First Offense DWI

November 6, 2011

Bergen County Drunken Driving Defense Update: Legal Process of a New Jersey DWI Case

Being arrested for driving under the influence of alcohol, prescription medication (drug DUI) or an illicit drug/controlled dangerous substance (CDS), such as marijuana, cocaine or heroine, is just the beginning of a journey that will take a defendant from drunken or impaired driving charges all the way through to a possible conviction and sentencing (including fines and other penalties).

As New Jersey drunk driving defense lawyers, I and my staff of experienced DWI attorneys understand very well the laws that pertain to driving while intoxicated her in the Garden State. Whether one is stopped in Monmouth, Atlantic, Passaic or Middlesex County, the process and procedures for a DWI or DUI case are more or less the same. Following the arrest and pressing of charges, it should be obvious that most individuals will want to talk to a qualified legal expert in this area of the law.

While the local procedures and customs vary from municipality to municipality, the overall process covered here is generally what any driver accused of DWI, DUI, breath test refusal or other drunken driving-related charges can expect to go through. Naturally, if you are currently charged with drunken driving and have a court appearance set for the future, it is advisable to consult with an experienced attorney to better understand your rights up front.

Following an arrest for driving under the influence of beer, wine or hard liquor, a New Jersey motorist can expect to be arraigned. An arraignment proceeding is typically the defendant’s first court appearance before the court to hear the charges against him or her. If the defendant has secured counsel before the arraignment date, usually the appearance can be waived pending a pre-trail conference. If the defendant is going it alone, then an appearance before a judge — for his or her arraignment — is mandatory.
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November 2, 2011

Monmouth County Drunk Driving News: Teens’ Car Strikes Police Car at DWI Checkpoint, Officer Injured

by Jonathan F. Marshall

There are always a few things that you don’t want to happen when it comes to driving drunk here in the Garden State. First, underage drinking (and even underage possession of alcohol) should be avoided since it can affect a youngster’s future without him or her even knowing it. Second, if one is bound and determined to operate a motor vehicle while under the influence of alcohol or prescription medication (drug DUI), don’t hit a police patrol car or injure an officer while you’re at it.

As New Jersey DWI defense lawyers, I and my staff of experienced drunken driving attorneys understand that kids experiment with all manner of things and activities. Some are harmless, some simply embarrassing; but drinking and driving as a minor can put a real dent in one’s future. Of course, teenagers are not always receptive to this message, so it really goes out to all the parents.

This warning applies to families all across the state. Whether you live in Atlantic, Sussex, Ocean or Passaic County, DWI and drug DUI can be costly, not only financially but in terms of being potentially damaging to one’s social standing and career prospects as well. For teens, an arrest for DWI or drug DUI can affect individuals in their adult years as well, which makes it advisable to contact a qualified drunk driving defense attorney to better understand the charges against your underage son or daughter.

Earlier this month, two teenagers ended up in trouble at one of the many roadside DWI checkpoints that appear from time to time across the state. This one, in Monmouth County, was about to go into operation by the Holmdel police. According to news reports, police were setting up the roadblock when the incident occurred just before midnight.
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October 27, 2011

Drunk Driving Stats Show Decrease Nationwide, But New Jersey Arrests Holding Steady

by Jonathan F. Marshall

One would think that with all the extra anti-drunken driving enforcement across this state that surely New Jersey would be experiencing a decrease in DWIs just like the rest of the nation. Apparently, that’s hardly the case. Whether due to what some might call “over-enforcement” or because the Garden State has such a large population that it tends to set its own standards, one thing is for certain: this is not the place to get behind the wheel in anything near an impaired condition.

From Passaic to Ocean and Bergen to Cape May County, local and state police are constantly on the alert for any motorist that may be inebriated. Intoxication due to beer, wine or hard liquor; or impairment from prescription medication or even illicit drugs like cocaine and marijuana, this state’s law enforcement community is reportedly racking up its share of DWI and drug DUI arrests on a weekly basis.

As New Jersey drunk drivin defense attorneys, we know how easy it can be to be stopped on the road while legally intoxicated. Even those people who believe whole-heartedly that they are not drunk have been arrested and taken before a magistrate to face stiff penalties for DWI, DUI, breath test refusal and other drunk driving-related charges.

A recent news article seems to indicate that, here in New Jersey, the number of arrests for driving under the influence is not declining in concert with the nationwide drop in drunk drivers. What does it mean? Well, it would appear that New Jersey drivers in places such as Ocean County’s Barnegat Twp. need to consider that local police are still out in force, arresting drunken drivers and handing out summonses at about the same rate as in prior years.
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October 21, 2011

NJ Drunken Driving News: Ocean County Motorist Charged with DWI in Fatal Garden State Pkwy Crash

by Jonathan F. Marshall

Fighting a drunken driving charge is serious business and should never be taken lightly. Guilty or innocent, anyone who has been charged with DWI or drug DUI (usually because of alleged impairment due to prescription medication) needs to understand that the financial and social implications of a drunk driving conviction can have long-term effects on an individual and his or her family.

Too many times, a defendant has stepped into a New Jersey courtroom without the aid of an experienced legal professional only to lose his case and be hit with heavy DWI-related fines and penalties. As New Jersey DWI and DUI defense lawyers, I and my staff know the ins and outs of the state’s legal system, and drunken driving law in particular. As a former municipal prosecutor myself, I have first-hand experience from the other side of the aisle regarding the methods and tactics of the state’s legal representatives.

As a cautionary note coming from one who knows the potential pitfalls of a poorly executed DWI defense, the last thing a defendant wants to have, in addition to an actual DWI arrest, is charges related to a fatal car crash allegedly occurring as a result of being impaired while operating a motor vehicle. Serious consequences can result from a conviction for negligent driving, vehicular assault, or manslaughter by motor vehicle.

According to news reports, an Ocean County, NJ, resident was recently indicted on the charge of vehicular homicide, as well as numerous other charges following a fatal car crash on the Garden State Parkway in Monmouth County last April. Based on police reports, 20-year-old Eric Pereira was allegedly intoxicated while using a cellphone and exceeding the posted speed limit when his vehicle rear-ended a van, which fatally injured a 43-year-old Middletown man.

Based on a joint investigation carried out by the NJ State Police and the Monmouth Co. Prosecutor’s Office, the April 2 crash occurred around 11am as Pereira was headed south in the local lanes of the Parkway at what police describe as a “high rate of speed.” According to reports, Pereira’s vehicle hit the victim’s van from behind, causing that vehicle to hit a nearby guardrail, flip over and slide into the Parkway’s express lanes.
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October 3, 2011

Camden County DWI News: New Jersey State Trooper Indicted in Drunken Driving Injury Accident

by Jonathan F. Marshall

Having worked as a municipal prosecutor handling hundreds of cases involving the prosecution of Garden State motorists for drunk driving offenses, I know how hard our state and local police officers work to protect the rest of us on public roads and byways. This is by no means an easy job, and I and my staff of experienced New Jersey DWI defense lawyers understand the pressures and dangers that these public servants face on a daily basis.

Of course, that said, there is little excuse for ignorance of the law, especially by the very individuals who are entrusted with the job of upholding those same laws. When a patrolman, judge or other officer of the court flouts the law, it hurts us all. Naturally, as drunk driving defense attorneys, I and my colleagues know that many people are accused of crimes and offenses that they did not commit. It’s our job to represent these individuals in order to help them achieve justice.

Driving drunk is a serious offense, and being convicted of intoxicated driving, drug DUI, or other drunken driving charges can result is heavy penalties, not to mention increased automobile insurance premiums. The social stigma of a conviction for driving under the influence of alcohol, prescription medication or illegal drugs, such as marijuana or cocaine, can be life-changing. Just the news of being arrested for DWI can result in severed personal and business relationships.

In short, a DWI is nothing to take lightly and deserves the attention of a qualified DWI-DUI defense attorney. An example of the serious consequences of allegedly driving drunk can be found in the news every week. Whether the incident takes place in Bergen, Ocean, Monmouth or Passaic County, the results can be devastating to one’s career and private life.
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September 30, 2011

Monmouth County Drunken Driving Update: Rude Wake-up Call for New Jersey Motorists Arrested for DWI

by Jonathan F. Marshall

It’s safe to say that the majority of drivers in the Garden State have never been arrested for drunken driving; that said, it’s also a fair bet that many of these individuals do take a drink from time to time. What may come as some surprise to a lot of people is that one needn’t be a heavy drinker to be charged with drinking and driving. What only needs to happen is for that motorist who just left a party, maybe with a beers or two under his belt to be unlucky enough to catch the interest of a local patrolman after forgetting to signal a lane change, or other minor traffic law.

Here in Bergen County, one can also run afoul of the law by having a drink or two at a local pub and then happen upon a random DWI roadblock (also referred to as a sobriety checkpoint). In such cases, depending on the driver’s level of inebriation a police officer may ask that the suspect step out of the vehicle and perform a few relatively simple field sobriety tests. If circumstances are right, it’s possible that the motorist might end up being arrested and charged with DWI.

A breath test, using a breathalyzer machine or Alcotest device, may return a blood-alcohol content (BAC) level that meets or exceeds the legal limit for drunken driving, namely 0.08 percent. As New Jersey DWI defense lawyers, I and my staff meet dozens of people every month who have been charged with driving under the influence of alcohol or prescription medication (otherwise known as drug DUI). Some of these people likely believe that they were not impaired at the time of their arrest.

For first-time drunk driving offenders, or should we say, first-timers accused of driving while intoxicated, we understand how shocking, unnerving and embarrassing such an arrest can be. To put it mildly, it can be a rude wakeup call for many people.
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September 22, 2011

Police in Bergen County, NJ, Charge Teenager in DWI-related Passaic Car Accident that Injured Six

by Jonathan F. Marshall

As New Jersey DWI attorneys, I and my staff of experienced drunken driving defense lawyers are well aware of the heavy penalties levied against drivers convicted of operating a motor vehicle while under the influence of alcohol on public roads. My firm also know that state law enforcement agencies and the judicial system have little tolerance for underage drinking, DWI, and other alcohol-related offenses committed by teens and other minors.

It makes little difference if the offense occurs in Ocean, Sussex, Cape May or Mercer County, when an underage individual is caught by police with an alcoholic beverage, or worse, drunk as a result of consuming beer, wine or liquor, a potential conviction can have a serious impact on that youngster’s life going forward.

According to New Jersey law, any individual who consumes alcohol must 21 years old or more. This not only applies to drinking beer or wine, but also to purchasing or possessing it. To put it simply, underage drinking in the Garden State is strictly illegal. Not only are the police and our courts very strict about underage alcohol possession, as well as teenage drinking and driving, the legal consequences can be rather severe as well.
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September 16, 2011

NJ Drunk Driving Update: DWI Checkpoint, Sobriety Roadblock Alerts on Twitter, Facebook Raise Some Ire

by Jonathan F. Marshall

As a practicing New Jersey drunk driving defense attorney and former municipal prosecutor, I understand the importance of individual rights and how those rights and personal freedoms are protected by the Constitution of the United States. I also know that technology continues to push the envelope of what is considered acceptable regarding free speech and free expression.

Living in such an technologically advanced, diverse and informed society, it doesn’t come as much of a surprise to read of the concerns voiced by many individuals regarding the varied uses for which social media are being employed. At this point, we would have to say that this is a complex subject that likely will take years to be fully resolved.

What is clear is that there are many people, law makers and politicians included, who are concerned about how some individuals are using their smartphones and social media sites to communicate instantly the existence of drunken driving roadblocks and sobriety checkpoints, as well as speed traps and other aspects of law enforcement activities. It’s no surprise that these channels of communication are highly successful at keeping people up-to-date on all issues, not just DWI enforcement zones; just take a look at the massive changes that have taken place in Middle East, which surely have been facilitated by social media.

According to a recent editorial, there may be a group of people who would like to imprison those who use Facebook and Twitter to publish warnings as to the whereabouts of drunk driving roadblocks. Is this a legitimate concern? Perhaps. However, law enforcement agencies are already required by law to publish the locations of these DWI and sobriety checkpoints in advance. It would be hard to say that a Twitter or Facebook user was revealing secret or sensitive police information.
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August 19, 2011

Monmouth County Police Blotter: Red Bank Police Tote Up Drunken Driving Arrests in July

by Jonathan F. Marshall

Here in the Garden State, drunken driving arrests are not uncommon, especially during the summer months when company picnics, family gatherings and friendly get-togethers are much more frequent. The point is, while being pulled over for driving under the influence may not be unusual during most of the year, getting a summons for DWI or breath test refusal this time of year can be downright predictable, at least to experienced drunk driving attorneys.

A range of alcohol- and drug-related arrests can be seen every week in the police blotter section of the news pages here in Monmouth County, as well as Ocean, Bergen and Middlesex counties. As professional drunken driving defense lawyers, I and my staff have seen our share of courtroom scenarios, from auto accidents allegedly caused by motorists accused of driving while intoxicated by beer, wine or hard liquor, to individuals arrested and charged with impaired driving related to prescription drug use (drug DUI).

And we are no strangers to defending drivers charged with DUIs allegedly caused by controlled dangerous substances (CDS) like marijuana. Whether the charge is DUI or simple possession of weed in a motor vehicle, anyone accused of these kinds of offenses should take very seriously the implications and potential penalties for a conviction on such charges.
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August 12, 2011

Sobriety Checkpoints and Increased Drunken Driving Patrols in Morris County, NJ

by Jonathan F. Marshall

Drivers traveling in the Rockaway Township area, and other municipalities around the Garden State, will likely be seeing more and more drunken driving patrols on New Jersey roadways in the coming weeks as the Labor Day holiday approaches. During times such as this, law enforcement agencies in Morris, Bergen, Monmouth and other counties across the state will be operating heightened anti-DWI patrols as part of the annual nationwide “Over the Limit, Under Arrest” drunk driving crackdown.

The enhanced enforcement period is apparently due to begin on next week on August 19 and run through Labor Day weekend, ending on September 5. During this period motorists can expect to see and perhaps be the subject of police sobriety checkpoints (also known as DWI roadblocks). The purpose of this type of roadside anti-drunken driving enforcement technique is to identify drivers who may be operating their cars while impaired by alcohol, prescription medications (drug DUI), and even illegal drugs, or controlled dangerous substances (CDS) like marijuana and cocaine.

In places like Rockaway Twp., local police officers participate in this statewide intoxicated driving enforcement program, which is funded by the federal government through grant monies. These additional outside funds allow police departments to operate drunk driving checkpoint during “high risk” periods, such as national holidays, as well as maintain roving patrols to target motorists who may be impaired due to alcohol use.

As drunk driving lawyers providing DWI defense for New Jersey residents, I and my colleagues have seen the effect of enhanced enforcement campaigns. Numerous drivers are picked up either on the road or at DWI roadblocks and charged with driving under the influence, breath test refusal and other related offenses.
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