Monmouth County DWI Defense

July 28, 2013

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

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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June 28, 2013

New Jersey Resident Charged with DWI after Alleged Out-of-State Drunk Driving Accident

by Jonathan F. Marshall

As with many drunk driving scenarios, the beginning of the ordeal for any motorist is usually when he notices a police car behind him with lights on and siren blasting. Unnerving as that initial moment may be for most, for those individuals who may have had a drink or two prior to the police stop the worst is yet to come. Never mind the embarrassment, the fear of being found guilty of drunken driving can result in a very awkward experience on the roadside.

As New Jersey trial lawyers experienced in defending motorists accused of intoxicated driving or drug DUI from taking some kind of prescription medication, we understand the trepidation that most anyone would feel after being called out by a New Jersey State trooper or municipal patrolman. We also know that if a person does not actively seek legal assistance to fight a drunk driving charge, the potential penalties for losing one’s case can be costly.

The skilled attorneys at our Monmouth County law firm are dedicated to providing a vigorous defense on behalf of our clients. In general, when considering whether or not one might retain counsel for a DWI-DUI or breath test refusal charge, it is important to ask a few questions. Top among these would be whether or not a prosecutor can prove you, as the driver, were intoxicated.
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June 26, 2013

Hazlet, NJ, Police Officer Hit with DWI after Union Beach Traffic Accident

by Jonathan F. Marshall

Here at the law offices of Jonathan F. Marshall, we have several former DWI prosecutors on our legal team. As such, I can say that we all have a healthy respect for the efforts and sacrifices made every day by city and county police officers and state troopers all across the Garden State. But that being said, as drunk driving defense attorneys we must, as part of our job, view any and all evidence used by the prosecution with a critical eye; questioning all sources of evidence that might be used against our clients in a court of law — even the professional observations, judgments and actions of those officers whom we respect.

The reason for this is simple. As drunken driving defense lawyers, we have an obligation to our clients, as well as to the law itself, to pursue the truth wherever it might lead. Many motorists in the state are charged with DWI, drug DUI, CDS possession, and other motor vehicle violations without strong evidence to support the state’s claim. While many drunken driving cases do result in a conviction and penalties for the defendant, still others end with the case being thrown out on technical grounds or from insufficient supporting evidence.

As hard as we work to protect the rights of those individual who are accused of operating a motor vehicle while impaired by alcohol or prescription medication, we find it disturbing whenever we hear of a patrolman or other law enforcement official who is arrested for breaking the very laws that he or she is sworn to uphold as part of their official duties. Hypocrisy is hardly a redeeming characteristic.
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June 5, 2013

Jersey Police Blotter: Monmouth and Union County Police Issue DWI, CDS Possession and DUI Summonses

by Jonathan F. Marshall

Having defended hundreds of motorists over the years, my law firm’s legal team literally has decades of trial and courtroom experience under its collective belt. As such, we understand how typically law-abiding citizens can find themselves facing a drunk driving charge for the very first time. Most people charged with DWI probably did not start the day thinking that they were going to operate their vehicle while intoxicated. Even more likely never considered the possibility of being arrested on the spot for drunk driving or drug DUI.

Sadly, the time when all the would-a, should-a, could-a thoughts come streaming through one’s mind is about the same time as the officer in charge asks that you step out of the car to perform a field sobriety test. At that point, considering whether or not to drive after taking even one drink prior to heading home is a little overdue.

As New Jersey DWI defense lawyers, I and my colleagues devote ourselves to defending the rights of those individuals who have been accused of breaking the law. Our job is to represent individuals charged with operating a vehicle while under the influence of beer, wine, hard liquor and any other alcoholic beverage. The same goes for those drivers accused of being impaired by doctor-prescribed meds (drug DUI), certain illegal substances or even possessing a controlled dangerous substance (CDS), such as cocaine, meth or marijuana in an automobile.
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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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May 19, 2013

Monmouth County DWI News: Loss of One’s Commercial Driver’s License can be Catastrophic

by Jonathan F. Marshall

If you ask us — as experienced New Jersey drunk driving defense lawyers — anyone who drives a motor vehicle for a living is well advised to play it very safe and avoid any situations where he or she might end up operating a private car or commercial vehicle while under the influence of alcohol or drugs. The stakes are too high to run the risk of losing one’s license, even for a short period. Why take the chance, we would ask, but human nature is difficult to overcome at times.

Here in the Garden State, the local and state police are always on the lookout for drivers who may be operating their vehicles while impaired. And, although an officer is prohibited by law from pulling a motorist over simply on a hunch that he or she may be drunk or impaired by prescription or illicit drugs, that doesn’t mean that the officer might not wait until the driver executes an illegal turn, runs a stop sign or commits any one of dozens of seemingly minor traffic offenses.

Anyone charged with drunk driving here in Jersey will likely face strict penalties and the loss of a driver’s license should he or she be convicted of that DWI or drug DUI offense. But when it comes to professional drivers here in the Garden State, we can also tell you that these individuals face a more chilling fate: the potential loss their very livelihood, not to mention already harsh monetary and other penalties.
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May 13, 2013

Garden State Drunk Driving News: Two DWI-related Accidents Occur in Middletown, NJ, Minutes Apart

by Jonathan F. Marshall

One of the scariest things that a motorist might face when being charged with drunken driving here in New Jersey is providing a breath sample for the police to determine one’s level of intoxication, namely the person’s blood-alcohol concentration or BAC. Having one’s future hang in the balance based on the results provided by a machine can be quite unnerving when a person begins to realize the potential consequences of a DWI conviction.

As far as the operation of a breathalyzer machine, such as the Alcotest 7710, when an individual blows into the device, a measurement is recorded by the machine — this can result in a “valid” blood-alcohol content (BAC) reading or simply an error message. The BAC measurement is then included in what is referred to as an Alcohol Influence Report or AIR.

If there is one silver lining in this entire process it is that the AIR is not susceptible to human manipulation. This is because the AIR is generated automatically by the Alcotest 7710 after the subject has provided a sufficient breath sample. As New Jersey DWI-DUI defense attorneys, the lawyers on my staff know that all tests conducted on this machine are recorded and maintained for approximately six months.
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May 6, 2013

Monmouth County DWI Update: All Drunk Driving Arrests are Serious; Some More Serious than Others

by Jonathan F. Marshall

By now, most people understand that drinking and driving is about as low as one can go on the scale of social acceptability. Yet it happens every day; another otherwise law-abiding citizen is stopped by police for a simple traffic infraction and subsequently arrested for operating her vehicle while intoxicated. These motorists are not always the social misfits that many officials make this group out to be; many are friends, neighbors and business acquaintances.

This is not to say that some drivers aren’t habitual DWI offenders, it’s just that many people charged with DWI or drug DUI are first-time offenders who may not have otherwise expected to be arrested and then lumped into the same category as the typical impaired motorist. As New Jersey drunken driving defense attorneys, I and my team of skilled legal professionals have decades of combined experience helping those individuals accused of driving under the influence of beer, wine or hard liquor.

As professional trial lawyers in the field of DWI defense, we are shocked at the number of people who apparently accept the inevitability of a DWI conviction without once calling a qualified drunk driving attorney for even some basic advice. This is a sad commentary, since we know that there are many facets to drunk driving law, most of which the average person has no inkling.
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