DWI Stops

October 7, 2010

New Jersey Drunk Driving Update: Understanding the DWI Arrest and Conviction Process — Part One

Taking the wheel of a car or truck while intoxicated is never advisable, though many people do drive after drinking a beer, a glass of wine or shot of tequila. After doing so, the odds of getting pulled over can often go up many fold. As a New Jersey DWI defense attorney and former prosecuting attorney for municipalities in the state, I understand how drivers in the Garden State can get arrested for and charged with drunk driving by local or state police.

Knowing that you can be arrested for driving while intoxicated is fine for starters, but there are a number of other parts of the drunken driving arrest and conviction process that one should be familiar with. Naturally, impaired driving either through the consumption of alcohol or the use of prescription medication (drug DUI) is something that every drive should avoid for their own safety, if not for others.

As Ocean, Monmouth, Bergen and Union County drunk driving defense attorneys, we hope that the following pointers may be of some use to individuals currently facing DWI or DUI charges. Understanding these may help other New Jersey motorists avoid the pitfalls and legal troubles of being arrested or convicted of drunken driving. The process begins, simply enough, with a driver being stopped for a routine traffic violation, but it can quickly escalate to include taking a field sobriety test and then an Alcotest, or breathalyzer test.

Whether a driver is ultimately charged with driving under the influence of alcohol, drug DUI, or breath test refusal, will have much to do with the particular circumstances of the traffic stop and the driver’s level of inebriation.

Many might ponder under what circumstances a New Jersey police officer will likely stop them for drunken driving. Although an officer may not be aware at first that a motorist is, in fact, impaired by alcohol or prescription meds, he may decide to pull a driver over for any number of possible traffic violations.
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October 5, 2010

New Jersey Drunk Driving Defense News: Bergen County DWI and Drug DUI Police Blotter

by Jonathan F. Marshall

With so many drivers on the road it’s no surprise that drunken driving arrests occur every day all across the Garden State. As a New Jersey DWI defense attorney with offices throughout the state, I’ve dealt with a wide variety of motorists who have been charged with drunken driving or prescription drug DUI. Our Bergen County drunk driving defense lawyers have the experience to handle cases not unlike the ones reported below.

Lyndhurst

According to news articles, a car was pulled over as part of an early morning traffic stop which looked like a case of CDS possession and possible drug DUI. Officers had apparently noticed that the man’s passenger was not wearing a seat belt just before 4am on a Monday. Based on the police report, the stop occurred at the corner of Jackson Plc. and Rutherford Ave. in Lyndhurst. While interviewing the two occupants, patrolmen observed that the 19-year-old passenger had a quantity of the prescription drug Xanax on his person. Determining that the man did not have a prescription for the medication, police charged him with possession of prescription drugs and failure to wear a seatbelt.

October 3, 2010

New Jersey Drunk Driving News: Little Falls, NJ, Police Reports Multiple DWI Arrests in Passaic County

by Jonathan F. Marshall

Local municipalities throughout the Garden State make numerous traffic stops and subsequent arrests for driving under the influence of alcohol. As DUI defense attorneys understand the ins and outs of this state’s legal system.

Whether it is a case of drunk driving where the motorist has been arrested at one of many sobriety roadblocks, or if an individual is caught in possession of marijuana in a motor vehicle or otherwise operating a car under the influence of a controlled dangerous substance (CDS), the situation may be similar to numerous other arrests in the news every week.

Serving motorists in Monmouth, Bergen and other counties throughout the state, our suggestion is to always consult with a drunken driving defense lawyer to better understand your particular situation. The following list of recent DWI/DUI arrests by Little Falls, NJ, police is just an illustration of the kinds of drunk driving offenses that happen every day across the county.

Marijuana Possession in a Vehicle
On a Thursday evening in September, a patrolman stopped a driver for having illegally tinted windows on his vehicle. Walking up to the driver’s side of the car, the officer detected what he suspected was the odor of burning cannabis, or marijuana, emanating from the vehicle. During a voluntary search of the 19-year-old suspect’s car, the policeman discovered several plastic bags filled with marijuana. The officer subsequently arrested the man, who was reportedly a resident of Paterson, NJ.

DWI
During an early morning traffic stop on a Friday, Little Falls police officers pulled a vehicle over for speeding along a section of eastbound Route 46. The patrolmen noticed that the driver was exhibiting signs of being drunk. The officers then requested that the 28-year-old female driver perform several field sobriety tests to determine if the woman was impaired by alcohol. After failing the tests, police arrested the driver. A subsequent blood-alcohol content (BAC) test was performed by the officer indicating that the driver had a BAC in excess of the 0.08 percent limit. She was then arrested for driving while intoxicated (DWI).
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September 30, 2010

New Jersey Drunk Driving Defense: Sea Isle, NJ, Police Trumpet DWI Checkpoint as a Success

by Jonathan F. Marshall

Most any New Jersey motorist should be able to tell you that drunken driving enforcement around the Garden State appears to have gotten more intense over the years. And it should come as no surprise, especially to those individuals who have been convicted of DWI, that the state police, local law enforcement departments and the courts have virtually no tolerance for drivers who choose to operate their vehicles while under the influence of alcohol, prescription drugs, marijuana and other controlled dangerous substances (CDS).

Increasingly, New Jersey police departments are operating drunk driving patrols and sobriety checkpoints, also known as DWI checkpoints. As a New Jersey drunk driving defense lawyer, this trend is not news to my office. We represent motorists from all across New Jersey — in counties such as Bergen, Monmouth and Ocean — who have been accused of driving while intoxicated either by beer, wine, hard liquor or drugs, prescription or illicit.

An article from Sea Isle, NJ, talked about the relative success of that municipality’s most recent sobriety checkpoint, which apparently caught few DWI offenders, but a number of other traffic violators. In all, just three drivers were either arrested or charged with drunk driving offenses. According to the news piece, on August 28, local police set up a drunken driving checkpoint on the 200 block of JFK Boulevard.

September 27, 2010

Bergen County DWI News: Drunk Driving Arrests may Rise with Increased Traffic Enforcement Patrols in Wyckoff

by Jonathan F. Marshall

Drunken driving enforcement is nothing new to motorists in New Jersey. With economic woes still reverberating across the country, the Garden State has seen its share of turmoil. It’s no doubt that many people choose to ease the pain with a drink or two at the local bar or friendly neighborhood gatherings. The trouble comes when an individual who may have had a bit too much to drink hits the road.

As a New Jersey DWI defense lawyer, I make it my job to assist drivers who have been accused of driving while intoxicated. As a Bergen County drunken driving attorney, I know that certain times of the year can make it especially common for drivers to be pulled over for driving under the influence of alcohol.

According to news reports, Wyckoff Township has announced an increase in traffic safety patrols, which are sure to the net the municipality more than a few DWI and drug DUI arrests. Based on reports, the township’s police department will be running “stepped up” traffic enforcement patrols through October 10. This surge in police presence is part of a national “Put the Brakes on Fatalities” campaign going on in towns and cities all around the U.S. Sobriety checkpoints and roadblocks could be part of this effort.

September 25, 2010

New Jersey DWI Update: Woman Loses License for Seven Months after Plea Deal with Cape May Prosecutors

by Jonathan F. Marshall

A Gloucester Co. resident recently pleaded guilty to driving under the influence following her arrest in late June in Middle Township. According to court records, 21-year-old Jena L. Davidson of Swedesboro will have her driving privileges withheld for seven months. In addition to her DWI-related drivers license suspension, the judge in the case also called for the woman to have an ignition interlock device installed for the next 12 months to ensure that she doesn’t drive drunk.

News reports also show that the New Jersey motorist will be required to complete 12 hours of training administered through the New Jersey Intoxicated Driver Resource Center. As part of her guilty plea, Davidson also paid penalties of $664 in fines and court costs.

As a New Jersey DWI defense lawyer, I’ve seen my share of tragic car accidents that could have turned out differently. As a drunk driving attorney, I always advise people to get a ride from a sober friend or make arrangements for alternate transportation in advance of “nights out on the town.”

September 22, 2010

New Jersey DWI News: Traffic Deaths Fall to 1950 Levels; Authorities Credit Enhanced Drunk Driving Enforcement

by Jonathan F. Marshall

As a former New Jersey municipal prosecutor, I can respect the lengths to which our state and local municipalities go to reduce traffic fatalities. According to a new study released out of the nation’s capital, law enforcement agencies across the country have some good news to crow about: Highway deaths have dropped to their lowest levels in 60 years.

Of course, as a New Jersey drunken driving defense attorney and DUI lawyer, I know that many times the police just don’t have the evidence to prove that a motorist has been driving while intoxicated. There should always be a balance between public safety and individual rights, which is why I always tell people to fight what they believe to be a faulty arrest for driving under the influence of alcohol, Marijuana or prescription drugs.

According to a recent news article, New Jersey law enforcement officials have credited various enforcement technologies coupled with strict DWI and drug DUI patrols and checkpoints, among other techniques. The story coming out of Washington, D.C., indicates that deaths on our public roadways have drastically fallen to levels not experienced since the ’50s.

September 16, 2010

NJ Drunk Driving News: Out-of-State Motorist Pleads Guilty in Fatal Lower Township DWI Case

by Jonathan F. Marshall

According to news reports, anout-of-state driver charged in the drunk driving death of a driver from Lower Township, NJ, has pleaded guilty to that 2009 fatal crash. In addition, court records show that the defendant, 38-year-old John J. Lawless, had been charged with driving under the influence a total of eight times over the course of 13 years.

As a New Jersey DWI defense lawyer I know how serious a fatal drunken driving or drug DUI charge can be. In this case, the defendant was arrested after his vehicle struck another car driven by 50-year-old Frederick Shelton in September of last year.

Police reports show that Shelton’s vehicle was going southbound along Route 9 near Bennett’s Crossing, NJ, in Lower Township when Lawless’ vehicle came across the roadway’s centerline and smashed into Shelton’s car. Emergency responders arriving at the site of the crash pronounced Shelton dead at the scene.

September 14, 2010

New Jersey DWI News: More Hollywood Stars, Entertainers Being Arrested for Driving Under the Influence

by Jonathan F. Marshall

It seems that we hear and read more and more of famous movie and TV stars, musicians and other notable personalities being arrested for drunken driving. As a New Jersey DWI defense lawyer, my job is to assist motorists arrested for and charged with driving under the influence of alcohol, prescription drugs and sometimes even illicit, or controlled and dangerous substances (CDS).

Driving while intoxicated can put a substantial dent in both your wallet and your lifestyle. There is no reason why an individual accused of drunk driving should automatically assume they have no recourse. Sadly, it seems that the rich and famous get more of a break than the average person, but with the supposed increase in offenses, this too could change.

According to a recent article, more big names are having their photos taken at the local police department instead of on the red carpet. In fact, over this past summer Chris Klein, star of “American Pie,” “Melrose Place” star Amy Locane and Vince Neil of Motley Crue have ranked among the newest inductees in the drunk drivers’ hall of fame. They join veteran drunk driving arrestees Paris Hilton, Lindsay Lohan and Nicole Richie in a growing list of famous, or infamous, DWI and DUI offenders.

September 12, 2010

NJ DWI Defense Update: New Jersey Drunk Driving Arrests Have Many Steps Before Possible Conviction

by Jonathan F. Marshall

Whether you live in Red Bank or Newark, Atlantic City or Trenton, as a New Jersey motorist you always have the potential to be stopped for one of dozens of traffic violations by a the state police or of any of the hundreds of county and municipal law enforcement officers across the Garden State. In fact, every drunken driving or drug DUI conviction begins with an arrest, usually arising out of a routine traffic stop.

Most drivers should understand that for a DWI traffic stop to be valid it must be backed up by what state law defines as “reasonable suspicion” that the driver of a car, truck or other motor vehicle has actually committed a traffic violation. As New Jersey drunk driving defense attorneys, I and my staff of experienced DWI defense lawyers make it our job to assist individuals accused of DWI (also known as driving while intoxicated), prescription drug DUI, or even marijuana possession in a vehicle.

Initial Traffic Stop
In State v. Carpentieri, the New Jersey Supreme Court ruled that a patrolman must have an “articulable and reasonable suspicion” that a traffic law violation has been committed before he can even consider effecting a drunken driving traffic stop. Additionally, once a driver has been pulled over, state law says that the police officer must have probable cause before he can make an arrest and subsequently conduct a breathalyzer test. When we say probable cause, it means cause to believe that the motorist is in fact operating his or her vehicle in an intoxicated condition.

Please keep in mind that at no time during this early stage of a DWI arrest does a driver have the right to advice from counsel. Even an experienced DWI lawyer will be of absolutely no help at that particular point in time.

Arraignment
The second step following a DWI or DUI arrest, which can also include breath test refusal, is the arraignment of the subject. As part of this step, the motorist receives a Complaint. The defendant makes his initial appearance at arraignment where the court informs him of the charges. Simultaneously, the defendant is also told of his rights under New Jersey state law, after which he will enter a plea of guilty or not guilty.
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