First Offense DWI

July 30, 2011

DWI Legal Defense Update: Do You Really Think You’re Safe with a BAC Below 0.08 Percent?

First off, and we’ve said it here countless times, whether a motorist is arrested and charged with DWI in Atlantic, Essex, Hudson or Bergen County, the consequences of a drunken driving conviction are the same across the Garden State and a conviction can be very damaging to an individual’s personal relationships, business career and standing in his or her community. With that said, it’s important to mention that being charged with DWI and being convicted for drunken driving are two separate things.

Drunk driving penalties aside, no one wants to have a DWI or drug DUI on their record. And while most people would choose to fight an impaired driving charge in court, the ones who go it alone take a big gamble without representation. In fact, there are instances where a motorist may not think that he or she has much to worry about because their breath test results were under the so-called legal limit of 0.08 percent blood-alcohol content (BAC), yet the prosecution may have the upper hand.

As New Jersey DWI defense attorneys, we know drunk driving law and see it in action on a daily basis. Being familiar with the various jurisdictions across the state can also be an advantage, although the law is the same regardless of the county in which one is arrested. We also handle drug DUI cases, which can include impaired driving while on prescription medication, as well as marijuana possession in a vehicle and other kinds of DUI, such as those cases related to use of controlled dangerous substances (CDS).
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July 19, 2011

Following Fatal Garden State Crash, Brick Township PR Official is Charged with DWI

by Jonathan F. Marshall

If we’ve said it once, we’ve said it a thousand times; a drunk driving defense is only complicated when the DWI arrest is associated with a traffic accident. It makes little difference whether one lives in Bergen, Middlesex, Mercer or Atlantic County, when you throw in an injury or fatality along with a drunken driving accident the job of the DWI defense attorney is made that much more difficult.

Still, despite our suggestions to avoid driving while intoxicated, dozens of motorists every week are arrested here in the Garden State for operating a motor vehicle while impaired by alcohol or prescription medication (drug DUI); some of the individuals also become involved in what can only be termed DWI-related traffic accidents; some of which are fatal crashes, while others may entail only minor injuries.

Of course, as stated previously, killing another individual while allegedly under the influence of beer, wine or hard liquor is not a situation anyone wishes to be in. But it does happen, and with greater frequency than many people might guess. Not long ago, a Brick Twp. employee was charged with driving while intoxicated when he allegedly caused a traffic accident that left a teenager dead.

Based on news reports, 53-year-old Patrick Doyle of Ocean County was reportedly headed south along a stretch of Jordan Rd. when he attempted to pass a second vehicle on the two-lane road just after 10pm in the evening. In the process of the maneuver, police reports indicated that Doyle’s vehicle entered the northbound lane, at which point the man’s car allegedly struck the youngster who was on his skateboard near the shoulder of the roadway.
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July 13, 2011

July 4th Holiday in Ocean County Nets Lacey Twp. Police with 6 Drunken Driving Arrests

by Jonathan F. Marshall

The 4th of July holiday is always a popular time for family and friends to visit the Jersey Shore and enjoy parties and reunions. At times like these, it is inevitable for beer, wine, mixed drinks and hard liquor to be available. As New Jersey drunk driving defense attorneys, I and my colleagues always recommend that people attending such activities have a plan for getting home, or to the next party.

A designated driver is usually a good choice to ensure a sober ride home, not only for one’s safety and peace of mind, but also to avoid situations like the ones we read about in the news almost every day during the summer. This time of year, not only do residents of the Garden State know that you can find a party almost anywhere, but the New Jersey State Police and local municipal patrolmen know that a percentage of drivers on the road are going to be legally drunk.

Keeping tabs on the public roads, it’s not uncommon to see an increase in the number of anti-DWI police patrols looking for potentially drunken drivers. According to news articles, the Lacey Township Police Department arrested half a dozen motorists for driving under the influence during the holiday weekend. What may have been somewhat surprising was that there were not more summonses issued to motorists who may have been operating their vehicle while impaired by alcohol or prescription drugs (drug DUI).

Based on reports, the following traffic stops were made, all of which ended up as DWI-related offenses, in addition to the initial offense. As most people know by now, a police officer must have a valid reason to stop an individual in order to eventually arrest a driver for driving while intoxicated. A DWI arrest usually precipitates from a routine traffic stop for some seemingly minor offense, such as improper turn, burned out tail lamp or failure to maintain one’s lane.

Police reports indicate that a 20-year-old Ocean County driver was stopped following a report of a vehicle being hit along a stretch of Haines St. in Lacey. The driver was charged with drunken driving as well as operating a motor vehicle under a suspended driver’s license, driving with no valid insurance coverage, and operating a vehicle that had no valid registration.
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July 10, 2011

Camden County, NJ, DUI-DWI Defense News: Winslow Twp. Police Tally Drunken Driving Arrests

by Jonathan F. Marshall

No one should be too surprised to learn that the Click It or Ticket traffic safety campaign here in the Garden State caught more than the occasional unbelted motorist. As New Jersey DWI defense lawyers, I and my colleagues know that the seat belt use law can result in police officers catching potentially drunken drivers as well.

In addition to the state’s use of sobriety roadblocks and drunk driving checkpoints in the late evening and early morning hours, the latest seat belt enforcement campaign is likely to result in numerous intoxicated driving arrests and possibly a number of convictions for driving under the influence of alcohol. Of course, those individuals who take the wheel while impaired, either knowingly or unknowingly, by the effects of prescription drugs can also be arrested for driving under the influence (drug DUI) just as easily.

A while back, the township of Winslow, NJ, announced the results of their part in the national safety belt enforcement effort, sponsored New Jersey’s Division of Highway Traffic Safety, and which lasted from late May through early June of this year. The statistics bear out the relative success of the campaign. In Winslow Township alone, police officers gave out more than 400 traffic summonses.

Of those tickets, almost one-third were for primary seat belt violations, which may come as a surprise given the marketing that went into this effort. In addition, 32 tickets were issued for excessive speed and another 30 were fore driving on a suspended license. Nine drivers were arrested for operating a motor vehicle while intoxicated (DWI) and six people were taken into custody for drug-related offenses, such as marijuana possession.
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July 4, 2011

Police Blotter: Monmouth County, NJ, Drunken Driving and CDS-related Arrests in Middletown

by Jonathan F. Marshall

As New Jersey drunken driving and drug DUI attorneys, my legal staff has a great deal of experience defending residents of Bergen, Middlesex, Sussex and Passaic County against charges of DWI and drug DUI, not to mention marijuana possession and related offenses. While the circumstances of each drunk driving case vary to a great extent, the consequences and potential penalties are usually more predictable.

Being DWI defense lawyers, we can say unequivocally that a drunken driving or drug-related DUI arrest, much less a conviction, can cause serious problems for many people in terms of their careers, personal relationships and standing in their neighborhood or local community.

The following news items from around Monmouth County are just several of the dozens of arrests that take place every day across the Garden State. They illustrate the variety of drunk driving and prescription medication DUI reports that police officer files on a daily basis. The resulting penalties for those individuals who are found guilty in a court of law can be costly in financial terms as well as changes that they cause to a person’s livelihood and lifestyle.

In the early hours of a Sunday morning, a local police officer pulled a vehicle over along a stretch of Oak Hill Rd. after he observed the car had a headlamp, taillamp or marker lamp violation. Upon interviewing the 20-year-old local driver at the roadside, the patrolman apparently detected evidence of intoxication and/or alcohol consumption by the motorist. The man was subsequently arrested and charged with driving under the influence of alcohol. The suspect was taken into custody, transported to the local police department and processed. He was reportedly released pending a later court appearance.
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June 30, 2011

Toms River Legal Defense News: Ocean County to Increase Drunken Driving Checkpoints to Curb Summer Accidents

by Jonathan F. Marshall

Now that summer is in full swing here in the Garden State, there are numerous occasions to celebrate; family gatherings, company outings, and after-work events in restaurants and bars throughout the state. Although the state police and local law enforcement agencies have been doing their part to curb the amount of drinking and driving on New Jersey roadways for years now, every week dozens of drivers are charged with DWI or impairment due to prescription medication (drug DUI).

As drunken driving defense lawyers representing people in Bergen, Monmouth, Passaic and Atlantic County, as well as the rest of the state, we understand fully the negative impact that a drunk driving conviction can have on a person’s career and personal life. It isn’t just the monetary hit that a driver takes following a sentence for first-time DWI or drug DUI. A driver’s insurance rates will automatically go up significantly and remain there for several years.

One of the places that drivers get arrested for drinking and driving is the all-too-common sobriety checkpoint. Also known as a DWI or drunken driving roadblock, these temporary checkpoints are erected by police in areas that typically have a high incidence of DWI or DUI arrested. This fact is the justification for state and local police to set up a roadblock in order to assess drivers’ sobriety one at a time.

According to news reports, New Jersey, along with other states across the country, will be participating in a continuation of what has become a summertime staple — the DWI checkpoint program. This ongoing program includes the operation thought our state of multiple checkpoint locations in various counties, such asOcean County. Sobriety roadblocks reportedly work by supplementing local police enforcement of drunken driving laws.
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June 28, 2011

New Jersey Drunk Driving Defense News: Union County DWI-DUI Police Blotter

by Jonathan F. Marshall

Anyone who travels the surface streets or interstate routes in New Jersey is bound to run into a state patrolman or local municipal police officer at least once in their driving career. For the average person, those who take a drink socially from time to time, there is a good chance that he or she might be pulled over for a minor traffic infraction and then possibly be charged with driving while intoxicated.

Whether one lives or works in Bergen, Middlesex or Ocean County, a DWI arrest and conviction can spell the end of a promising business career, lost friendships or a ruined marital relationship. Such is the stigma of a drunk driving or prescription drug DUI guilty verdict. As New Jersey drunken driving defense attorneys, I and my staff of experienced DWI lawyers understand how a routine traffic stop can snowball into a full-blown DWI-DUI arrest.

And, we will add, the typical scenario repeats itself over and over again across the state on a regular basis. Some individuals get stopped just down the road from a bar or pub, at which they may or may not have enjoyed a glass wine, bottle of beer or shot of whiskey. Other drivers may be surprised by one of the many sobriety checkpoints that pop up from time to time in areas where drunk driving is reportedly quite common, according to police statistics.

The following news items represent a cross-section of alcohol-, prescription medication- and even illegal drug-related DUI reports that come in from every corner of the Graden State. It’s not surprising that a percentage of individuals arrested for DWI are found not guilty by a court of law. Others, sad to say, may believe that their “number was up” and chose to accept their sentence or pled to a reduced charge, yet still end up with a DWI on their record and steep fines and penalties to pay.

According to recent police blotter reports, police departments in Union County arrested a number of people on suspicion of drunken driving, as follows:

Cranford
Patrolmen from the local police department stopped a vehicle driven by a 19-year-old Cranford resident on a stretch of Dunham Ave. for allegedly failing to stay to the right-hand side of the roadway. After approaching the vehicle, officers found evidence of heroin and drug paraphernalia. The man was arrested and taken into custody after which he was charged with possession with intent to distribute, and controlled dangerous substance (CDS) in a motor vehicle.
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June 25, 2011

Mercer County DWI News: Hunterdon County Driver Pleads Guilty to Fatal DWI Accident in Trenton

by Jonathan F. Marshall

While most people arrested and charged with driving while under the influence of beer, wine or hard liquor do little more than catch the eye of an observant police officer while operating their vehicle in a possible suspicious manner, other individuals charged with driving while intoxicated occasionally cause an accident. Of those drivers that do hit another vehicle while impaired by alcohol or prescription medication (drug DUI), some regrettably kill one or more people in the process.

As DWI defense attorneys here in New Jersey, we understand how a motorist can be accused of DWI following a routine traffic stop. Those that are convicted can expect relatively stiff fines and other penalties. But as bad as a DWI conviction can be, combining it with a fatal traffic collision is something nobody wants to experience.

Not long ago, a motorist from Lambertville admitted to driving while intoxicated when he caused a traffic accident that killed his passenger and injured two other people. As a result of a plea agreement, 25-year-old Jorge Orellana, a resident of Hunterdon County, NJ, was due to be sentenced to five years in jail in relation to the traffic crash that caused the death of 19-year-old Alonso Bautista in October 2010. Based on court records, Orellana will have to serve at least 85 percent of his sentence before he can even be eligible for parole.

June 14, 2011

Monmouth County Drunk Driving Police Blotter: Holmdel and Middletown DWI, DUI and Marijuana Arrests

by Jonathan F. Marshall

Every day in the Garden State, local and state police stop drivers for a variety of traffic violations. Some of these individuals are suspected of drunken driving, arrested and charged with DWI, drug DUI, or possession of marijuana in a motor vehicle. As New Jersey drunk driving defense lawyers, our job is to represent people who feel they have been unjustly accused of driving under the influence of alcohol or prescription medication (drug DUI).

Many DWI or DUI arrests start out as a simple traffic stop conducted by a municipal patrolman or state trooper. Whether the incident occurs in Bergen, Ocean, Sussex or Atlantic County, the scenarios can be quite similar, although the particular details — such as field sobriety test results, breathalyzer (or Alcotest) readings, or failure to submit to a breath or blood test — vary between cases.

The following is a brief list from police blotters illustrating the kinds of drunken driving arrests that can happen from one day to the next. Not every person is guilty, but it is always advisable to consult with a qualified DWI defense attorney to understand your particular circumstances.

Middletown Township
A local police officer working an early morning traffic patrol responded to a report of a car crash along a stretch of Belmont Ave. where a motor vehicle had apparently hit a fence and subsequently left the scene of the accident. After a brief investigation, the officer cruised around the local streets looking for the suspect vehicle, which he allegedly found parked in from of a local residence. The 19-year-old owner of the vehicle was arrested and charged with DWI, reckless driving, failure to report an accident and open alcohol in a motor vehicle. The woman was processed and then released pending a court appearance.

During the early morning hours, Middletown Twp. Police officers responded to a report of an individual slumped over the steering wheel of a parked car. Arriving on the scene, the officers found a 41-year-old Hazlet, NJ, man in the driver’s seat. Police reports indicate that the suspect had a strong odor of alcohol on his breath. The driver was subsequently arrested and charged with DWI, refusal to submit to a breathalyzer, driving under a suspended license and reckless driving. The man was processed and later released pending a mandatory court appearance.
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June 12, 2011

NJ Legal Defense Update: Summer is the Time for Underage Drinking, Driving and DWI Arrests

by Jonathan F. Marshall

With summer upon us and the school year all but over, youngsters from junior high and high schools all across the Garden State will be hitting the beaches, the malls and local meeting spots to kick off their summer vacation in a big way. Unfortunately, some of what young people do during their vacation is experiment with alcohol.

While many will argue that teenage drinking is part of the growing up, the state of New Jersey has strict rules against underage drinking, and even possession of alcoholic beverages by minors. As New Jersey drunken driving defense lawyers, I and my staff of experienced DWI attorneys know well the circumstances that can lead to a DWI arrest. Similarly, we also know how damaging an underage drinking or drunk driving conviction can be to an individual just starting out on his or her life’s journey.

Right of passage or not, New Jersey law does not recognize a minor’s right to drink, either in public or at home. Any adults who knowingly allow youngsters to engage in such activities is also opening themselves up to their own legal problems. It’s always advisable to follow the law and avoid a serious alcohol-related arrest and conviction down the road.

Many organizations around the state and throughout the nation believe that underage drinking represents an significant public health issue. Whether one agrees with this statement, it has been fairly well documented that alcohol — such as beer and wine — is the drug of choice among children and adolescents. This may not be too surprising due to the relative ease of access that kids have to household stock of alcoholic beverages.

Some parents and legal guardians believe that it is safer for young teens to drink at home, if they are going to drink anywhere, so those adults sometimes actively participate in a child’s drinking and hence breaking the law. In fact, under the state’s social host liability laws, any adult who chooses to supply beer, wine, hard liquor or another kind alcoholic beverage to a young person under 21 years of age can be held accountable if any of the underage individuals are killed or injured as a result. And then there are the potential liability suits.
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