DWI Stops

April 21, 2011

Morris County Police Arrest New Jersey Drivers for Drunken Driving and Marijuana Possession

As the weather becomes increasingly more pleasant here in the Garden State, the promise of warm spring days and summer evenings will bring about the inevitable house parties and family get-togethers. Part and parcel with these occasions is the always plentiful selection of beer, wine and hard liquor. While most people temper their drinking with the understanding that a drunken driving arrest and possible conviction is not desirable, it may not always be obvious that a driver has had more than his or her legal amount of alcohol before heading home from a party.

In such cases, being pulled over by a police officer for a seemingly minor traffic offense could wind up in a full-blown DWI arrest. While I am always quick to warn family and friends to drink responsibly — and of course use a designated driver whenever the need arises — as a New Jersey drunk driving defense lawyer, I also understand the ways in which a motorist could end up being issued a summons for driving under the influence of alcohol, or even prescription drugs (drug DWI).

In my line of work, I can also say that a conviction for driving under the influence of alcohol can significantly impact an individual’s career, his personal life or even his standing in the community. The police in counties like Bergen, Ocean, Mercer and Union are constantly on the watch for potentially impaired drivers, and every week we read stories from local communities of police arresting intoxicated drivers.

The following are a few examples of typical news items that describe individuals stopped for traffic infractions and then arrested for DWI, prescription drug DUI, and possession of controlled dangerous substances (CDS), such as cocaine and other illicit drugs.

Morris County
A 21-year-old Dover resident was stopped by the police for drunk driving in the early morning hours along a stretch of Rte 24. The patrolman in charge arrested the man for drunken driving and was in the process of transporting the individual to police headquarters when he noticed a folder piece of white paper apparently on the subject’s person. After investigating the item, the officer determined that it contained an amount of marijuana. In addition to the DWI arrest, the man was also charged with possession of marijuana. He was released after processing and assigned a mandatory court date.
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April 18, 2011

DWI News: Bus Driver Arrested on New Jersey Turnpike; Fails Sobriety Test, Charged with Drunken Driving

by Jonathan F. Marshall

Speeding, weaving in and out of traffic, or running a stop sign are all ways that can get a driver killed, much less noticed by the police. While this kind of behavior can be interpreted in several different ways, law enforcement agencies tend to associate it with intoxication. In some cases they are right to do so. This is why a state trooper or local municipal patrolman will watch a potential drunken driving suspect for slurred speech, poor eye-hand coordination and other tell-tale signs of inebriation.

Here in Monmouth County, as in other areas across the Garden State, drunk driving is frowned upon by police and the courts. As New Jersey DWI defense attorneys, I and my colleagues are contacted frequently by people accused of driving under the influence of alcohol, prescription medication, and even controlled and dangerous substances (CDS) like cocaine and marijuana.

One thing all of us assume is that owners and operators of public and private transportation make certain that there drivers adhere to corporate rules and state and federal laws. Any commercial driver who is convicted of driving while intoxicated is likely to lose his or her job as a result, which would be a serious and life-changing event for someone in that field.

April 12, 2011

NJ Drunken Driving Arrest? Here’s Why You Might Need a New Jersey DWI Defense Lawyer

by Jonathan F. Marshall

Have you or a family member been arrested for drunk driving here in Monmouth County, or anywhere else in the Garden State? Whether you live in Union, Atlantic or Morris County, you may be asking yourself, “Why should I even consider hiring a drunk driving defense attorney? And, is it really worth it now that I’ve been charged with DWI?”

Maybe you were stopped for a minor traffic infraction and the officer ended up arresting you for driving while intoxicated. Perhaps you received a summons at a local drunk driving roadblock after having performed a number of field sobriety tests. Or maybe you got a ticket for being intoxicated while sitting in your parked car.

Whatever the situation, you should ask yourself some important questions. For instance, were you actually drunk? Maybe yes, maybe no. Was being charged with drunken driving actually warranted under the circumstances? Perhaps yes, or then again, maybe not. As with most other aspects of the law, not all drunken driving cases are completely open and shut.

As New Jersey DWI defense attorneys, I and my colleagues have counseled numerous clients who felt that they were unjustly accused. Although some may have broken the law, these individuals also understood the consequences and potential penalties associated with a DWI conviction. Wanting to improve the outcome of one’s DWI case is not so unusual.

We don’t worry so much about the people who seek us out, but we do share a concern for those motorists who choose not to speak with a qualified drunken driving defense lawyer. Some individuals believe that they deserved to be pulled over, or because the police have “positive” proof — via a breathalyzer or Alcotest machine — that it would be senseless to try and fight the charges. But this kind of thinking is just wrong. Everyone who is accused of breaking the law deserves to have their case heard in a court of law.

One of the main things that causes individuals to believe the state has solid evidence against them is embodied in the blood-alcohol content (BAC) breath or blood test results. But even with this kind of evidence in the hands of a prosecuting attorney, you need to be aware that “blowing” more than 0.08 percent BAC does not automatically mean you will be convicted for DWI. Never assume that because the breathalyzer registered a high BAC that you’re out of luck.
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April 9, 2011

Elmwood Park Police Arrest 9 Motorists; Charge 70 Others with DWI at Bergen County Sobriety Checkpoint

by Jonathan F. Marshall

Do drunk driving roadblocks enhance traffic safety and save lives? This is a question that people have been asking for many years. Here in the Garden State, criticism of sobriety checkpoints runs the gamut; from those who believe DWI and DUI roadblocks are highly effective in keeping intoxicated drivers off public roads to those who feel drunken driving checkpoints are a waste of taxpayer money and should be eliminated.

From our standpoint as New Jersey DWI defense attorneys, we can see both sides of the argument. But one thing is certain, drivers in Monmouth, Ocean and Sussex County continue to be arrested and ticketed for driving under the influence of alcohol, prescription medication and illicit drugs, such as marijuana and cocaine. Over in Bergen County the Elmwood Park police reported nine arrests during a recent DWI checkpoint; officers also issued 70 other individuals summonses for various other traffic offenses.

According to news reports, the mid-March drunk driving roadblock set up by local authorities ran from 11:30pm on a Friday night until 3:30am the next morning. The location of the checkpoint was along a stretch of westbound Rte46. Eight of those arrested were charged with driving under the influence; the remaining arrestee was charged with possession of a controlled dangerous substance (CDS).

April 6, 2011

NJ Supreme Court Says No to Using Breathlyzer Refusal Convictions as Proof of Prior Drunken Driving

by Jonathan F. Marshall

A 2009 appellate decision that looked to be a potential problem for individuals convicted of breath test refusal in New Jersey was reversed by the NJ Supreme Court earlier this year. Depending on the circumstances, a motorist who is pulled over for a traffic infraction can end up being cited for driving under the influence of alcohol. But, as many people already know, being arrested for drunken driving can also include a charge of breath test refusal if the motorist declines to provide a breath sample.

If the arresting officer suspects that the driver is drunk due to beer, wine or hard liquor consumption, he may request that the suspect take a breathalyzer test, also known as an Alcotest. As New Jersey DWI defense lawyers, I and my colleagues are certified in the maintenance and operation of the Alcotest device, which allows us to better argue the limitations of this machine and errors that can occur durin its use.

Should a driver refuse to take a breath test, or blood test, used by police to measure blood-alcohol content (BAC), the officer in charge is within his right to charge that person with breath test refusal. This has been a common course of action when a driver has chosen not to be tested. Until recently, the courts have not been allowed to treat refusal convictions as full-blown DWI convictions when considering a repeat driving while intoxicated offense. However the appellate case reviewed by the NJ Supreme Court had threatened to change all that.

According to court records, in the case of STATE v. CIANCAGLINI, the New Jersey Supreme Court unanimously rejected the appellate court ruling that would have turned previous breath-test refusals into proof of prior drunken driving. Had the Supreme Court not rejected that earlier ruling, it could have meant that hundreds, and maybe thousands of motorists who had previously been convicted of refusing to take a breathalyzer test in New Jersey would have found they had what amounted to the equivalent of a prior drunken driving conviction on their record.
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April 3, 2011

Jersey Legal Defense Update: A Look at Kids and Underage Drunken Driving Charges

by Jonathan F. Marshall

It’s no secret that the state of New Jersey has heavy penalties for motorists convicted of driving drunk on public roads. What many people don’t know, however, is that state law also has penalties for teenagers and other minors who arecaught driving under the influence of alcohol, or even possession of beer, wine or hard liquor.

As a New Jersey DWI defense lawyer, I and my colleagues know how serious it can be for anyone under 21 years old who is convicted of intoxicated driving. By law, a person must 21 or older to consume, buy or even be in possession of an alcoholic beverage. This includes any drink containing alcohol. Basically, underage drinking is strictly illegal here in the Garden State.

Both the police and our court system have little tolerance for underage drinking and possession of alcohol, much less underage driving. This why the legal consequences are fairly severe when it comes to operating a motor vehicle while intoxicated.

Even if a young person is not arrested for DWI, just being convicted of drinking alcohol as a minor can have an impact on that individual’s future driving privileges when he or she is eligible to begin operating a motor vehicle. As drunk driving defense attorneys for Monmouth, Ocean, Bergen and most other counties around the state, we understand the downside that underage DWI, consumption or possession of alcohol can have later in life.

Here in New Jersey, if a person under 21 years old is arrested for buying or drinking a can of beer or liquor of any kind in a business that is licensed to sell alcohol, that underage individual could receive a fine of $500, not to mention lose his of her driver’s license in the process — for up to six months. Parents of minors who are not yet driving need to think about this for a moment; even though a minor is not yet a licensed driver, any potential license suspension will begin as soon as that child is eligible to receive his driver’s license.
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April 1, 2011

New Jersey News: Legislators Fume over Smartphone Apps Identifying Drunken Driving Checkpoints, Sobriety Roadblocks

by Jonathan F. Marshall

Forget word of mouth, iPhones and Blackberrys are bringing more and more information to everyone’s fingertips. In the office, at home and in the car, smartphones do more than dial your lawyer after a drunk driving arrest. In fact, these devices have raised the rancor of some lawmakers around the country due to a peculiar type of app that millions of people seem to be taking advantage of.

As New Jersey DWI attorneys, we know that the state is legally bound to publish the times and locations of pending sobriety roadblocks, also known as drunk driving checkpoints. Even so, the Apple iPhone and other smart devices support programs that will also tell a driver when and where they might be stopped and ticketed for driving under the influence. But these methods are being criticized.

According to recent news reports, several U.S. senators have requested companies such as Google, Research in Motion and Apple to deep-six applications that help motorists avoid DWI-DUI checkpoints as well as speed traps. These applications — or apps, as they are better known — go by names like Trapster, iRadar and PhantomAlert. In fact, there are even other apps that reportedly tell drivers where red light cameras are situated and whether or not a driver is heading into a school zone.

March 31, 2011

Monmouth County DWI Defense Update: Tips on Fighting a DWI Arrest in New Jersey — Part 2

by Jonathan F. Marshall

Picking up on our discussion previously regarding fighting a drunk driving charge, we’ve already talked about the possible causes of failing one or more of the standardized field sobriety tests that most police officers administer to allegedly drunk drivers in order to gauge their level of so-called drunkenness.

As a New Jersey DWI and drug DUI defense lawyer, I and my colleagues know the procedures that law enforcement departments train their officers to follow when arresting a motorist for driving under the influence of alcohol, prescription medication or illegal drugs. These tests are designed to evaluate a person’s level of inebriation, but they can also result in false assumptions.

In fact, an individual doesn’t need to be drunk to fail a field sobriety test, or FST. Many people who have had nothing alcoholic to drink can still struggle to pass FSTs under a variety of conditions. The takeaway here is that even if you ever struggled and possibly failed the FSTs, it can still be attributed to the setting and circumstances of the test, and not always because a person is intoxicated.

March 28, 2011

Bergen County Drunken Driving Defense Update: Tips on Fighting a DWI Arrest in New Jersey — Part 1

by Jonathan F. Marshall

Don’t believe for one second that being “arrested” for drunk driving in Bergen, Monmouth, Ocean or any other county in the Garden State will automatically lead to a conviction for driving under the influence of alcohol. The fact is a lot can happen between a DWI-related traffic stop and any sentencing for an intoxicated driving summons.

As experienced New Jersey drunk driving defense attorneys, I and my colleagues know that the situation is not always that dire. Over and over, our staff is asked by potential clients about the true practicality of fighting an intoxicated driving charge. A typical response? Pleading guilty to a drunken driving charge is certainly not the way to win.

Municipal prosecutors in charge of DWI cases will typically point to a number of factors in an effort to “prove” in court that an individual was operating a motor vehicle in an impaired state. These include: 1) the odor of alcohol on the driver’s breath; 2) police observations that the subject was driving in an “erratic” manner; 3) the suspect “appeared” disheveled or carried himself as if he was intoxicated by liquor; 4) demonstrated poor performance of the standard field sobriety tests; and finally, 5) was deemed legally intoxicated based on the blood-alcohol content (BAC) results from a breath or blood test.

March 24, 2011

New Jersey Driver Arrested for DWI after Hitting Parked Car in Little Ferry

by Jonathan F. Marshall

Depending on the circumstances, a driver can occasionally be arrested for DWI yet not be physically able to provide police with a breath sample. In some cases, police will then take the suspect to a local hospital to have the person’s blood and urine sampled for evidence of drunken driving. As a New Jersey DWI and drug DUI defense lawyer, I and my colleagues have seen many such instances.

A news article not long ago showed what can happen when a driver allegedly operates a vehicle under the influence of alcohol. According to the report, a later afternoon call to the local police department described a possibly intoxicated driver who had moments earlier reportedly struck a parked car on Main Street in Little Ferry, NJ, then drove off.

The driver, who was allegedly operating a grey VW, was followed by the caller to a local apartment complex. Based on police reports, officers arrived at the complex in time to observe the suspect enter one of the apartment units. After knocking, the woman answered the door. Officers apparently asked the suspect if she had just been driving the VW parked out front, to which she answered in the affirmative.

The patrolmen inquired if the woman realized that she had been in an accident, and she reportedly stated that she had. She also stated, according to police reports, that she believed she only tapped her sideview mirror. According to the news report, officers had found the VW’s front passenger-side body panel had been heavily damaged.

During the interview, officers allegedly detected the odor of alcohol on the suspect’s breath. Police also reported that the woman appeared disoriented and that she was not making sense when she answered the patrolmen’s questions. As she walked away from the front door of her apartment, police stated that she appeared to be staggering and swaying.

Inside the apartment, police asked the suspect if she would submit to a sobriety test, to which she responded that she couldn’t due to mental and physical complications. The officer apparently felt it was unwise to have the woman attempt to complete any balance tests, so they placed her under arrest and took her to the local police department where she was charged her with DWI.
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