Ocean County DWI Defense

October 4, 2013

New Jersey Municipal Courts See the Lion’s Share of DWI-DUI Cases

Nobody ever said that being arrested and charged with a DWI was going to be a pleasant experience. For most people, getting a drunk driving summons or being held in jail overnight to “dry out” can not only be an embarrassing experience, but it can also be rather frightening. This is especially true when one begins to consider the repercussions of such an encounter with the possibility of a conviction and any associated penalties; those fines, fees and statutory assessments can run in the thousands of dollars, which makes a drunken driving arrest potentially costly from a financial standpoint as well.

For the record, the state of New Jersey has for some time banned the legal practice of plea bargaining for those defendants who are facing charges of driving while intoxicated. This is generally the case, unless there is some serious legal issue at stake or if there is a major flaw in the prosecution’s case. Barring a genuine legal issue, judges are barred from entertaining any thought of a dismissal or even the downgrading of a drunk driving charge.

As professional DWI defense attorneys, we know that the secret to success in avoiding a conviction (or in winning a downgrade in a defendant’s charges) is identifying certain key issues that reduce the strength of the state’s arguments. This is where our firm’s unique DWI law training and trial experience can prove invaluable. At my firm, the attorneys who make up the Jonathan F. Marshall legal defense team have credentials that are, quite frankly, second to none.
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September 20, 2013

Ignition Interlocks: The Current Reality for Many Convicted New Jersey Drunken Driving Offenders

by Jonathan F. Marshall

It’s safe to say that most people who have more than a few decades under their belts may have seen and experienced quite a bit in their life so far. That said, it wouldn’t be a stretch to suggest that being arrested by a police officer for anything would be a relatively scary proposition for almost anyone, not the least an average law-abiding citizen. The last thing that anybody wants is to be branded as is a scofflaw, or worse, a criminal.

But being arrested for a DWI or drug DUI is exactly what thousands of Garden State residents experience every year in this state. Having been stopped for a traffic violation can rattle most any motorist, but to find oneself being placed in the back of a patrol car and taken to police headquarters for a breathalyzer test and possible drunken driving charges, well that can be a downright frightening experience.

Not only can a DWI-DUI arrest be unnerving, but having been charged and then facing the serious consequences of a drunk driving conviction the potentially expensive penalties that go along with a guilty verdict can weigh on a person. As New Jersey DWI defense lawyers, my colleagues and I truly understand what the average person is facing when that squad car door slams shut and the ride to police headquarters begins. Maybe you won’t be charged with driving while intoxicated, but many people are and those odds aren’t comforting.
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September 14, 2013

Driver Found Asleep at the Wheel in Ocean County Arrested for DWI and Drug Possession

by Jonathan F. Marshall

Impaired driving aside, being arrested for a drug possession charge is nothing to take lightly. Having marijuana, cocaine, meth, or any other type of narcotic or habit producing substance in one’s possession can lead to bad results. As Garden State criminal lawyers and drunken driving defense attorneys, we often see situations where a simple traffic offense may lead to a worse outcome.

The reality these days is how easily a case of simple drug possession in a motor vehicle, or even possession with intent to distribute can become a much more complicated situation with serious criminal penalties attached. As criminal defense attorneys, we understand how charges for cocaine, weed or other illegal substance has the potential to become bring with it enhanced penalty exposure, including jail time.

Taking into effect the numerous factors associated with cocaine possession, for instance, law enforcement agencies in the Garden State have been rather aggressive in pursuing and arresting individuals believed to be involved in this type of drug. New Jersey’s Drug Court was instituted to help those people who have an addiction problem, as opposed to those who may be in the drug “business.” In any case, being stopped on the roadside with illegal drugs in one’s possession is not desirable under any circumstances.
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August 29, 2013

New Jersey Drivers Should Expect Labor Day Weekend Featuring Enhanced DWI Police Patrols

by Jonathan F. Marshall

For those motorists who have already taken note of the increased number of municipal and state patrol officers plying the Garden State Parkway, highways and surface streets this summer, get ready for more of the same this coming holiday weekend. Police presence on New Jersey roadways this summer, as with most every past year, has been fairly obvious, if only because of the anti-DWI and DUI enforcement that comes with warmer weather and summertime revelers; but Labor Day will be especially active from the standpoint of drunk driving enforcement.

As DWI defense lawyers whose job it is to represent drivers accused of operating a motor vehicle while impaired by alcohol, refusing a breathalyzer test, or possessing a controlled dangerous substance (CDS) in their vehicle, the skilled attorneys at my law firm have the legal experience to help defendants get through a DWI case and on with their lives.

During the summer months, as well as various holidays throughout the year, police departments in many New Jersey towns and municipalities step up their drunken driving patrols, as well as conduct random sobriety checkpoints in areas well-known for DWI-related arrests and accidents. As with most of these anti-DWI campaigns, the “Drive Sober, or Get Pulled Over” anti-DWI campaign currently in effect entails increased police patrols (aka “saturation” patrols) and even some DUI roadblocks, all of which will probably net dozens of unsuspecting drivers who may or may not be legally intoxicated.
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August 25, 2013

Summer’s Not Over; Neither is the Opportunity for a Boating Under the Influence (BUI) Arrest

by Jonathan F. Marshall

Anyone who has been arrested for operating a motor vehicle while under the influence of alcohol or drugs will understand that it is not something one ever looks forward to. However, with the help of an experienced DWI defense attorney — one skilled in New Jersey drunk driving law and experienced in representing individuals in a courtroom — the most harrowing part of being the defendant in a DWI case may be alleviated to some extent.

At the Law Offices of Jonathan F. Marshall, our legal team offers decades of collective DWI, drug DUI, and criminal defense experience. Whether one is charged with driving while intoxicated by alcohol, impaired by prescription meds or illegal drugs, breath test refusal or any number of drunk driving-related offenses, our lawyers are ready to help.

One thing that most drivers don’t necessarily understand is that BWI, otherwise referred to as “boating under the influence” or BUI, carries with it similar penalties to the automotive equivalent, DUI or DWI. Our familiarity with New Jersey DUI/DWI law allows us to represent both drivers and boaters who have been accused of operating their vehicles while allegedly intoxicated by alcohol, doctor-prescribed medications or illicit drugs (sometimes called controlled dangerous substances, or CDS).
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August 22, 2013

Ocean County DWI Update: Could Rise in Fatal Traffic Accidents Influence Anti-Drunken Driving Enforcement

by Jonathan F. Marshall

For those who may wonder why traffic enforcement seems higher in certain parts of the Garden State than others, the answer may be reflected in the simple statistics associated with drunk driving-related roadway collisions, perhaps especially those associated with fatal DWI crashes. According to a news article we recently ran across, Ocean County, NJ, ranks close to the top of all New Jersey counties in terms of deadly drunken driving accidents.

As New Jersey drunk driving defense lawyers, we are all too aware of the frequency of DWI and drug DUI arrests across our state. And although our job is to represent those individuals who have been accused of driving while under the influence of beer, wine, hard liquor, prescription and illegal drugs, we understand the dangers of driving while impaired by alcohol or controlled dangerous substances (CDS).

The report that we saw earlier this summer noted that the roads over in Ocean County have consistently seen some of the worst car accidents for almost any area in the Garden State. Because of this dubious distinction, county officials have reportedly been striving to remedy what the statistics seem to indicate. For example, through the first week of June, county accident data showed that 29 total fatalities had been recorded since the beginning of 2013.
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August 14, 2013

Ocean County DWI News: New Jersey Police Focus on Drunk Drivers in Coming Weeks

by Jonathan F. Marshall

It is not uncommon for the New Jersey State Police, as well as local and municipal police departments, to carry out some rather heavy anti-drunk driving mobile patrols at various times during the year. If you are from New Jersey or find yourself driving through the Garden State on a fairly regular basis, you likely have noticed this kind of DWI enforcement presence from time to time.

As New Jersey drunken driving defense attorneys, we are in a position to provide legal services to those motorists who have been accused of operating their car, truck or motorcycle in violation of state laws pertaining to driving while intoxicated or operating a motor vehicle while under the influence of a controlled dangerous substance (CDS). Fortunately, here in the Garden State, DWI offenses have yet to be criminalized.
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August 4, 2013

Beware the Defective Equipment Traffic Stop: Saving a Few Dollars Now Could Cost Thousands Later On

by Jonathan F. Marshall

How many times have you seen a driver ahead of you in traffic with a burned-out taillight? While it may seem insignificant to some, a simple $10 light bulb could cause big trouble down the road. Never mind the accident potential of a non-working brake lamp or a faulty turn signal, just consider the cost of a defective equipment ticket. Oh, you say, a couple hundred bucks or so, I’m too busy. And, really, what are the odds? Well, in our experience, the odds are pretty good that something may happen before that bulb gets replaced.

But what if a driver, who happens to have avoided fixing that turn signal or brake light bulb, finds out the hard way that he just maybe had a little too much to drink with his buddies at the bar? That burned-out bulb is now one big red flag for a municipal patrolman or state trooper. Unfortunately, by the time this scenario plays out, the cost of that little bulb may have gone up quite a bit depending on the circumstances. In any case, it’s safe to that driver will be into the state for more than the $10 or $20 it would have cost to fix that light in the first place.

As New Jersey drunken driving defense attorneys, we understand that human nature can get in the way of doing the right thing from time to time. We’ve represented numerous drivers over the years who may have indulged themselves a bit too much when they should have eased off. It’s difficult to know exactly how much alcohol is in one’s bloodstream or whether a person has consumed enough food at lunch or dinner offset the wine he or she drank.
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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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