Sobriety Checkpoints

July 10, 2011

Camden County, NJ, DUI-DWI Defense News: Winslow Twp. Police Tally Drunken Driving Arrests

No one should be too surprised to learn that the Click It or Ticket traffic safety campaign here in the Garden State caught more than the occasional unbelted motorist. As New Jersey DWI defense lawyers, I and my colleagues know that the seat belt use law can result in police officers catching potentially drunken drivers as well.

In addition to the state’s use of sobriety roadblocks and drunk driving checkpoints in the late evening and early morning hours, the latest seat belt enforcement campaign is likely to result in numerous intoxicated driving arrests and possibly a number of convictions for driving under the influence of alcohol. Of course, those individuals who take the wheel while impaired, either knowingly or unknowingly, by the effects of prescription drugs can also be arrested for driving under the influence (drug DUI) just as easily.

A while back, the township of Winslow, NJ, announced the results of their part in the national safety belt enforcement effort, sponsored New Jersey’s Division of Highway Traffic Safety, and which lasted from late May through early June of this year. The statistics bear out the relative success of the campaign. In Winslow Township alone, police officers gave out more than 400 traffic summonses.

Of those tickets, almost one-third were for primary seat belt violations, which may come as a surprise given the marketing that went into this effort. In addition, 32 tickets were issued for excessive speed and another 30 were fore driving on a suspended license. Nine drivers were arrested for operating a motor vehicle while intoxicated (DWI) and six people were taken into custody for drug-related offenses, such as marijuana possession.
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June 30, 2011

Toms River Legal Defense News: Ocean County to Increase Drunken Driving Checkpoints to Curb Summer Accidents

by Jonathan F. Marshall

Now that summer is in full swing here in the Garden State, there are numerous occasions to celebrate; family gatherings, company outings, and after-work events in restaurants and bars throughout the state. Although the state police and local law enforcement agencies have been doing their part to curb the amount of drinking and driving on New Jersey roadways for years now, every week dozens of drivers are charged with DWI or impairment due to prescription medication (drug DUI).

As drunken driving defense lawyers representing people in Bergen, Monmouth, Passaic and Atlantic County, as well as the rest of the state, we understand fully the negative impact that a drunk driving conviction can have on a person’s career and personal life. It isn’t just the monetary hit that a driver takes following a sentence for first-time DWI or drug DUI. A driver’s insurance rates will automatically go up significantly and remain there for several years.

One of the places that drivers get arrested for drinking and driving is the all-too-common sobriety checkpoint. Also known as a DWI or drunken driving roadblock, these temporary checkpoints are erected by police in areas that typically have a high incidence of DWI or DUI arrested. This fact is the justification for state and local police to set up a roadblock in order to assess drivers’ sobriety one at a time.

According to news reports, New Jersey, along with other states across the country, will be participating in a continuation of what has become a summertime staple — the DWI checkpoint program. This ongoing program includes the operation thought our state of multiple checkpoint locations in various counties, such asOcean County. Sobriety roadblocks reportedly work by supplementing local police enforcement of drunken driving laws.
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June 22, 2011

New Jersey Motorist Charged with DWI after Hitting Police Chief’s Patrol Car

by Jonathan F. Marshall

The last time we mentioned unintended consequences. Well, there are unintended consequences for driving while intoxicated, either by alcohol, prescription meds, or illicit drugs such as marijuana or cocaine… and then the are unintended consequences of those original consequences, so to speak. One consequence that we would prefer not to see any person have to defend himself against is hitting a police vehicle while allegedly driving under the influence of alcohol.

As New Jersey DWI defense lawyers representing individuals from counties such as Monmouth, Ocean, Burlington and Passaic, we can say without much trepidation is don’t even think of assaulting a law enforcement officer with a vehicle, drunk or not. This is a serious offense that can complicate a drunken driving defense without a doubt.

Not surprisingly, this type of helpful advice is ignored by more than a few people every year here in the Garden State. Such was the case for an out-of-state driver last month when he crashed his SUV into an Elmwood Park, NJ, police vehicle being used by none other than the department’s chief of police.

According to news reports, the accident happened around 2:30am on May 15 as Police Chief Donald Ingrasselino and Lieutenant Frank Thorpe were heading to a DWI sobriety roadblock in Bergen County. Based on police reports, Chief Ingrasselino and Lt. Thorpe were traveling eastbound along Rte 46 toward the drunken driving checkpoint being operated that morning at Midland Avenue when their Dodge Durango was struck.
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June 9, 2011

Bergen County, NJ, Drunk Driving Defense News: Apple to Remove Apps that Locate DWI Roadblocks

by Jonathan F. Marshall

Apparently Apple has joined Research in Motion in dumping software applications that allegedly notify drivers of the times and locations of sobriety checkpoints and drunken driving roadblocks. For anyone who doesn’t know, DWI checkpoints are set up by state and local police in areas that have a historically high incidence of drunk driving.

Motorists in Bergen, Monmouth, Ocean and Sussex County have no doubt seen these police enforcement techniques used throughout the years. And although these roadblocks are fairly random in nature, law enforcement agencies are required by law to announce future checkpoints to the public.

As a New Jersey DWI defense lawyer, I and my staff of experienced drunk driving attorneys understand the logic behind these sobriety roadblocks — that of catching motorists who may have had too much to drink and are legally intoxicated — however, we also know that many drivers do not even realize that their blood-alcohol content (BAC) is over the legal limit when they are stopped by police.

June 3, 2011

Middlesex County DWI Arrest Update: Other Approaches to Fighting New Jersey Drunken Driving Charges

by Jonathan F. Marshall

It’s important to remember that a drunk driving arrest and subsequent DWI or drug DUI charges are not the end of the world. However, any time a person is picked up for driving under the influence of alcohol or driving while impaired due to prescription drugs one should always consult with a qualified DWI defense lawyer.

As New Jersey DWI-DUI defense attorneys, I and my staff have decades of experience in fighting for clients who have been accused of driving while intoxicated. Even those individuals who have been arrested for operating a motor vehicle while under the influence of illicit drugs, such as cocaine or marijuana, should speak with an experience legal professional to understand their rights under the law.

Here in the Garden State, whether you live in Ocean, Sussex or Monmouth County, the law considers you innocent until proven guilty. Fighting a DWI or DUI charge can be approached in many ways, depending on the individual circumstances. The following is a continuation of my earlier discussion on challenging a DWI arrest.

Rising Blood Alcohol Level
It’s may not seem logical, however it is possible for a motorist’s blood-alcohol content (BAC) to be measured at police headquarters sometime after the initial arrest and have a higher reading than if he or she had been measured at the scene of the traffic stop or sobriety roadblock.

How can this be? The fact is it takes an average of 50 minutes for alcohol that one has consumed to be fully absorbed in a person’s bloodstream. While this may seem like a long time, consider that it can take as long as three hours before a person reaches maximum BAC.

This is a critical point, especially if the drunken driving arrest occurs right after one has consumed the alcohol. In such cases, an individual’s BAC will likely still be rising at the time the police administer a breath test. In fact, even if your BAC was above 0.08 percent at the time of the blood draw or breath test, it could well have been under the legal threshold when you were actually on the road. (Because there is no law against having a BAC above 0.08 while at the police station, you might want to consult a drunk driving attorney to determine the best defense.
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May 31, 2011

Sales of DWI Sobriety Checkpoint Apps for Smart Phones on the Rise

by Jonathan F. Marshall

As the saying goes, knowledge is power; and apparently owners of smart phones are feeling more powerful every day. In the news of late are stories about the sales of software applications that allow users of iPhones, BlackBerries and Droids, among others, to keep track of drunken driving checkpoints, also known as sobriety roadblocks. Numerous government officials and police departments have been pressing Apple and Google to stop offering the apps, but this may be in itself be accelerating sales of the DWI alert software packages.

As New Jersey drunken driving defense lawyers, I and my team of experienced DWI attorneys are quick to advise people not to drink and drive. However, we understand that many motorists who are stopped by state and municipal police patrols don’t necessarily realize that they may be legally drunk, something which could end up costing them a great deal.

When a driver is pulled over at a drunk driving checkpoint, if a police officer detects signs of alcohol use he may request the driver to perform a variety of field sobriety tests. Once satisfied that the motorist is likely impaired by alcohol, the officer may also ask the driver to submit to abreathalyzer test. If his or her blood-alcohol content (BAC) measurement is 0.08 or above, the individual could be arrested and charged with driving while intoxicated. This is the beginning of a costly process that may lead to loss of the person’s job, alienation from family and friends, and possibly jail time under certain circumstances.

One way in which motorists are trying to avoid running into a sobriety roadblock is through the use of those DWI and DUI apps. According to news reports, these downloadable applications actually enable smart phone owners to pinpoint the locations of drunk driving checkpoints set from time to time up by police departments all across the Garden State.
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April 28, 2011

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

by Jonathan F. Marshall

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 9, 2011

Elmwood Park Police Arrest 9 Motorists; Charge 70 Others with DWI at Bergen County Sobriety Checkpoint

by Jonathan F. Marshall

Do drunk driving roadblocks enhance traffic safety and save lives? This is a question that people have been asking for many years. Here in the Garden State, criticism of sobriety checkpoints runs the gamut; from those who believe DWI and DUI roadblocks are highly effective in keeping intoxicated drivers off public roads to those who feel drunken driving checkpoints are a waste of taxpayer money and should be eliminated.

From our standpoint as New Jersey DWI defense attorneys, we can see both sides of the argument. But one thing is certain, drivers in Monmouth, Ocean and Sussex County continue to be arrested and ticketed for driving under the influence of alcohol, prescription medication and illicit drugs, such as marijuana and cocaine. Over in Bergen County the Elmwood Park police reported nine arrests during a recent DWI checkpoint; officers also issued 70 other individuals summonses for various other traffic offenses.

According to news reports, the mid-March drunk driving roadblock set up by local authorities ran from 11:30pm on a Friday night until 3:30am the next morning. The location of the checkpoint was along a stretch of westbound Rte46. Eight of those arrested were charged with driving under the influence; the remaining arrestee was charged with possession of a controlled dangerous substance (CDS).

April 1, 2011

New Jersey News: Legislators Fume over Smartphone Apps Identifying Drunken Driving Checkpoints, Sobriety Roadblocks

by Jonathan F. Marshall

Forget word of mouth, iPhones and Blackberrys are bringing more and more information to everyone’s fingertips. In the office, at home and in the car, smartphones do more than dial your lawyer after a drunk driving arrest. In fact, these devices have raised the rancor of some lawmakers around the country due to a peculiar type of app that millions of people seem to be taking advantage of.

As New Jersey DWI attorneys, we know that the state is legally bound to publish the times and locations of pending sobriety roadblocks, also known as drunk driving checkpoints. Even so, the Apple iPhone and other smart devices support programs that will also tell a driver when and where they might be stopped and ticketed for driving under the influence. But these methods are being criticized.

According to recent news reports, several U.S. senators have requested companies such as Google, Research in Motion and Apple to deep-six applications that help motorists avoid DWI-DUI checkpoints as well as speed traps. These applications — or apps, as they are better known — go by names like Trapster, iRadar and PhantomAlert. In fact, there are even other apps that reportedly tell drivers where red light cameras are situated and whether or not a driver is heading into a school zone.

March 31, 2011

Monmouth County DWI Defense Update: Tips on Fighting a DWI Arrest in New Jersey — Part 2

by Jonathan F. Marshall

Picking up on our discussion previously regarding fighting a drunk driving charge, we’ve already talked about the possible causes of failing one or more of the standardized field sobriety tests that most police officers administer to allegedly drunk drivers in order to gauge their level of so-called drunkenness.

As a New Jersey DWI and drug DUI defense lawyer, I and my colleagues know the procedures that law enforcement departments train their officers to follow when arresting a motorist for driving under the influence of alcohol, prescription medication or illegal drugs. These tests are designed to evaluate a person’s level of inebriation, but they can also result in false assumptions.

In fact, an individual doesn’t need to be drunk to fail a field sobriety test, or FST. Many people who have had nothing alcoholic to drink can still struggle to pass FSTs under a variety of conditions. The takeaway here is that even if you ever struggled and possibly failed the FSTs, it can still be attributed to the setting and circumstances of the test, and not always because a person is intoxicated.