DWI Stops

March 20, 2011

NJ Drunken Driving Update: Understanding the DWI Arrest Process in New Jersey (Part 2)

Knowing how police departments and the judicial system handle drunken drivers is one large step in preparing for a future DWI arrest. This is not to say that learning about the steps of a drunken driving arrest and possible conviction indicates a person’s propensity to drive under the influence of alcohol. While no one expects or even welcomes being charged with DWI or drug DUI, most people are fairly unprepared when it does happen to them.

As a New Jersey DWI defense attorney and a former municipal prosecutor, I understand the law and its inner workings. Below we have included some additional information that go along with a previous blog entry. Our intent here is to perhaps help some drivers to be more prepared if and when they are stopped by a state trooper or local police officer and charged with DWI or even a drug-related DWI offense, such as marijuana possession in a vehicle.

Following a traffic stop, or at a sobriety checkpoint, if a police officer suspects a driver may be operating a motor vehicle while impaired by alcohol or prescription medication, he may use several methods to determine if that person is inebriated. One way for an office to decide if a suspect should be taken to police headquarters for a breath test is the use of one of several standardized field sobriety tests.

As one of the many tools of law enforcement, field sobriety tests can be used as evidence to prove that a driver was under the influence at the time of the arrest. They typically involve three separate tests:

1) The one leg stand test 2) The horizontal gaze nystagmus 3) The walk-and-turn test
The second of these three may be familiar to most people who have watched movies or TV shows where an officer asks the subject to follow a light or a finger with his or her eyes from one side to the other.

While administering these tests, an officer will likely be observing the suspect’s actions and making note of almost every thing the person says of does, all of which will likely be used in court as evidence to gain a drunken driving or drug DUI conviction. A patrolman may even watch how driver exits her vehicle and record that for use in court by the prosecuting attorney.
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March 16, 2011

Bergen County DWI News: New Jersey Driver Arrested for DWI Accident that Injured Park Ridge Man

by Jonathan F. Marshall

As a New Jersey DWI defense attorney, I’d be the first to say that being arrested for alleged drunk driving following an injury accident will not gain a person any points in court. It’s a fact that the police already have a very dim view of intoxicated driving, but combining that with property damage and personal injury and the court will also be unimpressed.

Still, in our legal system a defendant is considered innocent until proven guilty, which is why I and my colleagues are ready to represent individuals charged with drunken driving and drug DUI in Bergen, Union, Middlesex and Ocean County, among others. Regardless of the reasons, when a driver makes an error by getting behind the wheel after having a drink or two, the ultimate result can often be a DWI conviction in a local courtroom.

A news article not long ago described a car accident that apparently was precipitated by an allegedly drunk driver. According to news reports, a 31-year-old Passaic County driver crossed over into opposing traffic along a stretch of Rte 46 and struck another vehicle near the Green St. intersection. The accident, which happened just after midnight on a Sunday, critically injured a 43-year-old Bergen County driver.

March 13, 2011

Judge in Atlantic County, NJ, Rules Drunken Driving Breath Test Machine Unreliable

by Jonathan F. Marshall

An Atlantic City judge recently overturned a DWI conviction when he found that only a certain type of thermometer probe should be used to determine the reliability breathalyzer devices. According to recent news reports, Superior Court Judge Max Baker’s decision could affect the results of numerous drunk driving cases in the Atlantic County area. Apparently, the New Jersey State Police, whose job it is to regulate the Alcotest breath test device, did not immediately say how many police departments in the county use the reportedly unreliable component.

As a New Jersey drunken driving defense lawyer, I and my colleagues are well versed in the law pertaining to drunk driving as well as drug DUI arrests. Each of our attorneys is also qualified in the operation and maintenance of the Alcotest machine cited in this news report.

Superior Court judge’s ruling could negate DWI arrests throughout the county, according to other area defense attorneys and municipal prosecutors. According to court records, the ruling come from an appeal by Emilio Rivera who was pulled over on New Year’s Eve, 2009, along the Garden State Parkway.

Rivera was arrested for drunk driving and taken into custody. Police eventually administered the Alcotest at the Bass River Barracks. The man’s case was initially heard in Galloway Township, were he was convicted on evidence presented by the prosecutor’s office. However, his attorney appealed on a number of issues, including the manufacturer of the temperature probe and the room where the defendant was tested for blood-alcohol content (BAC).

A key to the man’s appeal was the fact that in the New Jersey Supreme Court’s previous ruling stating that the Alcotest device could replace the Breathlyzer throughout the state, it named only one company as the approved manufacturer for the thermometer probe. Specifically, the Ertco-Hart digital measuring system is the one specified, however it has come to light that some police departments use a probe made by the Control Company.

Apparently, testimony from another case concerning the two probes showed that Control was the choice of probe mainly because it is cheaper — about $300 compared to $2,000 for the Ertco-Hart model, which also requires yearly recalibrations that can cost upward of $700. According to the news report, Control’s probe is replaced rather than recalibrated.
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March 7, 2011

Morris County, NJ, Drunk Driving News: Police Charge Drivers with DWI and Marijuana Possession

by Jonathan F. Marshall

As a New Jersey DWI defense lawyer, I represent numerous clients accused of drunken driving. These individuals may or may not have been operating their vehicles under the influence of alcohol, prescription drugs, or illegal substances such as cocaine, heroine or marijuana. Although their individual circumstances may vary, the way in which they were stopped by police and arrested for driving while intoxicated are generally similar.

Looking at the local police blotters, we typically find examples of DWI and drug DUI arrests all across the state. From Essex to Monmouth County and Passaic to Ocean County, dozens of motorists are pulled over and issued summonses every week. Sobriety checkpoints, or DWI roadblocks as they are sometimes called, are also a source of drunken driving arrests here in the Garden State. For a look at the kinds of arrests made throughout New Jersey, the following items are typical.

Denville Local police stopped a 35-year-old female driver after she was observed driving the wrong way along a stretch of Rte 46 early on a Thursday morning. The driver, a resident of Kearny, NJ, was pulled over and apparently exhibited signs of intoxication. The officers arrested the driver and charged her with drunk driving, careless and reckless, as well as driving on the wrong side of the highway. She was subsequently released to a responsible party.

Jefferson A local man was stopped by police after they observed the individual allegedly driving in a reckless manner in a snow-covered parking area at Stanlick School. During the stop, which occurred on Saturday, the 18-year-old driver was charged with driving under the influence and also possession of less that 50 grams of marijuana. Another man in the vehicle, an 18-year-old local resident, was also charged with possession of pot (less than 50g) and possession of paraphernalia. Both men were released pending court appearances.

A 23-year-old Sussex man was stopped for speeding by police along a stretch of Rte 15 on a Thursday. After pulling the motorist’s vehicle over, officers apparently detected signs of inebriation and arrested him for drunken driving. He was subsequently released an appearance date in municipal court.
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March 5, 2011

NJ Drunken Driving Update: Understanding the DWI Arrest Process in New Jersey (Part 1)

by Jonathan F. Marshall

Getting into a motor vehicle after having a drink or two is always a gamble. Not simply because being impaired can reduce one’s reaction time and possibly result in a traffic accident, but also because New Jersey’s court system and police agencies are constantly on the lookout for drunken drivers. As New Jersey drunk driving defense lawyers, I and my staff understand the process of a DWI arrest and conviction. As a former municipal prosecutor, I also understand the strategies used by prosecuting attorneys to secure a DWI or drug DUI conviction.

Understanding the process yourself could help in the future. Although nobody expects to be stopped and arrested for driving under the influence of alcohol or prescription medication, being prepared is not an admission of guilt. It’s better to understand how this sometimes lengthy process occurs, if only to reach the realization that a DWI conviction is not something you want to experience, for numerous reason.

The following should be of some assistance for drivers here in the Garden State, at least so they can possibly sidestep the pitfalls and potential legal difficulties of being arrested, charged and possibly convicted for driving under the influence of alcohol, prescription meds, marijuana or other illicit drugs.

Regardless of the potential outcome, the process usually begins with a motorist being pulled over by a state trooper or local police officer. And whether you are arrested in Sussex, Passaic, Union or Atlantic County, you could be charged with any number of violations, such as DWI, driving under the influence of a controlled dangerous substance (CDS) or breath test refusal.

Some may wonder under what particular circumstances an officer is legally justified to pull them over for driving drunk. This is a common question to which the answer is simple, but occasionally confusing. Although a police officer may not actually know that a driver is impaired due to alcohol consumption or prescription drug use, he or she may decide to stop you for any number of potential traffic violations.

From relatively egregious traffic offenses, such as running a red light or speeding, to seemingly innocuous violations, such as a burned-out taillight or cracked windshield, any one of these or other offenses can result in a motorist being stopped. Of course, suspicious driving patterns, such as drifting across the centerline or weaving in ones lane, will also tip off an officer to the driver’s state of impairment.
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February 28, 2011

New Jersey Marijuana Defense: Did Police Find Weed in Your Car? Better Contact an Experienced Attorney

by Jonathan F. Marshall

With more and more states voting to allow medical marijuana sales in cities and towns across the country, the opportunity for DWI and drug DUI arrests involving the possession of weed (or cannabis) has become much more real. Because of the increasing use of hash as a medicinal drug, the lines are getting blurred between what is and what isn’t legal. Pot, as many will point out, is still illegal without a doctor’s prescription in states that allow it, but even in those that do, local laws may leave legitimate users feeling vulnerable.

It’s no secret that regardless of whether or not a state has passed medicinal marijuana laws, law enforcement agencies will still be pulling motorists over who may possibly be impaired due to driving while under the influence of a controlled dangerous substance (CDS) such as marijuana or cocaine.

Regardless of whether a driver is impaired due to smoking pot (drug DUI), or because of alcohol consumption (DWI), or just falling asleep behind the wheel, a police officer will still be looking for those telltale signs of possibly erratic driving. Using a simple traffic or defective equipment offense as a justification for the traffic stop, a patrolman may then notice that the driver is exhibiting impaired behaviors.

Marijuana is one of the more common drugs in use around the Garden State and as such arrests for marijuana possession in a motor vehicle are relatively common occurrences. Possession in a vehicle is a chargeable offense that usually requires the services of a qualified New Jersey drunk driving or DUI defense lawyer.

The questions that anyone charged with marijuana possession in a vehicle should ask themselves include the following:

Did the patrolman have probable cause prior to stopping me?
Did the officer conduct a proper search of my car (or my person)?
Can a municipal prosecutor actually prove possession or control of the marijuana discovered by the police?
Did the police maintain a proper “chain of custody” and testing of the alleged marijuana?

February 26, 2011

Garden State Municipalities Turn to Social Network Sites to Discourage Drunken Driving

by Jonathan F. Marshall

We’ve discussed this before, but anyone who wishes to maintain the respect of their family, peers and business associates should be very sensitive to the potential embarrassment that a drunken driving conviction can bring upon them. Reputations, friendships and marital relationships have been torn apart following a DWI arrest and subsequent conviction.

And it doesn’t really matter where in the Garden State you live, be it Morris, Middlesex, Ocean or Atlantic County, being pulled over and hit with a summons for driving under the influence is no laughing matter, especially to well established and respected members of the community. As New Jersey drunk driving defense attorneys, we have seen how a conviction for driving while intoxicated can impact multiple offenders as well as first-time DWI arrestees.

While most people would agree that a conviction for drug DUI, such as marijuana use, could certainly result in complications at work or school, even a DWI for consuming beer or wine can result in unforeseen consequences. To make things worse, municipalities around the country are looking at social networking sites, such as Facebook, to publish names and photos of drunk driving offenders.

February 24, 2011

Police Blotter: Drunk Driving and Drug DUI Arrests in Bridgeton, New Jersey

by Jonathan F. Marshall

Visit any county in the Garden State and you will find a fair number of drunken driving arrests on a weekly basis. Whether you live in Hudson, Somerset, Mercer or Atlantic County, the stories are quite similar, though the circumstances and facts of each DWI case are unique.

It’s important to reiterate that most arrests for impaired driving begin with a seemingly minor traffic offense, such as failure to maintain lane, improper turn or even a broken tail lamp. While the initial traffic stop may have been for a minor infraction, that event can lead to the police officer noticing evidence of alcohol consumption, such as an empty beer bottle or wine cooler. The patrolman may also detect the odor of alcohol on the driver’s person, which can then begin the process of a DWI or DUI arrest.

As New Jersey drunk driving defense attorneys, I and my staff of experienced lawyers represent motorists accused of operating motor vehicles under the influence of alcohol, prescription meds, and even illicit drugs, such as marijuana and cocaine. The following police arrest blotter entries illustrate the kinds of DWI and drug DUI arrests that take place all across New Jersey throughout the year.

Illegal Immigrant Arrested for DUI
Arriving at the scene of a Saturday morning traffic accident at the corner of Giles and Academy Streets, police found a 22-year-old man in the driver’s seat of a Ford Explorer trying to restart the SUV which had apparently plowed into the back of another passenger vehicle. The Ford was also on the sidewalk Flores was attempting to restart the vehicle.

Apparently under the influence, Police removed the man from the vehicle. Continuing to question the individual, the officers determined that he was also in the country illegally. Officers arrested the driver and charged him DUI. He also received summonses for driving without a license, reckless driving and failure to wear a seatbelt.

He was ultimately released on the DUI charge, but was sent to the Cumberland County Jail on an ICE (Immigration and Customs Enforcement) detainer.
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February 22, 2011

Middlesex County, NJ, Drunken Driving News: New Jersey Bar Patron Hits Police Cruiser, Gets DWI

by Jonathan F. Marshall

All things considered, if a motorist is going to be stopped for drunk driving in the Garden State, if and when it does happen it’s advisable not to have that arrest be in conjunction with a traffic accident. Coupling a DWI or drug DUI arrest with property damage, or worse, injuries and/or fatalities, makes a drunken driving defense that much more complicated.

As New Jersey DWI defense lawyers, I and my colleagues know the law as it applies to driving while intoxicated, regardless of whether the charges involve alcohol, prescription meds or illicit drugs such as cocaine or marijuana. As a former municipal prosecutor, I have a deep understanding of the strategies and procedures used by prosecuting attorneys against drivers accused of operating a vehicle under the influence.

Impaired driving is actually quite common in Bergen, Union, Ocean and Mercer County, not to mention most other jurisdictions across the state. One thing that most people would likely agree on, however, is that hitting a police car while allegedly drunk is not a good idea. Doubly so, hitting a patrol car while leaving a bar would be at the top of our list of things not to do after drinking any amount of beer, wine or hard liquor.

February 18, 2011

DWI Law Update: Field Sobriety Testing Procedures for New Jersey Motorists Suspected of Driving while Intoxicated

by Jonathan F. Marshall

Understanding what can occur during a routine traffic stop can be very useful for drivers who may have had some amount of beer, wine or hard liquor prior to getting behind the wheel of their car or truck. By learning the procedures used by police officers when facing a possible DWI suspect a motorist may be better prepared for the subsequent steps of a drunken driving arrest and possible conviction.

As a New Jersey DWI defense lawyer, I can say that nobody looks forward to a drunk driving conviction on their record. Yet, this is certainly a risk when any driver, regardless of past history, attempts to operate a motor vehicle after having consumed even a small amount of alcohol. And don’t forget that prescription medication has been known to cause impaired judgment as well, which explains why drug DUI arrests continue to make the headlines across the country.

As the saying goes, “Knowledge is power,” especially where the law is concerned. An arrest for DWI, drug DUI or even marijuana possession in a motor vehicle can be just the beginning of a long and costly process for many drivers. Regardless of the reasons — be it excessive alcohol consumption, a bad reaction to prescription meds, or the so-called cocaine hangover — being pulled over by a New Jersey state trooper or local police officer can be the beginning of the end to a previously clean driving record.

Before being charged with DWI or drug DUI, a motorist may not even be suspected of driving under the influence by the officer in charge. Still, policemen are trained to detect the telltale signs of drunken driving behavior, so the suspicion may already exist. However, for a DWI stop to be legal the officer must stop the motorist an actual traffic infraction, such as failure to signal a lane change or having a broken taillight. This kind of offense is usually the initial cause of traffic stop that could end up in an actual DWI arrest.

The well-known field sobriety test is an important tool employed by police officers all around the country to determine if a driver is possibly impaired due to alcohol or drug use. Failing to pass one or more of a variety of tests can become one of several pieces of evidence that a municipal prosecutor can present to the court as proof that a driver was impaired at the time of the initial traffic stop.
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