DWI Stops

August 2, 2014

Statewide, New Jersey Police Departments Continue Tradition of Strict DWI and Drug DUI Enforcement

Few people would argue that drunk driving does not present a variety of public safety concerns. But this doesn’t change the oft-repeated scenario of some innocent motorist being arrested for DWI or drug DUI without sufficient evidence. For those individuals who are charged with drunken or drug-impaired operation of a motor vehicle, even with poor or improperly collected evidence there is still a chance that the court may issue a guilty verdict — all the more reason, in fact, to consult with a qualified New Jersey DWI-DUI defense lawyer attorney before stepping foot into a courtroom or talking with the local prosecuting attorney.

In reality, there are some motorists who do get arrested and subsequently charged with DWI or drug DUI when the facts do not necessarily support the accusations. As Garden State drunken driving defense lawyers, my law firm is dedicated to assisting individuals who believe that they have been unjustly accused of operating a motor vehicle while under the influence of alcohol. Our job, in such cases, is to provide the best possible legal defense.

There is no doubt that those convicted of drunken driving can face stiff monetary fines and other penalties, including jail time, but DWI-DUI offenses are much less acceptable by society in general, the stigma of a drunk driving conviction can have a serious impact on a person’s private life and professional career. In addition to affecting one’s future employment, a DWI or drug DUI can have a negative effect on an individual’s standing in his or her community, as well as causing potential problems with family members, including one’s spouse or in-laws.
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July 31, 2014

Arrested by Police for Drunken Driving? Fighting Those DWI Charges can be a Viable Option

by Jonathan F. Marshall

Making the decision to fight DWI or drug DUI charges in the Garden State can be fraught with much anxiety and many questions. As experienced trial lawyers, my colleagues and I have defended hundreds of people over the years against all manner of civil and criminal charges. Every month we meet with dozens of New Jersey motorists who have been accused of intoxicated or drug-impaired driving, with the intent to have those charges reduced or dropped altogether. We know that the trepidation many people feel walking into a courtroom is completely normal, but it should not prevent you from fighting for your rights.

As Bergen County DWI-DUI attorneys, we believe that taking a proactive approach to protecting your legal rights can pay off in the end. My legal team here at the Law Offices of John F. Marshall, is highly regarded throughout the state of New Jersey, not only because of our seasoned and expert defense attorneys, but also because of the results that we obtain year in and year out. When we prepare a client’s defense case, we endeavor to exhaust every avenue while thoroughly investigating the details of the arrest, as well as presenting a comprehensive legal strategy as a challenge to the prosecution’s evidence.

It goes without saying that law enforcement agencies throughout New Jersey have a dim view of motorists suspected of DWI or drug DUI. Similarly, our state’s drunk driving laws provide for some very harsh penalties for those drivers who are found guilty of violating the DWI-DUI legal statutes. Quite simply, a motorist is considered to have been driving under the influence in New Jersey if his or her blood-alcohol concentration (or BAC) is 0.08 percent or more. Penalties associated with DWI-DUI are also based on the BAC measurement determined at the time of the arrest.
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July 28, 2014

Bergen County DWI News: Driver Hits Police Officer’s Patrol Car at Drunk Driving Checkpoint

by Jonathan F. Marshall

As many Garden State drivers already know, DWI and drug DUI roadblocks are frequent, if not somewhat random, occurrences throughout the New Jersey area. As Red Bank drunk driving defense lawyers, my colleague and I know that a percentage of motorists who are charged with DWI end up being arrested for intoxicated driving at these so-called sobriety checkpoints, which show up in certain “trouble spots” in and around Monmouth, Ocean and Atlantic County, as well as numerous other parts of the state.

For the average person who turns up at one of these drunk driving roadblocks, if he or she has had any amount of alcohol to drink prior to the encounter, a potential nightmare scenario is being taken into custody on suspicion of DWI-DUI. Simply one or two bottles of beer or glasses of wine during dinner can sometimes result in a major legal problem for any driver charged with operating a motor vehicle while under the influence of alcohol. We are well aware of this because we defend many individuals who have been accused of drunken driving, as well as other alcohol- and drug-related traffic offenses.

My legal team also understands that when it comes to being stopped at a DWI checkpoint, those who are arrested or served a summons for drunken driving are many times curious whether these commonly used police enforcement tools are actually legal under the laws of the State of New Jersey, not to mention that of the U.S. Constitution. Clients may often ask about the fairness of DWI-DUI roadblocks, which is completely understandable given the random nature of these checkpoints.
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July 17, 2014

Brick Township Driver may Serve Prison Time for Fatal 2012 Ocean County DWI Auto Accident

by Jonathan F. Marshall

Driving while intoxicated (DWI), drunken driving, driving under the influence (DUI), or impaired operation of a motor vehicle — whatever you call it, drinking and driving in the Garden State is definitely not something that the police or our courts look at favorably. In fact, wherever you reside — be it Middlesex, Morris, Atlantic or any of the 20 or so other counties — the odds of being arrested and charged with a drunk driving offense can increase once a person gets behind the wheel of a car or truck after even one drink.

As New Jersey DWI defense attorneys, my law firm is committed to helping motorists who have been accused of DWI or drug DUI fight for their rights in courtrooms throughout the state. Over the many years of representing individuals charged with drunken driving, my colleagues and I have litigated dozens upon dozens of drunk driving cases. It goes without saying that many DWI-DUI cases involve traffic accidents, some of which are rather minor, while others entail more serious outcomes. And, there is a certain percentage of DWI-related accidents that entail more tragic results.

As skilled Monmouth County trial attorneys with expertise in drunk driving law, my legal team has defended numerous clients accused of a DWI- or DUI-related traffic collision. Because we believe that everyone deserves a proper defense under the law, my firm is ready and willing to represent our clients’ best interests. On the other hand, we understand the need for highway safety and therefore we do not condone the mixing of alcohol and driving.
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July 14, 2014

New Jersey Drunk Driving Defense Notes: Nothing Wrong with Fighting an Undeserved DWI-DUI

by Jonathan F. Marshall

For those individuals out there who may be on the fence about fighting a drunken driving charge in a New Jersey courtroom, we have a few words of encouragement. While it may seem difficult to challenge the often monolithic institution represented by state and local law enforcement agencies, our court system is another significant — and very important — institution where the so-called “little guy” can dispute the charges levied against him by the state.

If a motorist is pulled over for a traffic infraction, only to find herself taken into custody and cited with drinking and driving, there are options available. From the standpoint of protecting oneself from harsh monetary fines and other penalties, it is always a good idea to consult a qualified DWI or drug DUI trial lawyer. In particular, for anyone who has been charged with a DWI-DUI offense, the first question that should come to mind is, “How can I fight this drunken driving charge?” As Garden State DWI defense attorneys, our initial comment would be to act as quickly as possible.

My colleagues and I have been defending drivers accused of intoxicated and drug-impaired driving for many years. We know that time is one of the more critical factors when deciding to fight a DWI or drug DUI charge. Certainly, it is highly recommended to contacting a skilled DWI attorney early on in order to get the best possible advice that may help guide the accused motorist through the steps often necessary to avoid a drunken driving conviction.
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July 12, 2014

New Jersey Teens Playing with Fire? Underage Drinking/DWI can have Long-term Implications

by Jonathan F. Marshall

One of the many questions we get from prospective clients comes actually from the parents of teenagers who are facing charges of underage DWI. The first thing we explain to the adults is that leaving the outcome to chance is never a good idea. While the individuals involved in such court cases may still be children, flirting with a drunk driving conviction at such a young age is certainly not kid stuff.

As New Jersey drunk driving attorneys, the legal staff at my law firm understands that kids may be kids, but being on the hook for a drinking and driving offense is no time to leave a case of underage DWI to an inexperienced lawyer. Our skilled attorneys have nearly 100 years of combined litigation experience. We know the implications of any DWI or drug DUI conviction and we are ready to offer recommendations to those motorists who seek our counsel.

In the area of underage drinking and underage DWI, we understand that parents are often frustrated by the choices that some of their children make, especially as they are quickly approaching adulthood. Quite frankly, we can appreciate that it is a full-time job these days just keeping some kids on the “straight and narrow” path. The irony is that many parents committed similar transgressions in their youth, which can sometimes result in them being even more strict when setting boundaries for their own children.
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July 9, 2014

New Jersey Motorcyclist Injured in Toms River Collision Gets DWI Plus Several Drug-related Charges

by Jonathan F. Marshall

As a long-standing drunk driving defense law firm, the Law Offices of Jonathan F. Marshall have been helping motorists fight intoxicated driving and drug impairment charges for many years. If there is anything that my colleagues and I have learned during this time, it’s to never underestimate the role that fate can play in one’s life. We were reminded of this just a few days back when we ran across a news article about a motorcycle rider who started his evening as the victim of an automobile accident headed to the hospital and ended as the recipient of a DWI summons, as well as more serious charges of CDS possession.

Before we describe the incident, it is important to mention that police allegedly found more than 100 bags of heroin either on the motorcycle rider’s person or loaded onto his bike. In either case, being charged with heroin possession and/or distribution should not be taken lightly. As criminal attorneys, as well as drunken driving lawyers, my legal team is well aware that a conviction for heroin possession/distribution comes with very harsh penalties under New Jersey law.

In fact, possession of ANY amount of heroin, which is defined as a controlled and dangerous substance (CDS), is guilty a third degree criminal offense with possible jail time of up to five years. The fine for a conviction of Third Degree Heroin Possession, at upward of $35,000, makes the fines and statutory assessments for drinking and driving seem like a drop in the bucket. Needless to say, this is a very serious offense to be hit with.
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July 7, 2014

Garden State Drunk Driving Update: What to Expect During a DWI-related Traffic Stop

by Jonathan F. Marshall

Being arrested for intoxicated driving, especially if one is a law-abiding citizen, is nothing if not a traumatic and worrisome event. Motorists who are pulled over for traffic infractions generally are nervous to begin with, but if the driver knows that he consumed even a little alcohol previous to the police stop, that person’s anxiety level may be quite obvious to the patrolman in charge. As New Jersey trial lawyers and experts in the field of drunk driving defense, my legal staff is sympathetic to our clients’ situations, especially in cases where they believe they have done nothing wrong.

While it is often difficult to plan for an unforeseeable event, such as a DWI or drug DUI arrest, it is nevertheless a good idea to review some steps to take when such an occurrence does take place. Since most drunken driving arrests begin with a police stop for what is often a simple traffic infraction, it is wise to understand one’s rights under such circumstances.

When looking at what to do prior to and during a routine traffic stop, it is important to remain calm and react in a safe and predictable manner. This can begin the very first moment when a motorist notices that police cruiser following his or her car. Most drivers will likely see a patrol car in their rearview mirror just a short time before the officer switches on his emergency lights. In such instances, it is critical to act in a rational and intelligent fashion in order to demonstrate to the officer your ability to make intelligent and safe driving decisions from the onset.
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July 6, 2014

Alleged Drunk Driving Accident in Burlington County Leads to Driver’s Arrest for DWI, Drug Possession

by Jonathan F. Marshall

We won’t mince words here, because we know that being arrested for drunken driving (DWI) or drug impairment (drug DUI) in the Garden State cannot only be an unnerving and embarrassing experience, it can end up being a costly and burdensome event in one’s life. In fact, while some people may think that the worst is maybe several hundred dollars in fines, estimates regarding the long-term cost of a single DWI-DUI conviction show the cost more in the thousands of dollars.

When a person realizes that a conviction for driving under the influence can have that sort of financial impact, they almost don’t see the additional downside to having something like a DWI or drug DUI on their record. Negatives such as the loss of driving privileges for months at a time, having to hitch rides with friends and family to go anywhere during their license suspension, the possibility of being required to have an ignition interlock device (IID) installed once their license has been reinstated, and even jail time. It goes without saying that any one of these on its own could have a serious impact on one’s life and livelihood.

As New Jersey drunk driving defense attorneys, my legal team has been defending motorists accused of impaired driving for many years. We understand our clients’ concerns and we work hard to fight for your rights in court. It’s true that many people who have been charged with driving under the influence of alcohol or drugs might not have much hope of good outcome in court, we know from experience that receiving a DWI or DUI summons is not the end of the world, but it certainly needs professional attention.
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July 4, 2014

Somerset County Anti-DWI Police Activities in Full-force this July Fourth Weekend

by Jonathan F. Marshall

Operating a motor vehicle while intoxicated in the Garden State is dangerous for everybody, but it could be that much more risky — at least from a legal standpoint — due to the fact that drunk driving enforcement is a priority for the July Fourth holiday already in progress. Whether one travels though counties such as Sussex, Union, Mercer or Atlantic, or any other part of New Jersey, our highways, interstates, parkways and surface streets are currently experiencing greater than normal vehicular traffic; similarly, police DWI-DUI patrols are also increased for this long holiday weekend.

As New Jersey DWI and drug DUI defense attorneys, my colleagues and I fully understand the serious nature of any drunk driving or drug-related DUI arrest. Not even considering the possibility of a conviction for drunk or drugged driving, simply the stigma of being charged with driving under the influence can cause strife in a marriage, alienate one from friends and relatives, and even affect a person’s standing at work or in the community.

As experienced DWI lawyers, my legal team is ready, willing and able to fight for the rights of individuals who have been accused of impaired driving. We do so, not only because we believe in the law and our American legal system, but also because some arrests are faulty and can be proved so. During this time of the year, especially, drunken driving offenses are logged all across the Garden State. Much of the activity during weekends like the Fourth of July can be attributed to anti-DWI campaigns, which can include an increase in the frequency of roadside sobriety checkpoints as well as high-saturation DWI-DUI police patrols.
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