Ocean County DWI Defense

February 16, 2012

Ocean County Drunken Driving News: Stafford Twp., NJ, Man Charged with DWI-related Vehicular Homicide

Regardless of where a motorist receives a traffic citation or summons for drunken driving, be it Monmouth, Hudson, Union or Somerset County, being charged with drunken driving is nothing to sneeze at, especially in the Garden State. Aside from the heavy monetary penalties, one’s career, personal relationships and standing in the community can be adversely affected simply be an arrest, much less an actual conviction.

Representing motorists accused of driving under the influence is the job of qualified New Jersey DWI defense attorneys, such as the experienced drunk driving lawyers at my firm. While no one can predict the outcome of a drunk driving case, the odds are that much worse in matters involving property damage and personal injury. Without a doubt, nobody should wish for a DWI or drug DUI arrest in connection with a fatal traffic accident.

Nevertheless, fatalities involving alleged drunken driving occur with a fair amount of frequency here in Jersey and elsewhere across the country. This is not to say that police or the courts are jaded when it comes to arrests following fatal DWI accidents; it’s well understood that the authorities take a very dim view of drivers accused of fatal car crashes where alcohol or prescription drug use may have been involved.
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February 14, 2012

Ocean County, NJ, Motorist Connected with Fatal Drunken Driving Pedestrian Crash Remains Uncharged

by Jonathan F. Marshall

Whether one lives in Sussex, Bergen, Atlantic or Middlesex County, make no mistake: state and municipal police agencies across the Garden State take a dim view of motorists who get behind the wheel while under the influence of beer, wine or hard liquor. This goes as much for alcohol as it does for prescription medication and doubly so for those who take illicit drugs and then drive on public roads.

Frankly, as New Jersey DWI defense lawyers, we know that our state’s judicial system can be quite strict when it comes to drinking and driving. State laws and legal statutes specify heavy penalties for those individuals convicted of drunken driving and drug DUI; in fact, aside from monetary penalties, there is a good chance that depending on the circumstances a driver can lose his or her license for a period of time following a drunk driving conviction.

With the costs of losing a DWI or DUI case, plus the potential of having ones driver’s license suspended — which can complicate a person’s employment situation as well as their private life — look for the advice of an experienced drunk driving defense attorney is many times a good course of action. With the frequency of organized anti-DWI/DUI enforcement efforts (such as New Jersey’s “Over the Limit, Under Arrest” campaign), dozens upon dozens of motorists find themselves charged with a variety of drunk-driving-related offenses during these amplified enforcement endeavors.
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February 10, 2012

Ocean County Drunk Driving News: New Jersey Woman Arrested for DWI, Aggravated Vehicular Assault

by Jonathan F. Marshall

As any one who has been arrested for drunk driving here in the Garden State probably knows already, being charged with driving under the influence of alcohol or prescription drugs — also known as drug DUI — can be difficult in and of itself to fight in court; but to add an injury accident one top of a DWI charge only complicates things for a defendant.

It doesn’t make any real difference if one is picked up in Atlantic, Essex or Hudson County, state and municipal law enforcement agencies hold a hard line against alleged drunken drivers. (The same can be said for the New Jersey court system, since state laws are very strict and contain stiff penalties for motorists convicted of driving while intoxicated, whether by liquor, doctor-prescribed medication or illicit drugs such as cocaine or marijuana.

When a driver causes a traffic accident while allegedly under the influence, the law tends to focus a little tighter on that individual. And, as mentioned above, injury accidents caused by drunk drivers can complicate a person’s defense in many cases. If the person who is injured is an officer of the law, this is without a doubt more than sufficient reason to consult with a qualified DWI defense attorney. And by all means, one should not even contemplate running from a patrolman.
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February 6, 2012

Legal Defense News: NJ Police Arrest Drunken Drivers in Mercer, Ocean and Morris Counties

by Jonathan F. Marshall

New Jersey is a pretty tough state when it comes to drunk driving enforcement. Anyone who driver here regularly has seen the frequent late-night sobriety checkpoints and anti-DWI saturation patrols operated by the New Jersey State Police and local law enforcement departments. Quite frankly, as drunken driving defense lawyers representing drivers in Monmouth, Sussex, Passaic and Ocean County, there is no good reason to risk one’s future by getting behind the wheel of a car, truck or motorcycle while impaired by alcohol or other substances.

While driving under the influence of alcohol or doctor-prescribed medication may not be a motorists primary intention, the chances of being stopped for a minor traffic infraction raise the possibility of being slapped with a DWI summons. The best way to avoid this scenario is to avoid driving any time one has had something alcoholic to drink; calling a cab, getting a ride from a sober friend or family member, or just staying put over night is by far the better course, than to find oneself with summons in hand and a court date pending.

Some of the most common police traffic stops, such as illegal turn or failure to maintain one’s lane, can end up with a driver arrested and charged with driving under the influence. Whether the charge is alcohol-based or a drug DUI — such as prescription meds or illegal substances like cocaine or marijuana — the potential conviction can cost a driver plenty in terms of monetary fines and even jail time, depending on the circumstances.
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January 6, 2012

New Jersey Woman Survives Minor Car Accident only to be Killed by Alleged Drunk Driver

by Jonathan F. Marshall

Though we’ve said it many times here, it always bears repeating: climbing into a car or truck while possible intoxicated by alcohol or some other substance is a potentially dangerous activity. As a New Jersey drunken driving defense attorney and former municipal prosecutor, I understand the consequences of operating a motor vehicle while impaired. Certainly being stopped by police is a bad situation if one is found to be drunk at the time, but causing an accident — especially a fatal car crash — is something nobody wishes for.

This said, it should be obvious that injuring or killing another person as a result of an alleged drunk driving traffic will not sit well with the police or the court of the municipality in which the offense occurred. The complications of such an event mean that the defendant should seriously consider enlisting the services of a qualified and experienced DWI defense attorney.

Newspapers and the internet are filled with stories of motorists involved in bad situations not always of their own making, but nonetheless human nature being what it is, there will likely always be traffic accidents caused in some way, shape or form by alcohol use; not to mention impaiment by prescription medication or illegal drug use. As motorists ourselves, we cannot escape that reality, but we can remind people to be cautious, enlist the services of a designated driver, or take a cab or bus when one is intoxicated and unable to drive competently.
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December 28, 2011

No DWI Charges Yet for New Jersey Man Involved in Fatal Ocean County Traffic Accident

by Jonathan F. Marshall

Being caught driving drunk here in the Garden State can get many a motorist in hot water legally and financially; and it’s no secret that police departments in Monmouth, Bergen, Sussex and Atlantic counties have virtually no tolerance for drivers who get behind the wheel in any state of inebriation. Frankly, with all the hype about anti-drinking and driving enforcement during the holidays, it’s difficult to imagine that individuals still drive while potentially intoxicated, but apparenlty this happens with extreme regularity.

As New Jersey DWI defense attorneys, I and my colleagues are constantly reading about individuals who may or may not believe that they were intoxicated at the time of their arrest. Regardless of where one is picked up for operating a vehicle while impaired — be that by alcohol, prescription medication (drug DUI) or illicit drugs like cocaine or marijuana — the penalties can be severe and costly.

As drivers ourselves, we understand the reasons for anti-drunken driving laws, however the methods and evidence used against motorists can sometimes be questionable, to the point that a DWI case may have little chance of standing up in court. One thing, however, that can make a so-called “routine” drunk driving arrest stand out is when it coupled with a traffic accident. Property damage, injuries and certainly fatalities tied to an alleged drunk driving episode is nothing to sneeze at.
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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 3, 2011

Ocean County, NJ, DWI News: Manpower Reductions Affecting Lacey Township’s Drop in Drunken Driving Arrests

by Jonathan F. Marshall

While some municipalities across the Garden State are claiming continued victory in the battle against drunken driving — quantified by the total number of DWI and drug DUI arrests annually — other towns and cities are seeing cutbacks in manpower, which apparently is taking its toll on the number of motorists being charged with driving while intoxicated. Doubtless, the effects of a struggling economy are being felt all over, even in Monmouth,Bergen and Ocean County, among others.

With many police departments trying to do more with less, it’s not surprising that areas like Lacey Twp. are feeling the pinch. According to news reports, less manpower on the street has equated to fewer drunk driving summonses. In Lacey, arrests for driving under the influence have been on the decrease since 2008, based on news reports.

As New Jersey DWI defense attorneys, my firm is trained to represent those individuals who have been charged with driving while impaired by alcohol, doctor-prescribed medications, or controlled dangerous substances (CDS), such as marijuana and cocaine. The penalties for DWI and drug DUI can be quite harsh, even for first-time offenders, which is why we always recommend consulting an experienced drunken driving defense lawyer after a police arrest.

Getting back to the effect of reduced manpower on the state and local police departments; although studies on nationwide instances of DWI indicate that Americans may be drinking and driving less frequently, statistics coming out of some New Jersey municipalities show that DWI arrest rates have at best remained unchanged — Barnegat Township is apparently one of those “steady-state” areas, which flies in the face of the overall downward trend in DWI-DUI arrests across the rest of the U.S.
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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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September 6, 2011

Garden State Counties Join in New Jersey Law Enforcement Drunk Driving Crackdown

by Jonathan F. Marshall

For many New Jersey residents, rather than enjoy this past Labor Day weekend they likely spent most of their time cleaning up from the effects of tropical storm Irene. Still, in areas less affected, surely some Garden State drivers saw some increased drunken driving enforcement activities by state and local police. As part of the national “Over the Limit, Under Arrest” campaign, it’s a fair bet that dozens of motorists had encounters with law enforcement officers during what has become an annual anti-DWI effort.

Of course, it’s hardly a good idea to operate a motor vehicle while under the influence of beer, wine or hard liquor, as well as illicit drugs such as marijuana and cocaine. But during the last two weeks, drivers who did take their chances by drinking and driving may have met with a DWI or drug DUI arrest or summons to appear in court.

This effort took place in nearly every county across New Jersey, including Bergen, Hudson, Union, Monmouth and Ocean, just to name a few. As a drunken driving defense lawyer and former municipal prosecutor myself, I understand how some individuals can be pickup up for driving while intoxicated, though perhaps be unaware that they were legally impaired at the time of their arrest.

Whether stopped by a rolling DWI patrol for an apparent minor traffic offense, or being waved into a sobriety checkpoint (also known as a DWI roadblock for observation by a police officer looking for drunken drivers, the resulting charges of drunken driving or impairment due to prescription medication or an illegal drug (also known as a controlled dangerous substance or CDS) can be costly in terms of fines and penalties, as well as the impact on an individual’s personal and business relationships or standing in the community.
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