DWI Stops

July 1, 2014

Accused of Drugged Driving in New Jersey? It’s just as Serious as a DWI Offense

Although being charged with drinking while intoxicated by alcohol is a very serious traffic offense, there are other activities that can get Garden State motorists in hot water rather quickly as well. The term impaired driving is often used as a catch-all for any number of offenses, such as DWI and DUI, but with the advent of cell phones, smartphones and even iPads and other portable tablets, being distracted while driving may soon be just another version of being impaired.

When it comes to the more traditional forms of impaired driving, the drug-related kind (or drug DUI) combines not only the charge of being impaired behind the wheel, but also the use and/or possession of a controlled dangerous substance (CDS). Overall, it goes without saying that driving under the influence of drugs is at least on a par with DWI in the eyes of traffic enforcement officers.

By law, specifically N.J.S.A. 39:4-50(a), any individual can be arrested for operating a motor vehicle while impaired by a hallucinogenic, narcotic or habit producing drug. Proof of impairment or intoxication due to CDS use is generally provided in the form of an expert opinion, however this requirement is currently relaxed during the ongoing appeals process in our state’s judicial system.
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June 29, 2014

For Some Garden State Drivers, a DWI Arrest is Just One Driving Error Away

by Jonathan F. Marshall

It goes without saying that many average motorists can become pretty rattled when a highway patrolman or even a local police officer pulls them over for a traffic offense. Because most people have little, if any, contact with law enforcement professionals in their daily lives, being confronted by any cop for an alleged moving violation can be a nerve-racking experience. As experienced New Jersey trial attorneys, my colleagues and I know very well how even the most minor of police stops can leave a driver trembling and second-guessing themselves.

Now, add the potential of intoxicated driving to the mix and you have a serious situation. The can be especially true when a motorist has just been at a restaurant or is returning home from visiting a party with friends or family. If any alcohol was consumed, there is always a possibility that the officer in charge may suspect the driver of DWI. When a state trooper or municipal patrolman asks for the details of one’s evening, having a couple drinks can turn a simple traffic summons in to a full-blown drunken driving arrest.

Leading up to an arrest, many times the police will request a motorist exit the vehicle to perform one or more of the standardized field sobriety tests, which may not always indicate correctly whether a person is impaired or not, but which is often relied upon when a policeman decides whether or not to make an arrest. Being nervous will quite often make the situation worse for a potential arrestee, since fumbling for documents and having a less-than-smooth vocal delivery can influence the outcome of a DWI stop.
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June 26, 2014

Morris County Police Blotter: DWI Accident Leads to DWI; Other Alleged Drunk Drivers Arrested

by Jonathan F. Marshall

A driver from the Dover area was recently taken into custody by officers from the Randolph Township Police Department after an investigation revealed that the driver may have been intoxicated at the time of the wreck. According to reports, patrolmen responded to a car accident along a stretch of Everdale Rd. earlier in the year when the suspect’s car plowed through a snow bank and hit a tree. The crash, as reported in a more recent news article, took place on March 22.

Based on information from the Randolph PD, one of the officers responding to the apparent single-vehicle crash noted that the driver allegedly had a “strong smell” of alcohol on his breath at the scene of the collision. Apparently, it was decided to charge the individual on several counts, including driving under the influence of alcohol (or DUI) and refusing to submit to a breathalyzer test, as well as reckless driving. There was no mention of a court date.

In another instance of alleged drunken driving, a resident of Rockaway, NJ, was stopped by local police after police received word of a motorist operating a motor vehicle in an erratic fashion, and allegedly almost striking a pedestrian in the process. Based on police reports, a 49-year-old local man was operating his vehicle in the mid-afternoon on school property, specifically the Morris Hills High School parking lot.
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June 22, 2014

New Jersey DWI News: Mothers Against Drunk Driving (MADD) Jump Into Ignition Interlock Fray

by Jonathan F. Marshall

Poised to testify in Trenton before the State Legislature’s Assembly Appropriations Committee, representatives from the anti-drunken driving group, Mothers Against Drunk Driving, or MADD, will state the case for pending legislation that could make ignition interlock devices (IIDs) mandatory for all convicted drivers regardless of prior convictions. The presentation by MADD is scheduled for tomorrow and is expected to echo those who have been pushing for changes to current state law to include the mandatory use of IIDs.

The proposed legislation, A 1368, which was introduced by Assemblywoman Linda Stender, would require ignition interlocks for every convicted drunk drivers, even first-offenders. While IIDs can be inconvenient and potentially embarrassing when installed on an individual’s vehicle, the legislation reportedly also includes changes to the license suspension requirements for those convicted of DWI.

As Garden State drunk driving defense attorneys, my colleagues and I know very well the serious burden that New Jersey’s current DWI-DUI statutes places on those individuals convicted of drunken drivers by requiring mandatory suspension of driving privileges for three months or more, depending on the number of prior convictions. Many argue that having a mandatory IID installation for every convicted offender is a small price to pay for NOT losing one’s driver’s license.
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June 14, 2014

Jersey Shore DWI News: Drunk Driving Patrols on the Rise as Summer Quickly Approaches

by Jonathan F. Marshall

Most every adult here in the Garden State who drives a car has noticed over the years that police traffic enforcement generally ramps up as the weather gets warmer and the vacationers start a migration to the famous Jersey Shore. While the spring and summer revelry is always a welcome change from the freezing temperatures of winter, some changes are not always that pleasant. In particular the opportunity for traffic citations and, occasionally, an alcohol or drug-related arrest.

As New Jersey drunk driving attorneys, we receive a number of questions from friends and acquaintances, as well as potential clients, regarding the legitimacy of certain kinds of drunk driving enforcement; namely, the random erection of late-night drunk driving roadblocks, also known as sobriety checkpoints. Depending on where you live, the frequency of these “tools” of law enforcement can rise or fall based on the time of year of the funding available to staff them.

One of the many questions we get is whether or not sobriety checkpoints are legal in New Jersey, or if they are even constitutionally allowed. When asked, we must tell people that, in fact, DWI checkpoints are legal, both on a state and federal level. From a constitutional standpoint, the issue of police roadblocks was addressed in successive cases starting back in 1979, when the United States Supreme Court heard arguments in the case of Delaware v. Prouse.
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June 11, 2014

NJ DWI News: Causing Injury to Others while Under the Influence is a Bad Combination

by Jonathan F. Marshall

As long-time Garden State drunken driving defense lawyers, my colleagues and I have seen just about everything over the nearly 100 years of our combined legal careers. In our capacity as litigators for New Jersey motorists, representing individuals accused of intoxicated driving or drug DUI has given us more than a little insight into the variety of alcohol-, prescription drug- and illegal substance-related traffic arrests. Quite simply, we understand the many and varied ways that drivers can be stopped and charged with driving under the influence.

For most motorists, at least those served with summonses or arrested for an alcohol- or drug-related offense, the usual scenario does not involve a serious traffic accident. In many instances, a driver will have been stopped after being observed making some kind of simple driving error or even a more overt moving violation, such as speeding, improper passing or running a red light.

It is only after one of these routine traffic stops that a police officer may question the driver regarding his activities prior to the stop. Although New Jersey law prohibits a patrolman from stopping a motorist purely on a “hunch” that the driver is inebriated, once stopped at the roadside, the line of questioning may lead to suspicion of drinking and driving, or even some kind of drug-related DUI.
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June 7, 2014

Middlesex County DWI News: South Brunswick Twp. Increasing DWI-DUI Enforcement Efforts this Weekend

by Jonathan F. Marshall

The official start to summer is not very far off, but drivers traveling in vicinity of South Brunswick should be aware that township police will be on higher alert for drunk drivers and those operating in an impaired state this weekend. According to news reports, roving patrols and sobriety checkpoints (aka DWI or drunk driving roadblocks) will be conducted in various parts of the township. As New Jersey DWI-DUI defense lawyers, our advice is to avoid any alcohol, take public transportation home from parties or other gatherings, or enlist the services of a designated sober driver.

Drivers coming from other areas and traveling through the South Brunswick area will likely be seeing evidence of increased traffic enforcement as the weekend continues. In fact, this is just the beginning of a usually more frequent and greater level of police activity, if only because the summer official begins in just a couple weeks. Being long-time drunken driving defense lawyers, my colleague and I know that Garden State roadways will be packed with vacationers, as well as police, each weekend as the summer progresses.

As with any enhanced enforcement period, the chances of being stopped for one of any number of minor traffic offenses is higher than the slower times of the year. And while police officers by law are not allowed to stop a motorist simply on a hunch that he or she may be intoxicated or otherwise impaired by alcohol or a controlled dangerous substance (CDS), there have been instances in the past where the state’s case has been thrown out, or the charges reduced, simply because a patrolman did not follow proper procedures when making a traffic stop that eventually led to a DWI or drug DUI.
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June 6, 2014

New Jersey Drunken Driving News: Police DWI Arrests in Hunterdon County

by Jonathan F. Marshall

As long-time practicing Garden State legal professionals, my law firm has dedicated itself to helping those motorists who have been charged or otherwise accused of operating a motor vehicle in an intoxicated or impaired condition. Whether the charges stem from suspicion of alcohol consumption, the taking of doctor-prescribed medications, or illegal drug use, our legal team has the training and litigation skills to represent individuals who feel they have been charged with an unwarranted offense.

We have been defending New Jersey drivers for a great many years, and because of this we understand the truly onerous financial impact that a DWI or drug DUI conviction can have on single individual or a family. While some people may only consider the fines and court fee associated with a drunk driving conviction, they do not always look at the long-term monetary cost of mandatory insurance premium increases, which can add up to thousands of dollars over the course of several years.

With the aforementioned said, my colleagues and I know that the best way to beat a drunk driving summons is to avoid it in the first place. Understanding, as we do, the effect that human nature has on the outcome of certain events, such as being arrested for driving while intoxicated, there are time that one can be caught off guard without much warning. The summertime can often be fraught with police-related traffic stops along the parkway, on interstates and through cities and towns. Many of the police stops that take place involve the possibility of an impaired driving arrest.
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June 3, 2014

Garden State DWI Update: Reviewing the Penalties for a Boating While Intoxicated Conviction

by Jonathan F. Marshall

Quite frequently during course of the summer it is not uncommon for New Jersey DWI and drug DUI defense attorneys to receive numerous inquiries regarding the validity of a BWI summons, better known as a boating while intoxicated offense. The fact that the bulk of these kinds of charges crop up during the warmer weather is hardly surprising given the marked increase in boaters and recreational fishermen who take to the waters off of the Jersey Shore, as well as on the inland waterways throughout the Garden State.

As Monmouth County DWI-DUI lawyers, we understand fully the confusion that surrounds a BWI arrest or issuance of a summons related to intoxicated boating. While most people understand that driving under the influence of alcohol or prescription drugs is a serious offense when on New Jersey roadways, many find it somewhat difficult to equate the seriousness of drunk driving to the operation of a watercraft.

One of the possible trains of thought is that there are fewer boats on the water than cars on the turnpike, so why should drinking a little alcohol while piloting a powerboat be such a serious matter? Another rationalization could be that boats don’t travel as fast as cars, so collisions, if they occur, should be less dangerous. Unfortunately, New Jersey law enforcement agencies, as well as the state’s legislators, feel much more strongly about the dangers of drinking while operating a boat. Either way, the fact remains that BWI is a chargeable offense and a potentially costly one as well.
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June 1, 2014

Ocean County, New Jersey, Prosecutor’s Office Declares ” Zero Tolerance” for Summertime DWI Enforcement

by Jonathan F. Marshall

With summer now two weekends old, many Garden State drivers and more than a few out-of-state motorists passing through will have been stopped by New Jersey state troopers or one of many municipal cops trolling the state’s parkways, turnpikes and interstates in search of traffic law violators. As part of the routine number of police stops involving the issuance of citations for any number of moving violations, patrolmen often find drivers who may have imbibed a little too much beer or wine prior to getting behind the wheel. This can sometimes lead to a costly and often embarrassing DWI arrest.

As New Jersey drunk driving defense lawyers, my firm is dedicated to helping those motorists who have been accused of drinking and driving, operating a motor vehicle while under the influence of prescription medication, or some other impaired driving offense. While some may argue that hiring a lawyer to defend against a DWI or drug DUI summons is not worth the cost, those people often do not consider the long-term effects of a drunk driving conviction, which include mandatory increases in a defendant’s auto insurance premiums, which last for several years and total thousands of dollars.

Of course, the best defense against being convicted for DWI-DUI is simply not to drink and drive in the first place; even a small amount of alcohol in one’s bloodstream can result in a bevy of serious charges — and that doesn’t even include the possibility of getting into a personal injury accident as a consequence. Nevertheless, human nature often wins out over common sense, which is why we constantly see enhanced police traffic enforcement during certain times of the year when drunken driving is most prevalent.
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