First Offense DWI

June 3, 2011

Middlesex County DWI Arrest Update: Other Approaches to Fighting New Jersey Drunken Driving Charges

It’s important to remember that a drunk driving arrest and subsequent DWI or drug DUI charges are not the end of the world. However, any time a person is picked up for driving under the influence of alcohol or driving while impaired due to prescription drugs one should always consult with a qualified DWI defense lawyer.

As New Jersey DWI-DUI defense attorneys, I and my staff have decades of experience in fighting for clients who have been accused of driving while intoxicated. Even those individuals who have been arrested for operating a motor vehicle while under the influence of illicit drugs, such as cocaine or marijuana, should speak with an experience legal professional to understand their rights under the law.

Here in the Garden State, whether you live in Ocean, Sussex or Monmouth County, the law considers you innocent until proven guilty. Fighting a DWI or DUI charge can be approached in many ways, depending on the individual circumstances. The following is a continuation of my earlier discussion on challenging a DWI arrest.

Rising Blood Alcohol Level
It’s may not seem logical, however it is possible for a motorist’s blood-alcohol content (BAC) to be measured at police headquarters sometime after the initial arrest and have a higher reading than if he or she had been measured at the scene of the traffic stop or sobriety roadblock.

How can this be? The fact is it takes an average of 50 minutes for alcohol that one has consumed to be fully absorbed in a person’s bloodstream. While this may seem like a long time, consider that it can take as long as three hours before a person reaches maximum BAC.

This is a critical point, especially if the drunken driving arrest occurs right after one has consumed the alcohol. In such cases, an individual’s BAC will likely still be rising at the time the police administer a breath test. In fact, even if your BAC was above 0.08 percent at the time of the blood draw or breath test, it could well have been under the legal threshold when you were actually on the road. (Because there is no law against having a BAC above 0.08 while at the police station, you might want to consult a drunk driving attorney to determine the best defense.
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May 31, 2011

Sales of DWI Sobriety Checkpoint Apps for Smart Phones on the Rise

by Jonathan F. Marshall

As the saying goes, knowledge is power; and apparently owners of smart phones are feeling more powerful every day. In the news of late are stories about the sales of software applications that allow users of iPhones, BlackBerries and Droids, among others, to keep track of drunken driving checkpoints, also known as sobriety roadblocks. Numerous government officials and police departments have been pressing Apple and Google to stop offering the apps, but this may be in itself be accelerating sales of the DWI alert software packages.

As New Jersey drunken driving defense lawyers, I and my team of experienced DWI attorneys are quick to advise people not to drink and drive. However, we understand that many motorists who are stopped by state and municipal police patrols don’t necessarily realize that they may be legally drunk, something which could end up costing them a great deal.

When a driver is pulled over at a drunk driving checkpoint, if a police officer detects signs of alcohol use he may request the driver to perform a variety of field sobriety tests. Once satisfied that the motorist is likely impaired by alcohol, the officer may also ask the driver to submit to abreathalyzer test. If his or her blood-alcohol content (BAC) measurement is 0.08 or above, the individual could be arrested and charged with driving while intoxicated. This is the beginning of a costly process that may lead to loss of the person’s job, alienation from family and friends, and possibly jail time under certain circumstances.

One way in which motorists are trying to avoid running into a sobriety roadblock is through the use of those DWI and DUI apps. According to news reports, these downloadable applications actually enable smart phone owners to pinpoint the locations of drunk driving checkpoints set from time to time up by police departments all across the Garden State.
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May 28, 2011

Morris County, NJ, Legal Defense: Is Hiring a New Jersey Drunken Driving Lawyer Really Necessary?

by Jonathan F. Marshall

Whether you’ve received a summons for driving while intoxicated or been arrested for prescription drug DUI, there’s a good chance that you’ve been wondering if a drunken driving defense attorney is worth the expense. It makes little difference whether you live in Morris, Ocean or Middlesex County, if you’ve been stopped by the NJ State Police or a local patrol officer, the resulting drunk driving arrest and possible conviction can complicate most anybody’s life.

Because there is so much to lose as a result of being convicted for drunk driving or illicit drug DUI, it’s a good idea to consult with an experienced DWI attorney to find out where you stand. Penalties for driving under the influence of alcohol, marijuana or other controlled dangerous substance (CDS) make it almost imperative to hire a drunken driving defense lawyer.

Maybe a recently traffic stop resulted in a DWI arrest, or perhaps a motorist received a summons for being intoxicated while parked on the roadside, the initial question one must ask is, “Was I really drunk?” The answer to this question is maybe yes, but maybe no. It all depends on the facts and the way in which the police conducted the initial traffic stop and subsequent DUI arrest.

Considering whether or not a DWI charge was warranted, a drunk driving defense attorney can look at all the specifics involved in the case and determine if a conviction is likely. Maybe it is, but one thing is certain, as with any aspect of the law a drunk driving conviction relies on a variety of factors and no outcome is ever written in stone.
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May 23, 2011

New Jersey Legal Defense: Male Drivers Not Only Group Found Drinking and Driving

by Jonathan F. Marshall

As DWI defense attorneys here in the Garden State, we can certainly say that the male contingent is not the only sector of the driving public who has a history of drunken driving arrests. While some may argue that men are more likely to be cited for driving while intoxicated, it’s actually understood that as a group female motorists are being stopped for impaired driving more often than, say, ten years ago.

As New Jersey drunk driving defense lawyers, I and my colleagues have defended numerous clients, many of them women, who have been accused of driving under the influence. It wouldn’t be a stretch to say that many people have made the mistake of getting behind the wheel of a motor vehicle after taking a few drinks. Of course, there are certainly fewer individuals out there who would consciously decide to drive while legally drunk, if they knew that they would end up in a courtroom accused of DWI.

The penalties for driving under the influence of alcohol or prescription drugs here in New Jersey can be quite heavy. And as we’ve seen over the past several years, women and men are constantly being introduced to what it’s like to be stopped for DWI. It wasn’t long ago that news articles, were heralding the new trend in drunk driving, that of female drivers being arrested on the highways and city streets.

May 18, 2011

Morris County, NJ, DWI-DUI News: Kinnelon Police Arrest 2 People for Marijuana Possession in Vehicle

by Jonathan F. Marshall

While some people may feel that being arrested for impaired driving only happens to those who drink and drive, DWI or more specifically, DUI, can also pertain to motorists stopped by police and found to be under the influence of a controlled dangerous substance (CDS), such as cocaine or marijuana. drug DUI, which can also apply to individuals determined by the police to be impaired by prescription medication, is relatively common in the Garden State.

As New Jersey drunk driving defense lawyers, I and my colleagues understand how a causal user of marijuana could be charged with possession of marijuana, or weed, while driving their vehicle in Middlesex, Monmouth or Ocean County. Not surprisingly, the New Jersey legal system applies the same strict enforcement of DUIs as it does DWIs. While the substance may be different, a CDS instead of beer, wine or hard liquor, the penalties can be just as severe.

A news article not long ago illustrated what can happen when a driver is stopped by police and found to have been using an illicit drug while operating a motor vehicle. According to news reports, two people were arrested by police and charged with marijuana possession in Morris County apparently following a routine traffic stop.

May 15, 2011

Union County DWI News: New Jersey DWI and Drug DUI Police Blotter

by Jonathan F. Marshall

As New Jersey DWI defense attorneys, we find reports of drunk driving arrests in the media nearly every day of the week. Whether you live in Bergen County, Hudson County or Mercer County, the odds of a driver being pulled over and charged with driving while intoxicated increases with enhanced drunken driving enforcement patrols.

While many DWI arrests take place as a result of a seemingly minor traffic offense, many other motorists are picked up for drinking and driving as a result of sobriety checkpoints. Still others are arrested for being intoxicated while sitting in a parked vehicle. The following news items from Union County are just a couple of the typical arrest reports that transpire every week in the Garden State.

Kenilworth

May 12, 2011

New Jersey Drunk Driving News: 2 People Seriously injured in Monmouth County DWI Traffic Accident

by Jonathan F. Marshall

Even in the best of situations, a routine traffic stop can lead to a charge of drunken driving. Here in the Garden State, local police departments and the State Police maintain drunk driving patrols along public roadways in Union, Atlantic, Ocean and Bergen County. It’s not uncommon for a motorist to be stopped for a minor traffic violation and then to be arrested for driving under the influence of alcohol, prescription pills (drug DUI), or illicit drugs.

As New Jersey drunk driving defense lawyers, my firm has represented many drivers accused of intoxicated driving, operating a motor vehicle while impaired by a controlled dangerous substance (CDS), and breath test refusal. While our courts take a dim view of individuals who get behind the wheel when legally drunk, they certainly take notice of those drivers who cause a traffic accident while under the influence of beer, wine, hard liquor and even marijuana.

It’s best to remember that being involved in an injury accident while potentially drunk will not win you any points with a judge. Not long ago there was a report of a traffic accident that sent two people to the hospital and resulted in one of the drivers being cited for DWI. According to the news, four individuals were hurt during the crash that occurred along a stretch of Rte 9 near Taylors Mill Rd.

April 28, 2011

Monmouth County DWI Defense: Things to Consider Following a Drunk Driving Arrest in New Jersey

by Jonathan F. Marshall

Whether you live or work in Ocean, Sussex, Bergen or Union County, it’s likely that nobody expects to be pulled over by police and arrested on charges of driving under the influence of alcohol. Here in Monmouth County, as in the rest of the Garden State, I and my staff of experienced DWI defense attorneys fully understand the anxiety and trepidation that follows a drunken driving or drug DUI police stop.

For first-time drunk driving arrestees, and even those picked up for driving under the influence of prescription medication or illicit drugs such as marijuana, the experience can be a shock. But more than that, not taking action and leaving one’s fate in the hands of the court is something that no one should allow to happen, if they can help it.

Of course, second and third-time offenders have a different set of circumstances to deal with, but in general, we always recommend that motorists consult with a qualified DWI lawyer. The reason is simple: being cited for impaired driving — whether allegedly due consumption of beer, wine or hard liquor; prescription pain medication or a controlled dangerous substance (CDS) — is nothing to be taken lightly.

Careers, marriages, and reputations have been ruined by drunken driving and DUI convictions. Of course, being arrested for driving while intoxicated can happen night or day. It usually, but not always, happens with a seemingly routine police stop for a supposedly minor traffic infraction — something as insignificant as a faulty taillamp. Other times it can come at the location of a drunk driving roadblock (also known as a sobriety checkpoint).

Regardless of the circumstances, once charged with a DWI one should as a matter of course contact a DWI-DUI defense attorney. My office has handled enough DWI cases and spoken with so many people charged with DWI or DUI that we know it’s not a wise idea to represent yourself in front of the court. Not only can the process of fighting a DWI arrest be confusing to the first-time defendant, there is no way that a layperson can come fully prepared to face the court – at least, not like one can with a qualified DWI defense lawyer at one’s side.
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April 24, 2011

Boating Under the Influence in New Jersey Not Unlike Driving While Intoxicated on the Road

by Jonathan F. Marshall

With summer not far away, it’s not too soon to mention that boaters, like motorists on land, need to watch their alcohol consumption if they plan to be piloting their watercraft this year. While it may be fin to hear the strains of, “What do you do with a drunken sailor?” New Jersey’s law enforcement agencies are just as strict about boating under the influence (BUI) as they are driving while intoxicated (DWI).

What many people don’t always understand is that the same standards governing drinking and driving for landlubbers applies as much to captains of watercraft. As New Jersey drunk driving defense lawyers, we know the law. No matter if you’re on an inland lake or running just offshore along Atlantic, Ocean or Cape May County, as the pilot of your boat if you’ve been drinking you could be charged with DWI.

Just as a driver of an automobile, a boater whose blood-alcohol content (BAC) is over 0.08 percent, you can be arrested. And the same applies to drug DUI and breath test refusal. The reasons for this are simple; the statutes governing drunk driving on land are nearly the same as those for operating a boat when inebriated. DWI penalties for drunken boating are also quite similar.

April 21, 2011

Morris County Police Arrest New Jersey Drivers for Drunken Driving and Marijuana Possession

by Jonathan F. Marshall

As the weather becomes increasingly more pleasant here in the Garden State, the promise of warm spring days and summer evenings will bring about the inevitable house parties and family get-togethers. Part and parcel with these occasions is the always plentiful selection of beer, wine and hard liquor. While most people temper their drinking with the understanding that a drunken driving arrest and possible conviction is not desirable, it may not always be obvious that a driver has had more than his or her legal amount of alcohol before heading home from a party.

In such cases, being pulled over by a police officer for a seemingly minor traffic offense could wind up in a full-blown DWI arrest. While I am always quick to warn family and friends to drink responsibly — and of course use a designated driver whenever the need arises — as a New Jersey drunk driving defense lawyer, I also understand the ways in which a motorist could end up being issued a summons for driving under the influence of alcohol, or even prescription drugs (drug DWI).

In my line of work, I can also say that a conviction for driving under the influence of alcohol can significantly impact an individual’s career, his personal life or even his standing in the community. The police in counties like Bergen, Ocean, Mercer and Union are constantly on the watch for potentially impaired drivers, and every week we read stories from local communities of police arresting intoxicated drivers.

The following are a few examples of typical news items that describe individuals stopped for traffic infractions and then arrested for DWI, prescription drug DUI, and possession of controlled dangerous substances (CDS), such as cocaine and other illicit drugs.

Morris County
A 21-year-old Dover resident was stopped by the police for drunk driving in the early morning hours along a stretch of Rte 24. The patrolman in charge arrested the man for drunken driving and was in the process of transporting the individual to police headquarters when he noticed a folder piece of white paper apparently on the subject’s person. After investigating the item, the officer determined that it contained an amount of marijuana. In addition to the DWI arrest, the man was also charged with possession of marijuana. He was released after processing and assigned a mandatory court date.
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