Essex County DWI Defense

July 5, 2012

DWI Police Blotter: Union County Patrolmen Arrest Drivers for DWI and Marijuana Possession

Whatever the situation; be it a routine traffic stop that results in a DWI arrest, a drunken driving summons received at a sobriety checkpoint, or a breath test refusal charge following a drunk driving stop in the city, there is no reason whatsoever for not consulting a qualified New Jersey DWI defense attorney. The fact is, the state has law enforcement to arrest motorists and prosecutors to prove guilt. At the very least, drivers who are accused of driving under the influence of alcohol or prescription drugs should take advantage of the experience of a DWI lawyer who knows the law.

Here in the Garden State, I and my staff of knowledgeable attorneys understand how a conviction for operating a motor vehicle while intoxicated can affect a person’s life going forward. Not only are there stiff monetary penalties, but also jail time for some offenders, as well as other consequences such as loss of driving privileges. The following items pulled from local news briefs show the many and varied situations that can lead to a DWI arrest.

Cranford Police Arrests
Officers pulled a Cadillac over along a stretch of South Ave. near Meeker following an illegal passing maneuver. During the roadside traffic stop, patrolmen apparently found evidence of weed on the driver’s person. The 21-year-old Orange County resident was arrested and charged with possession of marijuana (less than 50g) as well as possession CDS (controlled dangerous substance) paraphernalia and improper passing. The suspect was subsequently released pending an appearance in municipal court.
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June 18, 2012

Essex County Police Arrests Include Several DWIs and Possession of CDS in a Motor Vehicle

by Jonathan F. Marshall

Sometimes it seems that getting arrested for drunken driving or drug DUI in the Garden State is about as easy as going to the supermarket. While a percentage of the individuals that contact our office feel they deserved being arrested for driving while intoxicated by alcohol or impaired by prescription medication, many others believe they were unjustly accused or occasionally singled out.

Of course, as New Jersey DWI defense attorneys, I and my colleagues know that legally a police officer cannot stop a vehicle simply on the hunch that the driver of that car or truck may be under the influence of beer, wine or hard liquor. Similarly, assuming that a motorist is impaired by drugs, such as cocaine, pot or meth, is not enough evidence for a patrolman to pull over an automobile and check for illicit drugs, also known as controlled dangerous substances (CDS).

This is not to say that some officers act solely on a hunch, but they must have a concrete reason for stopping a driver; usually and observed violation of traffic laws, such as failure to yield, speeding, improper lane usage or lack of using one’s turn signal. Once a violation — regardless of how simple or seemingly insignificant — has been observed by a patrolman, a traffic stop can legally be initiated and further investigation of the vehicle and its occupants may be precipitated.
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May 9, 2012

Essex County, NJ, Patrolman Gets “Top Gun” Award for Most Drunken Driving Arrests in 2011

by Jonathan F. Marshall

As New Jersey drunken driving defense attorneys, I and my staff of experienced DWI lawyers make it our job to represent motorists who have been accused of driving under the influence of alcohol, prescription medications or other potentially intoxicating substances (such as cocaine or marijuana). This, however, does not mean that we do not understand the dangers associated with driving while intoxicated by alcohol, doctor-prescribed meds or even controlled dangerous substances (CDS).

Having worked in the past as a municipal prosecutor for many years, it was my job to obtain convictions against those drivers who had been arrested for DWI, drug DUI and breath-test refusal. Using that experience, I and my legal team can better understand the strategies and legal approaches used by New Jersey state prosecutors against drivers who may or may not have been legally drunk at the time of their arrest.

Of course, the first step in any New Jersey DWI/DUI case is the initially arrest. As anyone who reads local news reports already knows, drunken driving is a common offense here in the Garden State. Whether one lives in Bergen, Ocean, Passaic or Monmouth County, there are dozens of traffic stops every week that result in drunken driving summons being issued against drivers.
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November 23, 2011

Monmouth County DWI Update: Thanksgiving Holiday Sees Rise in Drunken Driving Arrests for New Jersey Motorists

by Jonathan F. Marshall

While the warm weather months are definitely behind us, New Jersey State Police and local law enforcement agencies note that parties and friendly get-togethers during the holidays also bring out the drinker in many drivers. As nearly anyone who drives in the Garden State understands, drunken driving enforcement never really lets up, especially during the peak holiday season.

As DWI defense lawyers serving residents of Bergen, Middlesex, Atlantic and other counties across the state, we are well versed in the tactics and strategies used by state and municipal police officers to secure the arrest of suspected drunk drivers. In fact, anyone who knowingly operates a motor vehicle while under the influence of alcohol or, for that matter, prescription medication, should realize that the odds of being arrested for DWI or drug DUI can be quite high.

If a police officer witnesses a traffic violation, he or she will usually make a routine traffic stop based on that initial offense, minor as it may seem to the average driver. Once stopped, a motorist will be closely observed for signs of impairment, usually due to consumption of beer, wine or hard liquor. If the patrolman has a reasonable suspicion that the driver of a car, truck or motorcycle is inebriated an arrest is more or less forthcoming.
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September 6, 2011

Garden State Counties Join in New Jersey Law Enforcement Drunk Driving Crackdown

by Jonathan F. Marshall

For many New Jersey residents, rather than enjoy this past Labor Day weekend they likely spent most of their time cleaning up from the effects of tropical storm Irene. Still, in areas less affected, surely some Garden State drivers saw some increased drunken driving enforcement activities by state and local police. As part of the national “Over the Limit, Under Arrest” campaign, it’s a fair bet that dozens of motorists had encounters with law enforcement officers during what has become an annual anti-DWI effort.

Of course, it’s hardly a good idea to operate a motor vehicle while under the influence of beer, wine or hard liquor, as well as illicit drugs such as marijuana and cocaine. But during the last two weeks, drivers who did take their chances by drinking and driving may have met with a DWI or drug DUI arrest or summons to appear in court.

This effort took place in nearly every county across New Jersey, including Bergen, Hudson, Union, Monmouth and Ocean, just to name a few. As a drunken driving defense lawyer and former municipal prosecutor myself, I understand how some individuals can be pickup up for driving while intoxicated, though perhaps be unaware that they were legally impaired at the time of their arrest.

Whether stopped by a rolling DWI patrol for an apparent minor traffic offense, or being waved into a sobriety checkpoint (also known as a DWI roadblock for observation by a police officer looking for drunken drivers, the resulting charges of drunken driving or impairment due to prescription medication or an illegal drug (also known as a controlled dangerous substance or CDS) can be costly in terms of fines and penalties, as well as the impact on an individual’s personal and business relationships or standing in the community.
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August 28, 2011

Essex County Police News: Glen Ridge Drunk Driving Enforcement Nets Half 2010’s DWI-DUI Arrests

by Jonathan F. Marshall

It goes without saying that the annual anti-drunk driving campaigns, here in the Garden State as well as nationwide, are funded in part by the government in hopes that some alcohol-related traffic deaths and injuries might be avoided. Of course, there is always a question of how effective these efforts are and whether they result in catching those truly responsible for driving under the influence of alcohol, prescription medications, or illicit drugs.

As New Jersey DWI defense attorneys, I and my staff of qualified drunken driving lawyers meet numerous individuals every month, many of whom have been accused of driving while intoxicated. A percentage of these drivers have likely been charged by police with DWI on shaky grounds, while others may legitimately believe that they were actually sober at the time of their arrest.

A fair number of DWI and drug DUI arrests occur during the annual “Over the Limit, Under Arrest” drunk driving enforcement effort. In order to get a sufficient number of drunk driving patrols on the street and to have enough officers to man the various sobriety checkpoints that tend to pop up all over the state during these campaigns, local police agencies receive funding in order to offset the added costs of manpower and equipment.

Whether you live in Hudson, Sussex, Monmouth or Passaic County, as a motorist you have no doubt seen or been aware of the increased police presence on highways and surface streets throughout the state during these enhanced enforcement efforts. According to news reports, towns like Glen Ridge, NJ, participated in the recent “Click It or Ticket” seatbelt enforcement campaign.
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August 16, 2011

Belleville, NJ, Police Report Zero DWI Arrests During “Click It” Campaign

by Jonathan F. Marshall

It would appear that Belleville Twp. has one of the lowest instances of drunk driving in all of the Garden State, at least during a recent traffic enforcement effort designed, among other things, to catch impaired drivers and have them arrested for and charged with DWI. Police officers from the geographically diminutive township recently participated in the “Click it, or Ticket” seatbelt enforcement campaign as one of 149 municipalities across the state to receive $4,000 to cover additional patrolmen during the two-week period from May 23 through June 5.

As part of this effort, Belleville police officers reportedly made no arrests of any drivers who may have been operating their vehicle while under the influence of beer, wine, hard liquor or controlled dangerous substances (CDS), such as cocaine and marijuana. Belleville patrolmen issued no drunken driving summonses during the effort. While this is in part amazing, considering the time of year, Belleville police did issue citations for a variety of other traffic offenses and civil infractions.

As a New Jersey DWI defense lawyer and former municipal prosecutor, I understand the techniques and strategies used by police officers and prosecuting attorneys to both arrest motorists who allegedly drive under the influence of alcohol or prescription medications (drug DUI), and also convict those individuals of intoxicated driving.
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June 16, 2011

NJ State Police Institute Tighter Standards Regarding Troopers Arrested for DWI

by Jonathan F. Marshall

In the wake of controversy revolving around State Police Trooper Sheila McKaig’s alleged drinking and driving incidents over the years, the New Jersey State Police have implemented new standards aimed at curbing potential abuses of power that some have said police officers occasionally commit when they are stopped for offenses such as DWI.

In McKaig’s case, numerous news reports indicate that she was never ticketed even though the officer was stopped multiple times for driving while intoxicated over the course of three months back in 2008. In this particular situation, the judge in the case did not recommend firing the trooper outright on the grounds that that McKaig did seek counseling and has been considered a model for other police officers.

Back to the NJ State Police and its newly instituted policies for officers caught driving under the influence according to reports, the agency has reportedly launched a review of the use by troopers of so-called “undercover identification cards.” Along with this, orders from up the chain of command within the State Police reportedly increase the accountability on the part of higher-ranked officers and requires more careful review of traffic stops (including car accidents) that may have been related to alcohol consumption.

As a New Jersey drunken driving defense lawyer, I and my staff, understand that the police have a tough job of maintaining the peace and bringing alleged perpetrators to justice. However, when the rules cease to apply to the vary people entrusted with the public’s safety this is when our tolerance as individuals and a society begins to be tested.

According to news reports, policy changes at the State Police will place responsibility squarely on the shoulders of regional commanders when a trooper is suspected of operating a motor vehicle under the influence of alcohol. In fact, based on information provided by local news sources, higher-ranking officers may even be required to respond themselves to the scene of a possibly alcohol-related traffic incident involving another law enforcement officer.
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April 28, 2011

Monmouth County DWI Defense: Things to Consider Following a Drunk Driving Arrest in New Jersey

by Jonathan F. Marshall

Whether you live or work in Ocean, Sussex, Bergen or Union County, it’s likely that nobody expects to be pulled over by police and arrested on charges of driving under the influence of alcohol. Here in Monmouth County, as in the rest of the Garden State, I and my staff of experienced DWI defense attorneys fully understand the anxiety and trepidation that follows a drunken driving or drug DUI police stop.

For first-time drunk driving arrestees, and even those picked up for driving under the influence of prescription medication or illicit drugs such as marijuana, the experience can be a shock. But more than that, not taking action and leaving one’s fate in the hands of the court is something that no one should allow to happen, if they can help it.

Of course, second and third-time offenders have a different set of circumstances to deal with, but in general, we always recommend that motorists consult with a qualified DWI lawyer. The reason is simple: being cited for impaired driving — whether allegedly due consumption of beer, wine or hard liquor; prescription pain medication or a controlled dangerous substance (CDS) — is nothing to be taken lightly.

Careers, marriages, and reputations have been ruined by drunken driving and DUI convictions. Of course, being arrested for driving while intoxicated can happen night or day. It usually, but not always, happens with a seemingly routine police stop for a supposedly minor traffic infraction — something as insignificant as a faulty taillamp. Other times it can come at the location of a drunk driving roadblock (also known as a sobriety checkpoint).

Regardless of the circumstances, once charged with a DWI one should as a matter of course contact a DWI-DUI defense attorney. My office has handled enough DWI cases and spoken with so many people charged with DWI or DUI that we know it’s not a wise idea to represent yourself in front of the court. Not only can the process of fighting a DWI arrest be confusing to the first-time defendant, there is no way that a layperson can come fully prepared to face the court – at least, not like one can with a qualified DWI defense lawyer at one’s side.
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January 9, 2011

NJ Legal Defense News: Essex County Driver Arrested for Drunk Driving Following Traffic Accident

by Jonathan F. Marshall

Regardless of where you live in the Garden State, local police officers and state troopers are constantly stopping motorists for traffic violations and many times arresting those individuals for drunken driving. As Monmouth, Union and Bergen County drunk driving defense attorneys, my staff represents New Jersey residents accused of driving under the influence, prescription drug DUI, breath test refusal, marijuana possession in a motor vehicle and impaired driving involving illegal drugs.

The types of drunken driving cases that are heard in our traffic courts are as varied as this state’s population, which includes upper and middle class people, as well as legal and illegal immigrants. No matter what the charge, every defendant is considered innocent until proven guilty in a court of law. One such arrest, typical of DWI and DUI arrests that occur every week across the state, took place early on a Sunday morning.

Arriving on the scene of a car crash in the 400 block of Franklin Avenue, patrolmen suspected one of the drivers of being intoxicated by alcohol. The accident happened just after 4am, according to police reports. Officers at the scene reportedly detected the odor of alcohol on the breath of 28-year-old Rene Cardona of Belleville Township, NJ, who was allegedly involved in the wreck.