garden State. What this means is that towns like Saddle Brook, NJ, will have their police officers working diligently to pickup motorists suspected of driving under the influence of alcohol, doctor-prescribed medications and even illicit drugs like marijuana and cocaine.

As drunken driving defense lawyers representing Garden State residents against charges of impaired driving, breath test refusal and possession of controlled dangerous substances in their vehicle, I and my colleagues understand the many and varied ways that a driver can be stopped and arrested for DWI and drug DUI. With the warm weather upon us and college students home for summer break, it’s a foregone conclusion that drunken driving arrests will be on the increase throughout New Jersey counties, such as Mercer, Hudson, Essex and Ocean.

According to news articles, police departments in many towns and municipalities will be steeping up their anti-drunken driving patrols. Actually, these latest push is tied to the so-called “101 Days of Summer” DWI campaign in which increased police patrols (sometimes known as saturation patrols) will be used in an attempt to counteract the swelling of New Jersey’s summertime population.

Police departments across the state will be carrying out similar efforts to the one detailed in a news article about the Saddle Brook Police Department’s latest endeavor to catch and prosecute drunk drivers. As a former municipal prosecutor myself, I understand the strategies used by law enforcement and prosecuting attorneys to effect arrests as well as DWI convictions.
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July 4, 2011

Police Blotter: Monmouth County, NJ, Drunken Driving and CDS-related Arrests in Middletown

by Jonathan F. Marshall

As New Jersey drunken driving and drug DUI attorneys, my legal staff has a great deal of experience defending residents of Bergen, Middlesex, Sussex and Passaic County against charges of DWI and drug DUI, not to mention marijuana possession and related offenses. While the circumstances of each drunk driving case vary to a great extent, the consequences and potential penalties are usually more predictable.

Being DWI defense lawyers, we can say unequivocally that a drunken driving or drug-related DUI arrest, much less a conviction, can cause serious problems for many people in terms of their careers, personal relationships and standing in their neighborhood or local community.

The following news items from around Monmouth County are just several of the dozens of arrests that take place every day across the Garden State. They illustrate the variety of drunk driving and prescription medication DUI reports that police officer files on a daily basis. The resulting penalties for those individuals who are found guilty in a court of law can be costly in financial terms as well as changes that they cause to a person’s livelihood and lifestyle.

In the early hours of a Sunday morning, a local police officer pulled a vehicle over along a stretch of Oak Hill Rd. after he observed the car had a headlamp, taillamp or marker lamp violation. Upon interviewing the 20-year-old local driver at the roadside, the patrolman apparently detected evidence of intoxication and/or alcohol consumption by the motorist. The man was subsequently arrested and charged with driving under the influence of alcohol. The suspect was taken into custody, transported to the local police department and processed. He was reportedly released pending a later court appearance.
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June 30, 2011

Toms River Legal Defense News: Ocean County to Increase Drunken Driving Checkpoints to Curb Summer Accidents

by Jonathan F. Marshall

Now that summer is in full swing here in the Garden State, there are numerous occasions to celebrate; family gatherings, company outings, and after-work events in restaurants and bars throughout the state. Although the state police and local law enforcement agencies have been doing their part to curb the amount of drinking and driving on New Jersey roadways for years now, every week dozens of drivers are charged with DWI or impairment due to prescription medication (drug DUI).

As drunken driving defense lawyers representing people in Bergen, Monmouth, Passaic and Atlantic County, as well as the rest of the state, we understand fully the negative impact that a drunk driving conviction can have on a person’s career and personal life. It isn’t just the monetary hit that a driver takes following a sentence for first-time DWI or drug DUI. A driver’s insurance rates will automatically go up significantly and remain there for several years.

One of the places that drivers get arrested for drinking and driving is the all-too-common sobriety checkpoint. Also known as a DWI or drunken driving roadblock, these temporary checkpoints are erected by police in areas that typically have a high incidence of DWI or DUI arrested. This fact is the justification for state and local police to set up a roadblock in order to assess drivers’ sobriety one at a time.

According to news reports, New Jersey, along with other states across the country, will be participating in a continuation of what has become a summertime staple — the DWI checkpoint program. This ongoing program includes the operation thought our state of multiple checkpoint locations in various counties, such asOcean County. Sobriety roadblocks reportedly work by supplementing local police enforcement of drunken driving laws.
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