Field Sobriety Tests

January 22, 2013

Sussex County Drunk Driving News: Out-of-State Driver Arrested in Sparta Twp for DWI Accident

Following any arrest associated with driving under the influence, it is never a bad idea to contact a qualified legal professional to understand your particular case and to better know your rights under the law. Particularly if one is charged with DWI, drug DUI, impaired driving of any kind, breath test refusal, and any other related moving violations, it would be wise to retain an experienced drunken driving defense lawyer.

We mention this because there is a percentage of the driving population that never calls an attorney after receiving a summons for driving while intoxicated. Why? It’s hard to say, since every person’s situation is different. But what one must ask themselves in such instances is, “Would I be better off without legal representation when facing serious charges of DWI or DUI?”

Frankly, if a motorist who is slapped with a DWI charge chooses not to retain counsel, there is a rather high likelihood that he or she might find themselves on the receiving end of a guilty verdict from a local or county court. Few people realize that it is not uncommon for a driver accused of DWI to still be convicted of drunken driving even though his blood-alcohol content (BAC) was recorded at below the legal limit (0.08 percent). The ace-in-the-hole for the state can often be what lawyers refer to as observed intoxication.
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January 9, 2013

Jersey Drunk Driving Update: State Patrol Officer Fired After Allegedly Faking Dozens of DWI Cases

by Jonathan F. Marshall

No one is perfect, though we all hope that certain professionals are as close to representing a particular ideal as is humanly possible. That said, we would never suggest that the actions of any one individual would necessarily represent the thoughts, actions or mindset of an entire group of people or a particular organization. However, it is instructive from time to time to understand that certain behaviors do exist, even in those within organizations dedicated to maintaining the public good or the personal safety of American citizens.

As New Jersey DWI-DUI defense lawyers, my firm constantly works in the interests of its clients, many of whom have been accused of committing any number of traffic-related violations, not the least of which is driving while intoxicated. The mere suggestion that a law enforcement officer may have been predisposed to arresting a motorist for driving under the influence even before stopping that driver and interviewing him face-to-face would make most police officials cry foul. But, as human beings are not always perfect, one can only reason that in the history of traffic-related arrests, a certain percentage of cases, however small, may have been motivated more by a hunch than by any specific fact.

We bring this up if only because of a recent news item that may get some people thinking about the supposed motivations of some individuals in law enforcement. Again, we are not suggesting that any one officer in any particular police department is following the same course as the subject of this latest news story, but only that the possibility exists. As experienced trial lawyers and drunk driving defense attorneys, our only suggestion to those accused of DWI or drug DUI, make a point to consult with a qualified legal professional experienced in New Jersey drunk driving law BEFORE you walk into a courtroom to plead your DWI case.
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November 2, 2012

Garden State Drunk Driving Arrest Update: With the Thanksgiving Holiday Coming, Anti-DWI Enforcement is Imminent

by Jonathan F. Marshall

It’s fair to say that during portions of the calendar year there are more than an average number of DWI, drug DUI and other alcohol-related driver arrests that occur, especially when the holidays are concerned. Just as the various annual “Over the Limit, Under Arrest” anti-drunken driving campaigns net state and municipal enforcement agencies with a good number of drunk driving summonses, it doesn’t take long for motorists to be caught operating under the influence as the winter holidays approach.

Labor Day and Memorial Day certainly bring out a large number of drunk driving patrols across the Garden State, including the ubiquitous DWI roadblocks (or drunken driving checkpoints) that pop up every weekend to catch unsuspecting drivers who may have had a glass of wine or bottle of beer with friends. Federal funding of these efforts is one major way in which these large-scale drunk driving efforts manage to keep local patrolmen and state police troopers on the lookout for potential drunk drivers.

So, with Thanksgiving a few weeks away, and the Christmas and New Year’s holidays not long after that, it’s important to remind everyone to be especially careful when celebrating this coming holiday season. Whether one live or works in Sussex, Passaic, Monmouth or Ocean County, you have no doubt noticed an increased police presence during holiday weekends. New Jersey expressways, tollways and surface streets can be the scene of many a routine traffic stop-turned-DWI arrest.
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September 30, 2012

Understanding What Leads to a Typical Drunk Driving Arrest Might Help Some Motorists Avoid Trouble

by Jonathan F. Marshall

Nobody needs the sugar-coated version of DWI defense. When it comes to being arrested for driving drunk, many motorists are either taken by surprise or become resentful of the whole process and how demeaning it can be to a grown adult. But remember, driving while intoxicated is a serious offense, and here in New Jersey there are stiff penalties and even jail time waiting for those who are convicted. Naturally, it depends on the facts of the case and whether or not this was a first offense, but by the time the hearing begins, the damage to one’s reputation may already be done.

Ruined relationships, marital problems, and damaged careers are just a few of the non-legal effects that a drunken driving arrest, much less a full-blown DWI conviction can have on a person, especially an individual who formerly may have been a highly respected member of his or her community or profession. If avoiding the expensive monetary penalties and fees associated with a drunken driving conviction isn’t enough to dissuade people from having a beer or glass of wine before getting behind the wheel, certainly the social and professional embarrassment can be a strong motivator.

Remember that here in the Garden State many motorists are caught unaware that they were legally drunk at the time of a traffic stop. According to some experts, it doesn’t take much alcohol to cause physical and mental impairment that could affect a driver’s ability to safely operate a motor vehicle. As such, it doesn’t take much alcohol consumption, at least for some people, to reach or exceed the legal limit (specifically 0.08 percent blood-alcohol concentration) and become prime candidates for a DWI arrest.
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September 2, 2012

New Jersey Woman’s Body Jewelry Interferes with Morris County Drunken Driving Case

by Jonathan F. Marshall

It’s not every day that one can say that a piece of clothing or jewelry helped them get out of a tight legal spot, but that was the gist of a case against a New Jersey woman, who is now able to say her tongue stud helped her out in a Morris County courtroom earlier this year. As New Jersey drunk driving defense attorneys, I and my colleagues are dedicated to helping those Garden State motorists who have been accused of DWI, drug DUI, breath test refusal and other drunken driving-related offenses.

In the aforementioned case, the motorist’s DWI lawyer was able to use the law to his client’s advantage and reduce the potential penalties she was facing if convicted of the initial charge of driving while intoxicated. Although this may not be cause for drivers to get their own body modifications, it certainly points up the importance of having a qualified DWI defense lawyer at one’s side; surely it is an example of why it’s always a good idea to consult with a legal professional prior to walking into a courtroom to defend oneself against a DWI or drug DUI charge.

According to news articles, 29-year-old Kara Nelson was stopped by police along a stretch of Rte 46 for an apparent routine traffic offense earlier this year. Police reports indicated that Nelson was pulled over around 2am on January 14. During the traffic stop the patrolman in charge, Officer P. Ottavinia, must have noticed signs of intoxication and requested Nelson to perform a number of standardized field sobriety tests, which apparently indicated that the driver was impaired to some degree.
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July 26, 2012

Union and Bergen County Police Blotters: DWI, DUI Arrests and Drunk Driving-related Accidents

by Jonathan F. Marshall

Here in the Garden State, we have the most densely populated areas in the entire country. As such, it can be expected that the frequency of criminal and civil offenses will be that much more concentrated. Whether one believes that drunken driving continues to be a problem in counties such as Ocean, Sussex, Bergen and Hudson, local and state law enforcement authorities are on a more or less constant alert to motorists who are possibly operating a motor vehicle while under the influence.

Impaired driving can encompass a range of activities, from driving while intoxicated by alcohol (such as beer, wine or hard liquor), operating a car or truck while impaired by a doctor-prescribed medication or pain killer, such as valium or oxycontin, or even an illicit drug like cocaine or marijuana. While alcohol and prescription medications are not illegal per se, their effect on a driver’s ability to control his or her vehicle can result in a chargeable offense. But, unlike these former two, illegal drugs (also known as controlled dangerous substances [CDS]) bring with them not only the potential for a traffic-related offense, but also the possibility of criminal charges as well.

The following news items are just a brief example of the types of arrest that take place every day in this state. As New Jersey DWI defense lawyers, my firm is committed to representing those individuals who believe themselves to have been falsely accused of drunk driving or drug DUI.
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June 27, 2012

Linden, NJ, Driver Arrested for DWI in Hunterdon County after Colliding with Other Vehicles

by Jonathan F. Marshall

As New Jersey DWI lawyers, I and my colleagues are well aware of the circumstances that can surround a DWI-related traffic stop. While most people are, so to speak, content with taking their medicine and receiving a summons for drunken driving, others may not feel they deserve it. Those individuals will likely seek out the services of a qualified drunken driving attorney to better understand their options and perhaps to fight the charges in front of a judge.

On the other hand, there are other drivers who fear the potential repercussions so much that they decide to either avoid being stopped or flee the scene, if an accident has occurred while they were behind the wheel. The point we wish to make here is that it is never advisable to run from the law. It is the rare individual who escapes the long arm of the law for long, and when caught the consequences can be many times worse than if that driver had simply accepted the situation and hired a lawyer to assist in his or her defense.

Sometimes a driver’s actions can seem completely indefensible, but that is a conclusion best left for a qualified lawyer to decide in the comfort of a conference room with his or her client. Still, some individuals will make things hard for themselves, and for that we can only advise taking a step back and viewing the situation with a pragmatic eye. Take, for instance, the news story of driver who allegedly caused multiple instances of property damage to other vehicles while reportedly operating his car under the influence of alcohol.
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June 2, 2012

Reviewing the Reasons and Procedures for DWI-related Field Sobriety Testing

by Jonathan F. Marshall

Understanding the processes and steps that take place during a drunk driving traffic stop can sometimes serve to prepare certain people who may find themselves in similar situations in the future. When it comes to a DWI arrest, not to mention a possible future conviction, understanding the order of things can help in putting the entire drunken driving arrest, prosecution and conviction process in perspective.

Of course, no one ever wants to be stopped and arrested by a municipal police officer or state trooper for driving under the influence of alcohol, but the possibility does indeed exist. And, as no reasonable person would welcome the scenario where he or she is slapped with extensive monetary penalties following a drunk driving conviction, one would have to believe that avoiding such an incident would be all the more preferable to being convicted of DWI and having that mark on one’s record for years to come.

Still, there always exists the chance for a drunk driving arrest, especially if one has had a drink or two before getting behind the wheel of a motor vehicle. This possibility is real and exists for any driver who may have even a little bit of alcohol prior to being stopped for some other traffic offense, such as running a red light or making an illegal turn. DWI arrests can precipitate from some of the most innocuous traffic offenses.
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May 25, 2012

Is 0.08 Percent BAC THE “Magic Number”? Some New Jersey Motorists Have Been Arrested for Less

by Jonathan F. Marshall

We’ve echoed this bit of information numerous times in this venue, but we’ll say it again; it makes little difference whether a driver is arrested or charged with driving under the influence of alcohol in Bergen, Passaic, Hudson or Ocean County, consequences of a DWI or drug DUI conviction are the same anywhere in New Jersey. In fact, here in the Garden State, an arrest (much less a conviction) for drunk driving can have a seriously negative impact on come individual’s personal and professional relationships.

Having said this, it is certainly important to remind everyone that being arrested and charged with DWI or drug DUI is different from being convicted of same. As New Jersey drunken driving defense lawyers, I and my staff of experienced DWI attorneys make it our job to represent those people who have been accused of driving while intoxicated or impaired by prescription medication and even illicit drugs like cocaine and marijuana.

DWI Monetary penalties aside, few people if any welcome a DWI or drug DUI conviction on their record. Given the choice, most people will fight a drunken driving charge; however, there are those who feel it is hardly a difficult task to defend themselves in court. But it is important to add that those who do choose to go it alone take a chance without proper representation.
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April 28, 2012

A Look at Field Sobriety Tests Used by New Jersey Patrolmen During DWI-related Traffic Stops

by Jonathan F. Marshall

It’s something that we get asked numerous times every year: What is it like to be stopped for drunk driving and how can I be prepared for such an event? As New Jersey DWI defense lawyers the first thing were are apt to say would be don’t let yourself get into that type of situation to start with. Considering the potential monetary penalties for DWI, not to mention the associated social stigma of an arrest, much less a conviction, this is probably the most reasonable advice anyone could give.

But as for what happens during a DWI stop, it’s first important to remember that the police cannot pull a motorist over simply on the “hunch” that the driver is intoxicated or has had too much to drink. New Jersey law requires that a patrolman observe some kind of other traffic offense or violation (improper turn, speeding, or even a broken headlamp).

Many officers will describe the so-called tell-tail signs that indicate that a driver is drunk behind the wheel. These may include tailgating another vehicle or swerving in and out of a lane of travel. Others may say that driving too slowly, having the headlamps turned off in the darkness or driving constantly with their high beams on are good indicators of a drunken driver.
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