Third or Subsequent Offense DWI

November 9, 2013

Cumberland County Man Loses Driver’s License for 12+ Years after Sixth DWI Conviction

New Jersey DWI law provides for a variety of increasingly stiff penalties for those motorists who find themselves convicted of driving while intoxicated. As Garden State drunk driving defense attorneys, our job is to represent individuals who have been charged with DWI or drug DUI, as well as those who have refused a breathalyzer test or been accused of drug possession in a motor vehicle.

For first-time drunk driving offenders, a conviction can come with significant penalties that can affect the driver in numerous ways. Fines for a first offense can run from $250 to $400, depending on the amount of alcohol in one’s bloodstream at the time of the arrest (this blood-alcohol content (BAC) can range between 0.08 and 0.10 percent. It should be remembered that these fines will increase to between $300 to $500, if the defendant’s BAC was measured at more than 0.10 percent. And this would be the “good news.”

The bad news is that offenders convicted for a third or subsequent time can not only lose their driver’s license for 10 years, but can be assessed fines in the thousands of dollars. Given the severity of penalties for third and subsequent offenses, we believe that representation by an experienced DWI defense attorney is in a defendant’s best interest. Sometimes the challenge is quite great, such as in the case of an individual we read about a while back who was convicted a sixth time for DWI by a Cumberland County court.
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October 17, 2013

NJ DWI Update: Immigrants Legal and Illegal can Face Backlash following DWI-related Traffic Accidents

by Jonathan F. Marshall

With all of the focus on illegal immigration over the past decade or so, it is should not be a surprise that part of this debate regarding undocumented aliens leads to discussions of deportation for various crimes committed by individuals who have entered the country under questionable circumstances. While there are various points of view regarding the benefit to this country as a nation built by immigrants, the argument that those who flout our laws blatantly and with criminal intent is a strong one.

As New Jersey DWI defense lawyers, my colleagues and I are dedicated to helping those individuals who have been accused of operating a motor vehicle while under the influence of alcohol, prescription drugs and other controlled dangerous substances (CDSs). My staff has a great deal of experience in trial law, which includes both civil and criminal litigation.

Being charged with a drunken driving offense is serious, not to mention embarrassing and potentially detrimental to one’s personal, professional and public life. There is really no good reason why anyone should walk into a courtroom unprepared to fight for one’s legal rights following a DWI or drug DUI arrest. While there is never any guarantee of a not guilty verdict or dismissal of charges, having a qualified drunk driving attorney by one’s side is a smart choice.
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October 12, 2013

New Jersey Councilman’s Son Gets Seven Years in Jail for Fatal Ocean County DWI Accident

by Jonathan F. Marshall

Being arrested for DWI is one thing, but being charged with a roadway accident, or worse, one that involves a death is certainly a serious situation that usually calls for the skills of an experienced trial attorney who understands the drunk driving laws here in the Garden State. And we will add that while a thorough understanding of the law is definitely a prerequisite, retaining a lawyer who has defended motorists against drunken driving, CDS and drug DUI charges is also important.

As a former municipal prosecutor, I and a number of my legal staff have worked both sides of the aisle in DWI and DUI litigation. No matter where you drive here in New Jersey, whether it’s Bergen, Union, Sussex or Atlantic County, if you are pulled over by a state trooper or city cop and issued a drunken driving summons, your legal fight will be helped a great deal with the assistance of a qualified DWI-DUI attorney. On the far end of the scale, being implicated as the cause of a fatal drunk driving-related car, truck or motorcycle collision only raises the stakes to a much higher level.

As New Jersey DWI defense lawyers, our job is to represent motorists accused of driving under the influence of alcohol or prescription drugs (drug DUI). One thing is certain, at least in cases involving an alcohol-related traffic death, if the police and local prosecutor believe that the driver who caused the crash was impaired by alcohol, prescription meds or illegal drugs like cocaine or marijuana — the consequences can be truly serious and very harsh.
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September 12, 2013

Repeat DWI Offenders Take Note: Penalties for Second and Subsequent DWIs Could Get More Strict

by Jonathan F. Marshall

Traveling the Garden State Parkway, coastal highways or city streets while legally intoxicated could be much more of a gamble in coming years for those who already have a drunken driving conviction under their belt. As New Jersey DWI-DUI defense lawyers, my firm understands the serious nature of any drunk driving arrest, not to mention the conviction that could follow. But for those already convicted of a first-time drunk driving offense, the next time might be even more expensive than it is today.

According to news reports, the New Jersey legislature is considering a piece of legislation that would increase the fines and other penalties well beyond what are on the books right now. As experienced drunk driving attorneys and skilled trial lawyers, we know that even with large-scale anti-DWI campaigns, frequent roadside sobriety checkpoints and high-saturation DWI patrols, the chances of someone being stopped and arrested for driving under the influence of alcohol are pretty good.

Whether one lives in Monmouth, Ocean, Sussex or Middlesex County; or if a driver is simply traveling through the Garden State, state and municipal police officers are always on the job looking for potentially drunk drivers. And while a patrolman cannot stop a car simply on a hunch that a driver is impaired by alcohol or prescription drugs, there are more than enough potential traffic and vehicle offenses happening on a regular basis to give a policeman any number of excuses to pull a drunk motorist over.
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September 9, 2013

New Jersey Drunk Drivers and Ignition Interlock Devices (FAQ)

by Jonathan F. Marshall

Those arrested for drunken driving here in the Garden State don’t have much to look forward to should a conviction for DWI be the end result. In addition to the hundreds and even thousands of dollars in monetary penalties, such as assessments, fines, insurance premium increases and court fees, the law also requires convicted drunk driving offenders to have an ignition interlock device placed on his or her vehicle for a period specified by the court.

As New Jersey drunken driving defense lawyers, I and my colleagues have the skills and experience necessary to represent individuals accused of operating a motor vehicle while intoxicated by alcohol, prescription drugs, or a controlled dangerous substance (CDS). While many people may not think that they have a chance to avoid a DWI or drug DUI conviction, the fact remains that if you don’t try, you won’t ever know what is or isn’t possible.

When it comes to being found guilty of a drunk driving offense, many of those people who are convicted receive not only harsh monetary penalties but also possible jail time or other punitive measures. One of the increasingly common penalties that individuals find themselves being ordered to follow by the court is the mandatory use of an ignition interlock device.
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July 26, 2013

Motorist Gets More than a Dozen Years Behind Bars following Eighth DUI Conviction

by Jonathan F. Marshall

We hear a lot about criminal recidivism, but a percentage of drunk drivers who have been caught and punished still can also have a difficult road ahead of them in terms of repeat offenses pertaining to DWI or drug DUI. As New Jersey drunken driving defense attorneys, I and my staff of experienced trial lawyers understand the difficulties faced by those who have one or more drunk driving convictions in their recent past.

Here in the Garden State, being a second- or third-time DWI or DUI offender does not garner much sympathy from the police or our courts. The same can be said for most other parts of the country. Take, for instance, the story of an out-of-state driver dubbed by the prosecution as the “Grim Reaper,” who was sentenced to 13 years in jail after being convicted of his eighth drunken driving offense.

Based on news reports, 43-year-old Timothy Morrow of Round Lake Beach, IL, was sentenced last May capping a quarter century of drunken driving arrests and convictions. According to court records, Morrow received his first DWI when he was only 17 years of age. Since that time, the local prosecutor in the drunk driving case against Morrow cited nine other incidents when the defendant was stopped for driving under the influence of alcohol, as well as two others involving boating under the influence (also known as BUI).
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July 20, 2013

Woman Charged with Another DWI After “Celebrating” Completion of DUI-related License Suspension

by Jonathan F. Marshall

Drunk driving defense attorneys such as myself and my colleagues can only help people just so much. When a driver makes a mistake or error in judgment and gets behind the wheel of his or her automobile while possibly intoxicated, a qualified DWI defense lawyer can be of great assistance in fighting a potential DWI or drug DUI charge. But after the case is closed, whatever the outcome, the choice to repeat the original episode is solely up to the driver himself.

As professional litigators experienced in representing motorists accused of operating a vehicle while under the influence of beer, wine, hard liquor or prescription drugs, we can only advise our clients to exercise discretion and not to end up in a similar situation in the future. Unfortunately, human nature is a tough thing to overcome with some individuals and many previously-convicted drunk drivers — or even those acquitted of driving while intoxicated — can end up on the hook again for being allegedly drunk behind the wheel in the future.

Here in the Garden State, multiple convictions for DWI-DUI have consequences much more serious than those for a first-time offender. While it’s no secret that harsh consequences await those convicted of a second- or third-time drunken driver, it also should not be a surprise that retaining a lawyer in such cases is usually the best course of action. Although no one can guarantee the outcome of any legal case, there are some compelling reasons to mount a strong defense for “first-timers.”
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April 18, 2013

DWI Defense News: Even Multiple Drunk Driving Convictions in New Jersey Don’t Enter Felony Territory

by Jonathan F. Marshall

Living, working and driving in the Garden State means that any motorist can become the focus of attention from a state patrol officer or a municipal policeman. The odds are, at some point in one’s driving career, any number of people from counties like Ocean, Middlesex, Monmouth, Bergan and Passaic will end up being stopped by a mobile police patrol for a driving infraction. Moving violations are one of the primary ways in which some New Jersey motorists end up being charged with DWI.

Whether one is arrested on the grounds of driving while intoxicated by beer, wine or hard liquor, or if the charges involve impairment through the use of either doctor-prescribed pharmaceuticals or an illegal substance such as marijuana, consulting a qualified drunk driving defense attorney should be the first thought. This is so true these days because of the heavy fines and statutory assessments imposed on a driver convicted of DWI or drug DUI.

As New Jersey DWI trial lawyers, I and my colleagues have decades’ worth of experience in representing those individuals who find themselves on the wrong side of the law following a drunken driving arrest. Many times, a New Jersey motorist has been driving his or her vehicle out-of-state when they are stopped for a minor traffic offense, but if they have had a drink or two, the police may take them into custody and charge them with DWI. For these New Jersey residents who have, penalties drunk driving can sometimes be more severe than in our own state, depending of course on the circumstances surrounding the arrest and the driver’s previous record.
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March 8, 2013

Driver Wins Legal Appeal After 7-to-15-Year Jail Sentence Following 15th DWI Conviction

by Jonathan F. Marshall

New Jersey’s drunken driving laws are rather stiff, to say the least, and more than one motorist has been caught off-guard by a seemingly simple traffic stop that then developed into a serious DWI arrest. But as experienced drunk driving defense lawyers, my firm understands that our state is not unique in this regard. All across the country, driving under the influence has become socially unacceptable to the point that DWI laws provide for harsh penalties for anyone convicted of operating a motor vehicle while intoxicated by alcohol or impaired by prescription medications (drug DUI).

A DWI or drug DUI arrest can spell trouble for almost anyone regardless of whether they live in Monmouth, Ocean, Passaic or Bergen County. The stiff monetary penalties, as well as the potential jail time, especially for multiple offenders, makes driving while intoxicated a risky undertaking to say the least. As New Jersey DWI defense attorneys, I and my staff of highly qualified trial lawyers understand the risks of getting behind the wheel anytime a person has had even one glass of wine or one bottle of beer.

There is no sense in taking a chance on being arrested for DWI, even when one doesn’t believe that he or she is intoxicated. In light of the zealous nature of our local and state police officers, which is matched only by the tough drunken driving laws of this state, driving under the influence can certainly be a foolhardy activity. Granted, many people may not realize that they are legally drunk, yet still end up facing the full force of New Jersey’s drunken driving statutes. In such cases, it is highly advisable to seek the counsel of an experienced legal professional.
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February 16, 2013

Caught Driving Drunk in New Jersey? Find the Right Attorney to Defend Your Rights

by Jonathan F. Marshall

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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