DWI Stops

May 5, 2014

Garden State DWI Defense: Even Underage Drivers Should Avoid a Drunk Driving Conviction

Everyone who holds a New Jersey driver’s license should know that a driving while intoxicated (DWI) or driving under the influence (DUI) charge is nothing to take lightly. In fact, drunken driving and drug DUI charges can carry with them severe consequences if a motorist is found guilty in a court of law. As Garden State drunk driving defense attorneys, my legal team is experienced in representing drivers who have been accused of these and other serious motor vehicle-related offenses.

One area of DWI law pertains to those drivers who have not yet reached legal drinking age, but for whatever reason have been charged with drunken driving. A person under the age of 21 can be convicted of DWI with a blood-alcohol concentration (BAC) of just 0.01 percent or more. This may seem like a rather harsh lower limit (especially when compared to the “normal” 0.08 percent for drivers 21 years of age or over), however this is the law and anyone who is underage and driving should seriously consider the consequences of being caught with even this small amount of alcohol in their system.

The penalties for underage DWI are listed in the New Jersey legal statutes (under N.J.S.A. 39:4-50.14). The law states that any person under legal drinking age who operates a car, truck or motorcycle with a BAC of 0.01 percent, but below 0.08 percent shall forfeit his right to operate a motor vehicle in New Jersey. This also applies to individuals who have not yet attained their operator’s license, since the statute specifically states that someone found to have an illegal amount of alcohol in his or her bloodstream shall be prohibited from obtaining a driver’s license for between 30 days to three months.
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May 4, 2014

Linden County Police Arrest Driver for DWI after Chase through Union and Middlesex Counties

by Jonathan F. Marshall

Most people will never end up in a situation where fleeing from the law becomes a perceived option, but it is not unheard of to see the results of a police chase end with an arrest for drunken driving. While alcohol may reduce an individual’s ability to safely control a motor vehicle, it can also reduce one’s inhibitions. As local and state police officers already know, a truly intoxicated driver can often make decisions that most people would usually think twice about.

As Garden State DWI and drug DUI defense attorneys, my colleagues and I are often called upon to assist accused drunk drivers. Many of these individuals believe that they were unjustly charged with a serious drunken driving offense by a law enforcement officer. While some people may choose not to fight a DWI-DUI summons, others believe that they deserve the right to state their case in a court of law. For a smaller percentage, the choice of retaining a qualified trial lawyer may be driven by other, even more serious concerns.

Fleeing a patrolman can often complicate one’s DWI defense, if only for the reason that high-speed chases increase the opportunity for bodily injury, not only to the driver himself, but to the officers and bystanders who may be caught up in a potential traffic accident as a result. New stories like the one we read just last month point up that fact that these types of incidents can and do occur here in New Jersey from time to time. In this particular instance, the subject of the chase was an out-of-state man who allegedly stole the vehicle he was driving.
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May 2, 2014

Garden State Drunk Driving Law Update: Jersey Motorists Charged with DWI Should Seek Help

by Jonathan F. Marshall

Considering the zealousness with which New Jersey law enforcement pursues drunken drivers, it’s not hard to imagine that local prosecutor’s offices are equally dedicated to convicting accused drunken drivers. With that in mind, it is important to remind anyone who has been charged with an alcohol- or drug-related driving offense that consulting with a qualified DWI-DUI defense attorney is often a good idea.

Our law firm serves the residents of New Jersey in counties such as Bergen, Monmouth, Ocean and Middlesex, among others. My colleagues and I know the ramifications involved with a DWI conviction — even on a first-time offense — not only in terms of the financial impact that may await a defendant, but also the potential social stigma attached to a drunk driving conviction. This is in addition to possible jail time, as well, though with the assistance of a skilled drunk driving defense attorney the odds of serving time behind bars is greatly reduced.

Even with the potential penalties hanging over the head of a motorist accused of DWI or drug DUI, quite a few drivers may still wonder whether or not hiring a New Jersey DWI lawyer is worth the trouble. This is because many drivers who are facing a DWI summons may simply consider the battle already lost once the charges are lodged against them. As experienced trial attorneys, we must say that there are numerous arguments why individuals should consider fighting a drunken driving charge.
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April 28, 2014

Hackensack Judge Upholds Motorist’s Third DWI Conviction, Sending the Defendant to Jail for 180 Days

by Jonathan F. Marshall

There are many good reasons to retain the services of a qualified drunk driving defense attorney — facing a possible third conviction for driving while intoxicated is definitely one situation that almost demands the assistance of a skilled legal professional. Yet for many people, the perceived expense of hiring a lawyer may make them wonder if it is cost-effective for a first-time offense. While there may be some argument for going it alone, this strategy rarely works out for most people in the long run.

For instance, some motorists who have been slapped with a summons for operating a motor vehicle while intoxicated believe, incorrectly, that plea bargaining on a DWI or drug DUI charge is still possible. Unfortunately, choosing to speak directly to a municipal prosecutor simply will not work. This is because every municipal prosecutor’s office in the Garden States has been precluded by the New Jersey Attorney General from entering into any plea agreement with an accused drunk driver.

For the above-mentioned reason alone, it is often critical for anyone facing the stiff penalties that can come from a drunken driving conviction to seriously consider retaining an experienced DWI-DUI defense lawyer. With years of legal training and courtroom experience, the professional legal experts at my law firm have the background that few, if any, laypeople possess. In fact, my legal staff has nearly 100 years of combined criminal and civil litigation experience.
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April 26, 2014

Drunken Driving Defense Update: Beware the Catch-all Careless Driving Offense

by Jonathan F. Marshall

For the average motorist, a conviction for even a first-offense DWI can represent a serious hit to one’s pocketbook. Here in the Garden State, drivers who have been charged with driving under the influence of alcohol can face fines upward of $500, depending on the defendant’s blood-alcohol concentration (BAC). Yet, these fines are hardly the worst penalties that an individual can experience if convicted for drunken driving; considering the substantial and long-term mandatory increases in one’s insurance premiums, the financial pain of a DWI or drug DUI guilty verdict can be extended for several years beyond any initial conviction.

Monetary penalties aside, there is always the possibility of jail time, which can be significant depending on the offense. While even a first-time drunk driving offender can face jail time — upward of 30 days — this undesirable penalty can often be avoided when choosing an experienced DWI defense lawyer to act as one’s legal representative. It is not uncommon, in such instances, for a convicted drunken driver to be ordered by the court to participate in a program at the Intoxicated Driver Resource Center (IDRC).

Convictions for second- and third-time offenses brings even more serious penalties, with fines upward of $1,000 and a required 30-day stint of community service. Following a conviction for a second offense, there is a mandatory period of incarceration ranging from two days to three months. It is important to note, however, that “incarceration” does not necessarily mean jail time here in the Garden State; a skilled DWI attorney can sometimes persuade the court to substitute a stay at the IDRC in place of a jail term. Note that when personal injury or some other unique circumstance is connected with a DWI charge, jail time can often be unavoidable following a possible conviction.
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April 23, 2014

New Jersey Motorist Charged with DWI after Out-of-State Police Traffic Stop for Speeding

by Jonathan F. Marshall

While not as common as in-state traffic stops, more than a few Garden State residents get caught every week by police in nearby states for any number of traffic violations. Although a speeding ticket or citation for a vehicle equipment violation may not weigh heavy on the mind of some individuals, being arrested for drunken driving — whether her in New Jersey or somewhere out-of-state — can cause one to seriously consider the present and future implications of a potential DWI or drug DUI conviction.

It is a fact that as a licensed driver here in New Jersey, a motorist is required to obey the traffic laws and rules of the road here, as well as in other states in which one operates a motor vehicle. The sharing of DMV information between law enforcement agencies across the country has made out-of-state violations just as relevant as if they occurred in one’s own home state. This means that even if a New Jersey driver violates a traffic law out-of-state that he or she will still be subject to penalties, points and license suspension within New Jersey.

For reference, there are two interstate agreements that affect drivers when operating their vehicles in a state other than their own. The first is known as the “Driver License Compact,” which is an agreement between 45 of the 50 states in the Union, as well as the District of Columbia, that governs certain traffic violations and license suspensions for non-residents. Essentially what this means is that when a motorist is convicted of a traffic violation in a state other than the one where he or she resides, the non-resident state will report that conviction to the appropriate agency in the motorist’s home state.
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April 21, 2014

Newark Driver Avoids Vehicular Manslaughter Charge in NYC; Gets Probation in Connection with Deadly DWI

by Jonathan F. Marshall

According to news reports, a New Jersey driver avoided a vehicular manslaughter charge in connection with a fatal 2013 auto-pedestrian collision over in Brooklyn last summer. Based on a recent article, the Newark, NJ, area motorist was sentenced to probation, a six-month driver’s license suspension, plus a $500 fine after his guilty plea for being drunk behind the wheel when he struck and fatally injured a 27-year-old woman on July 5 last year.

As Garden State DWI and drug DUI defense attorneys, my firm is all too familiar with the often devastating results of drunken driving. Although we defend individuals accused of DWI-DUI, we do not condone drunk driving; and we certainly do understand the risks involved in getting behind the wheel while under the influence of alcohol. There is no doubt that a DWI arrest in conjunction with a fatal traffic accident is something that no person would ever want to have happen. In this particular case, the prosecutors apparently believed that the defendant’s reported blood-alcohol concentration (BAC) of 0.126 percent was not a factor in the tragic death of the 27-year-old victim.

According to news articles, the deadly accident took place around midnight near the intersection of Flatbush and St. Marks avenues. At that time, the defendant was driving a BMW sedan when he reportedly struck the woman. As a result of the impact, the victim sustained massive head injuries, complications from which resulted in her death five days later as she was being treated in a local hospital.
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April 19, 2014

Monmouth County DWI Update: Even Simple Traffic Infractions Can Get a Motorist into Hot Water

by Jonathan F. Marshall

As most any drunk driving defense attorney will tell you, there are any number of traffic infractions that can open the door to a DWI, drug DUI, or in-vehicle CDS possession charge. Something as simple as making a right on red where it is prohibited can cause a police officer to pull a driver over and issue a traffic citation. If that motorist seems to be in some way impaired, there is a distinct chance that the patrolman may suspect alcohol or drug use, which can result in further investigation.

Being stopped for a basic infraction, therefore, has been known to lead to a motorist being asked to perform one or more field sobriety tests, followed in some cases by a trip to police headquarters for a Breathalyzer test and possible booking on drunk driving charges. It’s those simple driving rules that can trip up most any driver at just the wrong time. Here in the Garden State, the police are constantly on the lookout for motorists who make the most basic of driving errors — once a local patrolman or state trooper has made a traffic stop, that officer has an opportunity to question the individual and observe any hints of inebriation.

Without a doubt, the process of being stopped by a policeman and investigated following a driving infraction or equipment violation is not an enjoyable experience. This can be especially true since most any roadside police stop can result in the suspect being taken into custody and charged with impaired driving. As New Jersey DWI attorneys, my legal staff is aware of the pitfalls that await any motorist who may have had a drink before being pulled over.
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April 16, 2014

Motorist Arrested for Cherry Hill DWI after Allegedly Hitting Police Cruiser and Fleeing Scene

by Jonathan F. Marshall

Being at odds with the police may seem like a situation that no one really should invite, but it is not uncommon for drunken driving subjects to be aggressive or simply argumentative with police, which may seem surprising considering the potential downside of being uncooperative or belligerent during a roadside DWI or drug DUI stop. Simply put, it is never a wise idea to challenge the authority of a state trooper or even a municipal patrolman when facing a potential drunk driving charge.

As Garden State DWI-DUI defense attorneys, my legal team regularly defends individuals accused of operating a motor vehicle on New Jersey roadways while intoxicated by alcohol or a controlled dangerous substance (CDS). Every person accused of a crime or serious traffic offense, such as drunken driving or drug possession in a motor vehicle, deserves to have his or her day in court. Providing a proper and effective legal defense is the job of my firm, especially in cases of driving while intoxicated.

While hindsight is certainly 20-20, advice after the fact is rarely helpful to the individual already charged with an offense; however, when the topic comes up, if a friend, relative or acquaintance asks for any tips on how to alleviate the effects of a DWI traffic stop, we can only remind people that not much is ever gained from complicating an arrest by fighting either verbally or physically with a law enforcement officer.
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April 12, 2014

Garden State Moving Closer to Mandatory Ignition Interlock Devices for all Convicted Offenders

by Jonathan F. Marshall

While most people never imagine that they will be arrested and charged with driving under the influence, the fact remains that hundreds of drivers every week in New Jersey find themselves facing a charge of drunk driving, impaired operation of a motor vehicle due to prescription medications or illicit substances, or simply refusal to submit to a breathalyzer test. These days, with the rather stiff fines and other monetary penalties (not to mention possible jail time) that may come from a DWI-DUI conviction, it still amazes some people that so many DWI arrests actually take place on a daily basis.

For a great number of individuals who receive a drunken driving summons, the financial consequences are quickly learned, but there are also other penalties associated with a DWI conviction that do not always come quickly to mind. These include license suspension and the requirement of having an ignition interlock device (IID) installed on one’s vehicle for a period of time following the end of the aforementioned suspension. The inconvenience and stigma attached to these other post-conviction penalties have their own effect on those who have already fell the sting of fines and auto insurance premium assessments.

For anyone unfamiliar with IIDs, these devices are designed to prevent a vehicle from being started if the driver’s blood-alcohol content (BAC) exceeds 0.05 percent. Currently, in the case of first-time offenders, it is up to the court’s discretion to order the use of an IID for six to 12 months following restoration of a driver’s license. However, for those individuals convicted of DWI based on a BAC of 0.15 or greater, the law calls for mandatory installation of an IID during the license suspension period plus aforementioned six to 12 months following restoration of one’s license.
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