Ocean County DWI Defense

January 29, 2013

Ocean County Car Crash at Gas Station Leads to Drunk Driving Arrest by Toms River Police

If we’ve mentioned it once, we’ve likely said many dozens of times: a driver only complicates matters involved with a drunken driving charge if there is a traffic accident associated with said DWI. Regardless of whether on lives in Passaic, Essex, Bergen or Ocean County, the police and the courts are hardly impressed by a motorist who was allegedly impaired by alcohol (DWI) or drugs (DUI) when he or she was involved in a car, truck or motorcycle wreck.

At the very least, and hopefully for all involved, there were no injuries or fatalities, but there is almost always some kind of property damage with any roadway collision, be it a single-vehicle crash or a multi-car accident. Adding drinking and driving to the litany of potential charges is just icing on the cake, so to speak, for the local prosecutor. Accidents can and do happen, but if the police find evidence of alcohol or drug use by the motorist allegedly responsible for the wreck, a DWI-DUI defense can get a bit more complicated.

Despite admonitions from various parties and safety experts, people continue to get behind the wheel in some state of intoxication. Whether one is legally drunk at the time of a traffic stop or following an automobile accident likely will make a difference in the final outcome of a drunken driving case, but having any amount of alcohol or drugs in one’s bloodstream following a traffic incident can be enough for police to issue a DWI or drug DUI summons.
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December 23, 2012

New Jersey DWI Police Blotter: Multiple Drunk Driving-related Arrests in Ocean, Hunterdon, Morris Counties

by Jonathan F. Marshall

Make no mistake, at this time of year there are many New Jersey motorists who get picked up for drunken driving day after day as the holiday season progresses through to the New Year. It matters little if someone is an upstanding person in his or her neighborhood or well-respected individual in the local business community, being arrested for DWI or drug DUI can and does happen; the results of which can be costly and embarrassing.

It’s no laughing matter when a driver is pulled over after having a few drinks. While the initial traffic stop must be for a moving violation, exhibiting any outward signs of possible intoxication will likely pique an officer’s interest to the point that a field sobriety test will be requested. I f failed, the patrolman may decide to arrest the driver and take him or her in to have a breathalyzer test performed (via Alcotest or other such device), which could possibly lead to a charge of drinking and driving.

We see this kind of scenario play out week after week all across the Garden State. Consider the following bits and pieces culled from local news sources:

Ocean County DUI Arrest
A simple wrong turn resulted in a couple charges of operating a motor vehicle while under the influence of a controlled dangerous substance (CDS), as well as drug DUI and possession of drug paraphernalia. According to the news report, Stafford Township police officers responded to an anonymous report after the unnamed caller reportedly saw a passenger car being driven in a reckless fashion along a stretch of Rte 9.
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November 23, 2012

Union and Ocean County Police Blotters: Drunk Driving Arrests for Many New Jersey Motorists

by Jonathan F. Marshall

It’s happened to more than one New Jersey driver in the past week: cruising down the road after a luncheon with business associates, coming home from a good friend’s bachelor party, or even going to the supermarket to pick up some groceries. These all sound normal enough, and they are, but for one added element: being stopped by a police officer for some minor traffic infraction. Whether it was a turn without signaling, a rolling stop in a quiet neighborhood or maybe just a burned-out taillamp, either way, one could be looking at a pricey ticket for one or more traffic violations, unless….

Unless the driver in question appears to the patrolman to exhibit some of the “typical” signs of being drunk behind the wheel. If a driver has had a drink or two previous to the traffic stop, then that individual could have trouble down the road, since many police officers are extremely suspicious of driver who exhibit signs of being intoxicated. As New Jersey DWI defense lawyers, I and my legal staff are committed to representing individuals who have been accused of driving under the influence of alcohol, prescription drugs and even controlled dangerous substances (CDSs), also known as drug DUI.

We’ll say right now that if you or anyone you know ever thinks you may have had too much to drink, save yourself the trouble of possibly being stopped on the road by a New Jersey state patrol officer or a municipal officer and risk being charged with DWI or DUI.

Recently, we saw a number of DWI and related arrested mentioned in several so-called police blotter columns in the news. These incidents, which occurred in Ocean and Union counties, provided a smattering of the typical kinds of drunken driving arrests that happen on a daily basis all across the state. As drunken driving attorneys, we know how easily a motorist can be tagged by a police officer for what may seem like a minor infraction only to be slapped with a drunk driving charge, maybe even more. Consider the following as object lessons in what not to do, and what to expect should you decide to take a chance with the law.
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October 9, 2012

Former Pro Boxer Charged with DWI, Reckless Driving Following Motorcycle Crash in Lacey, NJ

by Jonathan F. Marshall

Drunk driving is an equal opportunity offense here in the Garden State. So long as you own a car, or have the opportunity to drive one regardless of whether it is your own vehicle, an individual has one of the major elements of a drunken driving arrest. The other part would be the actual imbibing of an alcoholic beverage (or in the case of a drug DUI, taking of prescription medication or ingesting an illegal controlled dangerous substance (CDS), such as meth, weed or coke).

As New Jersey drunk driving defense attorneys, I and my staff of experienced civil and criminal defense lawyers understand the impact that a DWI or DUI conviction can have on a person. It goes without saying that more than one career, personal relationship or otherwise unblemished reputation has been ruined by a single charge of driving under the influence of alcohol of doctor-prescribed medicine, much less an actual conviction. Aside from steep monetary fines, penalties and surcharges, loss of driving privileges and occasionally jail time can be attached to a conviction for driving while intoxicated.

Although most typical motorists are not in the public eye, those individuals who are have a much higher profile and can suffer even more from the public humiliation of being arrested for a DWI incident. Whether convicted or not, these people may feel their reputations tarnished and public persona diminished to some degree. Whatever the cause of a traffic stop, if a person has been drinking the police may decide to arrest him or her, no matter how well known or loved by the public.
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September 28, 2012

New Jersey State Trooper Hurt in Car Chase with Drunken Driver in Toms River, NJ

by Jonathan F. Marshall

We won’t even suggest that this could be a scenario for most people who may be arrested for drunk driving here in the Garden State, but suffice it to say that if one is planning to seal a car, it might not be a wise idea to steal the car in which one is driving while intoxicated. As we said, this is hardly the typical kind of DWI-DUI traffic situation that most drunk driving defense lawyers encounter on a daily basis. To say the least, our clients are more likely to be coming home from dinner with their spouse when a police officer pulls them over in their own vehicle.

That said, we will add that as New Jersey DWI defense attorneys, a percentage of clients believe that they were not drunk at the time of the arrest or issuance of a DWI or drug DUI summons. This may or may not hold up in court, but the fact remains that many motorists here in New Jersey may not fully realize that they are legally impaired as they get behind the wheel of their car or truck.

This goes the same for people who may have had a couple of beers, a glass of wine or a dose of doctor-prescribed medication prior to driving home from a friend’s house or a quiet dinner at an upscale restaurant. Even those individuals who might be taking medicinal marijuana, the chances of being arrested for drug DUI or operation of a motor vehicle while impaired by a controlled dangerous substance (CDS) can be quite high. If a patrolman observes a motorist initiate a maneuver that results in a traffic infraction, then the odds are very great that the driver will be exposed to the scrutiny of that law enforcement professional.
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September 21, 2012

No Criminal Trial for Former Municipal Employee Who Struck New Jersey Teenager While Allegedly Drunk

by Jonathan F. Marshall

Defending motorists accused of DWI in the Garden State is one job best left to skilled legal professionals who are well-versed in New Jersey’s drunken driving laws and statutes. And, for anyone who wonders how best to beat a drunk driving summons in Jersey, the short answer would have to be not to get behind the wheel of a motor vehicle if you’ve had anything to drink. Sage advice, considering the total number of police arrests for operating a car or truck while under the influence of alcohol.

With dozens upon dozens of DWI summonses issued every week, it’s a fair bet that a percentage of those may not hold water in court. As New Jersey drunken driving defense lawyers, I and my colleagues have literally decades of courtroom experience when it comes to defending drivers against charges of driving under the influence of alcohol or impaired driving as a result of prescription drug use (drug DUI). Our office also handles drivers and other individuals who have been arrested for marijuana possession or use in a car.

While it’s sometimes very easy to be caught unaware by a police officer who may see a motorist driving in an erratic fashion, more trouble could be around the corner if one couples drinking and driving with some kind of traffic accident. Add to any accident possible property damage or personal injury, much less a fatality, and one’s drunk driving defense becomes that much more complicated. All the more reason to consult with a qualified DWI defense lawyer.
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August 19, 2012

State Continues Anti-DWI Campaigns to Curb Drunk Driving across New Jersey

by Jonathan F. Marshall

As New Jersey DWI and drug DUI defense lawyers, we know that many people arrested for drunk driving are surprised, or at the very least shocked that they may be facing thousands of dollars in fines, penalties and assessments if they are found guilty of DWI in a court of law. A percentage of drunk driving and drug DUI arrests are made at sobriety checkpoints set up from time to time all around the Garden State. Other people can find themselves on the wrong side of the law following a simple traffic infraction, which then turns into a full-blown drunk driving arrest and a trip to the local police department for a breath test.

The point we would like to make is that whether one believes that there is too much or too little focus on DWI offenders, the law is specific that no one can legally drive in New Jersey with a blood-alcohol concentration (BAC) of 0.08 percent or more. (Of course, holders of commercial driver’s licenses, also known as CDLs, have an even lower BAC to which they must adhere.) The gist of this conversation is that state and local law enforcement officer are motivated to keep drunken drivers off the roads.

Certain campaigns, locally and nationally, are also used to keep a high level of enforcement, as well as attempt to educate the public to the dangers of DWI and drug DUI (including doctor-prescribed medications and illicit drugs like cocaine and marijuana). One such campaign that has been used in the Garden State is the HERO anti-DUI campaign, which this year was expanded to include the Jersey Shore.
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June 12, 2012

Injury Accidents Only Serve to Compound Charges of Drunken Driving in New Jersey

by Jonathan F. Marshall

Causing significant personal injury or property damage as the result of a car or truck accident can sometimes result in negative ramifications (criminally and/or from a civil standpoint) for the negligent party. This is almost a given in any municipality around the Garden State. And, while causing an accident through simple negligence is one thing, being the defendant in a DWI-related legal case involving bodily injury to another person or physical damage to another individual’s property can be an entirely different thing altogether.

As New Jersey DWI lawyers, my firm is well positioned to represent motorists who have been accused of driving under the influence of alcohol (such as beer or wine) or doctor-prescribed drugs; or even illicit substances like marijuana and cocaine. Most people do not understand that a police officer cannot pull a vehicle over based only on a hunch that the driver has been drinking prior to getting behind the wheel. What usually happens first is the officer may notice a minor driving infraction, which then attracts his or her attention to the subject vehicle.

Of course, while observing a car or truck making an improper turn or running a stoplight can be a clear sign that something is amiss with the driver, coming upon a traffic accident is usually an obvious indication that at least one of the drivers involved made some serious error in judgment or executed a maneuver after a poor driving decision. Whatever the reason, once a driver is on the roadside — having allegedly caused a traffic accident — the officer in charge will most likely be keenly aware of everything being done or said at the scene of the accident.
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February 26, 2012

New Jersey Police Blotter: Drunk Driving and Drug DUI Arrests in Ocean and Union Counties

by Jonathan F. Marshall

Any driver who lives or works in the Garden State may already know that arrests for drunken driving occur quite often all around the state. Although being pulled over for a traffic violation does not automatically mean that a driver will be charged with driving under the influence, there are numerous opportunities for motorists to be stopped and potentially charged with a DWI.

Much of this has to do with the circumstances and whether the arresting officer is convinced that an individual is impaired at the time of the traffic stop. Not all DWI and DUI arrests result in conviction; however, as New Jersey drunken driving defense lawyers, I and my staff of experienced DWI attorneys know full well that having any amount of alcohol or drugs in one’s bloodstream at the time of a traffic stop can result in charges being pressed.

Sometimes getting a summons for DWI — or breath test refusal, if one chooses to decline taking a breathalyzer test — is just a matter of timing. Be advised that feeling you are in the right does not change the way a police officer views the situation on the roadside. As we always suggest to friends and associates, it’s better to err on the side of caution and get a sober ride home than to take one’s chances with the local police and possibly be charged with impaired driving due to alcohol or prescription drug use (drug DUI).
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February 18, 2012

Ocean County, NJ, Drunken Driving Arrest News: DWI Charges Abound in Lakehurst, Lacey and Forked River

by Jonathan F. Marshall

Being slapped with a charge of DWI, drug DUI, or breath test refusal can be a shock to more than one driver, especially if he or she has never before received a summons for drinking and driving. For those uninitiated in the typical process of being arrested and charged with driving under the influence, the actual reasons can sometimes seem more innocent and hardly worth mentioning; however, the consequences are far from trivial.

As New Jersey drunk driving defense lawyers, I and my staff have read of and tried enough DWI and drug DUI cases to understand that the average motorist can be stunned by the speed at which a drunken driving arrest takes place. For many, it all begins with a simple and seemingly minor infraction; consider, for instance, a driver who just made a turn without signaling.

Since New Jersey drunken driving law does not allow a police officer to stop a motorist solely on the suspicion of that individual has had too much to drink — and is possibly impaired by alcohol or prescription medication (aka drug DUI) — the patrolman must observe a chargeable moving violation being committed to effect a traffic stop.
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