DWI Stops

May 28, 2011

Morris County, NJ, Legal Defense: Is Hiring a New Jersey Drunken Driving Lawyer Really Necessary?

Whether you’ve received a summons for driving while intoxicated or been arrested for prescription drug DUI, there’s a good chance that you’ve been wondering if a drunken driving defense attorney is worth the expense. It makes little difference whether you live in Morris, Ocean or Middlesex County, if you’ve been stopped by the NJ State Police or a local patrol officer, the resulting drunk driving arrest and possible conviction can complicate most anybody’s life.

Because there is so much to lose as a result of being convicted for drunk driving or illicit drug DUI, it’s a good idea to consult with an experienced DWI attorney to find out where you stand. Penalties for driving under the influence of alcohol, marijuana or other controlled dangerous substance (CDS) make it almost imperative to hire a drunken driving defense lawyer.

Maybe a recently traffic stop resulted in a DWI arrest, or perhaps a motorist received a summons for being intoxicated while parked on the roadside, the initial question one must ask is, “Was I really drunk?” The answer to this question is maybe yes, but maybe no. It all depends on the facts and the way in which the police conducted the initial traffic stop and subsequent DUI arrest.

Considering whether or not a DWI charge was warranted, a drunk driving defense attorney can look at all the specifics involved in the case and determine if a conviction is likely. Maybe it is, but one thing is certain, as with any aspect of the law a drunk driving conviction relies on a variety of factors and no outcome is ever written in stone.
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May 23, 2011

New Jersey Legal Defense: Male Drivers Not Only Group Found Drinking and Driving

by Jonathan F. Marshall

As DWI defense attorneys here in the Garden State, we can certainly say that the male contingent is not the only sector of the driving public who has a history of drunken driving arrests. While some may argue that men are more likely to be cited for driving while intoxicated, it’s actually understood that as a group female motorists are being stopped for impaired driving more often than, say, ten years ago.

As New Jersey drunk driving defense lawyers, I and my colleagues have defended numerous clients, many of them women, who have been accused of driving under the influence. It wouldn’t be a stretch to say that many people have made the mistake of getting behind the wheel of a motor vehicle after taking a few drinks. Of course, there are certainly fewer individuals out there who would consciously decide to drive while legally drunk, if they knew that they would end up in a courtroom accused of DWI.

The penalties for driving under the influence of alcohol or prescription drugs here in New Jersey can be quite heavy. And as we’ve seen over the past several years, women and men are constantly being introduced to what it’s like to be stopped for DWI. It wasn’t long ago that news articles, were heralding the new trend in drunk driving, that of female drivers being arrested on the highways and city streets.

May 18, 2011

Morris County, NJ, DWI-DUI News: Kinnelon Police Arrest 2 People for Marijuana Possession in Vehicle

by Jonathan F. Marshall

While some people may feel that being arrested for impaired driving only happens to those who drink and drive, DWI or more specifically, DUI, can also pertain to motorists stopped by police and found to be under the influence of a controlled dangerous substance (CDS), such as cocaine or marijuana. drug DUI, which can also apply to individuals determined by the police to be impaired by prescription medication, is relatively common in the Garden State.

As New Jersey drunk driving defense lawyers, I and my colleagues understand how a causal user of marijuana could be charged with possession of marijuana, or weed, while driving their vehicle in Middlesex, Monmouth or Ocean County. Not surprisingly, the New Jersey legal system applies the same strict enforcement of DUIs as it does DWIs. While the substance may be different, a CDS instead of beer, wine or hard liquor, the penalties can be just as severe.

A news article not long ago illustrated what can happen when a driver is stopped by police and found to have been using an illicit drug while operating a motor vehicle. According to news reports, two people were arrested by police and charged with marijuana possession in Morris County apparently following a routine traffic stop.

May 15, 2011

Union County DWI News: New Jersey DWI and Drug DUI Police Blotter

by Jonathan F. Marshall

As New Jersey DWI defense attorneys, we find reports of drunk driving arrests in the media nearly every day of the week. Whether you live in Bergen County, Hudson County or Mercer County, the odds of a driver being pulled over and charged with driving while intoxicated increases with enhanced drunken driving enforcement patrols.

While many DWI arrests take place as a result of a seemingly minor traffic offense, many other motorists are picked up for drinking and driving as a result of sobriety checkpoints. Still others are arrested for being intoxicated while sitting in a parked vehicle. The following news items from Union County are just a couple of the typical arrest reports that transpire every week in the Garden State.

Kenilworth

May 9, 2011

Union Township Drunken Driving News: Prosecutors Upgrade Charges to Vehicular Homicide following Warren DWI Accident

by Jonathan F. Marshall

Multiple drunk driving arrests, not to mention numerous DWI convictions can prove to be quite damaging to one’s driving record, much less an individual’s personal relationships, business career and standing in the community. Here in Monmouth County, just like in Ocean, Sussex and Bergen Counties, a driver who causes an accident while under the influence of alcohol faces a difficult uphill battle in the state’s legal system.

As a New Jersey drunk driving defense lawyer, I understand how a traffic accident complicates a driver’s DWI or drug DUI defense case. In situations where a death is also involved, the courts have little empathy for a defendant who is found to have gotten behind the wheel of his or her automobile in an impaired or drunken state.

A DWI-related traffic fatality is a much more serious issue than is a simple case of being stopped for a minor traffic violation. To say the least, a person in such a situation should definitely consult with a qualified legal professional. A circumstance that might call for an experienced DWI attorney was recently reported in the news.

According to reports, charges of driving under the influence levied against a Union Township resident were escalated to that of vehicular homicide in the case of a fatal accident along Interstate 78 last year in Somerset County. Based on news reports, a five-month police investigation resulted in serious charges being pressed against 38-year-old Amie Marroccelli in connection with a deadly car crash in Warren, NJ, last October 10.

Based on police reports at the time, Marroccelli was driving a BMW east along a stretch of I-78 just before 8pm when the woman’s vehicle hit the driver’s side door of a Subaru being operated by 22-year-old Steven Wall, who was also headed east. The impact between the two vehicles caused Wall’s vehicle to spin then leave the roadway and, sliding down an embankment, striking a tree. Wall eventually died from injuries he sustained in the crash that evening.
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May 6, 2011

Bergen County DWI Update: Could Drivers Someday be Arrested for Drowsy Driving Just Like DUIs Today?

by Jonathan F. Marshall

Today, it’s not uncommon for a fatigued driver to be stopped by a New Jersey State Police trooper for failure to maintain a lane, possibly caused by drinking and driving. But unlike a motorist who fails a field sobriety test and then blows over 0.08 on a breathalyzer test, a drowsy driver has a good chance of getting off with a warning.

Now, no one will argue that nodding off on the highway is a dangerous and potentially deadly situation for any driver, but does it rise to the level of drunken driving and drug DUI? Here in the Garden State it is already a criminal offense when drowsy driving leads to a fatal traffic accident. But in some circles, populated by various experts and law enforcement officials, the desire still exists to penalize drowsy drivers to the same extent as those motorists found guilty of driving while under the influence of alcohol or prescription medication (also known as drug DUI).

There are facts to bakc this up. in a study dating back to 1995, AAA Mid-Atlantic Inc. found that driving with no sleep for 24 hours was akin to having a blood-alcohol content (BAC) of 0.10 percent, more than the legal limit for DWI in New Jersey. Around that same time, the National Highway Traffic Safety Administration (NHTSA) estimated that drowsy driving was to blame for about 100,000 crashes, more than 70,000 injuries and nearly 1,600 fatalities annually across the U.S.

Consider the similarities, as many experts have. While driving home tired after working the graveyard shift, a driver might try to squeeze in a few extra miles instead of stopping at a rest area. Bleary-eyed and perhaps not on top of his or her game, it is possible for a motorist to appear drunk on the road. The same can be said of long distance driving with not enough shuteye time.

As New Jersey drunken driving defense attorneys, we have a great deal of experience representing individuals accused of operating a motor vehicle while intoxicated. But is working a double shift then driving home a little fatigued the same as getting behind the wheel of an automobile after having one too many shots at a bar? Legally, these two may begin to converge.

As stated above — just like DWI, prescription drug DUI, or impaired driving as a result of using a controlled dangerous substance (CDS) such as marijuana or cocaine — the consequences for killing another person while under the influence are quite severe.
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May 3, 2011

Monmouth County Drunk Driving News: Court Revisits Reliability Issues with Alcotest Breath Test Device

by Jonathan F. Marshall

Earlier this year the courts were faced with a potential problem affecting the reliability of the Alcotest device, which is used extensively throughout New Jersey to measure the blood-alcohol content (BAC) of suspects arrested for alleged drunken driving. As many people know, breathalyzer machines provide one of the main pieces of evidence that a motorist was operating his or her vehicle under the influence of alcohol.

Although not used in all drunk driving cases, the use of these breath test devices make up a significant percentage of DWI convictions in Bergen, Middlesex, Ocean and Morris County.

As New Jersey drunk driving defense lawyers, I and my colleagues possess an extensive understanding of the Alcotest machine, its maintenance and operation. Certainly to have these devices under close examination raises many questions about those DWI convictions on which possibly faulty BAC measurements were based, in whole or in part.

According to news articles, some facets of the Alcotest machine’s reliability were ordered to be re-examined by a Monmouth County court within two months from a state appeals court decision at the beginning of April. It was not unexpected that any ruling requiring further investigation into the quality of the device’s measurement capability would likely cause a delay in the prosecution of DWI-related cases where the defense presented a challenge to the proper calibration of these machines — specifically the quality of a temperature probe used to maintain proper operation of the Alcotest model 7110 MKIII-C.
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April 30, 2011

New Jersey Legal Defense News: Bridgeton and Holmdel Police Report DWI, DUI, Marijuana possession Arrests

by Jonathan F. Marshall

As New Jersey drunken driving defense attorneys my firm understands how dozens of drivers every week end up being arrested for driving under the influence of alcohol, controlled dangerous substances (CDS), and even prescription medications (drug DUI). It makes little difference where you live, be it Bergen, Morris, Atlantic or Middlesex County, the police are constantly on the lookout for potentially drunken drivers.

Over the years, driving while intoxicated (DWI) has become a serious offense in the Garden State, not to mention all across the U.S. Law enforcement agencies and the court system takes a dim view of motorists who get behind the wheel of a motor vehicle while under the influence of beer, wine and hard liquor. Of course, the state’s strict enforcement of and penalties for drunken driving does not alter the fact that anyone arrested and charged with a DWI or DUI is considered innocent until proven guilty.

As a former municipal prosecutor, I am well aware of the procedures and strategies used by the state to gain a drunk driving conviction. The following news items are a sampling of typical DWI and DUI arrests that can lead up to possible convictions for impaired driving and breath test refusal, among others.

Bridgeton
In a possible case of marijuana possession in a motor vehicle, a 26-year-old local resident was allegedly sitting in a vehicle in front of his home when police officers approached the car. According to police reports, the suspect then got out of the vehicle, at which time the patrolmen observed a bag of what they suspected was marijuana hanging from his pocket. After searching the man’s person, officers found additional marijuana on the suspect totally just over 30 grams. The man was arrested and charged him with possession of less than 50 grams of marijuana and possession of drug paraphernalia. He was placed in Cumberland County Jail in lieu of bail.

In another incident, a 41-year-old Bridgeton woman was involved in a traffic accident near the intersection of Burlington Ave. and E. Commerce St. According to police reports, the woman apparently left the scene of the crash on foot, but was apprehended a short while later. Officers apparently detected evidence of alcohol on the suspect’s person and she was arrested and charged with DWI. No injuries occurred as a result of the crash and the woman was released on her own recognizance.
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April 28, 2011

Monmouth County DWI Defense: Things to Consider Following a Drunk Driving Arrest in New Jersey

by Jonathan F. Marshall

Whether you live or work in Ocean, Sussex, Bergen or Union County, it’s likely that nobody expects to be pulled over by police and arrested on charges of driving under the influence of alcohol. Here in Monmouth County, as in the rest of the Garden State, I and my staff of experienced DWI defense attorneys fully understand the anxiety and trepidation that follows a drunken driving or drug DUI police stop.

For first-time drunk driving arrestees, and even those picked up for driving under the influence of prescription medication or illicit drugs such as marijuana, the experience can be a shock. But more than that, not taking action and leaving one’s fate in the hands of the court is something that no one should allow to happen, if they can help it.

Of course, second and third-time offenders have a different set of circumstances to deal with, but in general, we always recommend that motorists consult with a qualified DWI lawyer. The reason is simple: being cited for impaired driving — whether allegedly due consumption of beer, wine or hard liquor; prescription pain medication or a controlled dangerous substance (CDS) — is nothing to be taken lightly.

Careers, marriages, and reputations have been ruined by drunken driving and DUI convictions. Of course, being arrested for driving while intoxicated can happen night or day. It usually, but not always, happens with a seemingly routine police stop for a supposedly minor traffic infraction — something as insignificant as a faulty taillamp. Other times it can come at the location of a drunk driving roadblock (also known as a sobriety checkpoint).

Regardless of the circumstances, once charged with a DWI one should as a matter of course contact a DWI-DUI defense attorney. My office has handled enough DWI cases and spoken with so many people charged with DWI or DUI that we know it’s not a wise idea to represent yourself in front of the court. Not only can the process of fighting a DWI arrest be confusing to the first-time defendant, there is no way that a layperson can come fully prepared to face the court – at least, not like one can with a qualified DWI defense lawyer at one’s side.
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April 24, 2011

Boating Under the Influence in New Jersey Not Unlike Driving While Intoxicated on the Road

by Jonathan F. Marshall

With summer not far away, it’s not too soon to mention that boaters, like motorists on land, need to watch their alcohol consumption if they plan to be piloting their watercraft this year. While it may be fin to hear the strains of, “What do you do with a drunken sailor?” New Jersey’s law enforcement agencies are just as strict about boating under the influence (BUI) as they are driving while intoxicated (DWI).

What many people don’t always understand is that the same standards governing drinking and driving for landlubbers applies as much to captains of watercraft. As New Jersey drunk driving defense lawyers, we know the law. No matter if you’re on an inland lake or running just offshore along Atlantic, Ocean or Cape May County, as the pilot of your boat if you’ve been drinking you could be charged with DWI.

Just as a driver of an automobile, a boater whose blood-alcohol content (BAC) is over 0.08 percent, you can be arrested. And the same applies to drug DUI and breath test refusal. The reasons for this are simple; the statutes governing drunk driving on land are nearly the same as those for operating a boat when inebriated. DWI penalties for drunken boating are also quite similar.