Monmouth County DWI Defense

April 28, 2011

Monmouth County DWI Defense: Things to Consider Following a Drunk Driving Arrest in New Jersey

Whether you live or work in Ocean, Sussex, Bergen or Union County, it’s likely that nobody expects to be pulled over by police and arrested on charges of driving under the influence of alcohol. Here in Monmouth County, as in the rest of the Garden State, I and my staff of experienced DWI defense attorneys fully understand the anxiety and trepidation that follows a drunken driving or drug DUI police stop.

For first-time drunk driving arrestees, and even those picked up for driving under the influence of prescription medication or illicit drugs such as marijuana, the experience can be a shock. But more than that, not taking action and leaving one’s fate in the hands of the court is something that no one should allow to happen, if they can help it.

Of course, second and third-time offenders have a different set of circumstances to deal with, but in general, we always recommend that motorists consult with a qualified DWI lawyer. The reason is simple: being cited for impaired driving — whether allegedly due consumption of beer, wine or hard liquor; prescription pain medication or a controlled dangerous substance (CDS) — is nothing to be taken lightly.

Careers, marriages, and reputations have been ruined by drunken driving and DUI convictions. Of course, being arrested for driving while intoxicated can happen night or day. It usually, but not always, happens with a seemingly routine police stop for a supposedly minor traffic infraction — something as insignificant as a faulty taillamp. Other times it can come at the location of a drunk driving roadblock (also known as a sobriety checkpoint).

Regardless of the circumstances, once charged with a DWI one should as a matter of course contact a DWI-DUI defense attorney. My office has handled enough DWI cases and spoken with so many people charged with DWI or DUI that we know it’s not a wise idea to represent yourself in front of the court. Not only can the process of fighting a DWI arrest be confusing to the first-time defendant, there is no way that a layperson can come fully prepared to face the court – at least, not like one can with a qualified DWI defense lawyer at one’s side.
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April 12, 2011

NJ Drunken Driving Arrest? Here’s Why You Might Need a New Jersey DWI Defense Lawyer

by Jonathan F. Marshall

Have you or a family member been arrested for drunk driving here in Monmouth County, or anywhere else in the Garden State? Whether you live in Union, Atlantic or Morris County, you may be asking yourself, “Why should I even consider hiring a drunk driving defense attorney? And, is it really worth it now that I’ve been charged with DWI?”

Maybe you were stopped for a minor traffic infraction and the officer ended up arresting you for driving while intoxicated. Perhaps you received a summons at a local drunk driving roadblock after having performed a number of field sobriety tests. Or maybe you got a ticket for being intoxicated while sitting in your parked car.

Whatever the situation, you should ask yourself some important questions. For instance, were you actually drunk? Maybe yes, maybe no. Was being charged with drunken driving actually warranted under the circumstances? Perhaps yes, or then again, maybe not. As with most other aspects of the law, not all drunken driving cases are completely open and shut.

As New Jersey DWI defense attorneys, I and my colleagues have counseled numerous clients who felt that they were unjustly accused. Although some may have broken the law, these individuals also understood the consequences and potential penalties associated with a DWI conviction. Wanting to improve the outcome of one’s DWI case is not so unusual.

We don’t worry so much about the people who seek us out, but we do share a concern for those motorists who choose not to speak with a qualified drunken driving defense lawyer. Some individuals believe that they deserved to be pulled over, or because the police have “positive” proof — via a breathalyzer or Alcotest machine — that it would be senseless to try and fight the charges. But this kind of thinking is just wrong. Everyone who is accused of breaking the law deserves to have their case heard in a court of law.

One of the main things that causes individuals to believe the state has solid evidence against them is embodied in the blood-alcohol content (BAC) breath or blood test results. But even with this kind of evidence in the hands of a prosecuting attorney, you need to be aware that “blowing” more than 0.08 percent BAC does not automatically mean you will be convicted for DWI. Never assume that because the breathalyzer registered a high BAC that you’re out of luck.
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January 7, 2011

DWI Law Update: Not All Garden State DWI Arrests Lead to Convictions for Drunken Driving

by Jonathan F. Marshall

Whenever a driver is stopped by a local police officer or New Jersey state trooper for a traffic violation, even the most minor infraction, there exists the chance that the officer might end up arresting that individual for drunken driving, or issue a summons for DWI. While every situation is different — a motorist returning from a party at a friend’s house or coming home from an evening out with one’s spouse — it is possible that an officer may suspect that the driver is intoxicated by alcohol, or even prescription medication or illegal drugs.

As a New Jersey drunk driving defense lawyer, I understand how the procedure by which a patrolman stops a motor vehicle possible driven in an erratic fashion, observes the driver for telltale signs of intoxication, then evaluates that individual to determine if there is reason to believe that he or she is impaired due to alcohol consumption or use of a narcotic substance (sometimes referred to as drug DUI).

It makes little difference whether you live or work in Ocean, Passaic or Mercer County, the chances of being arrested for DWI or prescription drug DUI is ever present. But if you are pulled over and subsequently arrested or issued a summons for drunken driving, are you predestined to being convicted of driving while intoxicated? The answer is to that question depends on multiple factors.

As professional New Jersey DWI defense attorneys, I and my staff approach every case with many years of drunk driving litigation under our belts. As a former municipal prosecutor myself, I understand when it is proper to petition the court to dismiss the charges against a motorist, or at least reduce the state’s DWI charges to better match the individual circumstances surrounding the arrest.

Having tried drunk driving cases as a prosecutor, I’m familiar with the strategies used by the state’s representatives. Because of this, I always suggest to people who face drunk driving charges to carefully consider whether or not they wish to go into court without an experienced attorney at their side. A DWI lawyer can prove to be a great benefit, especially for those individuals facing stiff penalties for a first-time drunken driving or DUI arrest.
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December 26, 2010

Multiple Convictions for Drunk Driving Can Make a New Jersey Driver’s Life More Difficult

by Jonathan F. Marshall

As Bergen, Ocean and Monmouth County attorneys who represent motorists accused of driving under the influence (DUI) of alcohol or prescription drugs, we can heartily say that there are potentially harsh consequences for individuals convicted of multiple times for drunken driving or operating a motor vehicle while under the influence of prescription medicine or even illegal substances, such as marijuana and cocaine.

There is a strong argument for mounting a compelling defense for first-time DWI and DUI charges, if only because subsequent arrests and convictions present an even more costly and potentially life-altering consequences. Even so, second- and third-time offenders may still ask themselves the question, “Why do I need a drunk driving lawyer?”

When it comes to multiple convictions for driving while intoxicated, the impact on one’s lifestyle and relationships may be greatly affected. It’s no secret that second, third and subsequent DWI convictions can result in far more serious consequences than that of one’s first-time offense.

December 16, 2010

Monmouth County, NJ, Drunk Driving News: Multiple New Jersey DWI and Drug DUI Arrests

by Jonathan F. Marshall

Drunken driving arrests happen daily in New Jersey. As Monmouth, Atlantic andMiddlesex County DWI lawyers, I and my staff have the skills and experience to represent those individuals accused of driving under the influence of alcohol, prescription medication and even illegal drugs such as marijuana. The following list of intoxicate driving arrests and other DUI offenses are a sampling of the situations in which many New Jersey motorists find themselves from time to time.

Holmdel
A 22-year-old out-of-state driver was reportedly stopped on Telegraph Hill Road for driving while intoxicated. A police patrol apparently noticed the man’s vehicle being driven in a possibly erratic manner, after which the driver was pulled over. He was arrested for DWI and taken to police headquarters for processing. The man was later released pending a court appearance.

On that same day, a 24-year-old motorist was pulled over along a stretch of Rte. 35 by a police officer and was subsequently arrested for driving under the influence. The man was later taken to headquarters, processed and released pending a future court appearance.

Three young people, two men and a woman under the age of 21, were arrested by police for underage possession of alcohol. The trio from Brick, Point Pleasant and Point Pleasant Beach were all taken to police headquarters for processing before being released. Each of the three will have to return for a court appearance.

Belmar
Police made a DWI arrest on Main St. in Belmar when they apparently spotted car being driven erratically. The 42-year-old driver, who reportedly resisted arrest, was charged with driving while intoxicated, aggravated assault and obstructing justice.

Wall
Route 35 has been the scene of more than a few DWI arrests. According to reports, an 18-year-old Wall Twp. Man was stopped by police near New Bedford Rd. and charged with driving while under the influence of alcohol. In another unrelated instance, a 26-year-old Seaside Heights resident was stopped by patrolmen near Church Road and arrested for intoxicated driving.

Around the same time, a 31-year-old Belmar man was arrested by police in the vicinity of 16th Ave. and Maplewood Rd. and subsequently charged with possession of less than 50 grams of marijuana.
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December 12, 2010

Intoxicated Drivers Warned about New Jersey’s Plans for Holiday DWI Crackdown

by Jonathan F. Marshall

In-state and out-of-state drunken drivers take note, the State of New Jersey will have an increased police presence on public roads throughout the Garden State as the holidays approach. According to news articles, local and state law enforcement departments in Bergen, Passaic and Ocean County, as well as the rest of the state, will be on the lookout for drivers operating their vehicles while intoxicated.

As New Jersey drunk driving defense attorneys, I and my legal staff represent individuals accused of DWI, prescription drug DUI and breath test refusal on a daily basis. We even council drivers charged with cocaine, and other controlled dangerous substance (CDS) possession. This latest enforcement program, aptly named “Over the Limit, Under Arrest,” will bring additional officers to bear on the motoring public during the upcoming holidays.

Aiming to reduce the amount of drunk drivers on the road, the campaign calls for saturation patrols and sobriety checkpoints (also known as DWI roadblocks) from December 13 through January 2, 2011, according to officials at New Jersey’s Division of Highway Traffic Safety. The program reportedly will provide federal grant money of up to $5,000 to each of 115 police departments.

October 13, 2010

New Jersey DWI News: Monmouth County Cop Accused of Assault and Tampering with a Witness

by Jonathan F. Marshall

As a former municipal prosecutor and New Jersey drunken driving defense lawyer, I certainly respect the law enforcement professionals who ensure the public’s safety on our roadways and everywhere else across the Garden State. And while I praise the efforts of police in bringing criminals to justice, I fully expect those same officers to carry themselves with dignity and honor at all times.

What I cannot abide is when a public servant who is sworn to uphold the laws of our state flaunts those laws or otherwise diminishes his office by breaking the very law he has promised to maintain. Drunk driving is one area of the law in which my office is very experienced. Recently a patrolman in the Little Silver, NJ, was charged with several serious offenses including assault and attempting to tamper with a witness.

Part of this officer’s job, when he was active on the force was to arrest motorists for driving while intoxicated. Any time an officer is charged with breaking the law, people start to wonder about the validity of previous arrests made by that individual, in this case arrests made against drivers who were believed to be driving under the influence of alcohol.

According to news articles, a grand jury had recently made an 11-count indictment against the veteran patrolman due to charges he assaulted a defendant and then asking a witness to lie or withhold information about the incident. The indictment included four counts of official misconduct, two each for obstruction of justice, aggravated assault and hindering his own apprehension, and one related to witness tampering.

An investigation was begun by the Monmouth County prosecutor and the Little Silver police after officials learned of an allegation that the officer used excessive force while on patrol.

The officer, who was well known for his work in catching and arresting drunk drivers, was initially suspended with pay. However, as soon as charges were filed last January, he was suspended without pay from his job.
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August 27, 2010

New Jersey DWI Alert: Drunk Driving Enforcement Increases around NJ for Labor Day Holiday

by Jonathan F. Marshall

With the coming holiday weekend police agencies around the Garden State will be on a heightened alert for partiers and other people driving while intoxicated between picnics and family gatherings. Regardless of the bad economy, drunken driving arrests and summonses are certain to increase in the next couple weeks.

As a New Jersey DWI defense attorney and drunk driver lawyer, my job is to help motorists who have been arrested by state police, municipal patrolmen and other law enforcement personnel for DWI and drug DUI traffic offenses. Many of these arrests occur at so-called sobriety checkpoints, which are frequently set up throughout the New Jersey area.

As part of the upcoming drunk driving enforcement campaign, known as “Over the Limit, Under Arrest,” police units have taken to the streets in an effort to cut the instances of driving while under the influence of alcohol or prescription drugs.

May 12, 2010

NJ DWI News: Will New Law Increase Police Focus on Young Drivers, Drunk or Otherwise?

by Jonathan F. Marshall

A recently passed law requires drivers under the age of 21 to place a red sticker on their vehicle’s license plates. While the intent of the law appears to be a good-hearted attempt at traffic safety, as a New Jersey DWI defense attorney I tend to side with those claiming the $4 sticker will only invite unwarranted scrutiny and potential discrimination against a segment of the driving public.

When it comes to drunk driving enforcement, New Jersey State Police and municipal police officers are always on the lookout for motorists who may be operating their vehicles while impaired due to alcohol, prescription drugs or controlled dangerous substances (CDS). Young drivers who exhibit traffic behavior suggesting inebriation could quite possibly by singled out due to that red mark on their license plate.

According to an editorial, the new law that took effect on May 1 will must likely lead to discrimination against young drivers which probably wouldn’t happen without a red dot. According to the author, New Jersey is one of the top ten safest states for teenage drivers. Referring to the 2001 law that established a curfew for teenagers and significantly decreased the teen driver accident rates, the editorial asks if there is any good reason to put another law into effect.

April 20, 2010

New Jersey Drunk Driving News: Driver Flips Vehicle in Monmouth County Drunk Driving Crash

by Jonathan F. Marshall

While there are a variety of drunken driving charges, those involving vehicle accidents are more serious than simply being pulled over for a minor traffic violation and then issued a summons for DWI. As a New Jersey drunk driving defense lawyer, I and my colleagues have represented hundreds of motorists charged with driving while under the influence of alcohol or prescription drugs.

Some of these people were involved in serious accidents, while others were simply going about their business when they were stopped by a police office on suspicion of driving while intoxicated, or just a normal traffic violation that ended up turning into a full-blown DWI or drug DUI charge.

A smaller percentage of drivers are arrested for operating a vehicle while impaired by alcohol or a controlled and dangerous substance (CDS) as a result of a fatal traffic accident. As a DWI defense lawyer practicing throughout the Garden State, I will say that the most serious cases involve fatal wrecks or very serious injury accidents.