DWI Stops

April 26, 2010

NJ Drunk Driving Defense Update: New Jersey Appellate Court Upholds DWI Conviction per Chun

When fighting a drunken driving charge, a New Jersey DWI defense lawyer will use all of his experience to help his client get a fair trial. Since being arrested and charged with driving under the influence of alcohol is a serious offense with long-lasting and potentially detrimental effects on a person’s life and livelihood, a drunk driving attorney will use the law in an effort to achieve the most favorable outcome.

The court will usually consider the defense’s arguments and weigh those against that of the prosecution. A recent New Jersey appellate court decision (STATE V. UZUPIS) upheld one man’s appeal of a drunk driving conviction. The circumstances of the arrest appeared to be questionable, which is why the defense files an appeal.

According to the original case tried in an Atlantic County court, Luke J. Uzupis had been arrested after police found him sleeping in his running vehicle. At that time, a police officer spotted the man’s car parked at a closed gas station around midnight. The headlights were reportedly will on and the engine was running.

April 24, 2010

New Jersey Drunk Driving Defense News: Morris County Man Arrested for DWI; Resisting Arrest

by Jonathan F. Marshall

The outcome of charges arising from a drunken driving arrest, like many offenses tried in court, can be influenced by numerous factors. These can include the police officer’s initial evidence of intoxication, the breathalyzer or blood test results, circumstances surrounding the arrest and whether or not law enforcement personnel followed proper procedures when gathering or handling any evidence related to the DWI case.

When it comes to circumstances, it’s critical to remember that how a motorist conducts himself can influence how the police react and how the court views the defendant in the courtroom. For many people, being drunk or even slightly tipsy can bring out hidden personality traits, so there is no telling sometimes how a motorist will act when pulled over for allegedly driving under the influence of alcohol, prescription drugs or marijuana, cocaine or other dangerous controlled substance (CDS).

While there is no guarantee that acting the part of a model citizen during a DWI or drug DUI traffic stop will gain you any points for style if and when your case goes to trial, it can’t hurt either. Sometimes, accepting your circumstances is the best path, especially when dealing with a law enforcement officer.

April 22, 2010

New Jersey DWI Police Blotter: Bergen County, NJ, Drunk Driving and Marijuana Possession Arrests

by Jonathan F. Marshall

Marijuana CDS

In a possible drug DUI incident in North Arlington, NJ, two 20-year-olds in a light truck were stopped by a police officer who had been alerted by local residents to a possible marijuana drug deal going on in a local neighborhood. The traffic stop occurred on Belmont Avenue just before 4pm on a weekday. When the two men — who apparently were passengers in the truck — denied holding any marijuana, the officer told them that he would call in a drug sniffing dog to investigate. At that point, one man reportedly ran from the scene. He was eventually caught and arrested. Both he and the other 20-year-old were charged with possession of controlled substance and later released on summonses.

In Lyndhurst on a Saturday evening, police approached an apparently suspicious looking car that was sitting in a lot on Chubb Avenue. As officers approached the occupied vehicle, they could detect the reportedly strong odor of marijuana coming from the car. Based on police reports, a 15-year-old passenger and resident of Belleville, NJ, was charged with possession of marijuana.

April 20, 2010

New Jersey Drunk Driving News: Driver Flips Vehicle in Monmouth County Drunk Driving Crash

by Jonathan F. Marshall

While there are a variety of drunken driving charges, those involving vehicle accidents are more serious than simply being pulled over for a minor traffic violation and then issued a summons for DWI. As a New Jersey drunk driving defense lawyer, I and my colleagues have represented hundreds of motorists charged with driving while under the influence of alcohol or prescription drugs.

Some of these people were involved in serious accidents, while others were simply going about their business when they were stopped by a police office on suspicion of driving while intoxicated, or just a normal traffic violation that ended up turning into a full-blown DWI or drug DUI charge.

A smaller percentage of drivers are arrested for operating a vehicle while impaired by alcohol or a controlled and dangerous substance (CDS) as a result of a fatal traffic accident. As a DWI defense lawyer practicing throughout the Garden State, I will say that the most serious cases involve fatal wrecks or very serious injury accidents.

April 18, 2010

New Jersey DWI Defense Update: What Every Driver Should Know About Drunk Driving Arrests — Part One

by Jonathan F. Marshall

Being drunk on the road is always a risky scenario. But as a New Jersey drunk driving defense lawyer and former municipal prosecuting attorney, I know that many Motorists get caught up in DWI arrests unexpectedly. Understanding that being arrested for driving under the influence of alcohol is just the start of a long process is fine, but knowing that being convicted of driving while intoxicated is something you should avoid if at all possible.

The following may help some motorists in the Garden State avoid the pitfalls and legal troubles of being arrested, charged and convicted of drunken driving. Of course, the entire process starts with being pulled over for impaired driving in the first place. Whether you are eventually charged with DWI, drug DUI, breath test refusal, or other drunk driving violation, a traffic stop comes first.

Some people wonder is under what circumstances a patrolman can pull them over for driving drunk. While the officer in charge may not initially be aware of your alcohol consumption or prescription drug use, he can stop you for any number of reasons associate with violations of traffic law.

April 16, 2010

Morris County DWI and Drug DUI News: Madison, NJ, Drunk Driving Arrest Police Blotter

by Jonathan F. Marshall

In the early hours on a Wednesday morning, police observed a vehicle apparently being driven in an erratic manner. Pulling the car over to issue a traffic citation, the patrolman likely detected evidence of drinking and driving on the driver’s part, after which the 20-year-old female resident of Greenvillage, New Jersey, was arrested for driving while intoxicated. The officer took the allegedly drunken driver to police headquarters and charged with DWI. She was released to the custody of a friend not long afterward.

In a potential case of drug DUI, a 19-year-old out-of-state woman was found by police to be in possession of possession of marijuana and drug paraphernalia following a routine traffic stop in the municipality of Madison, New Jersey. Although the officer in charge had originally stopped the vehicle apparently for a moving violation, he discovered that a passenger was in possession of a schedule 3 narcotic. The woman was transported to headquarters for processing and later released pending a court appearance.

During a routine early evening traffic stop for defective vehicle, a Madison, NJ, police officer apparently suspected that one of the passengers in the vehicle may have had some kind of controlled dangerous substance (CDS) on his person. The suspect, a 19-year-old Fairlawn man, was arrested and charged with possession of marijuana, possession of prescription legend narcotics, and possession of drug paraphernalia. Officers transported the man to headquarters for processing and then released him pending a court appearance.

April 14, 2010

NJ Drug DUI News: Morris County Police Arrest Driver on Possible Marijuana, Cocaine CDS DUI Charges

by Jonathan F. Marshall

As a New Jersey drunk driving defense attorney, I understand how alcohol — beer, wine, hard liquor and other adult beverages — remains the so-called legal drug of choice for most people. Other illicit drugs such as marijuana, cocaine, meth and illegally procured prescription medications are the other side of the coin.

Regardless of the type, society, the courts and the police have made it clear than any substance that impairs motor skills when driving is deemed a threat to the public’s safety. That is why we have DWI laws and drug DUI statutes as well. Being stopped by the cops for driving while intoxicated, whether due to home-brewed ale or home-grown weed will likely get you arrested.

Having a qualified drunk driving attorney at your side is one of the better strategies in cases such as this. A recent news story coming out of Mount Olive, NJ, illustrates the kind of arrest that happens many times over during the year. According to reports, an out-of-state motorist was pulled over for a routine traffic violation — a broken windshield and an obscured license plate.

April 12, 2010

Hudson County DWI News: Bayonne, NJ, Police Arrest Two Drunk Drivers in Weekend Operations

by Jonathan F. Marshall

Drunk driving in New Jersey is punishable by fines and jail time. Monetary costs for being convicted of driving under the influence of alcohol can range from hundreds of dollars to thousands (not including increased insurance premiums as a DWI offender). Jail time, when stipulated, can be as much as sic months for operating a vehicle while intoxicated. You can also lose your license for upward of three years, which could impact your ability to get to a job or meet family obligations.

In Monmouth County, like that of Bergen, Ocean, Mercer and other counties around New Jersey, the police and the courts frown on motorists who flaunt the law. Whether you are found guilty depends on your choice of counsel and the extent of the drunken driving charges against. As a New Jersey DWI defense lawyer and former municipal prosecutor, I know when to fight and when to negotiate.

In Hudson County recently, two individuals were arrested by police in separate instances involving alleged alcohol-impaired motor vehicle operation. According to reports, Bayonne police responded to a car that hit two other parked vehicles on Avenue A near midnight on a Friday.

April 6, 2010

Drunk Driving News: Former New Jersey Nets Star Pleads Not Guilty to DWI Crash

by Jonathan F. Marshall

It’s obvious that professional athletes and other well-known personalities get into their fair share of trouble from time to time. Drunken driving, driving under the influence of alcohol, prescription drugs or marijuana, even illicit or illegal drug DUIs are common. As a New Jersey drunk driving defense attorney, I and my colleagues represent numerous clients accused of these and other impaired driving offenses.

According to a news report, former Nets player, Jayson Williams, asked the court to toss out a DWI (driving while intoxicated) charge he received earlier not long ago in Manhattan. The NBA star claimed he had done nothing illegal and was simply sitting in his damaged Mercedes when local police arrested and charged him with driving under the influence.

The basketball star’s DWI defense lawyer filed a statement along with other documents explaining to the court that Williams “had not, was not, or was not about to do any act which constituted a crime.” According to reports, Williams is serving a five-year prison sentence in New Jersey after pleading guilty to aggravated assault for fatally shooting a limo driver in 2002.

April 4, 2010

NJ DWI News: Out-of-State Driver Charged with Drunk Driving after Hitting Jersey City Cop

by Jonathan F. Marshall

It’s a fact that being convicted of drunken driving or drug DUI in another state can have the same effect as getting a conviction for driving under the influence of alcohol here in New Jersey. As a New Jersey DWI defense lawyer, I remind people that defending a motorist in cases of administrative suspension — or when an out-of-state drunk driving conviction may be used for sentencing purposes — is something an experienced DWI defense attorney is well-equipped to handle.

In the instance of an administrative suspension based on an out-of-state drinking and driving offense, New Jersey typically imposes that period of suspension which would be provided for under New Jersey law. That is to say, New Jersey’s Division of Motor Vehicles would consider the type of conviction in terms of how many previous DWI offenses that particular conviction represents (e.g. a first, second, or third violation).

Recently, an out-of-state driver was arrested and charged with DWI after hitting a Jersey City police car in a late night accident. The man, 44-year-old Michael B. Kelley, was also issued a summons for refusing to submit to a breath test following his arrest.