First Offense DWI

February 26, 2011

Garden State Municipalities Turn to Social Network Sites to Discourage Drunken Driving

We’ve discussed this before, but anyone who wishes to maintain the respect of their family, peers and business associates should be very sensitive to the potential embarrassment that a drunken driving conviction can bring upon them. Reputations, friendships and marital relationships have been torn apart following a DWI arrest and subsequent conviction.

And it doesn’t really matter where in the Garden State you live, be it Morris, Middlesex, Ocean or Atlantic County, being pulled over and hit with a summons for driving under the influence is no laughing matter, especially to well established and respected members of the community. As New Jersey drunk driving defense attorneys, we have seen how a conviction for driving while intoxicated can impact multiple offenders as well as first-time DWI arrestees.

While most people would agree that a conviction for drug DUI, such as marijuana use, could certainly result in complications at work or school, even a DWI for consuming beer or wine can result in unforeseen consequences. To make things worse, municipalities around the country are looking at social networking sites, such as Facebook, to publish names and photos of drunk driving offenders.

January 26, 2011

New Jersey Driver Convicted of Drunken Driving Following Arrest at a Bergen DWI Checkpoint Loses Appeal

by Jonathan F. Marshall

Sobriety checkpoints, also known as drunk driving roadblocks, can be the source of many drunken driving arrests. For many drivers, being arrested for driving under the influence of alcohol or prescription medication, even illicit drugs or CDS (controlled dangerous substances), can begin a chain of events that can lead to a DWI or drug DUI conviction.

Penalties for driving while intoxicated in the Garden State can not only put a dent in one’s wallet, but can also lead to jail time depending on the circumstances or if the defendant already has previous DWI convictions under his or her belt. In some cases, an appeal can be mounted, which can either overturn a lower court’s decision or reduce the penalties associated with the original conviction.

Sometimes, however, an appeal can be turned down based on the facts of the case. One such example of a failed appeal is the case of New Jersey v. Robert Brembt. Decided last year, this particular case involved the conviction of Mr. Brembt by a Bergen County court. Court records show that Brembt’s appeal was based on his contention that the sobriety checkpoint at which he was arrested for DWI violated the standards set forth in the 1985 case of State v. Kirk.

Brembt was initially stopped at a DWI checkpoint on a stretch of Wyckoff Ave. in Waldwick Twp on May 24, 2008. The stop occurred just before 1am, at which time an officer approached Brembt’s vehicle and observed that the defendant’s eyes were “glassy and watery.” The patrolman also reportedly saw two open beer cans in the vehicle, as well as smelling alcohol on the man’s breath.

The officer asked Brembt to recite the alphabet, count backward, and perform other field sobriety tests. Based on defendant’s performance of these tests, police concluded that Brembt was impaired due to alcohol and arrested him at the scene. He was charged with DWI in a school zone, having an open alcohol container in his vehicle, and reckless driving.

Brembt and his attorney filed a motion to suppress arguing that the sobriety checkpoint did not meet the State v. Kirk requirements. However, the lower court conducted an evidentiary hearing and denied the motion. As a result, Brempt entered a conditional plea agreement, in which he reserved the right to appeal the denial of his motion to suppress. He then pled guilty to DWI, while the other charges were dismissed. The man was sentenced 48 hours in the Intoxicated Driver Resource Center (IDRC) and a month’s worth of community service. His driver’s license was and vehicle registration was suspended for two years, and fines and penalties were imposed.

While a sobriety checkpoint or DWI roadblock is considered a seizure within the meaning of the Fourth Amendment to the United States Constitution, as well as Article I, paragraph 7 of the New Jersey State Constitution, State v. Kirk does not require police to show probable cause when stopping any individual motorist, however it does require that the police show some rational basis for deploying that kind of enforcement technique.
Continue reading

January 23, 2011

New Jersey Drunk Driving News: DWI Study Reveals High Rate of Intoxicated Driving Among Younger Motorists

by Jonathan F. Marshall

According to a recent study released by the Substance Abuse and Mental Health Services Administration (SAMHSA), about one-fifth of young people admit to driving under the influence at one time or another. Based on data collected by the SAMHSA, the rate of intoxicated driving may seem alarmingly high, but it also indicated that there may be some progress in getting drunken drivers off public roads.

As a New Jersey DWI and drug DUI defense attorney, I can see how these finding findings from data gathered between 2006 and 2009 shows a still large percentage of younger drivers taking to the roads in an impaired or inebriated state. According to news articles, the average annual rate of DWI dropped nearly ten percent from 14.2 to 13.2 percent between 2002 and 2005. Similarly, drug DUI dropped to 4.3 percent from 4.8.

This recent survey of driving habits, which was collected from information available between 2006 and 2009, showed that 30+ million American motorists admitted to driving under the influence of either alcohol or drugs in the previous year. Not surprisingly, at least from the standpoint of cases that my firm has handled in Monmouth, Ocean and Passaic County here in New Jersey, greater than 10 million drivers said that they drove while under the influence of illegal drugs.

January 11, 2011

Arrested for Drunken Driving Over the Holidays? You Might Need a New Jersey DWI Defense Lawyer

by Jonathan F. Marshall

Now that 2011 has arrived, more than a few motorists probably awoke thinking about a drunk driving arrest or summons they may have had during the holidays. As a New Jersey DWI defense attorney, I understand how a carefree night out can end with drunk driving or prescription drug DUI. What many people do not realize is how often this scenario actually plays out, not only on the way home from a pub or bar, but even from a friendly cocktail party or year-end holiday celebration.

The question may drivers ask themselves after the fact is how can a lawyer really help me? Being pulled over and charged with driving while intoxicated (DWI) or driving under the influence (DUI) of legal or illegal drugs can sometimes seem like an open and closed case, even to the defendant. But every situation is different and a drunken driving defense attorney may be helpful. But only if you ask.

Although there is no plea bargaining in New Jersey when is comes to drunk driving and DUI offenses, the Garden State nonetheless has one of highest rates of successful DWI defense in the nation. In fact, as a former municipal prosecutor myself, I know that in New Jersey state prosecutors learn early on that it’s more difficult to prosecute a case if the accused motorist has retained a lawyer for his or her defense.

January 7, 2011

DWI Law Update: Not All Garden State DWI Arrests Lead to Convictions for Drunken Driving

by Jonathan F. Marshall

Whenever a driver is stopped by a local police officer or New Jersey state trooper for a traffic violation, even the most minor infraction, there exists the chance that the officer might end up arresting that individual for drunken driving, or issue a summons for DWI. While every situation is different — a motorist returning from a party at a friend’s house or coming home from an evening out with one’s spouse — it is possible that an officer may suspect that the driver is intoxicated by alcohol, or even prescription medication or illegal drugs.

As a New Jersey drunk driving defense lawyer, I understand how the procedure by which a patrolman stops a motor vehicle possible driven in an erratic fashion, observes the driver for telltale signs of intoxication, then evaluates that individual to determine if there is reason to believe that he or she is impaired due to alcohol consumption or use of a narcotic substance (sometimes referred to as drug DUI).

It makes little difference whether you live or work in Ocean, Passaic or Mercer County, the chances of being arrested for DWI or prescription drug DUI is ever present. But if you are pulled over and subsequently arrested or issued a summons for drunken driving, are you predestined to being convicted of driving while intoxicated? The answer is to that question depends on multiple factors.

As professional New Jersey DWI defense attorneys, I and my staff approach every case with many years of drunk driving litigation under our belts. As a former municipal prosecutor myself, I understand when it is proper to petition the court to dismiss the charges against a motorist, or at least reduce the state’s DWI charges to better match the individual circumstances surrounding the arrest.

Having tried drunk driving cases as a prosecutor, I’m familiar with the strategies used by the state’s representatives. Because of this, I always suggest to people who face drunk driving charges to carefully consider whether or not they wish to go into court without an experienced attorney at their side. A DWI lawyer can prove to be a great benefit, especially for those individuals facing stiff penalties for a first-time drunken driving or DUI arrest.
Continue reading

January 4, 2011

Bergen County DWI News: Driver Arrested for Drunk Driving after Car Goes into Passaic River

by Jonathan F. Marshall

You’ll find no argument from most people that driving while intoxicated can be hazardous to one’s health. The law enforcement community and New Jersey’s court system has little if any tolerance for individuals who are caught operating a motor vehicle under the influence of alcohol or drugs (drug DUI). In cases where an accident was the alleged result of drinking and driving you can bet that a judge will be highly critical of the defendant’s actions leading up to the crash.

While injuring another party in a DWI-related traffic accident is bound to raise eyebrows amongst state and local police, as well as the judiciary, putting oneself in jeopardy is likely just as serious. Although some might argue that a self-inflicted injury due to a single-vehicle accident could generate sympathy from the court, there is no guarantee of leniency in cases involving a drunken driving crash.

As a New Jersey DWI defense lawyer, I and my staff are ready to represent individuals accused of driving under the influence all across the Garden State; from Bergen to Union County and from Monmouth to Atlantic County. Whether a driver is stopped for drunk driving, prescription drug DUI, or marijuana possession in a vehicle, our staff has the experience to handle a wide range of cases.

January 2, 2011

NJ Legal Defense Update: Understanding Drunk Driving Arrests Occurring at Sobriety Roadblocks

by Jonathan F. Marshall

Understanding the circumstances that can lead to a drunken driving arrest can be useful for motorists who may find themselves in such a DWI-related traffic scenario. By knowing what happens in the case of a sobriety roadblock, also known as a drunk driving checkpoint, may help some individuals prepare for the subsequent steps leading to a potential DWI arrest.

As a New Jersey DWI defense lawyer serving residents of Monmouth, Union, Somerset and Hudson County, as well as other parts of the Garden State, I know that knowledge is power. Where the law is concerned, this is doubly so especially where a drunk driving arrest or summons is concerned. Regardless of the reason for a DWI arrest — be it excessive alcohol consumption, a bad reaction to prescription medication (drug DUI), or illegal drug or marijuana use — being pulled over by a New Jersey state trooper or municipal police officer can be the first step of a costly and potentially damaging drunken driving conviction.

The fairness of sobriety roadblocks has been argued for many years now. Numerous clients question the use of these checkpoints as a means of charging motorists with driving under the influence of alcohol or other intoxicating substances. The reaction of many people caught at a roadside sobriety checkpoint is not surprising given the seemingly random nature of this kind of law enforcement tool.

Because of this, and not unexpectedly, the state of New Jersey has rather technical procedures in place that safeguard against unreasonable detention and seizure stemming from these kinds of DWI roadblocks. From a legal standpoint, the constitutionality of police roadblocks was addressed in a U.S. Supreme Court case in 1979.

Known as Delaware v. Prouse, the Supreme Court held that it was unconstitutional to stop and detain a driver absent articulable suspicion that a driver is unlicensed, that the automobile he or she is operating is unregistered, or that the vehicle or one of its occupants is otherwise subject due to a violation of law (for example, if the car or truck is not compliant with certain traffic safety regulations or a passenger riding in the vehicle has an outstanding warrant).
Continue reading

December 26, 2010

Multiple Convictions for Drunk Driving Can Make a New Jersey Driver’s Life More Difficult

by Jonathan F. Marshall

As Bergen, Ocean and Monmouth County attorneys who represent motorists accused of driving under the influence (DUI) of alcohol or prescription drugs, we can heartily say that there are potentially harsh consequences for individuals convicted of multiple times for drunken driving or operating a motor vehicle while under the influence of prescription medicine or even illegal substances, such as marijuana and cocaine.

There is a strong argument for mounting a compelling defense for first-time DWI and DUI charges, if only because subsequent arrests and convictions present an even more costly and potentially life-altering consequences. Even so, second- and third-time offenders may still ask themselves the question, “Why do I need a drunk driving lawyer?”

When it comes to multiple convictions for driving while intoxicated, the impact on one’s lifestyle and relationships may be greatly affected. It’s no secret that second, third and subsequent DWI convictions can result in far more serious consequences than that of one’s first-time offense.

December 23, 2010

DWI Enforcement Update: Police in Ocean City, NJ, to Increase Drunk Driving Patrols during Holidays

by Jonathan F. Marshall

Like most cities and towns throughout the Garden State, Ocean City will be cracking down on drunken driving offenses during the year-end holiday season. As a New Jersey DWI and drug DUI defense lawyer, I and my colleagues provide assistance to motorists in Atlantic, Ocean, Monmouth and Middlesex Counties who have been accused of operating a motor vehicle while under the influence of alcohol or prescription medication.

It’s not uncommon for a police officer to pull a driver over for a sometimes minor traffic violation only to arrest the motorist on the ground of driving while intoxicated. Not only does the consumption of beer, wine or hard liquor before taking the wheel offer the opportunity for a drunken driving summons, taking a puff of marijuana can also get a driver in trouble with the law, especially when it’s linked to reckless driving or, worse, a traffic accident.

According to news reports, police departments in many communities will be on the alert for increased drinking and driving violations during the Christmas and New Year holidays. In Cape May County, the Ocean City Police Department (OCPD) will be cracking down on offenders in the coming week. Police are reportedly planning to set up sobriety checkpoints, DWI roadblocks and saturation drunk driving patrols across the area, all designed to keep the motoring public safe during the holidays.

December 21, 2010

New Jersey’s Sobriety Roadblocks Credited with Reducing Drunken Driving Arrests; DWI-related Accidents and Fatalities

by Jonathan F. Marshall

The frequency of drunk driving in the Garden State has reportedly been dropping for years, according to statistics maintained by state law enforcement agencies. As a New Jersey DWI defense lawyer, I can also state that there are numerous motorists picked up for driving under the influence every week in Bergen, Union, Monmouth, Ocean, Atlantic and all other counties through our state.

Still the number of drivers arrested for driving while intoxicated has apparently dwindled over the past several decades. According to a recent article, during the holiday season back in 1985 police-operated sobriety checkpoints (also known as DWI roadblocks) frequently had to be shut down due to the shear numbers of drivers who were arrested for driving drunk. In short, law enforcement authorities were overwhelmed by the amount of drunk drivers they were taking into custody at these roadblocks.

Twenty-five years later, Middlesex County roadblocks being operated from early November through mid-December reported a total of just nine drivers arrested for DWI; this out of a total 1,900 cars stopped at checkpoints in North Brunswick and Plainsboro, NJ.