Field Sobriety Tests

April 25, 2012

Garden State Police Blotter: Multiple DWI Arrests, Drug Possession Charges and Alcohol-related Driving Offenses

As we usually see here in the Garden State, not all is sweetness and light on our city streets and highways. While many motorists go about their lives in relative anonymity, the occasional traffic stop is enough to bring one’s name into the local spotlight, if only in the police blotter section of the newspapers. For many, the seemingly inconsequential second or third drink during lunch or dinner can sometimes result in a police arrest and DWI-DUI charges being pressed against an otherwise law-abiding citizen.

As New Jersey DWI defense attorneysI and my legal staff know what can happen when a driver makes a minor mistake in clear view of a state of local police officer. If that individual has recently consumed even a small amount of alcohol, the potential of a DWI arrest is waiting just one wrong turn away in some cases.

Although it is not legal for a patrolman to stop a car simply on the suspicion that its driver is impaired by alcohol (such as beer, wine or hard liquor), doctor-prescribed medication (like pain killers and other opiates), or an illicit substance (such as marijuana, meth or cocaine), what must first occur is a vehicle infraction or driving-related offense.
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April 21, 2012

DWI Defense Update: Breath-test Refusal can be a Double-edged Sword in Drunken Driving Cases

by Jonathan F. Marshall

You see it quite often in the news: “Driver charged with DWI and breath-test refusal.” But what is “breath-test refusal” and what does being charged with refusal really mean? On the face of it, it seems that some motorists arrested for driving under the influence simply decide not to let the police measure the percent of alcohol concentration in their bloodstream. Simple, right? Well, not that simple.

It certainly appears that refusing a breath test robs the police of what can be some relatively strong evidence. And one could say that this is a strategy many people adopt on the spot when arrested for driving while intoxicated. The trouble is, when the time comes to fight the inevitable DWI charges, the defendant now has at least two charges against him or her: the original drunk driving charge AND the breath-test (or blood-test) refusal charge.

As New Jersey DWI defense lawyers, I and my colleagues are asked by acquaintances and clients alike, “Is there any consequence to refusing a breathalyzer or blood test?” The answer is not what everyone may be hoping for, especially since there are no “Get Out of Jail Free” cards in the real world.
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March 28, 2012

Monmouth County DWI News: New Jersey Nets’ Pre-game Host, Bob Lorenz, Charged with DWI

by Jonathan F. Marshall

While it’s not unusual for entertainment personalities to find themselves arrested for DWI, drunk and disorderly,driving under the influence (DUI) of prescription drugs or illicit substances such as marijuana, it is nonetheless a serious offense that gets most people’s attention. One thing that a DWI arrest can do is get the attention of an individual’s employer, with negative ramifications.

Here in the Monmouth County, my staff of experienced New Jersey drunken driving defense attorneys understands the potentially embarrassing and career-altering effects of a drunken driving arrest. Jobs have been lost over less these days; and a DWI or DUI conviction is sure to put some pressure on an employer to reconsider one’s standing with an organization. The term “liability” comes to mind, especially in the case of some more famous, yet potentially expendable personalities.

While there is nothing good about a drunken driving conviction, there are significant monetary penalties associated with one. Higher insurance rates, even for first-time offenders can place a financial burden on some motorists, while jail time is another issue that few people are happy to talk about.
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March 16, 2012

DUI Enforcement Update: NJ Sobriety Checkpoints Going Up Tonight, Anticipating St. Patrick’s Day Celebrants

by Jonathan F. Marshall

As drunken driving defense attorneys representing New Jersey residents and other drivers accused of DWI or drug-related impaired driving (drug DUI), I and my legal team have more than 100 years of collective experience in defending individuals charged with operating a motor vehicle under the influence of alcohol or a controlled dangerous substance (CDS).

As motorists ourselves, we are pleased to know that state police and local municipal law enforcement personnel are working hard to keep our roadways safe from all manner of traffic hazards and other dangers. And while we commend the law enforcement community for making our streets and highways safer, we can’t help but wonder whether the money spent and the efforts made are not sometimes directed toward innocent motorists are become the focus of drunk driving patrols and sobriety checkpoints for no other reason than a possibly minor traffic infraction.

As a former municipal prosecuting attorney, and now as a drunk driving defense lawyer, I know that from time to time there do occur unjustified drunken driving arrests. From my extensive experience, I do know that a percentage of DWI charges do not, in fact, hold up in court. For this reason, I am committed to representing individuals accused of DWI, drug DWI and breath-test refusal in Middlesex, Hudson, Ocean and Atlantic Counties.
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March 9, 2012

DWI Roadblock Update: Drunken Driving Sobriety Checkpoint Scheduled for Middletown, NJ, Tonight

by Jonathan F. Marshall

Here in New Jersey, most drivers are probably familiar with the increased presence of police on patrol during certain times of the year, such as New Year’s Eve, St. Patrick’s Day, 4th of July, Memorial Day and Labor Day. During these times, it’s not unusual to have a spike in drunken driving arrests, although one can speculate on whether the increase in DWI arrests are due to a much high incidence of drunken driving, or that the added patrols catch a requisite increased number of impaired drivers.

In any case, the saturation patrols that happen from time to time during the year — over holiday weekends and other peak drinking and driving periods — are well known throughout the Garden State, especially by those who have been stopped on the road following attendance at a family reunion, office party or friendly get-togethers where beer, wine and hard liquor are typically served.

As New Jersey DWI and drug DUI defense lawyers, I and my colleagues know how easy it can be for a driver to be pulled over for a seemingly minor traffic offense, yet find him or herself under arrest a short time later for driving while intoxicated. (A smaller percentage of individuals can sometimes find themselves on the receiving end of a drug DUI or marijuana possession summons as well, but that’s a different topic altogether.)
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March 1, 2012

Toms River Legal Defense Update: High Breathalyzer Reading Not Always Precursor to NJ Drunk Driving Conviction

by Jonathan F. Marshall

For argument’s sake, let’s posit that a Garden State motorist, who gets stopped for a routine traffic offense, ends up being charged with drunken driving in Ocean County. After stopping the driver for some simple infraction, such as failure to signal or improper turn, the officer might begin to suspect that the driver has possibly had something to drink and is possibly impaired by beer or wine, maybe even prescription drugs (also known as drug DUI).

In any case, the patrolman may request the motorist to perform one or more of the standardized field sobriety tests established by the National Highway Safety Administration (NHTSA). If the suspect fails one or more of these tests, there’s a pretty good chance that his or her next stop is the local police headquarters for a breathalyzer test.

As New Jersey drunken driving defense attorneys, I and my staff know that being convicted for even a first-time DWI offense can impact a person’s life, financially, personally and sometimes even professionally. Jobs have been lost, relationships ruined and reputations have been sullied as a result of an arrest for driving while intoxicated, much less for an actual conviction — if for only these reasons, is it a good idea to consult with a qualified drunk driving defense lawyer before stepping foot into a courtroom.
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January 8, 2012

Mercer County Legal Defense News: NJ Appeals Court Rules Probable Cause Not Required for Sobriety Testing

by Jonathan F. Marshall

As many people already understand, when it comes to being arrested for drunken driving in the Garden State, an officer typically will have stopped the accused on the basis of a moving violation or some other traffic or motor vehicle offense. As New Jersey DWI defense attorneys, we get questions all of the time from potential clients regarding what is or isn’t a legitimate drunken driving stop. Technically, there really aren’t (or shouldn’t be) traffic stops based solely on an officer’s suspicion that a driver is intoxicated behind the wheel.

Instead, New Jersey law requires that a police officer must have a valid reason for pulling a motorist over to the side of the road and initiating a traffic stop. But here things might seem to get a little murky. While an officer is not allowed to stop someone just on suspicion of impaired driving — a hunch, one might call it — that same officer can stop the very same driver for not maintaining his or her lane, making an illegal turn or perhaps observing that the motorist’s vehicle has a burnt-out tail lamp.

Once stopped for a legitimate traffic offense, the door is opened to other potential charges after the officer has a chance to observe the driver, passengers and vehicle interior up close. After that, it’s now the patrolman’s task to decide of the driver made those errors because of inattention, negligent action or impaired mental and physical capabilities, among other possible causes.
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December 4, 2011

Bergen County Police Blotter: Ridgewood, Ramsey and Park Ridge DWI Arrests, Drug DUI Charges

by Jonathan F. Marshall

With the holidays fast upon us there is a more than better chance that someone you know may be stopped by state police or local law enforcement for some type of traffic violation. Of those Garden State motorists stopped by police for offenses such as speeding, improper lane change, or an number of so-called minor traffic infractions, there is always a chance that the driver may be accused of operating a motor vehicle while under the influence of alcohol.

Being impaired by beer, wine, hard liquor or prescription medication (drug DUI) is cause for a patrolman to arrest a driver for driving while intoxicated. A DWI or DUI arrest can also lead to extensive fines and other penalties, even for a first-time offender. It’s not unusual an individual convicted for multiple offenses to also face jail time, depending on the circumstances. As New Jersey drunken driving defense lawyers, I and my staff of legal professionals have the skills and experience in representing drivers accused of DWI and drug DUI (including cases where illicit drugs — also known as controlled dangerous substances, or CDS — such as marijuana and cocaine are involved).

Anyone who is arrested for driving under the influence faces similar charges and, likewise, similar penalties, the individual circumstances will vary accordingly. The following is a short list of recent arrests by police officers in Bergen County, though DWI and drug DUI arrest happen every day in other counties across the state, such as Monmouth, Union, Passaic and Essex. Here are some examples:

Ridgewood, NJ
Late on a Monday evening, a local patrolman stopped a vehicle driving along a stretch of N. Maple Ave. The officer apparently stopped the motorist because of visible front-end damage and a report of a hit-and-run accident in the Ho-Ho-Kus area. As a result of the traffic stop, the policeman determined that the driver was in fact involved in said traffic accident. On further investigation, the police officer also determined that the 30-year-old out-of-state driver behind the wheel was impaired due to alcohol consumption. The man was taken into custody and charged with drunk driving, marijuana (CDS) possession and drug paraphernalia possession, open alcoholic beverage container in a motor vehicle. In addition to DWI, the driver was also charged with careless and unsafe driving. He was released pending a court appearance.
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November 25, 2011

New Jersey Drunk Driving Defense News: Enhanced DWI and DUI Traffic Enforcement for Thanksgiving Weekend

by Jonathan F. Marshall

According to police agencies across the state, the Thanksgiving holiday has become one of the more common times of the year for New Jersey drivers to be arrested for drunken driving. Not only do local police departments expect increases in arrests for driving under the influence of alcohol, but also for charges of operating a motor vehicle while impaired by prescription medications (drug DUI) and illegal drugs, such as cocaine and marijuana.

The New Jersey State Police have already identified the Thanks giving holiday and subsequent weekend as a prime DWI-DUI enforcement period in areas such as Passaic, Ocean and Sussex County. This should come as little surprise to those who make a living driving or who commute on a regular basis in the evenings and early mornings here in the Garden State.

As New Jersey DWI defense attorneys, I and my staff of experienced drunk driving lawyers understand how easily an individual can be caught up in a DWI arrest. While those who experience a drunk driving or DUI arrest may find the process somewhat unnerving, the real shock can be the actual conviction. Even for a first-time offender the potential penalties and fines, as well as possible jail time after being convicted should be enough to consider proper representation.

September 28, 2011

New Jersey Legal Defense Update: Proving a Driver was Legally Intoxicated can be Challenging

by Jonathan F. Marshall

As a former municipal prosecutor, I know that it is sometimes difficult for the prosecution to prove that a motorist was legally drunk at the time of a DWI, drug DWI or DUI arrest. Much of the state’s case against a driver accused of driving under the influence relies on supporting evidence collected at the time of the drunken driving stop. During this process, the suspect may be asked to exit the vehicle, execute several of the standardized field sobriety tests and eventually might be taken into custody to have his or her blood-alcohol content (BAC) level tested at police headquarters.

In instances where a driver has been arrested for DWI, the prosecutor’s office will want to have what is referred to as “proof of intoxication.” As New Jersey drunk driving defense attorneys, I my staff of experienced DWI lawyers remind those motorists charged with driving under the influence of alcohol that they should never assume that the prosecutor’s case is a strong one.

There are a number of important considerations to take into account following a traffic stop that has resulted in charges of drunken driving being levied against oneself. This goes for alcohol-related DWI and even impaired driving charges as a result of prescription medication use or possibly because of a controlled dangerous substance (CDS) such as cocaine or marijuana.
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