First Offense DWI

June 22, 2014

New Jersey DWI News: Mothers Against Drunk Driving (MADD) Jump Into Ignition Interlock Fray

Poised to testify in Trenton before the State Legislature’s Assembly Appropriations Committee, representatives from the anti-drunken driving group, Mothers Against Drunk Driving, or MADD, will state the case for pending legislation that could make ignition interlock devices (IIDs) mandatory for all convicted drivers regardless of prior convictions. The presentation by MADD is scheduled for tomorrow and is expected to echo those who have been pushing for changes to current state law to include the mandatory use of IIDs.

The proposed legislation, A 1368, which was introduced by Assemblywoman Linda Stender, would require ignition interlocks for every convicted drunk drivers, even first-offenders. While IIDs can be inconvenient and potentially embarrassing when installed on an individual’s vehicle, the legislation reportedly also includes changes to the license suspension requirements for those convicted of DWI.

As Garden State drunk driving defense attorneys, my colleagues and I know very well the serious burden that New Jersey’s current DWI-DUI statutes places on those individuals convicted of drunken drivers by requiring mandatory suspension of driving privileges for three months or more, depending on the number of prior convictions. Many argue that having a mandatory IID installation for every convicted offender is a small price to pay for NOT losing one’s driver’s license.
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June 17, 2014

Mandatory Ignition Interlock Devices: Are They Really that Burdensome for Convicted Drunken Drivers?

by Jonathan F. Marshall

Arguments for and against mandatory ignition interlock devices, or IIDs as they are sometimes called, have been going on for years. Whether these devices, or the threat of having them installed on one’s car or truck, can be beneficial to public safety; or even if they provide sufficient deterrent against repeat DWIs is certainly a subject that has fueled hot debate in the area of drunk driving law. As New Jersey DWI and drug DUI defense lawyers, we can understand both sides of the argument.

But even as the question of effectiveness lingers regarding the use of court-ordered ignition interlock devices, a future where the law requires every motorist convicted of DWI in the Garden State to have an IID installed has made for lively discussion. In fact, just like New Jersey, many states have already adopted IIDs as a way to combat recidivist DWIs. The approach to making them mandatory for first-time offenders has also taken hold.

For anyone still unaware of what the use of these devices is supposed to accomplish, the goal is to stop newly convicted drunk drivers from taking the road in an intoxicated state by making sure that a person who has consumed alcohol recently cannot start his or her car. To do this, and IID features a handheld breath-alcohol tester tied to an electronic control unit that either allows the vehicle to be started or prevents ignition based on a predetermined blood-alcohol concentration (BAC) threshold.
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May 5, 2014

Garden State DWI Defense: Even Underage Drivers Should Avoid a Drunk Driving Conviction

by Jonathan F. Marshall

Everyone who holds a New Jersey driver’s license should know that a driving while intoxicated (DWI) or driving under the influence (DUI) charge is nothing to take lightly. In fact, drunken driving and drug DUI charges can carry with them severe consequences if a motorist is found guilty in a court of law. As Garden State drunk driving defense attorneys, my legal team is experienced in representing drivers who have been accused of these and other serious motor vehicle-related offenses.

One area of DWI law pertains to those drivers who have not yet reached legal drinking age, but for whatever reason have been charged with drunken driving. A person under the age of 21 can be convicted of DWI with a blood-alcohol concentration (BAC) of just 0.01 percent or more. This may seem like a rather harsh lower limit (especially when compared to the “normal” 0.08 percent for drivers 21 years of age or over), however this is the law and anyone who is underage and driving should seriously consider the consequences of being caught with even this small amount of alcohol in their system.

The penalties for underage DWI are listed in the New Jersey legal statutes (under N.J.S.A. 39:4-50.14). The law states that any person under legal drinking age who operates a car, truck or motorcycle with a BAC of 0.01 percent, but below 0.08 percent shall forfeit his right to operate a motor vehicle in New Jersey. This also applies to individuals who have not yet attained their operator’s license, since the statute specifically states that someone found to have an illegal amount of alcohol in his or her bloodstream shall be prohibited from obtaining a driver’s license for between 30 days to three months.
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April 26, 2014

Drunken Driving Defense Update: Beware the Catch-all Careless Driving Offense

by Jonathan F. Marshall

For the average motorist, a conviction for even a first-offense DWI can represent a serious hit to one’s pocketbook. Here in the Garden State, drivers who have been charged with driving under the influence of alcohol can face fines upward of $500, depending on the defendant’s blood-alcohol concentration (BAC). Yet, these fines are hardly the worst penalties that an individual can experience if convicted for drunken driving; considering the substantial and long-term mandatory increases in one’s insurance premiums, the financial pain of a DWI or drug DUI guilty verdict can be extended for several years beyond any initial conviction.

Monetary penalties aside, there is always the possibility of jail time, which can be significant depending on the offense. While even a first-time drunk driving offender can face jail time — upward of 30 days — this undesirable penalty can often be avoided when choosing an experienced DWI defense lawyer to act as one’s legal representative. It is not uncommon, in such instances, for a convicted drunken driver to be ordered by the court to participate in a program at the Intoxicated Driver Resource Center (IDRC).

Convictions for second- and third-time offenses brings even more serious penalties, with fines upward of $1,000 and a required 30-day stint of community service. Following a conviction for a second offense, there is a mandatory period of incarceration ranging from two days to three months. It is important to note, however, that “incarceration” does not necessarily mean jail time here in the Garden State; a skilled DWI attorney can sometimes persuade the court to substitute a stay at the IDRC in place of a jail term. Note that when personal injury or some other unique circumstance is connected with a DWI charge, jail time can often be unavoidable following a possible conviction.
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April 4, 2014

Are There Any Advantages to Fighting a DWI Charge These Days? Yes, There Often Are

by Jonathan F. Marshall

While few people who take the initiative and walk into our law offices ever ask the question, there are many more who may choose not to contact us based on some different answer to that same query. So, really, why should anyone bother trying to fight a drunk driving charge? Don’t the police have the upper hand? Isn’t it difficult to contest the validity of the prosecution’s evidence? And how can the average person know where to start if he or she even entertains the idea of challenging a drunken driving charge?

As experienced New Jersey trial lawyers, we’ve seen enough DWI and drug DUI cases to know that unless an accused motorists does make that concerted effort to fight for his or her day in court, they will never know what could have been if they hadn’t accepted a guilty plea and the penalty consequences that ultimately follow. By not choosing to fight a DWI, drug DUI, or breath test refusal charge, a person essentially places all the power in the hands of the police and the prosecutor’s office.

At this point we will add that the consequences don’t simply mean the fines and court fees, but they also entail insurance premium increases for years to come and the inevitable license suspension and all of the hassle and aggravation that can create. And let’s not forget the ordering of an ignition interlock device to be installed on the accused’s vehicle once his or her license is restores; that alone can prove to be embarrassing and inconvenient.
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January 10, 2014

Monmouth County DWI Defense: Exploring Various Aspects of a Typical Drunken Driving Arrest

by Jonathan F. Marshall

Being stopped by a New Jersey State Police officer or local cop for a traffic offense can be unnerving enough for most people without the added concern of being arrested for DWI. As Garden State drunken driving defense lawyers, my firm is all too aware of the emotions that can come to the surface when faced with a summons for driving under the influence. Often frightening, and certainly unsettling, the experience of being taken into custody is only overshadowed by the potential financial impact that a DWI or drug DUI conviction can have on an individual or his family.

The state of New Jersey has long since banned plea bargaining as a common avenue to having a drunk driving charge dismissed or downgraded. Because of this, many people might wonder why they should even consider retaining a DWI attorney at all. First and foremost, an experienced legal expert can look for flaws in the state’s case, which can range from the way the police officer conducted the traffic stop prior to the DWI arrest, to the procedures followed or skipped after the driver submitted to a breathalyzer device in order to determine his or her blood-alcohol concentration (BAC).

When asking why one should hire a lawyer for a DWI or drug DUI defense, it may be more important to ask what the secret to success is when it comes to avoiding a conviction. At the very least, someone accused of driving drunk should contact a qualified professional to determine if fighting a drunk driving summons would be fruitful or if a downgrade is possible. In our experience, identifying any potential issues that may undermine the state’s ability to prove the DWI-DUI offense is a key objective when discussing a defendant’s options going forward.
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December 25, 2013

High School Penalizes Teen Who Showed Up at Underage Drinking Party to be Designated Driver

by Jonathan F. Marshall

One often hears how bad things are in New Jersey for those individuals who find themselves in receipt of a summons for drunken driving, breath test refusal or any of a number of impaired driving charges. The fact is that the clock will likely never be turned back to the old days of a nod and a wink; when drunken motorists received a fine and maybe spent the night in jail, but mostly to sober up in order to head to work in the following morning. That was then, but this is now.

Safety advocates and anti-drunk driving groups continue to keep the pressure on federal, state and local governments and police agencies to rein in bad drivers and arrest those who operate their vehicles while under the influence of alcohol or prescription drugs. The Garden State is one of the states with rather stiff penalties for those convicted of driving while intoxicated, but that’s not to say there aren’t others with similarly strict laws and attitudes.

And legal statutes aside, society itself is less and less tolerant of those who drink and drive. But there are instances that cause one to take a step back and consider the issues at play. There was an incident that took place over in the Boston area not long ago, which illustrates that one situation where a high school’s policy regarding underage drinking affected one apparently conscientious teenager in a very negative way.
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October 17, 2013

NJ DWI Update: Immigrants Legal and Illegal can Face Backlash following DWI-related Traffic Accidents

by Jonathan F. Marshall

With all of the focus on illegal immigration over the past decade or so, it is should not be a surprise that part of this debate regarding undocumented aliens leads to discussions of deportation for various crimes committed by individuals who have entered the country under questionable circumstances. While there are various points of view regarding the benefit to this country as a nation built by immigrants, the argument that those who flout our laws blatantly and with criminal intent is a strong one.

As New Jersey DWI defense lawyers, my colleagues and I are dedicated to helping those individuals who have been accused of operating a motor vehicle while under the influence of alcohol, prescription drugs and other controlled dangerous substances (CDSs). My staff has a great deal of experience in trial law, which includes both civil and criminal litigation.

Being charged with a drunken driving offense is serious, not to mention embarrassing and potentially detrimental to one’s personal, professional and public life. There is really no good reason why anyone should walk into a courtroom unprepared to fight for one’s legal rights following a DWI or drug DUI arrest. While there is never any guarantee of a not guilty verdict or dismissal of charges, having a qualified drunk driving attorney by one’s side is a smart choice.
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September 24, 2013

Drunk Driving Defense: Addressing Concerns of the New Jersey’s First-time DWI Offenders

by Jonathan F. Marshall

As many drivers know there is nothing so discerning to a motorist as seeing those flashing patrol car lights in one’s rearview mirror. But that sinking feeling of being pulled over by a New Jersey state trooper or local patrolman can be compounded simply because a driver may think he had one too many drinks or if he is on prescription medication from a physician. The important thing to remember is it is never a mistake to consult with a qualified legal professional who understands drunk driving law.

While many people may wonder why a person would need to hire a DWI-DUI attorney, the benefits can outweigh the potential fines, license suspension, and even jail time consequences associated with a drunk driving conviction. Whether a person has been picked up for operating under the influence, driving while impaired by doctor-prescribed medications, or breath test refusal following a DWI arrest, the experienced trial lawyers at the law offices of John F. Marshall can help explain your rights under the law.

When trying to decide whether it is advisable to hire a drunk driving attorney to handle your case, it is best to look at the downside to not having a qualified legal professional at one’s side. Fines and monetary penalties aside, the potential of a license suspension if one loses his or her DWI or drug DUI case is a real and potentially life-disrupting after-effect of a conviction. For individuals who rely heavily on their ability to drive to and from work, school or other important daily activities should truly consider what the loss of driving privileges can mean.
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September 20, 2013

Ignition Interlocks: The Current Reality for Many Convicted New Jersey Drunken Driving Offenders

by Jonathan F. Marshall

It’s safe to say that most people who have more than a few decades under their belts may have seen and experienced quite a bit in their life so far. That said, it wouldn’t be a stretch to suggest that being arrested by a police officer for anything would be a relatively scary proposition for almost anyone, not the least an average law-abiding citizen. The last thing that anybody wants is to be branded as is a scofflaw, or worse, a criminal.

But being arrested for a DWI or drug DUI is exactly what thousands of Garden State residents experience every year in this state. Having been stopped for a traffic violation can rattle most any motorist, but to find oneself being placed in the back of a patrol car and taken to police headquarters for a breathalyzer test and possible drunken driving charges, well that can be a downright frightening experience.

Not only can a DWI-DUI arrest be unnerving, but having been charged and then facing the serious consequences of a drunk driving conviction the potentially expensive penalties that go along with a guilty verdict can weigh on a person. As New Jersey DWI defense lawyers, my colleagues and I truly understand what the average person is facing when that squad car door slams shut and the ride to police headquarters begins. Maybe you won’t be charged with driving while intoxicated, but many people are and those odds aren’t comforting.
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