Field Sobriety Tests

July 24, 2013

Union County DWI Police Blotter: Fanwood, Garwood and Summit Police Make Multiple Drunk Driving Arrests

It’s easy to become incensed about a traffic ticket, especially for an individual who has never before been face to face with a municipal patrolman or a state trooper; authority figures who essentially tell a that person that he was, plain and simple, in the wrong. But imagine not only being told you were wrong, but that you were being arrested for your mistake as the officer saw it. It’s not hard to see that many an otherwise law-abiding citizen might lose his cool under such circumstances.

As New Jersey DWI defense lawyers, my firm is well versed in the laws of this state as they apply to operating a motor vehicle while under the influence of beer, wine, hard liquor, and even prescription medications or illicit drugs. With more than 100 years of collective litigation experience, I and my colleagues take our jobs very seriously when it comes to representing the interests of clients who have been accused of drunken driving, breath test refusal, CDS possession in a vehicle, drug DUI and other DWI-DUI cases.

While many of our clients are first-time offenders, there is no lack of people who find themselves in similar situations each and every day. Alcohol and drug-related traffic arrests are made by police constantly all across the Garden State. We are asked quite often by potential clients if an officer needs a warrant to make a drunk driving arrest. The short answer is actually, No.
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July 10, 2013

NJ Police Blotter: DWI Arrests Include Suspect Fleeing from Drunk Driving Stop in Union County

by Jonathan F. Marshall

Here in the Garden State, motorists are not lacking in choice when it comes to selecting a drunk driving defense attorney to representing their interests following a DWI or drug DUI arrest. Whether it’s a routine traffic stop that results in a summons for impaired driving or multi-car accident that points to a driver being drunk behind the wheel, an unending procession of intoxicated driving and prescription drug-related DUI cases is constantly marching through New Jersey courtrooms almost every day.

As experienced drunken driving defense lawyers, I and my staff of skilled trial attorneys have the legal background and professional experience that brings results. The Law Offices of Jonathan F. Marshall provides clients with legal representation in cases involving drunken driving, drug-impaired vehicle operation, possession of illegal or controlled dangerous substance (CDS), and breath test refusal, just to name a few.

Especially here in New Jersey, where stiff DWI fines and other penalties await those convicted of driving while intoxicated, there is a large number of anti-drunk driving road patrols and sobriety checkpoints (also known as DWI roadblocks) that occur on a regular basis, both in the summer months and at various times during the year when a major holiday suggests a higher-than-normal frequency of drunken drivers on the roadways.

June 20, 2013

Hudson County Woman Arrested after Drunk Driving-related Crash in Hoboken, NJ

by Jonathan F. Marshall

During most any traffic stop that appears to the officer in charge to involve drinking and driving, the motorist will likely be asked to perform a one or more of the standardized field sobriety tests (FSTs) as prescribed by the National Highway Traffic Safety Administration (NHTSA). For those unfamiliar with these tests, they are comprised of a number of simple physical tasks — such as walking a straight line heel-to-toe or standing on one leg for 30 seconds — which police use to gauge a person’s level of impairment from drugs or alcohol.

Historically, law enforcement agencies have used these tests coupled with other observed symptoms of drunkenness — such as weaving in one’s lane — and the officer’s professional opinion to determine guilt and justify the arrest of a motorist for driving while intoxicated. Here in New Jersey, as well as the rest of the country, a patrolman must correctly administer the FSTs as approved by the NHTSA in a standardized manner in order to obtain a validated indicator of impairment and establish probable cause for a DWI-DUI arrest.

As common as the FSTs are in the daily duties of police officers all across the Garden State, they nonetheless represent one of the more controversial aspects of a drunk driving stop. In an effort to lend more credibility to these tests, the NHTSA developed a model training system for police officers and published numerous training manuals regarding the use and administration of FSTs. Even though the results of these test may be held up by the prosecution as proof of inebriation on the part of a driver, even experts in the field of DWI don’t agree on the effectiveness of FSTs.
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June 5, 2013

Jersey Police Blotter: Monmouth and Union County Police Issue DWI, CDS Possession and DUI Summonses

by Jonathan F. Marshall

Having defended hundreds of motorists over the years, my law firm’s legal team literally has decades of trial and courtroom experience under its collective belt. As such, we understand how typically law-abiding citizens can find themselves facing a drunk driving charge for the very first time. Most people charged with DWI probably did not start the day thinking that they were going to operate their vehicle while intoxicated. Even more likely never considered the possibility of being arrested on the spot for drunk driving or drug DUI.

Sadly, the time when all the would-a, should-a, could-a thoughts come streaming through one’s mind is about the same time as the officer in charge asks that you step out of the car to perform a field sobriety test. At that point, considering whether or not to drive after taking even one drink prior to heading home is a little overdue.

As New Jersey DWI defense lawyers, I and my colleagues devote ourselves to defending the rights of those individuals who have been accused of breaking the law. Our job is to represent individuals charged with operating a vehicle while under the influence of beer, wine, hard liquor and any other alcoholic beverage. The same goes for those drivers accused of being impaired by doctor-prescribed meds (drug DUI), certain illegal substances or even possessing a controlled dangerous substance (CDS), such as cocaine, meth or marijuana in an automobile.
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May 24, 2013

New Jersey DWI News: Multiple Drivers, Motorcyclist Arrested in Union County for Drunken Driving

by Jonathan F. Marshall

Garden State residents who travel our roadways regularly know that police presence is often quite high. With the highest population density of any state in the Union, it shouldn’t be too much of a surprise that with so many people living in close proximity, law enforcement agencies dedicated to protecting citizens would also have a rather large number of individuals on the force.

As a former municipal prosecutor, I know how hard local governments, as well as the state itself, work to maintain law and order in such a populated area. But as drunk driving lawyers, we at the law offices of Jonathan F. Marshall also understand that with such a high volume of traffic citations and arrests for impaired driving and other motor vehicle violations, there are mistakes made from time to time, with some motorists being unjustly accused of offenses for which they are not responsible.

Anyone who has received a summons for DWI, drug DUI, breathalyzer test refusal or other alcohol or drug-related traffic offense should take advantage of knowledge and experience of a qualified DWI defense attorney. If and when the moment comes, it is reassuring to know that one’s rights are being protected by an aggressive trial lawyer with the skills to fight the state’s charges.
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May 8, 2013

Fighting a New Jersey DWI Charge; Be Logical, Work with a Lawyer and Build Your Case

by Jonathan F. Marshall

It’s a fair bet that anyone who has received a drunken driving summons following an arrest for impaired driving did not begin that particular day thinking that she would be charged with a DWI offense. But, these kinds of traffic-related offenses occur every day, day and night, all across the Garden State. As New Jersey drunk driving defense lawyers, I and my legal staff see dozens of potential clients every month with similar stories.

Providing a defense for drunken driving charges is what we do. As a former municipal prosecutor, I understand the approach that most prosecuting attorneys use to attain convictions. From the perspective of an outsider — such as a driver accused of driving under the influence of alcohol or impaired motor vehicle operation due to prescription meds — it may seem that defending oneself is monumental task. We can only say that this is not necessarily so.

Of course, the police who arrest a driver and the prosecutors who try the case against a DWI or drug DUI defendant may appear to be monolithic authorities who couldn’t possibly be successfully defeated, but this ignores the strength of the law which gives a defendant the right to challenge her accusers and present evidence in her defense. One thing to remember in the case of a DWI-DUI charge is never to assume that the situation is hopeless.
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April 27, 2013

New Jersey Drunken Driving Police Blotter: Union and Bergen Officers Arrest Drivers for DWI, DUI

by Jonathan F. Marshall

It’s safe to say that for many motorists being pulled over due to one or another kind of moving violation will rarely lead to an actual arrest, yet there is a group of drivers who may not be as lucky when it comes their turn to be face to face with the law. Sometimes, the simplest of driving errors — such as making an improper turn, failing to signal when changing lanes or rolling through a stop sign — can actually result in an arrest.

While a number of scenarios could be attached to such an event, being a little tipsy or appearing somewhat intoxicated in front of the policeman in charge will most probably get a motorist in trouble with the law. Whether one is stopped by a state trooper, a city cop, or local municipal patrolman, the opportunity to receive a DWI summons, or worse, end up being arrested and held overnight in jail may be the result of just one drink too many followed by a drive home.

Whatever the initial cause of a drunk driving or drug DUI arrest, the end result — be it the monetary penalties or the potential loss of driving privileges — can come as a shock to most otherwise law-abiding citizens. It’s no secret that here in the Garden State an arrest for DWI-DUI can have a serious financial impact on many people, not to mention the possible social or professional embarrassment. It’s a fair bet that these days being convicted of drunken driving may ruin more than one’s reputation; marriages, careers and standing in the community can all be victims of a guilty verdict in a DWI case.
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April 21, 2013

Police Blotter: DWI, CDS and Underage Possession of Alcohol Arrests in Kenilworth, Montclair and Middletown

by Jonathan F. Marshall

With one of the most densely populated states in the Union, New Jersey sees more than its fair share of drunken driving, drug DUI and underage DWI arrests every week. Most of the people who are stopped by a state patrolman, municipal cop or county police officer are understandably nervous over the episode, especially if it is their first traffic stop or if they are accused of driving while intoxicated. One thing that anyone caught in this type of a scenario is not to give up hope and remember that it is not a foregone conclusion that a DWI charge will automatically result in a drunk driving conviction and related penalties.

When choosing any attorney to help you defend yourself against a charge of driving under the influence, it is important to keep in mind that dozens of people face similar charges every week in this state. At the law offices of Jonathan F. Marshall, our experienced trial lawyers know DWI law and understand how state or local prosecutors approach these types of traffic offenses.

If there is one thing very common to those individuals accused of drunken driving, it would be the doubt as to whether or not it is worth the time, effort and cost of fighting a DWI summons, drug DUI charge, breath test refusal accusation or other alcohol or drug-related traffic offense. To this we must say, that there are numerous good reasons to take your case to court.
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March 5, 2013

Drunken Driving Defense Update: Prosecutors Can Bring Many Pieces of Evidence Against a DWI Defendant

by Jonathan F. Marshall

As New Jersey residents and motorists, most of the general public knows how frequently police stops occur in this state. With a high population count and rather dense urban centers, the Garden State is home to all manner of individuals. And while the average person is more than likely a law-abiding citizen, it is interesting to note how many upstanding people find themselves on the receiving end of a traffic citation during the course of a week, month or year. As New Jersey DWI defense attorneys, my firm has helped dozens upon dozens of drivers who have been accused of operating a motor vehicle while under the influence.

Being arrested for drunken driving — or impaired operation of a motor vehicle due to prescription medication — can be a rattling experience for most people who have otherwise followed the law and maintained a clean record. Sadly, a lot of these accused drunk drivers may not have realized they were impaired, or certainly legally intoxicated by beer, wine or hard liquor. The law provides for rather harsh penalties, even for those whose DWI charge is a first-time offense.

Like any civil or criminal charge, the arresting officer should have some credible evidence for the prosecution to hold up in court as proof of the offense. As defense lawyers, our job is to discredit the source of the evidence or to call into question the accuracy of that evidence. In drunken driving cases there are a number of common pieces of evidence that may be used against an alleged drunk driver in a court of law. These can include the following:
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March 2, 2013

Out-of-State Driver Charged with DWI after Camden County Speeding Episode on Rte 42

by Jonathan F. Marshall

We’ve repeatedly warned readers about the folly of driving while intoxicated under any circumstances here in the Garden State. Frankly, with the state laws what they are and the zealous nature with which county and municipal prosecutors pursue drunk driving convictions, is there any reason whatsoever to make one’s life any more complicated by adding a DWI to the mix? We think not. Yet, every day, motorists from all over the state, as well as those simply visiting, are caught driving while impaired by alcohol, prescription medications or illegal drugs, such as marijuana and meth.

As New Jersey drunken driving defense lawyers, the attorneys here at the law offices of John F. Marshall are ready and willing to assist individuals who have been charged with traffic-related offenses such as DWI and drug DUI, as well as serious non-drunk driving-related crimes. Since most people do not expect to be charged with driving while intoxicated, the first step following a DWI arrest is to learn, quickly, about how to select a qualified defense attorney.

Most people have heard the old adage, “knowledge is power.” It’s true that one can educate him or herself about our state’s legal system and how cases work their way through the judicial process. You can also learn about the possible consequences from being convicted of the charges lodged against you. But this can also be a time consuming process. Certainly, along with informing yourself on the various legal points associate with your case, one should take some of that time to find a good DWI defense lawyer with trial experience.
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