Field Sobriety Tests

September 19, 2011

Bergen County DWI Defense News: Elmwood Park, NJ, Police Catch 18 Drunk Drivers

Whether you live or work here in Monmouth, NJ, or in Hudson, Bergen or Atlantic County, as a New Jersey motorist you have no doubt seen or been directed into one of the frequent police checkpoints used to catch drivers who may be operating their car or truck under the influence of alcohol (beer, wine, or hard liquor), prescription medication or even illicit drugs or other controlled dangerous substances (CDS) such as marijuana or cocaine.

Each of these sobriety roadblocks, also known as DWI checkpoints, is designed to bring drivers in close contact with local, municipal and state police officers so that they can determine if a driver has been drinking alcohol or ingesting some type of substance that may cause impaired driving. Upon being identified as possibly impaired by some substance, the patrolman in charge will most likely as the driver to step out of his or her vehicle in order to perform one or more standardized field sobriety tests.

Although the number and order of the standard field sobriety tests given during a DWI traffic stop tend to vary depending on the police officer and the particular situation in which the driver may find himself, the following is list of the tests that are usually used to some extent or antoher:

— Horizontal Gaze Nystagmus
— Head-tilt
— Touching a finger to one’s nose
— Balancing one leg
— Walking heal-to-toe
— Reciting the ABCs
— Counting
The most common of these tests is the Horizontal Gaze Nystagmus, during which the officer attempts checks to see how smoothly an individual’s eyes are tracking a finger or pen in front of his or her face. A knowledgeable attorney knows to do a thorough analysis of the testing done by the arresting officer in order to determine whether or not the field sobriety tests were administered properly.
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September 9, 2011

Legal Defense Brief: Defining Impairment for Drunken Driving Cases in New Jersey

by Jonathan F. Marshall

Here in the Garden State, a motorist can be pulled over for any number of traffic violations including excessive speed, failure to maintain one’s lane, improper use of turn signal and even defective vehicle equipment, such as a broken taillight or burned-out headlamp. It’s not that these are unusual violations, but each of them, and many others, may open the door to other potentially more serious impaired driving charges.

Whether at happens in Bergen, Essex, Ocean or Passaic County, once a patrolman has stopped a driver for one or more of the aforementioned violations, if that officer has reason to suspect that the driver of that vehicle may be drunk or otherwise intoxicated due to the consumption of beer, wine or hard liquor, there is a good chance that the patrolman will ask the motorist to step out of the vehicle and perform one or more of the standardized field sobriety tests. If the officer is satisfied that a suspect is likely drunk, impaired or otherwise driving under the influence, police headquarters may be the next stop for a breathalyzer test.

Here in New Jersey, determining is motorist was operating a motor vehicle while impaired by alcohol, involves measuring the driver’s blood-alcohol content (BAC). As New Jersey drunk driving defense attorneys, I and my staff of experienced DWI defense lawyers have handled numerous kinds of drunken driving cases over the years. Ay least for the state, establishing that a defendant’s BAC is above the legal limit (of 0.08 percent) is a key piece of evidence for the prosecution’s case against many drivers accused of DWI.

Of course, the law states that if a person who operates a car, truck, SUV or other motor vehicle is determined to have a BAC of 0.08 percent or more, that person can be found guilty of drunk driving — also known as driving under the influence of alcohol, or more commonly, driving while intoxicated (DWI).

The abbreviation, “BAC” refers to the amount of alcohol in the bloodstream of a drunken driving suspect. It is important to understand that, while New Jersey law makes reference to 0.08 percent BAC as the legal limit, a motorist can still be convicted of intoxicated driving even if his BAC measurement is actually below the 0.08 percent limit.
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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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August 5, 2011

Mercer County, NJ, Drunk Driving News: DWI and Drug Possession Arrests in East Windsor Twp.

by Jonathan F. Marshall

As drunken driving defense attorneys, I and my experienced staff of DWI lawyers understand the monetary and legal implications of a drunken driving or prescription drug DUI arrest faced by many motorists. Getting a ticket for driving under the influence is nothing to take lightly, even as a first-time DWI offender. Although it may not appear to be a serious issue, many people do not realize the potentially life-altering events that a drunk driving conviction can set in motion.

Of course, even a summons for driving while intoxicated or breath test refusal can impact a person’s personal life, job situation or standing in his or her local community. Add a conviction on top of an arrest, and this can translate into a significant event for almost anyone accused of operating a motor vehicle while impaired by alcohol, prescription drugs or other controlled dangerous substance, such as marijuana.

As a New Jersey drunken driving and drug DUI attorney, my firm defends individuals from all around the Garden State including Monmouth, Atlantic, Burlington and Hudson counties. And while the facts behind every DWI or drug DUI case are unique, the circumstances of the arrest can be similar. As well, the consequences and possible DWI penalties for a drunk driving conviction in New Jersey are usually very comparable based on the seriousness of the charges.

Below are a number of news items from around Mercer County, based on police blotter information from local news sources. These few items represent just a fraction of the arrests that take place every week in and around the state. Of these, police officers make dozens of arrests for variety of drunk driving and prescription medication DUI violations. The penalties for drivers found guilty of DWI or drug-impaired operation of a motor vehicle can be quite costly.
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July 7, 2011

Bergen County News: Saddle Brook Police Department begin Enhanced Summer Drunken Driving Enforcement

by Jonathan F. Marshall

For anyone who hasn’t already noticed an increased police presence on New Jersey roadways this summer, it’s that time again for stepped up drunken driving enforcement throughout the Garden State. What this means is that towns like Saddle Brook, NJ, will have their police officers working diligently to pickup motorists suspected of driving under the influence of alcohol, doctor-prescribed medications and even illicit drugs like marijuana and cocaine.

As drunken driving defense lawyers representing Garden State residents against charges of impaired driving, breath test refusal and possession of controlled dangerous substances in their vehicle, I and my colleagues understand the many and varied ways that a driver can be stopped and arrested for DWI and drug DUI. With the warm weather upon us and college students home for summer break, it’s a foregone conclusion that drunken driving arrests will be on the increase throughout New Jersey counties, such as Mercer, Hudson, Essex and Ocean.

According to news articles, police departments in many towns and municipalities will be steeping up their anti-drunken driving patrols. Actually, these latest push is tied to the so-called “101 Days of Summer” DWI campaign in which increased police patrols (sometimes known as saturation patrols) will be used in an attempt to counteract the swelling of New Jersey’s summertime population.

Police departments across the state will be carrying out similar efforts to the one detailed in a news article about the Saddle Brook Police Department’s latest endeavor to catch and prosecute drunk drivers. As a former municipal prosecutor myself, I understand the strategies used by law enforcement and prosecuting attorneys to effect arrests as well as DWI convictions.
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June 30, 2011

Toms River Legal Defense News: Ocean County to Increase Drunken Driving Checkpoints to Curb Summer Accidents

by Jonathan F. Marshall

Now that summer is in full swing here in the Garden State, there are numerous occasions to celebrate; family gatherings, company outings, and after-work events in restaurants and bars throughout the state. Although the state police and local law enforcement agencies have been doing their part to curb the amount of drinking and driving on New Jersey roadways for years now, every week dozens of drivers are charged with DWI or impairment due to prescription medication (drug DUI).

As drunken driving defense lawyers representing people in Bergen, Monmouth, Passaic and Atlantic County, as well as the rest of the state, we understand fully the negative impact that a drunk driving conviction can have on a person’s career and personal life. It isn’t just the monetary hit that a driver takes following a sentence for first-time DWI or drug DUI. A driver’s insurance rates will automatically go up significantly and remain there for several years.

One of the places that drivers get arrested for drinking and driving is the all-too-common sobriety checkpoint. Also known as a DWI or drunken driving roadblock, these temporary checkpoints are erected by police in areas that typically have a high incidence of DWI or DUI arrested. This fact is the justification for state and local police to set up a roadblock in order to assess drivers’ sobriety one at a time.

According to news reports, New Jersey, along with other states across the country, will be participating in a continuation of what has become a summertime staple — the DWI checkpoint program. This ongoing program includes the operation thought our state of multiple checkpoint locations in various counties, such asOcean County. Sobriety roadblocks reportedly work by supplementing local police enforcement of drunken driving laws.
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May 31, 2011

Sales of DWI Sobriety Checkpoint Apps for Smart Phones on the Rise

by Jonathan F. Marshall

As the saying goes, knowledge is power; and apparently owners of smart phones are feeling more powerful every day. In the news of late are stories about the sales of software applications that allow users of iPhones, BlackBerries and Droids, among others, to keep track of drunken driving checkpoints, also known as sobriety roadblocks. Numerous government officials and police departments have been pressing Apple and Google to stop offering the apps, but this may be in itself be accelerating sales of the DWI alert software packages.

As New Jersey drunken driving defense lawyers, I and my team of experienced DWI attorneys are quick to advise people not to drink and drive. However, we understand that many motorists who are stopped by state and municipal police patrols don’t necessarily realize that they may be legally drunk, something which could end up costing them a great deal.

When a driver is pulled over at a drunk driving checkpoint, if a police officer detects signs of alcohol use he may request the driver to perform a variety of field sobriety tests. Once satisfied that the motorist is likely impaired by alcohol, the officer may also ask the driver to submit to abreathalyzer test. If his or her blood-alcohol content (BAC) measurement is 0.08 or above, the individual could be arrested and charged with driving while intoxicated. This is the beginning of a costly process that may lead to loss of the person’s job, alienation from family and friends, and possibly jail time under certain circumstances.

One way in which motorists are trying to avoid running into a sobriety roadblock is through the use of those DWI and DUI apps. According to news reports, these downloadable applications actually enable smart phone owners to pinpoint the locations of drunk driving checkpoints set from time to time up by police departments all across the Garden State.
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April 21, 2011

Morris County Police Arrest New Jersey Drivers for Drunken Driving and Marijuana Possession

by Jonathan F. Marshall

As the weather becomes increasingly more pleasant here in the Garden State, the promise of warm spring days and summer evenings will bring about the inevitable house parties and family get-togethers. Part and parcel with these occasions is the always plentiful selection of beer, wine and hard liquor. While most people temper their drinking with the understanding that a drunken driving arrest and possible conviction is not desirable, it may not always be obvious that a driver has had more than his or her legal amount of alcohol before heading home from a party.

In such cases, being pulled over by a police officer for a seemingly minor traffic offense could wind up in a full-blown DWI arrest. While I am always quick to warn family and friends to drink responsibly — and of course use a designated driver whenever the need arises — as a New Jersey drunk driving defense lawyer, I also understand the ways in which a motorist could end up being issued a summons for driving under the influence of alcohol, or even prescription drugs (drug DWI).

In my line of work, I can also say that a conviction for driving under the influence of alcohol can significantly impact an individual’s career, his personal life or even his standing in the community. The police in counties like Bergen, Ocean, Mercer and Union are constantly on the watch for potentially impaired drivers, and every week we read stories from local communities of police arresting intoxicated drivers.

The following are a few examples of typical news items that describe individuals stopped for traffic infractions and then arrested for DWI, prescription drug DUI, and possession of controlled dangerous substances (CDS), such as cocaine and other illicit drugs.

Morris County
A 21-year-old Dover resident was stopped by the police for drunk driving in the early morning hours along a stretch of Rte 24. The patrolman in charge arrested the man for drunken driving and was in the process of transporting the individual to police headquarters when he noticed a folder piece of white paper apparently on the subject’s person. After investigating the item, the officer determined that it contained an amount of marijuana. In addition to the DWI arrest, the man was also charged with possession of marijuana. He was released after processing and assigned a mandatory court date.
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April 18, 2011

DWI News: Bus Driver Arrested on New Jersey Turnpike; Fails Sobriety Test, Charged with Drunken Driving

by Jonathan F. Marshall

Speeding, weaving in and out of traffic, or running a stop sign are all ways that can get a driver killed, much less noticed by the police. While this kind of behavior can be interpreted in several different ways, law enforcement agencies tend to associate it with intoxication. In some cases they are right to do so. This is why a state trooper or local municipal patrolman will watch a potential drunken driving suspect for slurred speech, poor eye-hand coordination and other tell-tale signs of inebriation.

Here in Monmouth County, as in other areas across the Garden State, drunk driving is frowned upon by police and the courts. As New Jersey DWI defense attorneys, I and my colleagues are contacted frequently by people accused of driving under the influence of alcohol, prescription medication, and even controlled and dangerous substances (CDS) like cocaine and marijuana.

One thing all of us assume is that owners and operators of public and private transportation make certain that there drivers adhere to corporate rules and state and federal laws. Any commercial driver who is convicted of driving while intoxicated is likely to lose his or her job as a result, which would be a serious and life-changing event for someone in that field.