DWI Stops

January 17, 2011

Suspect in Fatal Drunken Driving Crash that Killed Patrolman Released on $250,000 Bond

As a New Jersey drunk driving defense attorney, I know that injuring or killing another person as a result of a drunken driving accident is a serious situation; one that usually requires the services of a qualified legal representative, such as a DWI and drug DUI lawyer. When the case involves the injury or death of a law enforcement officer, there really is no question about retaining the services of a lawyer well versed in drunk driving law.

No matter where in the state a DWI accident occurs, be it Ocean, Middlesex, Somerset or Morris County, NJ, courts are quite strict in fatal DWI and drug DUI crashes. One such case is now in the making down in Toms River, New Jersey. According to news reports, an individual was arrested in connection with the death of an Ocean Gate patrolman on Thanksgiving morning.

Based on news articles, 31-year-old Erick Uzcategui of Manchester, New Jersey, was arrested and charged with vehicular homicide and drunk driving following the November 25 car crash that reportedly killed Officer Jason C. Marles. Police reports showed that the accident happened around 3am as Marles was on his way home from his shift.

January 11, 2011

Arrested for Drunken Driving Over the Holidays? You Might Need a New Jersey DWI Defense Lawyer

by Jonathan F. Marshall

Now that 2011 has arrived, more than a few motorists probably awoke thinking about a drunk driving arrest or summons they may have had during the holidays. As a New Jersey DWI defense attorney, I understand how a carefree night out can end with drunk driving or prescription drug DUI. What many people do not realize is how often this scenario actually plays out, not only on the way home from a pub or bar, but even from a friendly cocktail party or year-end holiday celebration.

The question may drivers ask themselves after the fact is how can a lawyer really help me? Being pulled over and charged with driving while intoxicated (DWI) or driving under the influence (DUI) of legal or illegal drugs can sometimes seem like an open and closed case, even to the defendant. But every situation is different and a drunken driving defense attorney may be helpful. But only if you ask.

Although there is no plea bargaining in New Jersey when is comes to drunk driving and DUI offenses, the Garden State nonetheless has one of highest rates of successful DWI defense in the nation. In fact, as a former municipal prosecutor myself, I know that in New Jersey state prosecutors learn early on that it’s more difficult to prosecute a case if the accused motorist has retained a lawyer for his or her defense.

January 9, 2011

NJ Legal Defense News: Essex County Driver Arrested for Drunk Driving Following Traffic Accident

by Jonathan F. Marshall

Regardless of where you live in the Garden State, local police officers and state troopers are constantly stopping motorists for traffic violations and many times arresting those individuals for drunken driving. As Monmouth, Union and Bergen County drunk driving defense attorneys, my staff represents New Jersey residents accused of driving under the influence, prescription drug DUI, breath test refusal, marijuana possession in a motor vehicle and impaired driving involving illegal drugs.

The types of drunken driving cases that are heard in our traffic courts are as varied as this state’s population, which includes upper and middle class people, as well as legal and illegal immigrants. No matter what the charge, every defendant is considered innocent until proven guilty in a court of law. One such arrest, typical of DWI and DUI arrests that occur every week across the state, took place early on a Sunday morning.

Arriving on the scene of a car crash in the 400 block of Franklin Avenue, patrolmen suspected one of the drivers of being intoxicated by alcohol. The accident happened just after 4am, according to police reports. Officers at the scene reportedly detected the odor of alcohol on the breath of 28-year-old Rene Cardona of Belleville Township, NJ, who was allegedly involved in the wreck.

January 7, 2011

DWI Law Update: Not All Garden State DWI Arrests Lead to Convictions for Drunken Driving

by Jonathan F. Marshall

Whenever a driver is stopped by a local police officer or New Jersey state trooper for a traffic violation, even the most minor infraction, there exists the chance that the officer might end up arresting that individual for drunken driving, or issue a summons for DWI. While every situation is different — a motorist returning from a party at a friend’s house or coming home from an evening out with one’s spouse — it is possible that an officer may suspect that the driver is intoxicated by alcohol, or even prescription medication or illegal drugs.

As a New Jersey drunk driving defense lawyer, I understand how the procedure by which a patrolman stops a motor vehicle possible driven in an erratic fashion, observes the driver for telltale signs of intoxication, then evaluates that individual to determine if there is reason to believe that he or she is impaired due to alcohol consumption or use of a narcotic substance (sometimes referred to as drug DUI).

It makes little difference whether you live or work in Ocean, Passaic or Mercer County, the chances of being arrested for DWI or prescription drug DUI is ever present. But if you are pulled over and subsequently arrested or issued a summons for drunken driving, are you predestined to being convicted of driving while intoxicated? The answer is to that question depends on multiple factors.

As professional New Jersey DWI defense attorneys, I and my staff approach every case with many years of drunk driving litigation under our belts. As a former municipal prosecutor myself, I understand when it is proper to petition the court to dismiss the charges against a motorist, or at least reduce the state’s DWI charges to better match the individual circumstances surrounding the arrest.

Having tried drunk driving cases as a prosecutor, I’m familiar with the strategies used by the state’s representatives. Because of this, I always suggest to people who face drunk driving charges to carefully consider whether or not they wish to go into court without an experienced attorney at their side. A DWI lawyer can prove to be a great benefit, especially for those individuals facing stiff penalties for a first-time drunken driving or DUI arrest.
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January 2, 2011

NJ Legal Defense Update: Understanding Drunk Driving Arrests Occurring at Sobriety Roadblocks

by Jonathan F. Marshall

Understanding the circumstances that can lead to a drunken driving arrest can be useful for motorists who may find themselves in such a DWI-related traffic scenario. By knowing what happens in the case of a sobriety roadblock, also known as a drunk driving checkpoint, may help some individuals prepare for the subsequent steps leading to a potential DWI arrest.

As a New Jersey DWI defense lawyer serving residents of Monmouth, Union, Somerset and Hudson County, as well as other parts of the Garden State, I know that knowledge is power. Where the law is concerned, this is doubly so especially where a drunk driving arrest or summons is concerned. Regardless of the reason for a DWI arrest — be it excessive alcohol consumption, a bad reaction to prescription medication (drug DUI), or illegal drug or marijuana use — being pulled over by a New Jersey state trooper or municipal police officer can be the first step of a costly and potentially damaging drunken driving conviction.

The fairness of sobriety roadblocks has been argued for many years now. Numerous clients question the use of these checkpoints as a means of charging motorists with driving under the influence of alcohol or other intoxicating substances. The reaction of many people caught at a roadside sobriety checkpoint is not surprising given the seemingly random nature of this kind of law enforcement tool.

Because of this, and not unexpectedly, the state of New Jersey has rather technical procedures in place that safeguard against unreasonable detention and seizure stemming from these kinds of DWI roadblocks. From a legal standpoint, the constitutionality of police roadblocks was addressed in a U.S. Supreme Court case in 1979.

Known as Delaware v. Prouse, the Supreme Court held that it was unconstitutional to stop and detain a driver absent articulable suspicion that a driver is unlicensed, that the automobile he or she is operating is unregistered, or that the vehicle or one of its occupants is otherwise subject due to a violation of law (for example, if the car or truck is not compliant with certain traffic safety regulations or a passenger riding in the vehicle has an outstanding warrant).
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December 30, 2010

Sussex County Police Arrest Woman for Drunken Driving, Marijuana Possession following Traffic Accident

by Jonathan F. Marshall

Most drunk driving arrests occur following a traffic stop, where the police officer in charge pulls a vehicle over due to some traffic violation, such as failure to signal or the driver’s supposed inability to properly maintain his or her lane. It is during the traffic stop that any DWI-related evidence may be detected by the officer leading to a drunken driving arrest.

In other instances, a traffic accident may be the initial event that kicks off a DWI or drug DUI arrest. These kinds of incidents can be single- or multi-vehicle accidents in which an allegedly intoxicated driver may have been involved. Due to the impairing effects of alcohol or prescription drugs, traffic wrecks due occur as a result of slowed responses of a person operating a motor vehicle while under the influence of beer, wine or hard liquor. Doctor-prescribed medication can also be blamed for such accidents.

As a New Jersey DWI defense lawyer, I understand the methods and procedures used by law enforcement personnel and the local prosecutor’s office to obtain a drunk driving conviction. It should come as no surprise that a DWI arrest arising out of a traffic accident, especially one involving injuries or death, will typical get the full attention of the court.

December 28, 2010

Union County, NJ, Drunk Driving News: DWI and Drug DUI Police Blotter

by Jonathan F. Marshall

Arrests for drunken driving, breath test refusal and controlled/dangerous substance (CDS) DUIs in Union County, New Jersey, illustrate how common law enforcement agencies pull over and charge motorists with these offenses, here and throughout the Garden State. As New Jersey drunk driving defense attorneys, I and my colleagues make an effort to help individuals accused of these charges on a regular basis.

Driving while intoxicated either by beer, wine, hard liquor or prescription drugs (drug DUI) is a serious offense in New Jersey and looked down upon by state and local authorities. Regardless of the circumstances, every person accused of or charged with a DWI offense is considered innocent until proven guilty in a court of law. Having worked in prior years as a municipal prosecutor, I understand the procedures and techniques employed by law enforcement and the judiciary to achieve a drunk driving conviction.

The following news items from Westfield, NJ, illustrate the various types of DWI and DUI arrests that occur on a weekly basis here in Union, Middlesex, Bergen and other counties throughout the state.

December 26, 2010

Multiple Convictions for Drunk Driving Can Make a New Jersey Driver’s Life More Difficult

by Jonathan F. Marshall

As Bergen, Ocean and Monmouth County attorneys who represent motorists accused of driving under the influence (DUI) of alcohol or prescription drugs, we can heartily say that there are potentially harsh consequences for individuals convicted of multiple times for drunken driving or operating a motor vehicle while under the influence of prescription medicine or even illegal substances, such as marijuana and cocaine.

There is a strong argument for mounting a compelling defense for first-time DWI and DUI charges, if only because subsequent arrests and convictions present an even more costly and potentially life-altering consequences. Even so, second- and third-time offenders may still ask themselves the question, “Why do I need a drunk driving lawyer?”

When it comes to multiple convictions for driving while intoxicated, the impact on one’s lifestyle and relationships may be greatly affected. It’s no secret that second, third and subsequent DWI convictions can result in far more serious consequences than that of one’s first-time offense.

December 23, 2010

DWI Enforcement Update: Police in Ocean City, NJ, to Increase Drunk Driving Patrols during Holidays

by Jonathan F. Marshall

Like most cities and towns throughout the Garden State, Ocean City will be cracking down on drunken driving offenses during the year-end holiday season. As a New Jersey DWI and drug DUI defense lawyer, I and my colleagues provide assistance to motorists in Atlantic, Ocean, Monmouth and Middlesex Counties who have been accused of operating a motor vehicle while under the influence of alcohol or prescription medication.

It’s not uncommon for a police officer to pull a driver over for a sometimes minor traffic violation only to arrest the motorist on the ground of driving while intoxicated. Not only does the consumption of beer, wine or hard liquor before taking the wheel offer the opportunity for a drunken driving summons, taking a puff of marijuana can also get a driver in trouble with the law, especially when it’s linked to reckless driving or, worse, a traffic accident.

According to news reports, police departments in many communities will be on the alert for increased drinking and driving violations during the Christmas and New Year holidays. In Cape May County, the Ocean City Police Department (OCPD) will be cracking down on offenders in the coming week. Police are reportedly planning to set up sobriety checkpoints, DWI roadblocks and saturation drunk driving patrols across the area, all designed to keep the motoring public safe during the holidays.

December 21, 2010

New Jersey’s Sobriety Roadblocks Credited with Reducing Drunken Driving Arrests; DWI-related Accidents and Fatalities

by Jonathan F. Marshall

The frequency of drunk driving in the Garden State has reportedly been dropping for years, according to statistics maintained by state law enforcement agencies. As a New Jersey DWI defense lawyer, I can also state that there are numerous motorists picked up for driving under the influence every week in Bergen, Union, Monmouth, Ocean, Atlantic and all other counties through our state.

Still the number of drivers arrested for driving while intoxicated has apparently dwindled over the past several decades. According to a recent article, during the holiday season back in 1985 police-operated sobriety checkpoints (also known as DWI roadblocks) frequently had to be shut down due to the shear numbers of drivers who were arrested for driving drunk. In short, law enforcement authorities were overwhelmed by the amount of drunk drivers they were taking into custody at these roadblocks.

Twenty-five years later, Middlesex County roadblocks being operated from early November through mid-December reported a total of just nine drivers arrested for DWI; this out of a total 1,900 cars stopped at checkpoints in North Brunswick and Plainsboro, NJ.