DWI Stops

May 27, 2014

As Summer Season Approaches, State and Local Police Begin Announcing DWI Sobriety Roadblocks

With the days getting longer, many people already know that the summer driving season is fast on its way, and with it tens of thousands of vacationers — both local and out-of-state — heading to the Jersey Shore and other vacation venues. Now is the time when drinking and driving is a common topic in law enforcement circles throughout the state. Saturation patrols, drunken driving roadblocks and overall increases in anti-DWI enforcement are back as usual.

As highly experienced drunk driving defense lawyers, my colleagues and I have dedicated ourselves to assisting drivers who have been accused of operating a motor vehicle while intoxicated by alcohol or impaired by prescription or illicit drugs. Certainly, there is a percentage of motorists charged with DWI or drug DUI that believe they do in no way deserve being accused of such offenses. In such cases, it is possible that police may have made a poor judgment call based on faulty observations. In other instances, whether the driver was truly intoxicated becomes a serious point of contention due to a possible procedural error on the officer’s part.

Improper procedure, such as that required when conducting a breathalyzer test, can have a significant impact on the outcome of a drunken driving case, which can ultimately result in a dismissal or reduction in the charges. If the prosecution cannot clearly show that the officer made a proper traffic stop to begin with, this is also a potential avenue for a motion to dismiss the charges against the defendant. Naturally, the details of the incident and the facts presented at trial will have a great bearing on the judge’s decision in the case.
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May 25, 2014

Rutherford Driver Indicted for Vehicular Manslaughter after Fatal 2013 DWI Pedestrian Accident in Bergen County

by Jonathan F. Marshall

While many people know that drunk driving is a risky activity, to say the least, fewer know the true consequences of being found guilty of a DWI or drug-related DUI that results in bodily injury or death. As New Jersey DWI lawyers, we understand how frightening it can be to face potential jail time for what seems to be a simple error in judgment. Regardless of whether a defendant in DWI and drug DUI cases believes he or she is innocent of wrongdoing, the fact is that municipal prosecutors all across the Garden State pursue aggressive legal action against those motorists accused of drunken driving when tied to injury-related automobile accidents.

Whether you or a loved one have been accused of intoxicated driving combined with vehicular assault or death by auto charges, the value of having a qualified drunk driving defense attorney on one’s side is immeasurable when compared to the possible negative aspects of a DWI conviction. It goes without saying that the monetary penalties are often the least of one’s problems when faced with mandatory jail time following a guilty verdict in a DWI or drug DUI case.

Taking an aggressive approach to defending our clients, the legal team at the law offices of Jonathan F. Marshall recognizes that not every drunken driving case is as clear cut as the local prosecutor may have the court believe. Our skilled defense lawyers have nearly 100 years of combined litigation experience, all of which can make a difference when fighting serious charges of driving while impaired by alcohol, doctor-prescribed meds, or illicit drugs (otherwise known as controlled dangerous substances or CDS).

From time to time, there are certain DWI-DUI cases that present considerable challenge from a legal standpoint, especially those involving significant property damage or bodily injury. The most serious of these would be drunken driving-related traffic accidents resulting in the death of one or more individuals. It goes without saying that the penalties for DWI in an injury-related or fatal accident case are much greater than other DUI-DWI cases that do not include personal injury or possible claims of wrongful death.
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May 23, 2014

Monmouth County DWI Police Blotter: Middletown Twp. Police Charge Numerous Individuals with DWI, Other Offenses

by Jonathan F. Marshall

Middletown police filed multiple arrests in late April and early May for motorists in the area who were suspected of drunken driving and other DUI-related traffic offenses. As Garden State DWI defense lawyers, my team of experienced trial attorneys understand the fear and apprehension that a drunk driving arrest can cause the average person. But regardless of the circumstances under which a driver has been accused of intoxicated operation of a motor vehicle, the prudent course is often to contact a qualified DWI lawyer for advice and counsel.

Although the state of New Jersey has banned plea bargaining in cases of DWI and drug DUI, there are still instances where the state’s evidence does not hold up in court. As such, a skilled drunk driving defense lawyer has the litigation background and legal training to handle a DWI-DUI case and perhaps lessen or reduce the potential penalties following a drunken driving conviction. There are occasions where the court will dismiss a DWI charge, based on lack of evidence or improper police procedures that are specified by law.

As with many kinds of criminal and civil court cases, the secret to avoiding a conviction or obtaining a downgrade in charges, and therefore penalties, is identifying certain points that will help to undermine the prosecution’s case against the defendant. Interesting enough, many DWI and drug DUI charges arise from what began as a simple or relatively routine traffic stop.
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May 21, 2014

Police in Ocean County Arrest Three Drivers in Separate DWI-related Incidents

by Jonathan F. Marshall

Three individuals were recently taken into custody around Ocean County on charges of drunken driving, though the circumstances were rather different for each of the motorists accused of DWI. As Garden State trials attorneys and professional drunk driving defense lawyers, the legal team at the law offices of Jonathan F. Marshall knows that DWI and drug DUI arrests can take place at any time of the day. As longtime advocates for motorists accused of driving while intoxicated, we also are well aware of the odd situations in which some people find themselves, which result in such encounters with the law.

Take the recent arrest of a 42-year-old Barnegat resident when he was observed by patrolmen asleep behind the wheel of his vehicle as it was idling in a McDonald’s fast-food restaurant drive-through. According to the news story we ran into, Stafford Twp. police were called to the scene of a possibly inebriated individual around 2pm on a Friday morning. Based on the police report, the driver had only moments earlier placed an order for some food with the staff at McDonalds when he apparently fell asleep while in line for his order.

The restaurant staff was unable to awaken the man, who apparently passed out in his car. Officers arriving on the scene reportedly roused the motorist and then charged him with driving under the influence of alcohol. He was also found to have had a number of outstanding warrants totaling more than $2,500. He was booked and eventually remanded to the Ocean County Jail in lieu of bail.
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May 17, 2014

Summertime is Almost Here, Yet Serious Penalties Exist Year-round for DWI in School Zones

by Jonathan F. Marshall

We’re fast approaching the first day of summer, when kids all over New Jersey will be running toward the exits of many primary and secondary schools. With warm weather finally here and families making vacation plans for the Jersey Shore and other summer fun spots, it is important to remember that school is still in session. And regardless of whether kids are in school or not, local and state police are still keen on pulling motorists over when they are observed making even the most basic of driving errors in a school zone.

Many drivers are likely aware that increased penalties exists for those drivers convicted of intoxicated operation of a motor vehicle while within 1,000 feet of school property, but what most people may not realize is that it makes no difference whether school is in session or if children are present or not, the enhanced monetary fines and other penalties for DWI in a school zone are always in effect.

As Garden State drunken driving defense lawyers, my firm’s legal team understands New Jersey DWI-DUI law. Potential clients visiting our offices can include those individuals who have been arrested for or charged with driving under the influence of alcohol, doctor-prescribed medication, or an illegal controlled dangerous substance (CDS). Whichever is the case, if convicted, a driver will be looking at some rather unpleasant penalties.
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May 16, 2014

New Jersey Police Joining Forces to Write Up Seatbelt Violators May Find Intoxicatedd Drivers Too

by Jonathan F. Marshall

Many motorists may not realize it, but we will soon be in the midst of another highway safety campaign here New Jersey. Just as law enforcement agencies throughout the Garden State have benefited from funding to enforce mandatory seatbelt laws, towns such as Wayne, NJ, up in Passaic County will see their police officers out on patrol looking for traffic violators. And, while this may not concern most people, what it means is that the heightened vigilance and, likely, increased manpower on our public roadways could result in an uptick in drunken driving arrests as well.

As Bergen County DWI and drug DUI defense attorneys, my colleagues and I are attuned to the goings on throughout the state of police actions that can result in greater than normal drunk driving arrested, impaired driving summonses and marijuana (and other CDS) possession charges. This latest campaign will begin on May 19 and run through the first of June. It also reminds everybody of the coming summer vacation season, when the frequency of DWI-DUI patrols are typically increased due in response to the annual influx of tourists and party-goers to the Jersey Shore and other venues.

According to a new article, one of a vanguard of driving safety campaigns was announced by the Wayne Township PD recently. The so-called “Click It or Ticket” campaign is tailored to increase the awareness of drivers and passengers alike regarding the state law that requires all passengers to wear a safety belt regardless of where they are seated in the vehicle. Even though violation of the Garden State’s seatbelt law is a secondary offense, meaning that a motor vehicle cannot be pulled over solely because a police officer observes a motorist or passenger riding “sans belt,” the larger volume of police patrols will likely make for a busy campaign of traffic enforcement.
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May 14, 2014

Fender-Bender or Simple Flat Tire… In Jersey, Either Can Lead to a Costly DWI

by Jonathan F. Marshall

The odds of receiving a drunk driving summons in New Jersey are not as slim as many might think, especially in cases where a driver may be returning home from a night out with friends and there is some alcohol in the driver’s system. Of course, one of the more tried-and-true ways to avoid a DWI arrest and related charges is to not get behind the wheel of any motor vehicle when one has had a couple of drinks, or more. At the same time, it is not unheard of to see motorists who have not had a drop of beer, wine or hard liquor end up being arrested for some kind of impaired driving.

As Garden State DWI-DUI defense attorneys, my legal team knows that the easiest way to find out whether one will be suspected of driving while intoxicated is to either get into an accident or drive in a (supposedly) careless or reckless manner. Even a simple vehicle equipment violation can open the door to scrutiny by a local police officer or state patrolman. Frankly, it doesn’t take much to get the attention of a law enforcement officer, no matter where one drives.

From the standpoint of the law, a motorist can be served with an impaired driving summons based on any number of alleged offenses, including consuming alcohol prior to hitting the road, ingesting an otherwise intoxicating substance, or operating a motor vehicle while under the influence of illegal drugs or even legal, and doctor-prescribed, medications.
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May 12, 2014

Sussex County Drunk Driving News: Vernon Police Arrest Several Individuals for DWI, CDS Possession

by Jonathan F. Marshall

Most every motorist in the Garden State likely knows that drunk driving arrests occur quite often all around the state. But whether or not one travels through Bergen, Monmouth or Ocean County, or Passaic, Hudson or Middlesex, being stopped by the police for a traffic offense does not necessarily mean that a driver will be charged with driving under the influence, though the circumstances will often dictate the outcome of any traffic stop.

Occasionally, receiving a DWI or drug DUI summons can be a simple matter of timing. One must understand that feeling one is in the right will usually not alter the way a patrolman or state trooper views that particular situation. As we often suggest to family and friends, it’s better to err on the side of caution — by locating a sober ride back home or taking public transport — than to risk being stopped by the police and possibly end up with a charge of impaired driving.

As experienced legal professionals, my colleagues and I have seen our share of courtroom situations where a driver committed a minor traffic violation only to find himself under arrest for drunken driving an hour later and waiting at the police station for a responsible party to pick him up. If a person has had any amount of alcohol recently, there is no reason to take chances — not only with one’s physical safety, but also legally — by getting behind the wheel of an automobile while potentially intoxicated.
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May 9, 2014

Police Blotter: Police in Monmouth County Report DWI, Drug-related Arrests in Middletown, Red Bank

by Jonathan F. Marshall

As DWI defense lawyers, my law firm has for years provided legal services to individuals who have been accused of driving while intoxicated by alcohol, impaired by prescription medications, and other drug or alcohol-related traffic offenses. Regardless of the circumstances — such driving home from an after-work get-together at a local pub, traveling along the Garden State Parkway following a social event, or even returning from a family gathering at the beach — if a driver has consumed even a seemingly minor amount of beer or wine, the opportunity can always exist for a DWI-DUI arrest.

As anyone who reads articles from local news sources can likely attest, there are near-constant reports regarding motorists who have been charged with driving a car, truck or motorcycle while inebriated, as well as some involving arrests for marijuana possession or prescription medication-related drug DUI. As professional drunk driving defense experts, my staff has represented clients in a wide variety of criminal and civil cases.

From DWI-related auto accidents and underage drunk driving, to arrests use or possession of a controlled dangerous substance (CDS), my law firm has the legal background and the trial experience to assist motorists accused of any manner of alcohol or drug-related traffic offenses. Living and working in the Garden State, it is not difficult to notice police activity on our roadways day and night. The following incidents are just a few of the typical (and some not so typical) arrests that take place in counties from Hudson and Passaic to Ocean and Cape May.
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May 7, 2014

New Jersey Lawyer Found Not Guilty of Obstruction During Client’s DWI Police Stop

by Jonathan F. Marshall

A lawyer from the Salem County area was found not guilty of charges he obstructed police during a drunken driving stop involving one of his clients last fall. According to news articles, the attorney appeared in a Woodbury Heights municipal courtroom with his own lawyer to address the charges that he interfered with New Jersey state troopers after they had pulled a vehicle over in Pilesgrove Twp. last November 24.

According to court records, on the evening of November 24, state patrol officers responded to a report of a hit-and-run traffic accident along a stretch of Point Airy Rd. in Salem County. Arriving at the scene, officers found a pickup truck matching the description of a vehicle allegedly involved in the earlier hit-and-run incident. The state trooper first on the scene stated to the court that the driver, 53-year-old local resident David Stout, began to exit his truck as she approached the vehicle, but got back into the truck when requested by the officer.

Based on news reports, the state troopers had been interviewing Mr. Stout for just a few minutes when a second civilian vehicle pulled up to scene. A man identified as Stout’s lawyer exited the passenger side of the second car, allegedly to advise his client to remain silent. Much of the event was apparently recorded by the state trooper’s dash-mounted video camera, according to police reports.