First Offense DWI

January 22, 2012

Passaic County DWI Legal News: Three New Jersey Teens Injured in West Milford Drunken Driving Accident

While I and my legal staff are experienced in the defense of motorists accused of driving under the influence of alcohol, we fully understand the dangers of operating a motor vehicle while in an impaired state. Whether one lives in Morris, Ocean, Atlantic or Monmouth County, the law treats every potential offender with the same statutes, fines and penalties. As New Jersey DWI defense attorneys, my firm knows that when it comes to underage drinking and driving, the situation can be just as serious, and sometimes more so, than if the defendant was an adult.

Here in the Garden State, the law provides for a “zero-tolerance” policy where underage drinking and driving is concerned. As set forth in N.J.S.A. 39:4-50.14, it is against the law for an individual under the age of 21 years to have ANY alcohol in their system while driving a motor vehicle. On the upside, if one can call it that, the law stipulates more relaxed monetary penalties and suspension periods for a young person convicted of underage DWI; these penalties are certainly less severe for an underage offender than those that apply to a driver of legal drinking age convicted of driving while intoxicated.

When considering underage DWI convictions, penalties can include a driver’s license suspension period of as little as 30 days compared to that of an adult DWI conviction of 90 days, at a minimum. Please keep in mind that although the penalties are reduced, it is usually wise to consult a qualified drunken driving defense attorney prior to showing up in court with one’s child accused of underage DWI.
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January 3, 2012

NJ Drunken Driving News: Former Union City, New Jersey, Mayor Pleads Guilty to DWI

by Jonathan F. Marshall

According to news reports, the repair records for the Hoboken police department’s breathalyzer device came under scrutiny following revelations revealed during the drunken driving case against the former mayor of Union City. Based on news reports, former Union City mayor, Raul Garcia, had been arrested on charges of drunken driving following a car crash back in September when a breath-testing device showed a blood-alcohol content (BAC) of 0.16 percent.

Understanding that the defined legal limit for intoxicated driving is a BAC of 0.08 percent, having twice that concentration of alcohol in one’s bloodstream is hard to ignore. As New Jersey drunken driving defense lawyers, my firm has handled cases very similar to this one, certainly in terms of a motorist having a single-vehicle accident and then being accused by police of being under the influence of alcohol, prescription drugs (drug DUI), or an illegal substance, such as marijuana or cocaine.

The facts are very important in these kinds of cases; especially the test results from a breathalyzer device, such as the Alcotest machine. Just as important to one’s defense is the manner in which the police maintain that equipment. In certain circumstances, poor maintenance or faulty design can drastically affect the outcome of a DWI case, not the least of which is challenging the veracity of the data produced by these machines.
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December 26, 2011

Jersey Police Report Numerous DWI/DUI Accidents in Hudson County, NJ

by Jonathan F. Marshall

Regardless of location, be it Ocean, Bergen, Middlesex County or any of the dozens of cities and towns that make up the Garden State, drunken driving arrests occur randomly yet with extreme frequency. In fact, it’s rare to pick up a news paper or go online and not read of a police arrest arising from a motorist who allegedly was driving while intoxicated.

As New Jersey DWI defense attorneys, I and my colleagues routinely meet individuals accused of driving under the influence of alcohol, doctor-prescribed medications (drug DUI), and even illicit drugs and illegal substances, such as cocaine, marijuana and methamphetamine. In all these cases, the circumstances are going to be slightly different, although the outcome of any one drunk driving or impaired driving case can mean stiff fines and monetary penalties, loss or suspension of driver’s license, and occasionally jail time.

Just as in many counties across the state, Hudson County has its own problems with drivers who either choose to drive while intoxicated or may not have understood how drunk they may have been at the time of their arrest. The following news items illustrate the ways in which drivers can find themselves in trouble with the law.

Jersey City Police Arrest Man for DWI after High-speed Chase
A man from East Orange was arrested by police following a high-speed car chase in Jersey City. According to police reports, a Pontiac Grand Am was seen hitting another vehicle in the northbound lanes of Kennedy Blvd, then blowing though a red stop signal before turning east on Danforth Ave. Police gave chase, but the suspect apparently did not pull over; rather the driver reportedly ignored another red light and then drove away on Old Bergen Rd with its lights allegedly turned off.
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December 7, 2011

NJ Legal Update: Drunken Driving Arrests, DWI Convictions can Hurt an Individual’s Career Prospects

by Jonathan F. Marshall

Although a first-time DWI conviction may seem like a one-time event with little or no ramifications save some hefty court fees and other DWI-related penalties, the social and business implications of an arrest for driving while intoxicated, much a conviction can be significant. In fact, just like any legal issue, it’s best to consult with a qualified drunken driving defense attorney to better understand one’s options before heading to court.

Drunk driving, driving under the influence, drug DUI and other offenses are all serious charges that can effect an individual’s future job prospects and social standing; even their personal relationships and marital situation. As New Jersey DWI defense lawyers, the experienced legal team at my firm is well versed in the area of drunken driving defense. Our advice to anyone accused of DWI or drug DUI (prescription meds or illicit drugs like cocaine and marijuana): Do not take the event lightly and learn as much as you can about the process of a DWI case.

As mentioned previously in this forum, a conviction for driving while impaired by alcohol or drugs can have a long-term and severe effect on a person’s employment situation and their life in general. Needless to say, with the emphasis on curbing DWIs and DUIs across the country, as well as here in the Garden State, society, law enforcement agencies and the court system holds a very dim view of first-time DWI offenders, not to mention repeat offenders.

A recent news story brought this issue to the fore, as the head of the Federal Aviation Administration (FAA) was picked up by police following a traffic violation near the nation’s capital. According to news reports, FAA chief, Randy Babbitt, was observed by a police officer traveling on the opposite side of the road last Saturday around 10:30 at night.
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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.

November 23, 2011

Monmouth County DWI Update: Thanksgiving Holiday Sees Rise in Drunken Driving Arrests for New Jersey Motorists

by Jonathan F. Marshall

While the warm weather months are definitely behind us, New Jersey State Police and local law enforcement agencies note that parties and friendly get-togethers during the holidays also bring out the drinker in many drivers. As nearly anyone who drives in the Garden State understands, drunken driving enforcement never really lets up, especially during the peak holiday season.

As DWI defense lawyers serving residents of Bergen, Middlesex, Atlantic and other counties across the state, we are well versed in the tactics and strategies used by state and municipal police officers to secure the arrest of suspected drunk drivers. In fact, anyone who knowingly operates a motor vehicle while under the influence of alcohol or, for that matter, prescription medication, should realize that the odds of being arrested for DWI or drug DUI can be quite high.

If a police officer witnesses a traffic violation, he or she will usually make a routine traffic stop based on that initial offense, minor as it may seem to the average driver. Once stopped, a motorist will be closely observed for signs of impairment, usually due to consumption of beer, wine or hard liquor. If the patrolman has a reasonable suspicion that the driver of a car, truck or motorcycle is inebriated an arrest is more or less forthcoming.
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November 19, 2011

NJ Drunk Driving News: New Jersey Drivers Convicted of DWI Can Face Severe Driving Restrictions

by Jonathan F. Marshall

With the economy still faltering and many people in counties like Atlantic, Middlesex and Monmouth have been seeking cheaper means of transportation, from public transportation to more personal modes of getting around, those motorists arrested or already convicted of driving while intoxicated have an added hurdle. As New Jersey drunken driving defense lawyers, I and my legal staff understand the implications of a drunk driving arrest, not to mention a potential conviction for operating a motor vehicle under the influence of alcohol or prescription drugs (drug DUI).

With the approach of winter weather, it’s difficult to imagine riding a bicycle or motorcycle to school or work, but for some there is little alternative, save walking. Anyone caught driving while impaired by alcohol, doctor-prescribed medication or even illicit drugs, such as marijuana or cocaine, have the added complication of being barred from driving a motor vehicle for months or even years.

Weather conditions not withstanding, some may think that a bike would be the perfect alternative, and it sometimes is, though much slower than a car or bus. Because of this, some people have turned to a quicker although slightly more expense alternative to the typical bike.

November 15, 2011

NJ Drunken Driving News: Male Drivers More Likely to be Arrested for DWI than Females

by Jonathan F. Marshall

Apparently someone’s winning the so-called battle of the sexes these days, though not in the way some would prefer. Based on a recent study conducted by the Centers for Disease Control (CDC), male drivers are more likely to operate a motor vehicle while under the influence of alcohol than female drivers. As New Jersey drunk driving defense attorneys, we can add that that with a higher rate of men driving while intoxicated that this portion of the population likely has a higher incidence of DWI arrests.

While it is true that not everyone who gets behind the wheel of a car, truck, motorcycle or watercraft when legally intoxicated is arrested and charged with drunken driving, it is also true that of those who are caught with a 0.08-percent or greater blood-alcohol content (or BAC) are sometimes surprised that they received a summons for DWI.

Similarly, with police enforcement of anti-drunk driving laws, a percentage of these arrests involve individuals accused of being impaired by doctor-prescribed medication (drug DUI) or even illicit drugs, such as cocaine and marijuana. These DUI cases arise from many of the same circumstances as DWI police stops; of course, both types of arrests can also occur at any of the dozens of DWI roadblocks and drunken driving checkpoints held every year in the Garden State.

As for the CDC’s report, nationwide, men are as much as four times more likely to get behind the wheel of a car or truck after having more than one drink than their female counterparts. According to news reports, the Centers for Disease Control and Prevention shows that this trend applies as much to residents of New Jersey as well as other states; verified by our own state’s Division of Highway Traffic Safety, local statistics indicate that 80 percent of fatal DWI traffic accidents involve a male driver.
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November 12, 2011

NJ Legal Defense: Penalties Abound for Garden State Motorists Convicted of Driving While Intoxicated

by Jonathan F. Marshall

Being stopped by the police here in New Jersey for a traffic-related offense is not uncommon, nor out of the ordinary. With more than eight million residents and a population density of nearly 1,200 people per square mile, the odds of someone you know getting a traffic ticket in the next 12 months is actually quite high. What many people do not expect, when their “time” comes, is that they could also receive a summons for DWI as well.

The fact of the matter is, anyone who takes a drink prior to hitting the roads anywhere across the Garden State runs the risk of being arrested for drunken driving. Not that every driver who gets pulled over for a broken taillight or cracked windshield will be charged with driving while intoxicated, but the chance does exist. The odds of being accused of driving under the influence rises with the amount of beer, wine or hard liquor one may have consumed before getting behind the wheel.

As New Jersey DWI defense lawyers, I and my colleagues have extensive experience representing motorists who have been arrested for drunken driving, as well as drug DUI. Drug DUI, it should be explained, is similar to DWI, except it applies to an individual who is suspected of operating a motor vehicle while under the influence of prescription medication or illicit drugs. Marijuana, cocaine and crystal meth come under the latter heading.

Whether you live in Hudson, Essex, Passaic or Bergen County, if you are convicted of DWI or drug DUI, severe penalties can be attached to that conviction. Someone who has been issued a traffic ticket or a summons for DWI, DUI or breath test refusal, is well advised to contact a qualified legal professional to better understand his or her rights, as well as familiarize themselves with the potential fines and fees associated with a drunken driving conviction.
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