Articles Posted in Ocean County DWI Defense

As Garden State DWI defense attorneys, my aim and that of my team of skilled trial lawyers is to provide legal assistance to motorists who are unjustly accused of driving under the influence of beer, wine, hard liquor, doctor-prescribed medications or even illicit drugs. Whether the charge is simple in-car possession of a controlled dangerous substance (CDS), such as meth, weed or coke, of if the evidence suggests that a driver was illegally operating his or her automobile while impaired by alcohol, we are trained professionals who have many decades of collective experience in this area of the law.

Although it can be argued that the police have a much different take on driving while intoxicated, we understand that errors in judgment do happen from time to time, and not every drunken driving charge will be easily disproved, if at all. In the same way, however, it could be said that along with the extremely large volume of drunk driving arrests and subsequent court cases, that there will inevitably be injustices waiting to happen based on bad evidence or poor procedures on police department’s part.

We see all manner of drunk driving cases moving through our court system, in a variety of courtrooms throughout the Garden State. While New Jersey is not unique when it comes to the variety of DWI scenarios, we always find it interesting to review the different approaches that many motorists use to get themselves in trouble with local and state police. Here are just a few examples from Ocean County, NJ.
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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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Each week there are always more motorists who become acquainted with local and state police officers in ways they likely never expected. As drunk driving trial attorneys, the experienced attorneys at the law offices of Jonathan F. Marshall understand how unexpected and traumatizing being arrested for intoxicated driving can be to many people. For this reason alone, not to mention the legal aspects of many DWI-DUI cases, the accused may want to discuss their situation with a qualified legal professional.

Since my staff has been involved in more courtroom hearings in a week than the average person might experience in their entire lifetime, it’s never a bad idea to take the time to consult with a specialist in the area of drunk driving law. Surprisingly, many DWI and drug DUI arrests start out in a relatively innocent manner; by a driver failing to signal a lane change or having a lapsed vehicle registration. But by the end of the traffic stop, many drivers may find that themselves sitting at police headquarters and blowing into a breathalyzer machine, such as the Alcotest device.
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The warm weather is fast upon us these days and that can only mean one thing to the nautically-minded among us: It’s boating season in the Garden State. Up and down the Jersey Shore and throughout the state’s inland waterways we will be seeing more and more small craft heading out from dock in the coming weeks.

As New Jersey drunk driving defense lawyers, we do know that just as we landlubbers must concern ourselves with an increase in the number of anti-DWI police patrols and sobriety roadblocks during the warmer months, boaters must also consider that drinking and boating is as much out of vogue as that of the automotive set. Quite frankly, boating under the influence (BUI) or alcohol or prescription drugs (drug DUI) carries with it similar and just as costly penalties as DWI does on land.

This is not without justification, though many people who ply the waters in and around Jersey may find it hard to believe that piloting a boat while slightly tipsy could be as dangerous as driving drunk on a busy freeway; but the state of New Jersey takes safety on our waterways very seriously, and hence the penalties for BUI are just as heavy as for motorists.
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In a couple of weeks we’ll be heading into not just another big holiday weekend, but the traditional start of the summer. The Memorial Day weekend is one those national holidays that brings out the crowds to many popular venues throughout the Garden State. With the reopening of large portions of the Jersey Shore following the devastation that was Hurricane Sandy, no doubt many people will be celebrating.

But as we in the legal profession know — especially firms like ours that defend individuals charged with drunken driving — the holidays are also a time when state police and local law enforcement professionals amp up their anti-DWI road patrols and roadside sobriety checkpoints. This why areas throughout the state will likely have enhanced drunk driving enforcement in place as Memorial Day draws closer, with campaigns like the “Click It or Ticket,” and other DWI-DUI awareness efforts.

As skilled New Jersey DWI defense lawyers, we know that even for a first-time drunken driving offense it is better to fight than knuckle under and plead guilty. The reason is that even a one-time DWI conviction can result in some stiff fines and other penalties. This doesn’t even factor in the effect that an earlier conviction will have should a driver find himself charged again with DWI within a short period of time.
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We’ve said it here many times in the past, but as usual it bears repeating: Never make your situation worse by running from the police or trying to evade a patrol car. The time is long past, if indeed there ever was a “time,” when a driver could pull some Hollywood-esque or “Dukes of Hazard” end-run on a local cop and end up avoiding a drunken driving arrest. First and foremost, as they say, nobody can outrun a radio. Secondly, every police officer has a radio, not to mention fellow officers plying nearby streets and highways, ready and willing to catch an evading motorist.

Besides the fact that there are strict evasion statutes on the books, being intoxicated and running from the police is basically foolhardy. As New Jersey DWI defense lawyers and motorists ourselves, the last thing we would want is to have a drunken driving suspect speeding around on city streets trying to beat the law in a road race. This kind of action on the part of a DWI suspect can only work against him in the courtroom later on. We also do not espouse lying to the police when they obviously have the upper hand.

Being inebriated leaves most people in a decidedly disadvantageous position; not only can their driving skills be severely compromised, but once stopped by a patrolman for a traffic infraction it can be a tough sell if one intentionally tries to mislead an officer. This goes beyond simple dodging of questions. Some motorists have been known to play games with a patrolman verbally, or even physically attempt to resist arrest or obstruct justice. Quite simply, it’s just not worth it.
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Now that spring is here, on the calendar at least, it may be time to start thinking about warmer weather and a new warm-weather driving season. Of course, and inevitably, the warmer months mean celebrations, such as graduations and family vacations, among others. Here in the Garden State, spring and summer can unfortunately bring a flurry of drunken driving arrests when those individuals who imbibe a bit too much at family outings, company picnics and other celebratory get-togethers slide behind the wheel and venture onto New jersey roadways.

As experienced DWI defense attorneys, the lawyers at the Law Offices of Jonathan F. Marshall understand how a pleasant afternoon or evening with friends and acquaintances can degenerate into a miserable trip to the local police department in the back of a squad car. Drinking and driving may be a common occurrence on our surface streets and highways, but state police and municipal law enforcement agencies in no way accept DWI offenders as just another part of the scenery.

When the temperatures warm up, one can be sure that mobile patrols and random sobriety checkpoints will be another common part of the local landscape. Our point here is, while being pulled over for driving under the influence may not be unusual during most of the year, getting a summons for DWI, drug DUI or breathalyzer refusal can be rather predictable; all it takes is a drink or two and a minor traffic infraction and the roller coaster ride will begin.
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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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For anyone who has not been arrested by police for drunken driving and charged with DWI or drug DUI, we would suggest that for most people it can be an embarrassing, belittling and potentially costly experience. For many motorists, just being pulled over by a state patrolman or a local municipal police officer can be a nerve-racking encounter. Being nervous can have its own drawbacks when a police officer is already convinced that a driver may have been drinking before getting behind the wheel of his or her automobile.

We understand how a normally law-abiding person, faced with a traffic stop and perhaps having had a drink or two earlier in the day might appear a little bit off his game, especially in the presence of an authority figure like a New Jersey state trooper. As experienced DWI defense lawyers, I and my team of highly skilled trial attorneys are devoted to our job of representing individuals accused of operating a motor vehicle while intoxicated. This also goes for drivers charged with impairment by doctor-prescribed medications (drug DUI) and even those motorists accused of driving under the influence of illegal drugs or possessing a controlled dangerous substance (CDS) in an automobile.

For those charged with alcohol intoxication, after the initial stop and arrest, the driver will likely be taken to the local police headquarters where he or she will be asked to provide a breath sample using a breath-testing device like the Alcotest 7110. Should this happen to you, it is wise to remember everything about the arrest, most importantly the circumstances surrounding the actual breath testing as well as the exact blood-alcohol concentration (BAC) reading.
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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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