Marijuana Possession in a Vehicle

October 21, 2014

Driver Charged with DWI after Going the Wrong Way and Colliding with a Tractor Trailer

As New Jersey drunk driving defense attorneys, my colleagues and I are dedicated to helping those individuals who have been accused of DWI or operating a motor vehicle while under the influence of prescription drugs or illicit substances (drug DUI). While we do not condone the act of driving while impaired, we are nonetheless committed to assisting motorists who believe that they were unjustly or erroneously charged with a serious alcohol- or drug-related traffic offense.

As many people may understand, some defendants in DWI-DUI cases also have the complication of a roadway accident to contend with. Since every person has the right to legal representation under the law, we are ready to act in our clients’ best interests. Having said that, we must from time to time question the choices that some individuals make when they mix alcohol and automobiles; setting oneself up for potential injury or death is one scenario that comes immediately to mind.

Regardless of one’s stance on drinking and driving, it can be assumed most people know that adding an injury-related or fatal traffic accident to a drunk driving arrest is not the best situation. We do not intend to come off as preachy, but when speaking with friends and colleagues, we often recommend prudence when going out for a drink or two. Quite simply, when it comes to drunk driving and other DWI-DUI violations, we highly recommend that people not make things worse on themselves by pulling another person or persons into their mistake.
Continue reading

October 16, 2014

Morris County DWI Police Blotter: Randolph Twp. Patrolmen Arrest Drivers for DUI and CDS Possession

by Jonathan F. Marshall

Given the current automotive landscape here in New Jersey, there is more than a good chance that a fair percentage of the population either personally knows of or has heard about someone who has been stopped by the police for some kind of traffic infraction during the last year or so. Of that broad group, the are usually some individuals who have been stopped and subsequently arrested and issued a summons for drunken driving or impaired vehicle operation due to some kind of controlled substance.

Whether one is charged with DWI or drug DUI, the need to find professional legal representation jumps to the top of the list of important decisions following such an event. While most drivers who are charged with drunken driving typically find themselves stopped for what may have seemed like a minor traffic infraction, there is a smaller group that receive DWI-DUI summonses at late-night sobriety checkpoints, otherwise referred to as DWI roadblocks.

Many of the random instances involving drunk driving and drug DUI police stops end up being published in the so-called police blotter sections of many Garden State media outlets. Although many traffic stops, which turn out to be alcohol- or drug-related, may not be all that remarkable, there is often a common theme that comes up again and again. And while the drivers’ names and arrest locations can, of course, be unique to those individual events, there can be seen patterns of stops and subsequent arrests.
Continue reading

September 15, 2014

Garden State DWI News: Monmouth County Police Charge Multiple Drivers with Drunk Driving and DUI

by Jonathan F. Marshall

Whether you live or travel in the Monmouth County area, municipalities such as Asbury Park, Manalapan Township and Red Bank all see their share of intoxicated and impaired driving these days. As long-time DWI defense lawyers, my legal team has represented hundreds of individuals from all around the Garden State who have been accused of driving under the influence of alcohol, prescription medications or illegal drugs, also known as controlled dangerous substances (CDSs).

Quite often one can find the results of police activities in the local police blotters published by news agencies all around the state. The following is a brief list of the kinds of police arrests that take place on a regular basis here in New Jersey. While the circumstances are always unique, the situations that arise are often very much the same when it comes to the how and why of many traffic stops; they illustrate the typical course of events that many drivers experience year in and year out when it comes to drunk driving and drug DUI.

Asbury Park Arrests include DWI and Drug Possession
Law enforcement personnel in the Asbury area have been making drug-related arrests for many years. In recent weeks, according to reports, police have made arrests for possession of drug paraphernalia, intoxicated driving and marijuana possession. During the long Labor Day weekend, officers arrested several people including a 32-year-old out-of-state man for heroin and cocaine possession, as well as five prescription legend drugs.
Continue reading

September 7, 2014

Arrested for DWI Over the Labor Day Holiday? How a New Jersey DWI-DUI Attorney Might Help

by Jonathan F. Marshall

Now that summer is officially over, there are still many Garden State motorists awaiting their day in court to answer to charges of impaired driving lodged against them by local and state police during the long Labor Day holiday. Whether arrested for intoxication by alcohol or impairment via some kind of drug (either legally obtained prescription medications or illicit substances, like marijuana or cocaine), the odds of paying dearly for an error in judgment or momentary indiscretion can be quite high.

As New Jersey DWI defense lawyers, my law firm is dedicated to assisting those individuals who have been accused of a serious drunken driving offense. Though many people would disagree, until it actually happens to them, even an instance of breath test refusal can lead to costly penalties. If you or someone you know was arrested for drunk driving arrest, drug DUI, or CDS (controlled dangerous substance) possession, my colleagues and I understand how frightening the future may seem without a good plan in place.

Whether you were arrested in Middlesex, Hudson, Ocean or Bergen County, it is certain that the memories a carefree holiday weekend were overshadowed by the stark reality of a DUI-DWI charge. Sadly this is a scenario that plays out all too often; sometimes on the way home from a family gathering or a cordial neighborhood block party, many times traveling home from a night out at the bar. Whatever preceded, the end result can be thousands of dollars in fines and insurance premium assessments, loss of driving privileges and even jail time.
Continue reading

September 4, 2014

Ocean County Police Blotter: Lacey Twp. Officers Net Multiple Drivers on Alcohol and Drug Charges

by Jonathan F. Marshall

DWI and DUI arrests are certainly a common occurrence in the Garden State, what with one of the largest concentrations of people in the nation and a large amount of vehicles on the road. But although DWI-DUI is admittedly a year-round occurrence, the incidence of impaired vehicle operation is especially prevalent in the warmer months. Although we just said adieu to our summer, at least officially, the weather is still fine and drunk driving is hardly a thing of the past.

Whether one lives or works Ocean County, it can be seen from local and state news articles that there are a variety of alcohol- and prescription drug-related arrests happening nearly every day of the week in towns and cities all around the Jersey Shore, in places like Toms River, Stafford and Berkeley. These areas are often busy with police activity including DWI stops, field sobriety testing, drug DUI and marijuana possession and DUI arrests.

Regardless of the circumstances, our municipal court system sees a near constant stream of DWI-DUI cases, quite a few of which are thrown out due to lack of proper evidence or improper police procedure. The following incidents took place in Lacey Twp. not long ago.
Continue reading

September 1, 2014

Hunterdon Co. Police Blotter: Drug Possession, DWI and DUI Arrests in Clinton Twp. and Elsewhere

by Jonathan F. Marshall

As drunk driving defense lawyers, my colleagues and I have decades of experience in providing legal assistance to motorists who have been arrested and charged with driving while intoxicated by alcohol, impaired by doctor-prescribed meds, or under the influence of some illegal drug or controlled substance. Depending on the circumstances, if a driver has consumed even a small amount of beer or wine, the opportunity for a charge of drinking and driving always exists.

Now, as anyone who follows the local news understands, there are hundreds of news items every month detailing the near-constant stream of drunken driving arrests and drug DUI charges all across the Garden State. The news is rife with reports documenting motorists who have been accused of driving their automobile, commercial vehicle or motorcycle while intoxicated, not to mention some arrests involving marijuana use, or possession of prescription medication.

As professional DWI defense attorneys, my staff has represented numerous clients charge with a wide array of criminal and civil offenses. From DWI-related car collisions to underage drunk driving and alcohol possession, my firm has the legal background and trial experience to help all manner of clients fight for their legal rights. Living and working here in the Garden State, it is hardly difficult to see the constant police activity on our roadways. The following compilation is just a snapshot of the DWI- and DUI-related incidents typically occurring in New Jersey on a daily basis.
Continue reading

July 28, 2014

Prohibition Redux: Marijuana Getting the “Alcoholic” Treatment

by Jonathan F. Marshall

As civil and criminal trial lawyers here in the Garden State, a large portion of our caseload is represented by client’s who have been accused of drinking and driving. Operating a motor vehicle while under the influence of alcohol is a long-standing public safety problem here in New Jersey, which is why a great deal of time and effort is spent by state government, police agencies and our judicial system in the curbing of this admittedly dangerous activity.

Similarly, drug DUI is also viewed as a safety issue on public roadways, and so our state laws include penalties for driving under the influence of hallucinogenic, habit-forming and narcotic substances, typically grouped into what is known as controlled dangerous substances, or CDSs. Marijuana — also referred to as pot, weed, hash or cannabis — is on the prohibited CDS list.

Although New Jersey, the federal government, and most other states still view marijuana as an illicit drug when it comes to recreational use, more and more people are leaning toward the legalization of pot, even beyond the legalized “medicinal” applications that even our state has adopted. Look at the public attitude toward pot in places like Colorado and you will see there is a huge revolution in the making.
Continue reading

June 29, 2014

For Some Garden State Drivers, a DWI Arrest is Just One Driving Error Away

by Jonathan F. Marshall

It goes without saying that many average motorists can become pretty rattled when a highway patrolman or even a local police officer pulls them over for a traffic offense. Because most people have little, if any, contact with law enforcement professionals in their daily lives, being confronted by any cop for an alleged moving violation can be a nerve-racking experience. As experienced New Jersey trial attorneys, my colleagues and I know very well how even the most minor of police stops can leave a driver trembling and second-guessing themselves.

Now, add the potential of intoxicated driving to the mix and you have a serious situation. The can be especially true when a motorist has just been at a restaurant or is returning home from visiting a party with friends or family. If any alcohol was consumed, there is always a possibility that the officer in charge may suspect the driver of DWI. When a state trooper or municipal patrolman asks for the details of one’s evening, having a couple drinks can turn a simple traffic summons in to a full-blown drunken driving arrest.

Leading up to an arrest, many times the police will request a motorist exit the vehicle to perform one or more of the standardized field sobriety tests, which may not always indicate correctly whether a person is impaired or not, but which is often relied upon when a policeman decides whether or not to make an arrest. Being nervous will quite often make the situation worse for a potential arrestee, since fumbling for documents and having a less-than-smooth vocal delivery can influence the outcome of a DWI stop.
Continue reading

May 29, 2014

NJ DWI-DUI Update: Don’t Let Summer Fun End with a Summons for Intoxicated Boating

by Jonathan F. Marshall

It is probably safe to say that winter is over and done with here in the Garden State. Now, with summer officially in full swing, we feel obliged to remind readers that vacation revelry can lead not only to instances of drinking and driving, drug DUI and other related chargeable offenses, but it can also result in faulty judgment calls, especially during extracurricular activities such as power boating and sailing. As drunken driving defense attorneys here in Monmouth County, we know that drunk driving is just one of several potential violations that can and do take place along the Jersey Shore.

Many people who have visited this state’s fabulous ocean-side venues up and down the Garden State coast may already have experienced the embarrassment of receiving a DWI or drug DUI summons during a visit to the seashore. Those who came to enjoy boating and other watersports — either off the shoreline or in one of this state’s numerous waterways — may have found themselves being approached by law enforcement officers after a minor boating-related mishap or simple procedural error while negotiating New Jersey waters.

For some of those who may have imbibed a little bit before their encounter with local police, coastguard, or sheriff’s department personal may have found themselves cited for being intoxicated while piloting their watercraft. Boating while intoxicated (or BWI) has been an offense in New Jersey since the early ’50s. About twenty years ago, legislators in Trenton revised the BWI statutes to provide a handful of ways in which a boater can be charged with drunken operation of a vessel.
Continue reading

May 23, 2014

Monmouth County DWI Police Blotter: Middletown Twp. Police Charge Numerous Individuals with DWI, Other Offenses

by Jonathan F. Marshall

Middletown police filed multiple arrests in late April and early May for motorists in the area who were suspected of drunken driving and other DUI-related traffic offenses. As Garden State DWI defense lawyers, my team of experienced trial attorneys understand the fear and apprehension that a drunk driving arrest can cause the average person. But regardless of the circumstances under which a driver has been accused of intoxicated operation of a motor vehicle, the prudent course is often to contact a qualified DWI lawyer for advice and counsel.

Although the state of New Jersey has banned plea bargaining in cases of DWI and drug DUI, there are still instances where the state’s evidence does not hold up in court. As such, a skilled drunk driving defense lawyer has the litigation background and legal training to handle a DWI-DUI case and perhaps lessen or reduce the potential penalties following a drunken driving conviction. There are occasions where the court will dismiss a DWI charge, based on lack of evidence or improper police procedures that are specified by law.

As with many kinds of criminal and civil court cases, the secret to avoiding a conviction or obtaining a downgrade in charges, and therefore penalties, is identifying certain points that will help to undermine the prosecution’s case against the defendant. Interesting enough, many DWI and drug DUI charges arise from what began as a simple or relatively routine traffic stop.
Continue reading