First Offense DWI

August 12, 2009

New Jersey DWI News: Poll Shows Majority Approves of In-car Breathalyzer for Convicted Drunk Drivers

Having represented hundreds of NJ residents arrested for driving under the influence of alcohol or drugs, I know what drivers accused of DWI are up against. As an experienced New Jersey drunk driving defense lawyer and former municipal prosecutor, I also have the background to understand how to successfully defend many driving while intoxicated cases. What I can’t change is the public’s opinion of convicted drunk driving offenders.

That became quite evident the other day when I noticed the results of a survey recently conducted by the American Automobile Association’s Mid-Atlantic region. More than 60 percent of the respondents to the AAA Mid-Atlantic Web poll voted in favor of installing a mandatory breathalyzer ignition interlock on the vehicle of any convicted DWI offender.

This type of interlock device requires the driver to blow into a device not unlike the Alcotest breath testing machine used by the New Jersey State Police as well as other law enforcement agencies across the Garden State. If the device detects that the driver’s blood-alcohol content (BAC) is above 0.05 percent the vehicle cannot be started.

July 20, 2009

Warren County, NJ, Assistant Prosecutor Arrested for Drunk Driving

by Jonathan F. Marshall

As a former prosecuting attorney having handled DWI cases for a number of New Jersey municipalities in the past, I am well aware of the professional pressures associated with working in a prosecutor’s office. Furthermore, as a current New Jersey drunk driving defense lawyer, I can sympathize with many of my clients who have been accused of driving while intoxicated.

One thing I do not have much patience for, however, is a lack of discipline on the part of certain government officials and law enforcement personnel when it comes to their own personal conduct regarding drinking and driving. I’m speaking here of the danger of losing the public’s respect for those in law enforcement and in the judiciary due to the apparent hypocrisy exhibited by a small percentage of individuals in positions of authority.

Past news reports have covered members of the police and the judiciary accused and conivted of driving under the influence of alcohol. Recently, another individual, this time from the prosecutorial side of the justice system, has been arrested for DWI. A Warren County assistant prosecutor was charged with drunken driving, after he allegedly ran over a fire hose without being authorized to do so.

Kevin Brotzman, a 29-year-old newcomer to the prosecutor’s office, was picked up on June 14 by police after potentially interfering with city firefighters who were trying to extinguish a burning vehicle near his home. Based on news reports, the incident occurred in the early morning hours, when the man steered a 2004 Saturn around a tow truck and drove over an active fire hose. Officers gave Brotzman three field sobriety tests, all of which he failed, according to police.

It should be noted that although Brotzman is relatively new to the Warren County prosecutor’s office, he is by no means inexperienced — he has already handled some high-profile cases, including the conviction of Keri Ann Brekne, a former Lopatcong Township schoolteacher who molested one of her students. In this case, he should have known better than to take the wheel after consuming alcohol.

Court records show that the Brotzman’s preliminary blood alcohol content (BAC) was 0.09 percent. Although individuals with readings of 0.08 and above can be charged with drunken driving, as a seasoned DWI defense attorney, I know that there are many factors involved in being legally drunk. In many cases, a person in Brotzman’s situation could possibly be acquitted of those charges, which would certainly be awkward for an individual who more than likely prosecutes drunk driving defendants as part of his job.
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June 11, 2009

New Jersey Drunk Driving Legislation Calls for Mandatory Ignition Interlocks for DWI Offenders

by Jonathan F. Marshall

Future convictions for driving under the influence of alcohol could result in the offender’s vehicle being fitted with a type of breathalyzer-ignition interlock device if drunk driving legislation in Trenton continues to move foward. The specter of ignition interlocks for nearly all DWI offenses has been raised this time with the help of three New Jersey assemblymen, Gordon Johnson, Nelson Albano and Patrick Diegnan.

Under the proposed legislation (A-3073), any person convicted of a second, third or subsequent DWI offense would be required to have an ignition interlock device installed on all vehicles they either lease or own, or any vehicle that the person would operate for work, or other purposes, during their driver’s license suspension period.

Even first offenders would be affected. If a person convicted of a first-time DWI had a blood alcohol content (BAC) of 0.15 percent or higher, the law would require the offender to have the device installed on his or her vehicle. In addition, the current legislation calls for the device to remain installed for six to 12 months following restoration of the individual’s driver’s license. The courts would retain discretion as provided under current law to require installation of the device for all other first offenders.

May 7, 2009

Costs of Driving Drunk in New Jersey

by Jonathan F. Marshall

Drunk driving, driving under the influence, or DWI. In New Jersey, and anywhere else for that matter, these simple words represent a range of possible scenarios too numerous to list here. As a New Jersey DWI attorney, my office has represented hundreds of drunk driving cases — many of which involved terrible human and societal costs. Even in the best of situations, the personal price can prove truly devastating, with the stigma of a drunk driving conviction affecting the person’s standing in the community, possible loss of a job, or potential damage to relationships with family and friends.

Financially, a drunk driving conviction can be costly, too. Fines and penalties for second and subsequent DWIs are large, but even first-time offenders can feel the sting. Below are just a few of the potential monetary costs that can be expected for a variety of drunk driving offenses, according to the State of New Jersey (Keep in mind that jail time or community service may also be attached, but is not included here).

First DWI Offense
$250-$400 fine if blood-alcohol content (BAC) is 0.08 percent or higher but less than 0.10 percent ($300-$500 fine if BAC is 0.10 percent or higher); automobile insurance surcharge of $1,000 per year for three years

May 6, 2009

Drinking and Driving in New Jersey: Consequences of Underage DWI

by Jonathan F. Marshall

New Jersey law regarding underage drinking and driving is quite specific. Because you must 21 years or older to buy, possess or drink any alcoholic beverage, underage drinking is by definition illegal. And the consequences for underage drinking are severe under New Jersey law, especially as it pertains to operating a vehicle while intoxicated. But whether or not you are stopped for DWI, an underage drinking offense could affect your driving privileges now or in the future.

For example, if a person under 21 years old is arrested for purchasing or consuming an alcoholic drink in an establishment licensed to sell alcohol, he or she could be fined $500, as well as lose their driver’s license for up to six months. Parents take note, even if your child does not yet have a driver’s license, that potential suspension will start when the youngster is first eligible to receive his or her license. Furthermore, a young person who violates underage drinking laws may also be required by the court to attend an alcohol treatment or education program.

Anyone under 21 caught with even the slightest amount of alcohol in their system — that is, a blood-alcohol content of 0.01 or more — will be subject to the following penalties under New Jersey law:

April 24, 2009

Alcotest Digital Data – Fact or Fiction?

by Jonathan F. Marshall

The New Jersey DWI defense bar has been speculating for some time as to what impact digital data would have on cases. I have spoken to numerous attorneys who hold themselves out as DWI experts and have gotten mixed reports as to the anticipated benefit of digital data. I can tell you that I learned first hand this week just how powerful a vehicle this information can be to NJ DWI Defense Attorneys.

We were retained to represent a young man who allegedly provided alcotest readings well above the 0.10 limit for a second-tier DWI. He was a first offender and was looking at seven months to one year of suspension based on the readings. We fought hard to obtain the digital data. The data was provided to our expert and, sure enough, it demonstrated that the alcotest was operating improperly. Specifically, the device was failing to purge for the required two minutes thereby violating the dictates of Chun.

Based on our effort, we were able to get the state to agree to a first-tier DWI and three months suspension. This outcome saved our client at least four months of suspension. He was ecstatic.

April 23, 2009

Intoxicated Teen Arrested for Assault by Auto in Jersey City

by Jonathan F. Marshall

A 19-year-old Bayonne man, already up on charges for driving while intoxicated, , has now been slapped with two counts of aggravated assault as a result of an accident last Saturday that left two young girls in critical condition, one of them paralyzed perhaps for life. The teen was arraigned Tuesday on DWI and assault charges in Jersey City.

This type of drunk driving tragedy is charged with emotion and considerable sadness, not only for the victims and their families, but also for the relatives of the young suspect. Although it appears that this is the teen’s first DWI arrest, the addition of aggravated assault charges makes it all the more important for him to have a qualified legal professional on his side. The attorneys at The Law Offices of John F. Marshall have experience defending cases just like this one.

The events leading up to Tuesday’s court appearance transpired, according to police, in the early morning hours of April 18. Witnesses stated that a 1996 Honda Passport allegedly driven by Michael Garbacki drove straight into a group of people including two young women. The Honda not only injured the girls, but also crashed into two other cars in a parking area beside Port Jersey Boulevard just before 2 a.m.