Third or Subsequent Offense DWI

February 11, 2011

NJ Drunk Driving Update: Multiple Drunk Driving Convictions? Consult with an Experienced DWI Defense Attorney

The old adage, “Where there’s one, there’s two,” can apply to many aspects of life. For motorists convicted of a first DWI offense, there is unfortunately the distinct possibility of being stopped at a future date and accused of driving under the influence of alcohol. For those individuals facing the possibility of multiple drunken driving convictions, you should definitely consider enlisting the services of a qualified DWI defense lawyer.

Whether an individual has been charged with a DWI or DUI in Essex, Atlantic, Bergen or Monmouth County, the consequences of multiple convictions remain the same and can be extremely detrimental to a person’s future. Careers have been forfeited, relationships have been destroyed and friendships lost over something as seemingly inconsequential as driving with a slight buzz.

But the penalties and consequences of a second or third DWI conviction are anything but trivial. My suggestion to anyone facing this kind of scenario is don’t make a bad situation any worse; take the necessary steps now to defend yourself in a court of law — consult with an experienced DWI defense attorney.

December 26, 2010

Multiple Convictions for Drunk Driving Can Make a New Jersey Driver’s Life More Difficult

by Jonathan F. Marshall

As Bergen, Ocean and Monmouth County attorneys who represent motorists accused of driving under the influence (DUI) of alcohol or prescription drugs, we can heartily say that there are potentially harsh consequences for individuals convicted of multiple times for drunken driving or operating a motor vehicle while under the influence of prescription medicine or even illegal substances, such as marijuana and cocaine.

There is a strong argument for mounting a compelling defense for first-time DWI and DUI charges, if only because subsequent arrests and convictions present an even more costly and potentially life-altering consequences. Even so, second- and third-time offenders may still ask themselves the question, “Why do I need a drunk driving lawyer?”

When it comes to multiple convictions for driving while intoxicated, the impact on one’s lifestyle and relationships may be greatly affected. It’s no secret that second, third and subsequent DWI convictions can result in far more serious consequences than that of one’s first-time offense.

December 8, 2010

New Jersey Motorists Convicted of Drunken Driving or Drug DUI Can Face Severe DWI Penalties

by Jonathan F. Marshall

Being stopped by a New Jersey state trooper or local municipal patrolman can be a nerve-jangling experience especially when a driver has perhaps imbibed some alcohol as part of a holiday celebration. Whether its beer or wine consumed at a local restaurant or hard liquor or cocktails shared at a neighborhood pub or bar, driving after drinking even a little alcohol can put a driver’s future in jeopardy.

Drunken driving, driving while intoxicated or operating a motor vehicle under the influence of alcohol or prescription drugs; whatever the phrase, a DWI or DUI conviction here in the Garden State can bring heavy penalties and fines, not to mention possible jail time. As a New Jersey drunk driving defense attorney, I and my colleagues provide council and representation to residents in Bergen, Ocean, Passaic and many other counties throughout the state.

Simply put, a drunk driving arrest begins a process that can be both embarrassing and costly to any driver unlucky enough to have been stopped for impaired driving. Even under the best situation, the business and social price of a DWI or DUI arrest and conviction can be devastating to a person.

October 19, 2010

Middlesex County DWI News: Four-time Convicted Drunken Driving Offender Hits Vehicle Driven by New Jersey Policeman

by Jonathan F. Marshall

Being a New Jersey DWI defense attorney, I can say that anytime a drunk driving arrest is connected to a motor vehicle accident things are going to be more complicated than a simple drunken driving traffic stop. This is not to say that being pulled over for driving while intoxicated is a walk in the park, but property damage and potential personal injury only make a DWI defense more involved.

Understanding that hitting another car while inebriated will complicate your life, consider recent news reports that described a man who allegedly struck a vehicle driven by a Middlesex County policeman. To make things worse for the driver, he had already been convicted for driving under the influence of alcohol four separate times in the past. Multiple offenses and hitting a police officer — not the best of circumstances to say the least.

According to the news, 43-year-old David Bennett was charged with multiple offenses after his vehicle apparently drifted over the double-yellow center line along Fresh Ponds Road hitting a light truck being driven by 37-year-old Laszlo Nyitrai, a South Brunswick officer who happened to be driving to work at the instant.

September 16, 2010

NJ Drunk Driving News: Out-of-State Motorist Pleads Guilty in Fatal Lower Township DWI Case

by Jonathan F. Marshall

According to news reports, anout-of-state driver charged in the drunk driving death of a driver from Lower Township, NJ, has pleaded guilty to that 2009 fatal crash. In addition, court records show that the defendant, 38-year-old John J. Lawless, had been charged with driving under the influence a total of eight times over the course of 13 years.

As a New Jersey DWI defense lawyer I know how serious a fatal drunken driving or drug DUI charge can be. In this case, the defendant was arrested after his vehicle struck another car driven by 50-year-old Frederick Shelton in September of last year.

Police reports show that Shelton’s vehicle was going southbound along Route 9 near Bennett’s Crossing, NJ, in Lower Township when Lawless’ vehicle came across the roadway’s centerline and smashed into Shelton’s car. Emergency responders arriving at the site of the crash pronounced Shelton dead at the scene.

July 20, 2010

Appellate Court: DWI Not a Crime under NJ Law Despite Jail Time for Certain Convictions

by Jonathan F. Marshall

If you feel that jail time for a drunken driving conviction merits DWI being categorized as a crime, and therefore a jury trial, you’re not alone. However, as stiff as sentences can be for driving under the influence, the Superior Court of New Jersey, Appellate Division, believes otherwise. A recent decision made that abundantly clear when Steven G. McLaughlin filed an appeal for a DWI conviction he received because his case was not heard by a jury.

As a New Jersey DWI defense attorney, I have heard defendants say they wanted a jury trial. This may not seem so odd, as many people believe that if jail time can be attached to a drunken driving conviction, then they deserve to have their case heard by a jury of their peers. Unfortunately, this latest ruling by the New Jersey Superior Court will probably put juried trials on hold for motorists accused of driving under the influence of alcohol.

According to court records, in October 2008, Stephen McLaughlin was denied his motion for a jury trial on his third charge of driving while intoxicated by the Law Division. This motion followed a trial in Brick Township back in September 2005 when McLaughlin was convicted of DWI, reckless driving, and speeding.

Upon appeal the man was again found guilty of all three offenses and was sentenced to 90 days in jail and 90 days of in-patient alcohol treatment for the drunk driving offense. This included a concurrent sentence of 30 days for the reckless driving charge. The court also ordered the man’s license to be suspended for 10 years, as well as being assessed related fines and court costs.

Following a third appeal and conviction, McLaughlin applied to the Law Division for a jury trial on his drunk driving offense. The trial judge in that particular appeal denied the defendant’s motion and ordering the immediate execution of the sentence previously imposed.

In the Superior Court’s decision, it stated that it rejected McLaughlin’s motion for exercise of their [sic] rights to indictment by a Grand Jury and trial by jury. While the defendant indicated he faced serious “quasi-criminal and civil consequences” as a direct result of the municipal court proceedings, the fact remains that defendant faces these stated consequences as a direct result of driving while under the influence for a third time and charged accordingly.
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May 14, 2010

DWI News: New Jersey State Police Trooper Gets Multiple Passes for Driving Under the Influence

by Jonathan F. Marshall

Being arrested, much less convicted, of drunken driving can adversely impact an individual’s personal and work life. In fact, careers have been ended by DWI convictions. This just one of many pitfalls as a result of being arrested for DWI or drug DUI here in the Garden State. As a New Jersey drunk driving defense lawyer, I know what happens to motorists arrested and charged with driving while under the influence of alcohol.

Having worked as a municipal prosecutor in years past, I am particularly sensitive when I read that a law enforcement officer has apparently taken advantage of their position to avoid punishment for an alleged crime. It’s a sad fact that many times police officers who enforce drunken driving laws will themselves get a “pass” from other officers if stopped for driving while intoxicated.

According to a recent news article, State Police Trooper Sheila McKaig was reportedly stopped 10 times for various offenses including DWI over a period of 14 months, yet she never received a citation in New Jersey for any of those incidents. The most recent one occurred in Atlantic City in 2008 when McKaig was let go after she was pulled over by another officer on suspicion of DWI.

January 24, 2010

Man Indicted for Fatal DWI Accident in Cape May had Seven Previous Drunk Driving Arrests

by Jonathan F. Marshall

Multiple drunken driving arrests or numerous DWI convictions can be devastating to a New Jersey resident’s driving record, much less a person’s life. When a traffic fatality is involved, the legal situation can become very serious very quickly. As a New Jersey drunk driving defense attorney, I and my colleagues have represented hundreds of individuals in drunk driving-related court cases. Many of these cases have had to do with the death of another person, which makes a DWI lawyer a necessity.

Recently an out-of-state motorist was indicted for what is referred to as aggravated manslaughter as a result of a fatal Cape May automobile crash in September of last year. According to news reports, John J. Lawless, 37, of Philadelphia was indicted on January 12 for aggravated manslaughter. The first-degree offense occurred on September 12 when Lawless allegedly killed Frederick Shelton, a Lower Township, NJ, resident.

Based on news reports, the chief assistant prosecutor in the case said that Lawless had a blood-alcohol content of 0.229 percent, which is nearly three times the legal limit in New Jersey. Authorities allege that Lawless was driving his Chrysler Sebring while intoxicated, when he veered into the southbound on Route 9 near Bennetts Crossing in Lower Township, hitting a Ford Escort carrying Shelton, his wife and the couple’s 13-year-old daughter.

January 12, 2010

NJ Drunk Driving Defense Update: Financial Impact of a DWI Conviction in New Jersey

by Jonathan F. Marshall

Driving while intoxicated, DWI or driving under the influence, whatever term you use it all adds up to lost driving privileges and extensive fines, not to mention possible job loss and being disgraced in the eyes of your family or local community. Here in New Jersey, being convicted of a drunk driving charge can result in a range of possible actions by the court to punish the convicted drunk driver.

As a New Jersey drunk driving defense attorney my firm represents hundreds of individuals every year in cases of driving under the influence of alcohol. A number of these cases involve human as well as social costs. Even under the best of circumstances, the financial cost of a DWI conviction can result in expensive court fines as well as higher insurance rates for years to come.

The stigma alone of a alcohol-related DWI or drug DUI conviction can affect a person’s standing in the community, possible loss of a job, or potential damage to relationships with family and friends.

November 28, 2009

New Jersey Drunk Driving Update: What is the Cost of a DWI Conviction?

by Jonathan F. Marshall

For those individuals who feel that a drunk driving conviction is a minor event, I have news for you. Whatever you call it — drunken driving, driving under the influence, DWI or driving while intoxicated — here in New Jersey there is a wide range of potential outcomes for someone convicted of drunk driving. Almost too many to list right here.

As a New Jersey drunk driving defense attorney, I and my group of legal professionals have represented literally hundreds of clients arrested for DWI over the years. You should know that even under the best circumstances, the personal price of a DWI conviction can be quite devastating. Living with the stigma of a drunk driving conviction on your record can affect a person’s standing in his or her neighborhood, company or professional organization. And there always exists the possibility of job loss, as well as the potential damage that such a conviction can have on familial relationships and those with friends.

Financially, drunk driving is potentially costly, as well. Penalties and fines for second and subsequent drunk driving convictions are certainly large, but even first-time offenders can feel the monetary pain of a conviction. Here are just a few of the typical monetary costs that you could expect to pay for a range of DWI offenses, according to the State of New Jersey (Please remember that jail time/community service could also be included, but is not included here).