Middlesex County DWI Defense

July 30, 2013

Garden State DWI Defense Update: Most Anyone Can Be Arrested for Driving Under the Influence

No matter who you are or what your station in life, few if any people have immunity from a drunken driving arrest in this state. The apparent danger of drinking and driving long ago pushed intoxicated operation of an automobile, truck or motorcycle beyond that of a moving violation to one of the most serious traffic offenses in the Garden State.

As experienced New Jersey DWI defense attorneys and skilled trial lawyers, my legal team understands the law as it specifically applies to drunken driving, as well as the penalties associated with a conviction for drunken driving or operating a motor vehicle while impaired by prescription medication or illegal substances (such as marijuana or cocaine). As knowledgeable DWI attorneys, we also understand how the stigma of a drunken driving arrest and/or conviction can impact a person’s life, both public and private.

Frankly, it’s not that uncommon here in New Jersey to read of a sports hero, entertainer, state official or even a police officer who has been slapped with a DWI or DUI charge while driving his or her vehicle on public roads. From time to time we will run across news stories that detail the events leading up to the arrest and conviction of a well-known personality for drinking and driving or being impaired by drugs.
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July 28, 2013

New Jersey Drunk Driving Police Blotter: Officers in Middlesex and Monmouth County Arrest Drivers for DWI

by Jonathan F. Marshall

Prosecutions of motorists accused of driving while intoxicated can unfold in a number of different ways here in the Garden State. In situations where a driver is charged with operating a motor vehicle under the influence of alcohol usually focus on whether or not the defendant was impaired by beer, wine, hard liquor of some other type of alcoholic beverage. Arrests made on the basis of having a blood-alcohol content (BAC) reading of 0.08 percent or more is typically referred to as a “per se” charge.

As New Jersey drunk driving defense attorneys, I and my legal team understands New Jersey’s DWI-DUI law, which can be unusual in several ways. First off, unlike many other states across the country, New Jersey doesn’t give accused DWI or drug DUI offenders the right to a jury trial. A motorist accused of driving while intoxicated in the Garden State is entitled only to a court trial, where a judge is the sole decider of guilt or innocence. Naturally, there are various advantages and disadvantages to this approach.

One important “advantage” for those defendants who are found guilty by a judge of DWI-DUI in New Jersey is that the guilty party has the right to an appeal, known in legal circles as a “de novo” appeal. In cases where the defendant loses his initial DWI case, the de novo appeal allows the appellant to bring his case before a county-level Superior Court judge, who will review the trial transcripts and listen to arguments from both the motorist’s lawyer and the state’s attorney.
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July 18, 2013

New Jersey DWI News: Garden State Drivers Becoming More Aware of Drunk Driving Consequences

by Jonathan F. Marshall

As long as DWI checkpoints and sobriety roadblocks have been used in this state there have been detractors who ask if the cost in equipment, manpower and officer overtime is really worth the effort of bringing in a handful of alleged drunken drivers from time to time. Here in the Garden State, the random operation of sobriety checkpoints certainly has given more than one driver pause to get behind the wheel of his or her car following an evening with friends at a restaurant, bar or private residence.

As long-time DWI defense attorneys, I and my team of experienced trial lawyers have dedicated ourselves to helping those motorists who believe that they did not deserve being charged with driving under the influence of alcohol or drugs. One of the many ways in which New Jersey drivers end up in front of a municipal or county judge is when they are arrested for DWI or drug DUI at one of the numerous drunk driving roadblocks that go up on weekends and during various national holidays.

Although law enforcement agencies throughout the state have it in their authority to set up sobriety roadblocks, there are limitations and rules that must be followed. For example, the police are required by law to place a public announcement (stating when and where) prior to the erection of any sobriety or DWI checkpoint. Furthermore, the placement of these roadblocks must be in an area that has a history of prior DWI activity; in other words, they cannot be placed anywhere the police authorities choose.
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July 12, 2013

Advanced Patrol Car Electronics and Instant Access to Statewide Motor Vehicle Databases Give Police an Edge

by Jonathan F. Marshall

Back in what some of us might call the good ol’ days, having an out-of-date license plate tag or being tardy in making an auto insurance payment was a secret that could mostly be kept to oneself, at least until a driver broke a traffic law right in front of a cop. But that’s hardly the case anymore. These days, the information age can quickly catch up to those procrastinating motorists and other drivers for whom the calendar is merely a seasonal guidepost. For those who might not worry so much about driving their vehicle while possibly intoxicated, whether they know it or not, Big Brother is watching.

As we’ve explained in the past, New Jersey state law defines when it is legal for a police officer to stop a motorist on the roadway, after which a drunk driving summons may be forthcoming depending on the officer’s suspicions and observations of the driver. But having a hunch that a motorist may be inebriated behind the wheel of his or her vehicle is not sufficient legal grounds in the Garden State for a patrolman to stop a vehicle. Acting on the suspicion that an individual is impaired by alcohol or prescription drugs (drug DUI) should only come into play following a legitimate traffic stop.

But what does it take to cause a municipal policeman or a New Jersey state trooper to decide that a driver is in violation of one or more traffic laws? Simple observation can result in a routine police stop if the officer in charge sees an obvious violation, such as an illegal U-turn, failure to yield at a stop sign, even cutting through a parking lot to avoid waiting at an intersection. These and many other scenarios are all typical ways in which New Jersey drivers are constantly getting into hot water with the police.
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July 4, 2013

NJ Drunk Driving News: Three Garden State Drivers Compound DWI with Additional Offenses in Middlesex County

by Jonathan F. Marshall

In Atlantic, Ocean, Monmouth, Middlesex, Passaic, and Morris County, not to mention the dozen-plus other counties around the Garden State, it is not appropriate to operate a motor vehicle while legally intoxicated as provided in the New Jersey legal statutes. If you or someone you know have been arrested and charged with driving while intoxicated (DWI) or driving under the influence of prescription drugs (drug DUI), you may have already started searching for a drunk driving defense attorney who may be able to assist in your defense.

One of the more important things to remember if ever you find yourself named in a DWI or DUI case is that New Jersey prosecutors, in general, are taught that confronting a defendant in court will be typically more difficult if that individual has retained a DWI lawyer to assist him or her against the state’s accusations. Being found not guilty following a charge of operating a motor vehicle while under the influence of alcohol, doctor-prescribed medication or illicit drugs is a matter of finding many or all of the prosecution’s key legal arguments to be defective.

As long-term DWI defense attorneys, the attorneys at my law firm have the skills and courtroom experience to identify problems with the prosecution’s case and use those to the client’s ultimate advantage. Depending on the particular circumstances surrounding the defendant’s arrest and subsequent charging in a drunk driving case, a skilled lawyer may be able to work out a favorable sentence, or better yet, help the accused motorist to avoid a conviction completely.
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June 3, 2013

Contemplating Drinking and Driving in New Jersey? Consider How Zealous DWI Enforcement Here Can Be

by Jonathan F. Marshall

Unless you’ve been living under a rock for the past several decades you probably know almost intuitively that municipal patrolmen, as well as our New Jersey state troopers, all have a very keen eye for potentially impaired motorists. Making one’s way onto public roads in any condition other than fully sober can be a risky proposition not only in terms of safety to you, your passengers, and others on the road as well, but also financially.

As New Jersey DWI defense lawyers, I and my staff of skilled legal professionals have for many years been protecting the rights of individuals accused of operating a motor vehicle while under the influence of alcohol or prescription drugs (drug DUI). My legal team understands drunk driving law and the potential fines associated with a conviction for any number of alcohol-related offenses.

Another thing that we know from our decades of collective courtroom experience is that law enforcement officers and the prosecutors who handle drunk driving cases tend to have a singular goal of catching, convicting and punishing motorists who get behind the wheel of a car or truck while intoxicated. Whether it’s alcohol, doctor-prescribed medication, or illegal substances, the law has strict rules for dealing with offenders.
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June 2, 2013

One Big DWI Red Flag: Driving a Mechanically Defective Vehicle While Drunk Behind the Wheel

by Jonathan F. Marshall

There are few things that will get the attention of a New Jersey State Trooper or local patrolman faster than a motorist operating a vehicle that is obviously damaged, in poor repair, or incorrectly maintained. As such, there are few worse scenarios than attempting to drive a mechanically compromised automobile when you as the driver are also somewhat compromised by alcohol (DWI), prescription meds (drug DUI), or an illegal substance (also known as a controlled dangerous substance or CDS).

Furthermore, it doesn’t take a skilled legal professional to know that here in the Garden State, being arrested for DWI or drug DUI is not the best path to a happy future. Aside from the general embarrassment, potential negative career implications, or interpersonal problems that such an event can trigger, the cost of a conviction for drunken driving can be rather significant, especially for those individuals who already have tight family budgets.

All this being said, there are ways to avoid attracting the attention of the local constabulary. First and foremost is not getting into the driver’s seat after having even one drink. Whether you are below the legal limit of 0.08 percent blood-alcohol content (BAC) or not, being even slightly impaired can raise your chances of having an accident by affecting one’s ability to control the vehicle; never mind the possibility of standing out in a crowd by weaving, failing to signal, speeding, or even going much too slowly.
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May 29, 2013

Parking While Intoxicated, Really? Why “Sleeping it Off” in Your Vehicle Isn’t the Best Decision

by Jonathan F. Marshall

Well, it has finally warmed up and the cold weather from earlier in the year is now just a dim memory, which can only mean one thing: Time for a trip to the Jersey Shore. But aside from the weather, what we’d like to talk about today is the potential for getting a drunken driving ticket without ever hitting the road. This may be a point of contention between the police, local prosecutors and drunk driving defense attorneys, but it may be instructive to point out a few things.

As New Jersey DWI-DUI defense lawyers, I and my staff of highly qualified litigators understand how easy it can be for drivers in the Garden State to get caught up in a drunken driving arrest. Not only is drinking and driving grounds for being charged with DWI, but operating a vehicle while impaired by prescription medication, whether doctor-prescribed or over-the-counter, can yield a drug DUI summons as well.

In our last post, we mentioned a case where a driver was arrested and charged with drunk driving while sitting in a running vehicle on the roadside. Although this may seem to be an odd scenario, there have been many instances where individuals have been arrested by the police as they slept in their parked vehicles. An interesting point about being accused of intoxicated driving is that one doesn’t always need to be drunk on an actual public roadway to end up being arrested for DWI-DUI.
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April 30, 2013

Driver Charged with DUI, Reckless Driving after Car Reportedly Rams Police Cruiser in Middlesex County

by Jonathan F. Marshall

Being charged with drunken driving is no laughing matter, but heaping other offenses on top of a DWI really not desirable. Quite frankly, it is in most people’s best interests to take their fight to a court of law, rather than express anger — physically or verbally — toward the arresting officer. Of course, nobody is perfect and human nature can get the best of anyone during a tense and stressful situation such as a drunk driving arrest.

As New Jersey DWI defense attorneys, I and my staff understand the that tempers can run high during a traffic stop, especially if the accused motorist believes he was in the right. Having had a glass of wine or a beer prior to the police stop can lead to a possible arrest for driving while intoxicated, so it is best to try and keep one’s head during such instances. But there are even worse situations in which a driver might find himself.

We were reminded of this by a news article a while back in which a driver was accused of multiple traffic offenses, driving under the influence being one of them. But in this particular case, the motorist also allegedly hit an officer’s patrol car prior to the arrest. Now, we don’t have to tell most people that being involved in a traffic accident while allegedly drunk behind the wheel is not the world’s best scenario when it comes to defending a DWI charge.
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March 31, 2013

New Jersey DWI Police Blotter: Multiple South Brunswick Arrests for DWI, CDS Possession, Other Offenses

by Jonathan F. Marshall

Do not think for a moment that a drunken driving arrest or drug DUI summons will automatically result in a conviction, fines or jail time. As New Jersey trial lawyers skilled in drunken driving defense, we must say first off that few DWI or impaired driving cases are ever completely hopeless; nor is a conviction for driving while intoxicated, breath test refusal or underage drinking and driving always inevitable. But there is one large caveat to any question regarding drunken driving defense: A motorist must be prepared to fight a DWI charge if he or she can ever hope of coming out ahead.

Time and time again, I and my staff of experienced drunk driving defense attorneys are asked by potential clients about the practical considerations when fighting against a New Jersey DWI-DUI charge. We usually answer their questions by reminding them that nothing can be gained if no effort is expended. Sadly, for many drivers accused of impaired driving, they fail to speak to a qualified DWI expert before stepping into a courtroom.

Certainly, one will never beat a DWI charge by pleading guilty when the time comes. While the local or state prosecutor will usually point out to the court a number of factors that supposedly “prove” the defendant was operating his or her vehicle while under the influence of beer, wine or hard liquor, simply having the so-called “odor of alcohol” on one’s breath or driving erratically is not always grounds for a conviction.
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