Monmouth County DWI Defense

May 5, 2013

New Jersey Motorist Arrested for Drunk Driving After Fleeing Scene of Monmouth County Traffic Accident

In this modern age of inter-linked electronic databases, public safety and private surveillance cameras, as well as those not-so-modern two-way radios and walky-talkies it still amazes us that some individuals feel they can avoid being caught by the police following a civil or criminal incident simply by leaving the scene of an accident or other event. As recent tragic events here on the East Coast have illustrated, no matter who you are or what you may have done, there is little chance of escaping the long arm of the law.

Of course, as New Jersey criminal and civil trial attorneys whose job it is to represent people accused of a wide range of offenses — even relatively minor ones such as drunken driving or marijuana possession — we are well aware that the law is designed to protect innocent people from unjust arrest or erroneous accusations. The fact of the matter is that here in the United States, our system of law is predicated on the understanding that anyone accused of an offense is considered innocent until proven guilty in a court of law.

As drunk driving defense lawyers assisting motorists here in the Garden State, we stand by the rights provided by the U.S. Constitution and we use these laws and those of the State of New Jersey to defend drivers charged with driving while intoxicated, operating a motor vehicle while impaired by prescription medications or other, possibly illegal drugs; not to mention breath test refusal and other alcohol-related violations.
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April 21, 2013

Police Blotter: DWI, CDS and Underage Possession of Alcohol Arrests in Kenilworth, Montclair and Middletown

by Jonathan F. Marshall

With one of the most densely populated states in the Union, New Jersey sees more than its fair share of drunken driving, drug DUI and underage DWI arrests every week. Most of the people who are stopped by a state patrolman, municipal cop or county police officer are understandably nervous over the episode, especially if it is their first traffic stop or if they are accused of driving while intoxicated. One thing that anyone caught in this type of a scenario is not to give up hope and remember that it is not a foregone conclusion that a DWI charge will automatically result in a drunk driving conviction and related penalties.

When choosing any attorney to help you defend yourself against a charge of driving under the influence, it is important to keep in mind that dozens of people face similar charges every week in this state. At the law offices of Jonathan F. Marshall, our experienced trial lawyers know DWI law and understand how state or local prosecutors approach these types of traffic offenses.

If there is one thing very common to those individuals accused of drunken driving, it would be the doubt as to whether or not it is worth the time, effort and cost of fighting a DWI summons, drug DUI charge, breath test refusal accusation or other alcohol or drug-related traffic offense. To this we must say, that there are numerous good reasons to take your case to court.
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April 11, 2013

Monmouth DWI-DUI Police Blotter: Numerous Middleton, NJ, Alcohol- and Drug-related Police Arrests

by Jonathan F. Marshall

As drunken driving defense attorneys representing motorists accused of DWI and drug DUI here in the Garden State, I and my large staff of skilled trial lawyers have more than 100 years of collective legal experience to bring to the fore. The Law Offices of Jonathan F. Marshall provides clients with knowledgeable representation in cases involving drunken driving, impairment by prescription drugs or an illegal controlled dangerous substance (CDS), breath test refusal, and other alcohol and drug-related charges.

We are extremely dedicated to representing motorists who have been accused of DWI, drug DUI, marijuana possession in a motor vehicle, as well as underage drinking and driving, among others. With our extensive experience in civil and criminal cases, we can offer clients statewide the services of qualified legal representation combined with skilled and informed drunken driving defense.

Especially here in New Jersey, where heavy DWI enforcement is a common sight and penalties for convicted drunk driving offenders can be very stiff, it is important to have a the best legal defense possible. Whether a person has been arrested for DWI following a routine traffic, at a sobriety checkpoint, or following an alcohol-related roadway accident, there is no good reason to enter a courtroom alone with only hope on one’s side.
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March 28, 2013

Monmouth County Traffic Wreck Results in Drunken Driving Charges for Eatontown, NJ, Driver

by Jonathan F. Marshall

It seems that every time one turns around in this state there is another DWI or DUI-related traffic accident reported on the web, in the papers or on the local news. As New Jersey drunken driving defense lawyers and motorists ourselves, we often advise our friends and colleagues never to get behind the wheel of an automobile with even a sip of liquor, beer or wine in one’s system.

Why such a strict statement? Because the laws in this state provide for fairly stiff penalties for those defendants who are convicted of drunken driving, even a first-time offense, and there is nothing that we have seen to suggest that driving while intoxicated is worth risking not only one’s hard earned money, but also life and limb. Regardless of where you live, be it Bergen, Passaic, Ocean or Monmouth County, being arrested for drunk driving or DUI associated with prescription drugs, the costs of a conviction are not worth taking a chance.

The other reason, though it isn’t even something that drivers should contemplate, is that once a motorist is driving on a public road with some alcohol in his or her bloodstream, being stopped for even the most innocuous or seemingly minor traffic offense, moving violation or vehicle infraction can open one up to close scrutiny by a state trooper or municipal cop.
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March 24, 2013

Middletown Police Arrest Two Drivers in Separate Drunken Driving-related Auto Accidents on Same Evening

by Jonathan F. Marshall

There are dozens of drunk driving cases tried every week here in the Garden State. What many of them have in common is that a motorist was suspected of driving while under the influence of alcohol or prescription drugs — sometimes even illegal substances, such as marijuana or cocaine — and was issued a summons for DWI or DUI by a New Jersey state police officer or a local patrolman after being stopped for some kind of traffic violation.

As New Jersey drunk driving defense attorneys, I and my colleagues have represented numerous individuals accused of drinking and driving, drug DUI or underage DWI. A smaller, but no less significant number of motorists may have been charged with operating a motor vehicle while intoxicated by beer, wine or hard liquor following a roadway accident. Whether or not it’s a DWI charge related to a serious injury accident, the fines and penalties for a drunken driving conviction are neither cheap nor relaxed here in Jersey.

It’s interesting to note how many first-time drunk driving offenders are otherwise law-abiding citizen who pay their taxes and obey the law. To this point, most drivers arrested for a first-time DWI or DUI can be surprised to find out that they are accused of being legally drunk or impaired at the time of the incident. As New Jersey DWI trial lawyers, we represented dozens of drivers monthly. But one of the things that can complicate a DWI defense is certainly the inclusion of a reckless driving charge associated with a traffic accident.
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March 17, 2013

Consider a Sober Ride Home this St. Paddy’s Day to Avoid Potential DWI Charges

by Jonathan F. Marshall

Well, it’s St. Patrick’s Day, again; and what better time to remind all those planning to enjoy their green beer and Irish whiskey to be sure they also have a sober ride home following the revelry. The fact is, at least here in the Garden State, no good time goes unpunished. With the continuing battle against drunk driving, you can be sure that the state patrol, as well as county and local police agencies will have their officers plying the roadways and looking for drivers who can’t seem to follow our state’s traffic laws.

We say this because, as New Jersey drunken driving defense attorneys, we know that the law does not allow a police officer to stop a motorist solely on the hunch that he or she may be intoxicated. A hunch is not a legitimate reason to stop a motorist, regardless of whether or not that a driver is inebriated or otherwise impaired by alcohol or some other substance. Even if a motorist is under the influence of beer, wine, hard liquor, doctor-prescribed meds or illicit drugs, such as marijuana or cocaine, a patrolman can only stop a vehicle if he has observed a traffic offense or some other type of motor vehicle violation.

Naturally, it doesn’t take much to initiate a traffic stop. Drifting into another lane, however briefly, could trigger a traffic stop, was can exceeding the speed limit or making an illegal turn. Whatever the situation, if a driver has been drinking prior to the traffic stop, there could be a DWI arrest waiting for him just around the corner. And if charged and subsequently convicted, there could be hundreds or thousands of dollars in fines, court fees and statutory penalties. As we said, it’s best not to tempt fate on this favorite of Irish holidays and leave the driving to a teetotaler.
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March 14, 2013

Monmouth County Driver Assaults Police Following Drunken Driving Accident in Red Bank, NJ

by Jonathan F. Marshall

There are laws and there are laws. As most people know, driving under the influence (DUI) or driving while intoxicated (DWI) are terms used to describe a motor vehicle violation here in New Jersey. The details and language used to define drunk driving law are laid out in N.J.S. 39: 4-50. This includes a range of monetary fines and maximum jail time based on the defendant’s level of intoxication (as measure by blood-alcohol concentration, or BAC), as well as guidelines for license suspension, among others.

Aside from the obvious public safety concerns that driving while impaired by alcohol or drugs presents on the road, over the past several decades, drunken driving has become a much less socially acceptable activity. The negative affect that a drunk driving arrest can have on one’s career or social standing in the community, and even on personal relationships, has been growing as well. This is certainly reflected in the way in which law enforcement agencies conduct anti-drunk driving campaigns all through the year and especially during holidays.

As New Jersey DWI-DUI defense lawyers, we understand how average people can find themselves arrested for drunken driving for the first time without really having thought they were impaired when they got behind the wheel of their car, truck or SUV. But it does happen, and that is why we offer our services to help people fight for their rights under the law. Apart from advising everyone not to attempt to operate a motor vehicle after having any amount of alcohol is to not compound one’s troubles should you be unlucky enough to be stopped while possibly inebriated.
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February 16, 2013

Caught Driving Drunk in New Jersey? Find the Right Attorney to Defend Your Rights

by Jonathan F. Marshall

Over the many years that my legal firm has been helping motorists accused of drunken driving, I and my associates have been asked more than a few times, “Why do I need a DWI lawyer when I step into a courtroom on a charge of driving while intoxicated?” The simple answer would be, “Because you owe it to yourself to be fully prepared to face the prosecution, which will do its best to prove you guilty of DWI or drug DUI.” But this is only one basic reason.

It’s not a secret that drivers in the Garden State face a tough situation when they are stopped on the highway after having a drink or two. It’s a mistake to assume that heavy drinkers and so-called “party animals” are the only people to be arrested for drunken driving by state or local police. For many, a simple drive home after dinner with friends can sometimes lead to a traffic stop, possibly for some basic moving violation, only to escalate into a full-blown DWI arrest and a trip to police headquarters.

As drunk driving defense attorneys, I and my team of experienced trial lawyers are fully up to the task of representing individuals who have been accused of operating a motor vehicle while under the influence of liquor, beer, or doctor-prescribed medication. We know how scary a drunk driving arrest can be for normally law-abiding citizens. But the truly frightening thing about being arrested is that a conviction can result in serious and expensive consequences.
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August 26, 2012

Monmouth County Police Blotter: Multiple Underage Alcohol Possession and Drug-related Arrests, Plus Numerous DWIs

by Jonathan F. Marshall

With more than 600,000 residents, Monmouth County is one of the most populous counties in the Garden State, with Middletown Twp. being the largest community within the county. As New Jersey drunken driving defense lawyers, we don’t need census statistics to tell us that Monmouth has its share of drunk driving arrests, represented not only by residents themselves, but also by other motorists passing through or visiting bar, restaurants and other establishments that serve liquor and beer during the year.

One look at the news pages and one can immediately see the many and varied kinds of DWI and drug DUI police stops that occur all over the county on a fairly regular basis. Out in Middletown, municipal police and other state and county law enforcement officers are constantly arresting and charging drivers with an array of DWI-related offenses. Just a few are listed below, as object lessons of what can happen is one decides to drink and drive in this part of New Jersey.

Underage drinking and driving is one issue that the state is clearly opposed to, and our laws and legal statutes make that abundantly clear. However, teens and underage adults continue to push the envelope by pursuing the purchase and consumption of beer, wine and hard liquor. While sometimes provided all too readily by relatives, parents and older siblings, a charge of underage DWI or even possession can have a negative effect for that individual in the future.
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August 1, 2012

Monmouth County Drunken Drivng Arrests: Aberdeen Twp. Police Charge Multiple Drivers with DWI

by Jonathan F. Marshall

As any driver in the Garden State likely knows, the state police and local law enforcement officers are on a constant vigil, looking out for impaired motorists. And, while the law says a patrolman cannot pull a vehicle over simply on a hunch that the driver may be intoxicated by beer, wine, doctor-prescribed meds or even marijuana or cocaine, an officer can stop a motorist if he or she violates any one of a number of traffic laws. In the end, if a police officer sees a car being driving in an erratic manner and can justify the traffic stop with a moving violation, a drunken driving arrest may not be far away.

As mentioned previously, intoxicated or impaired driving can range from operating a motor vehicle while under the influence of alcohol, prescription medication or illicit drugs also known as controlled dangerous substances (CDS, for short). Although alcohol and prescription medications are not strictly illegal to consume or ingest, the law limits their use when operating a car, truck or other motor vehicle. In many cases, any impairment due to these substances while driving is grounds for arrest. Several steps later and one could find themselves on the receiving end of a DWI or drug DUI conviction.

As New Jersey drunk driving defense attorneys, I and my colleagues know that in a state as densely packed as ours that incidences of drunken driving, not to mention other traffic offenses, will most probably be higher than other locations. From this, it’s not surprising that Jersey drivers get more than their fair share of DWI arrests, summonses and convictions. This includes being charged with multiple DWI offenses and even something as seemingly minor (yet fully chargeable) as breath-test refusal.
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