Monmouth County DWI Defense

June 29, 2012

Monmouth County DWI Arrests, Underage Alcohol Possession Summonses and CDS Charges

As drunken driving defense attorneys, we’re not surprised at the number of DWI and drug DUI arrests that occur every week across the Garden State. In fact, as the state with arguably the highest population density in the nation, it would be difficult to imagine few if any traffic stops that resulted in a summons for driving while intoxicated.

As New Jersey DWI defense lawyers, I and my team of qualified drunk driving attorneys know the state’s DWI/DUI laws, as well as the potential for monetary penalties and even social stigma following a drunk driving conviction. As an example of the kinds of arrests that we tend to see week in and week out, the following collection of police reports is just a taste of the range of arrests for driving under the influence of alcohol, prescription drugs and even illegal substances, such as marijuana and cocaine.

Car Crash in Little Silver Nets Driver a DWI
According to an item in the news, the driver of a sport utility vehicle hit a Monmouth County light pole late on a Friday afternoon. Police reports indicate that the 41-year-old driver was heading northbound on Branch Ave. when his vehicle veered across the centerline, hitting the utility pole on the southbound side of the roadway.
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June 20, 2012

Monmouth County Traffic Accidents Nets Two Drivers DWI Charges in Rumson, NJ

by Jonathan F. Marshall

Being caught driving drunk on a Garden State roadway is embarrassing enough without being involved in a fender-bender while intoxicated. We said more than a few times in this forum that compounding a DWI arrest with a traffic accident, not to mention an injury-related crash, only complicates one’s drunken driving defense. Naturally, if a driver has any desires to avoid the stiff penalties that come with a DWI or drug DUI conviction, it is a wise choice to consult with a qualified drunk driving defense attorney in advance of one’s appearance in court.

Having represented our share of motorists accused of driving under the influence of alcohol, prescription medications and even controlled substances such as cocaine and marijuana, I and my colleagues understand the law in this area very well. As a New Jersey DWI defense lawyer and former municipal prosecutor myself, I and my legal staff understand the strategies and tactics of state, county and local prosecutors when it comes to pursuing and securing a drink driving conviction.

As mentioned previously, adding a traffic accident to the list of charges related to a DWI arrest cannot help but complicate a driver’s defense. Property damage and bodily injury, whether the defendant’s or another party will not endear one to the court; law enforcement will have already weighed in on the issue with their list of violations, as well.
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March 20, 2012

Monmouth County, NJ, Driver Causes Accident; Same Man Arrested Hours Later for DWI

by Jonathan F. Marshall

If we’ve said it once, we’ve said it a thousand times: Driving while intoxicated is one thing, but causing an accident while impaired brings in a whole new set of complications when defending a charge of DWI or drug DUI. This makes complete sense, especially to those who have been arrested for causing a traffic accident while drunk behind the wheel.

As New Jersey drunken driving defense lawyers, I and my staff are prepared to see just about anything in terms of police arrests on Garden State roadways. As experienced drunk driving attorneys, we have represented many clients accused of drunk driving in Hudson, Ocean, Essex and Monmouth County, some of who have actually been accused of causing a DWI-related auto accident.

One thing we don’t usually see is a person involved in a traffic wreck going home and then getting arrested for being drunk later in the day. It sounds hard to believe, or maybe it’s not. But according to recent news reports, this actually happened to one man from Monmouth County.
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March 16, 2012

DUI Enforcement Update: NJ Sobriety Checkpoints Going Up Tonight, Anticipating St. Patrick’s Day Celebrants

by Jonathan F. Marshall

As drunken driving defense attorneys representing New Jersey residents and other drivers accused of DWI or drug-related impaired driving (drug DUI), I and my legal team have more than 100 years of collective experience in defending individuals charged with operating a motor vehicle under the influence of alcohol or a controlled dangerous substance (CDS).

As motorists ourselves, we are pleased to know that state police and local municipal law enforcement personnel are working hard to keep our roadways safe from all manner of traffic hazards and other dangers. And while we commend the law enforcement community for making our streets and highways safer, we can’t help but wonder whether the money spent and the efforts made are not sometimes directed toward innocent motorists are become the focus of drunk driving patrols and sobriety checkpoints for no other reason than a possibly minor traffic infraction.

As a former municipal prosecuting attorney, and now as a drunk driving defense lawyer, I know that from time to time there do occur unjustified drunken driving arrests. From my extensive experience, I do know that a percentage of DWI charges do not, in fact, hold up in court. For this reason, I am committed to representing individuals accused of DWI, drug DWI and breath-test refusal in Middlesex, Hudson, Ocean and Atlantic Counties.
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March 9, 2012

DWI Roadblock Update: Drunken Driving Sobriety Checkpoint Scheduled for Middletown, NJ, Tonight

by Jonathan F. Marshall

Here in New Jersey, most drivers are probably familiar with the increased presence of police on patrol during certain times of the year, such as New Year’s Eve, St. Patrick’s Day, 4th of July, Memorial Day and Labor Day. During these times, it’s not unusual to have a spike in drunken driving arrests, although one can speculate on whether the increase in DWI arrests are due to a much high incidence of drunken driving, or that the added patrols catch a requisite increased number of impaired drivers.

In any case, the saturation patrols that happen from time to time during the year — over holiday weekends and other peak drinking and driving periods — are well known throughout the Garden State, especially by those who have been stopped on the road following attendance at a family reunion, office party or friendly get-togethers where beer, wine and hard liquor are typically served.

As New Jersey DWI and drug DUI defense lawyers, I and my colleagues know how easy it can be for a driver to be pulled over for a seemingly minor traffic offense, yet find him or herself under arrest a short time later for driving while intoxicated. (A smaller percentage of individuals can sometimes find themselves on the receiving end of a drug DUI or marijuana possession summons as well, but that’s a different topic altogether.)
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November 23, 2011

Monmouth County DWI Update: Thanksgiving Holiday Sees Rise in Drunken Driving Arrests for New Jersey Motorists

by Jonathan F. Marshall

While the warm weather months are definitely behind us, New Jersey State Police and local law enforcement agencies note that parties and friendly get-togethers during the holidays also bring out the drinker in many drivers. As nearly anyone who drives in the Garden State understands, drunken driving enforcement never really lets up, especially during the peak holiday season.

As DWI defense lawyers serving residents of Bergen, Middlesex, Atlantic and other counties across the state, we are well versed in the tactics and strategies used by state and municipal police officers to secure the arrest of suspected drunk drivers. In fact, anyone who knowingly operates a motor vehicle while under the influence of alcohol or, for that matter, prescription medication, should realize that the odds of being arrested for DWI or drug DUI can be quite high.

If a police officer witnesses a traffic violation, he or she will usually make a routine traffic stop based on that initial offense, minor as it may seem to the average driver. Once stopped, a motorist will be closely observed for signs of impairment, usually due to consumption of beer, wine or hard liquor. If the patrolman has a reasonable suspicion that the driver of a car, truck or motorcycle is inebriated an arrest is more or less forthcoming.
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November 2, 2011

Monmouth County Drunk Driving News: Teens’ Car Strikes Police Car at DWI Checkpoint, Officer Injured

by Jonathan F. Marshall

There are always a few things that you don’t want to happen when it comes to driving drunk here in the Garden State. First, underage drinking (and even underage possession of alcohol) should be avoided since it can affect a youngster’s future without him or her even knowing it. Second, if one is bound and determined to operate a motor vehicle while under the influence of alcohol or prescription medication (drug DUI), don’t hit a police patrol car or injure an officer while you’re at it.

As New Jersey DWI defense lawyers, I and my staff of experienced drunken driving attorneys understand that kids experiment with all manner of things and activities. Some are harmless, some simply embarrassing; but drinking and driving as a minor can put a real dent in one’s future. Of course, teenagers are not always receptive to this message, so it really goes out to all the parents.

This warning applies to families all across the state. Whether you live in Atlantic, Sussex, Ocean or Passaic County, DWI and drug DUI can be costly, not only financially but in terms of being potentially damaging to one’s social standing and career prospects as well. For teens, an arrest for DWI or drug DUI can affect individuals in their adult years as well, which makes it advisable to contact a qualified drunk driving defense attorney to better understand the charges against your underage son or daughter.

Earlier this month, two teenagers ended up in trouble at one of the many roadside DWI checkpoints that appear from time to time across the state. This one, in Monmouth County, was about to go into operation by the Holmdel police. According to news reports, police were setting up the roadblock when the incident occurred just before midnight.
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October 30, 2011

Garden State DUI News: Monmouth County, NJ, Police Blotter Shows Drunk Driving Arrests in Middletown

by Jonathan F. Marshall

All across the Garden State in counties such as Passaic, Bergen, Ocean and Union, numerous individuals are pulled over for traffic infractions while traveling on highways and surface streets. Many of these drivers are subsequently arrested on suspicion of driving under the influence of alcohol, and sometimes prescription meds or even illicit drugs (drug DUI).

Whatever the circumstances, it’s a fair bet that many of these people never imagined that they would be arrested or even charged with a DWI or DUI prior to being pulled over by the police. As New Jersey drunken driving defense lawyers, I and my colleagues can say with relative certainty that a percentage of motorists accused of DWI did not deserve to be arrested or served with a summons. Because of this, anyone who is charged with driving while intoxicated or otherwise impaired due to prescribed drugs or other substances, such as cocaine or marijuana, should consult with a qualified DWI attorney.

The following news items, pulled from the local Middletown, NJ, police blotter, represent the typical kinds of DWI and drug DUI arrests that occur every week in New Jersey. Although the location and specifics of each police arrest may change, the resulting fees, fines and penalties following a drunk driving conviction can be rather harsh, as can the reaction of one’s friends, relatives and business associates; all the more reason to fight a DWI charge whenever possible.
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October 24, 2011

Monmouth County Drug DUI Update: New Jersey Drivers Arrested for Marijuana Possession — Part 2

by Jonathan F. Marshall

As we mentioned a while back, it’s relatively easy to get pulled over for a traffic-related offense here in New Jersey. In fact, something as minor as not making a complete stop at a controlled intersection, or not signaling a turn properly can result in a traffic stop. But it’s after this initial police stop that can get a motorist in really hot water — that is, receiving a summons for drinking and driving.

It makes little difference whether one is stopped for a non-working brake light or cracked windshield, if you live in Hudson, Ocean, Bergen or any of the other counties throughout the Garden State, chances are you will at one time or another be pulled over for some type of traffic infraction.

Once a patrolman has stopped a motor vehicle, the driver may be interviewed as to the reason for the offense. If the police officer detects alcohol or drug use, a whole other line of questions may ensue, which may or may not lead to an arrest for DWI or drug DUI. A percentage of traffic stops may result in some kind of marijuana-related charge, depending on the circumstances.

Not surprisingly, cannabis (or weed) is one of the more common illegal substances encountered by law enforcement officers patrolling this state’s highways. Similar in nature to a drunken driving traffic stop, being pulled over and subsequently charged with a (marijuana-related) drug DUI, or simply possession of a controlled dangerous substance (CDS) like cannabis, is more common than many people may realize.
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October 21, 2011

NJ Drunken Driving News: Ocean County Motorist Charged with DWI in Fatal Garden State Pkwy Crash

by Jonathan F. Marshall

Fighting a drunken driving charge is serious business and should never be taken lightly. Guilty or innocent, anyone who has been charged with DWI or drug DUI (usually because of alleged impairment due to prescription medication) needs to understand that the financial and social implications of a drunk driving conviction can have long-term effects on an individual and his or her family.

Too many times, a defendant has stepped into a New Jersey courtroom without the aid of an experienced legal professional only to lose his case and be hit with heavy DWI-related fines and penalties. As New Jersey DWI and DUI defense lawyers, I and my staff know the ins and outs of the state’s legal system, and drunken driving law in particular. As a former municipal prosecutor myself, I have first-hand experience from the other side of the aisle regarding the methods and tactics of the state’s legal representatives.

As a cautionary note coming from one who knows the potential pitfalls of a poorly executed DWI defense, the last thing a defendant wants to have, in addition to an actual DWI arrest, is charges related to a fatal car crash allegedly occurring as a result of being impaired while operating a motor vehicle. Serious consequences can result from a conviction for negligent driving, vehicular assault, or manslaughter by motor vehicle.

According to news reports, an Ocean County, NJ, resident was recently indicted on the charge of vehicular homicide, as well as numerous other charges following a fatal car crash on the Garden State Parkway in Monmouth County last April. Based on police reports, 20-year-old Eric Pereira was allegedly intoxicated while using a cellphone and exceeding the posted speed limit when his vehicle rear-ended a van, which fatally injured a 43-year-old Middletown man.

Based on a joint investigation carried out by the NJ State Police and the Monmouth Co. Prosecutor’s Office, the April 2 crash occurred around 11am as Pereira was headed south in the local lanes of the Parkway at what police describe as a “high rate of speed.” According to reports, Pereira’s vehicle hit the victim’s van from behind, causing that vehicle to hit a nearby guardrail, flip over and slide into the Parkway’s express lanes.
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