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May 12, 2014

Sussex County Drunk Driving News: Vernon Police Arrest Several Individuals for DWI, CDS Possession

Most every motorist in the Garden State likely knows that drunk driving arrests occur quite often all around the state. But whether or not one travels through Bergen, Monmouth or Ocean County, or Passaic, Hudson or Middlesex, being stopped by the police for a traffic offense does not necessarily mean that a driver will be charged with driving under the influence, though the circumstances will often dictate the outcome of any traffic stop.

Occasionally, receiving a DWI or drug DUI summons can be a simple matter of timing. One must understand that feeling one is in the right will usually not alter the way a patrolman or state trooper views that particular situation. As we often suggest to family and friends, it’s better to err on the side of caution — by locating a sober ride back home or taking public transport — than to risk being stopped by the police and possibly end up with a charge of impaired driving.

As experienced legal professionals, my colleagues and I have seen our share of courtroom situations where a driver committed a minor traffic violation only to find himself under arrest for drunken driving an hour later and waiting at the police station for a responsible party to pick him up. If a person has had any amount of alcohol recently, there is no reason to take chances — not only with one’s physical safety, but also legally — by getting behind the wheel of an automobile while potentially intoxicated.
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May 9, 2014

Police Blotter: Police in Monmouth County Report DWI, Drug-related Arrests in Middletown, Red Bank

by Jonathan F. Marshall

As DWI defense lawyers, my law firm has for years provided legal services to individuals who have been accused of driving while intoxicated by alcohol, impaired by prescription medications, and other drug or alcohol-related traffic offenses. Regardless of the circumstances — such driving home from an after-work get-together at a local pub, traveling along the Garden State Parkway following a social event, or even returning from a family gathering at the beach — if a driver has consumed even a seemingly minor amount of beer or wine, the opportunity can always exist for a DWI-DUI arrest.

As anyone who reads articles from local news sources can likely attest, there are near-constant reports regarding motorists who have been charged with driving a car, truck or motorcycle while inebriated, as well as some involving arrests for marijuana possession or prescription medication-related drug DUI. As professional drunk driving defense experts, my staff has represented clients in a wide variety of criminal and civil cases.

From DWI-related auto accidents and underage drunk driving, to arrests use or possession of a controlled dangerous substance (CDS), my law firm has the legal background and the trial experience to assist motorists accused of any manner of alcohol or drug-related traffic offenses. Living and working in the Garden State, it is not difficult to notice police activity on our roadways day and night. The following incidents are just a few of the typical (and some not so typical) arrests that take place in counties from Hudson and Passaic to Ocean and Cape May.
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May 7, 2014

New Jersey Lawyer Found Not Guilty of Obstruction During Client’s DWI Police Stop

by Jonathan F. Marshall

A lawyer from the Salem County area was found not guilty of charges he obstructed police during a drunken driving stop involving one of his clients last fall. According to news articles, the attorney appeared in a Woodbury Heights municipal courtroom with his own lawyer to address the charges that he interfered with New Jersey state troopers after they had pulled a vehicle over in Pilesgrove Twp. last November 24.

According to court records, on the evening of November 24, state patrol officers responded to a report of a hit-and-run traffic accident along a stretch of Point Airy Rd. in Salem County. Arriving at the scene, officers found a pickup truck matching the description of a vehicle allegedly involved in the earlier hit-and-run incident. The state trooper first on the scene stated to the court that the driver, 53-year-old local resident David Stout, began to exit his truck as she approached the vehicle, but got back into the truck when requested by the officer.

Based on news reports, the state troopers had been interviewing Mr. Stout for just a few minutes when a second civilian vehicle pulled up to scene. A man identified as Stout’s lawyer exited the passenger side of the second car, allegedly to advise his client to remain silent. Much of the event was apparently recorded by the state trooper’s dash-mounted video camera, according to police reports.

May 5, 2014

Garden State DWI Defense: Even Underage Drivers Should Avoid a Drunk Driving Conviction

by Jonathan F. Marshall

Everyone who holds a New Jersey driver’s license should know that a driving while intoxicated (DWI) or driving under the influence (DUI) charge is nothing to take lightly. In fact, drunken driving and drug DUI charges can carry with them severe consequences if a motorist is found guilty in a court of law. As Garden State drunk driving defense attorneys, my legal team is experienced in representing drivers who have been accused of these and other serious motor vehicle-related offenses.

One area of DWI law pertains to those drivers who have not yet reached legal drinking age, but for whatever reason have been charged with drunken driving. A person under the age of 21 can be convicted of DWI with a blood-alcohol concentration (BAC) of just 0.01 percent or more. This may seem like a rather harsh lower limit (especially when compared to the “normal” 0.08 percent for drivers 21 years of age or over), however this is the law and anyone who is underage and driving should seriously consider the consequences of being caught with even this small amount of alcohol in their system.

The penalties for underage DWI are listed in the New Jersey legal statutes (under N.J.S.A. 39:4-50.14). The law states that any person under legal drinking age who operates a car, truck or motorcycle with a BAC of 0.01 percent, but below 0.08 percent shall forfeit his right to operate a motor vehicle in New Jersey. This also applies to individuals who have not yet attained their operator’s license, since the statute specifically states that someone found to have an illegal amount of alcohol in his or her bloodstream shall be prohibited from obtaining a driver’s license for between 30 days to three months.
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May 4, 2014

Linden County Police Arrest Driver for DWI after Chase through Union and Middlesex Counties

by Jonathan F. Marshall

Most people will never end up in a situation where fleeing from the law becomes a perceived option, but it is not unheard of to see the results of a police chase end with an arrest for drunken driving. While alcohol may reduce an individual’s ability to safely control a motor vehicle, it can also reduce one’s inhibitions. As local and state police officers already know, a truly intoxicated driver can often make decisions that most people would usually think twice about.

As Garden State DWI and drug DUI defense attorneys, my colleagues and I are often called upon to assist accused drunk drivers. Many of these individuals believe that they were unjustly charged with a serious drunken driving offense by a law enforcement officer. While some people may choose not to fight a DWI-DUI summons, others believe that they deserve the right to state their case in a court of law. For a smaller percentage, the choice of retaining a qualified trial lawyer may be driven by other, even more serious concerns.

Fleeing a patrolman can often complicate one’s DWI defense, if only for the reason that high-speed chases increase the opportunity for bodily injury, not only to the driver himself, but to the officers and bystanders who may be caught up in a potential traffic accident as a result. New stories like the one we read just last month point up that fact that these types of incidents can and do occur here in New Jersey from time to time. In this particular instance, the subject of the chase was an out-of-state man who allegedly stole the vehicle he was driving.
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May 2, 2014

Garden State Drunk Driving Law Update: Jersey Motorists Charged with DWI Should Seek Help

by Jonathan F. Marshall

Considering the zealousness with which New Jersey law enforcement pursues drunken drivers, it’s not hard to imagine that local prosecutor’s offices are equally dedicated to convicting accused drunken drivers. With that in mind, it is important to remind anyone who has been charged with an alcohol- or drug-related driving offense that consulting with a qualified DWI-DUI defense attorney is often a good idea.

Our law firm serves the residents of New Jersey in counties such as Bergen, Monmouth, Ocean and Middlesex, among others. My colleagues and I know the ramifications involved with a DWI conviction — even on a first-time offense — not only in terms of the financial impact that may await a defendant, but also the potential social stigma attached to a drunk driving conviction. This is in addition to possible jail time, as well, though with the assistance of a skilled drunk driving defense attorney the odds of serving time behind bars is greatly reduced.

Even with the potential penalties hanging over the head of a motorist accused of DWI or drug DUI, quite a few drivers may still wonder whether or not hiring a New Jersey DWI lawyer is worth the trouble. This is because many drivers who are facing a DWI summons may simply consider the battle already lost once the charges are lodged against them. As experienced trial attorneys, we must say that there are numerous arguments why individuals should consider fighting a drunken driving charge.
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April 29, 2014

Out-of-State Driver Charged with DWI following Fatal Traffic Accident in West Windsor, NJ

by Jonathan F. Marshall

Defending drivers accused DWI in here in the Garden State is a task best left to skilled legal professionals such as the experienced DWI and DUI defense lawyers here at the Law Offices of Jonathan F. Marshall. My trained legal team is well-versed in the legal statutes of the State of New Jersey, which include our state’s drunk driving laws. For anyone who wonders if the choice to drive drunk is ever a good one, consider the serious financial penalties and punitive measures that exist to deter people from operating a motor vehicle while intoxicated by alcohol or impaired by some kind of narcotic or illegal substance.

Not long ago, we ran across a news article that illustrated the extremely sad results of an alleged drunken driving episode. With the dozens of DWI and drug DUI summonses that are issued every week by police all across the state, a significant percentage of alcohol- and drug-related traffic offenses involve property damage and bodily injury; a subset of these DWI-related incidents sometimes result in a fatality. Whether a charge of impaired driving involves alcohol, doctor-prescribed medication, or an illegal substance (such as marijuana or cocaine), having an experienced professional by one’s side is often essential, especially in situations of death or serious injury.

According to news articles, a well-known area benefactor and avid cyclist was killed in a reportedly alcohol-related automobile accident along a stretch of Rte 1 back in March. The crash, which took place on a Thursday evening, was allegedly caused by a drunken trucker in a commercial vehicle. Based on police reports, 67-year-old Charles Inman died when his vehicle was struck from behind by a Mack truck driven by a 65-year-old Pennsylvania man.
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April 28, 2014

Hackensack Judge Upholds Motorist’s Third DWI Conviction, Sending the Defendant to Jail for 180 Days

by Jonathan F. Marshall

There are many good reasons to retain the services of a qualified drunk driving defense attorney — facing a possible third conviction for driving while intoxicated is definitely one situation that almost demands the assistance of a skilled legal professional. Yet for many people, the perceived expense of hiring a lawyer may make them wonder if it is cost-effective for a first-time offense. While there may be some argument for going it alone, this strategy rarely works out for most people in the long run.

For instance, some motorists who have been slapped with a summons for operating a motor vehicle while intoxicated believe, incorrectly, that plea bargaining on a DWI or drug DUI charge is still possible. Unfortunately, choosing to speak directly to a municipal prosecutor simply will not work. This is because every municipal prosecutor’s office in the Garden States has been precluded by the New Jersey Attorney General from entering into any plea agreement with an accused drunk driver.

For the above-mentioned reason alone, it is often critical for anyone facing the stiff penalties that can come from a drunken driving conviction to seriously consider retaining an experienced DWI-DUI defense lawyer. With years of legal training and courtroom experience, the professional legal experts at my law firm have the background that few, if any, laypeople possess. In fact, my legal staff has nearly 100 years of combined criminal and civil litigation experience.
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April 26, 2014

Drunken Driving Defense Update: Beware the Catch-all Careless Driving Offense

by Jonathan F. Marshall

For the average motorist, a conviction for even a first-offense DWI can represent a serious hit to one’s pocketbook. Here in the Garden State, drivers who have been charged with driving under the influence of alcohol can face fines upward of $500, depending on the defendant’s blood-alcohol concentration (BAC). Yet, these fines are hardly the worst penalties that an individual can experience if convicted for drunken driving; considering the substantial and long-term mandatory increases in one’s insurance premiums, the financial pain of a DWI or drug DUI guilty verdict can be extended for several years beyond any initial conviction.

Monetary penalties aside, there is always the possibility of jail time, which can be significant depending on the offense. While even a first-time drunk driving offender can face jail time — upward of 30 days — this undesirable penalty can often be avoided when choosing an experienced DWI defense lawyer to act as one’s legal representative. It is not uncommon, in such instances, for a convicted drunken driver to be ordered by the court to participate in a program at the Intoxicated Driver Resource Center (IDRC).

Convictions for second- and third-time offenses brings even more serious penalties, with fines upward of $1,000 and a required 30-day stint of community service. Following a conviction for a second offense, there is a mandatory period of incarceration ranging from two days to three months. It is important to note, however, that “incarceration” does not necessarily mean jail time here in the Garden State; a skilled DWI attorney can sometimes persuade the court to substitute a stay at the IDRC in place of a jail term. Note that when personal injury or some other unique circumstance is connected with a DWI charge, jail time can often be unavoidable following a possible conviction.
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April 23, 2014

New Jersey Motorist Charged with DWI after Out-of-State Police Traffic Stop for Speeding

by Jonathan F. Marshall

While not as common as in-state traffic stops, more than a few Garden State residents get caught every week by police in nearby states for any number of traffic violations. Although a speeding ticket or citation for a vehicle equipment violation may not weigh heavy on the mind of some individuals, being arrested for drunken driving — whether her in New Jersey or somewhere out-of-state — can cause one to seriously consider the present and future implications of a potential DWI or drug DUI conviction.

It is a fact that as a licensed driver here in New Jersey, a motorist is required to obey the traffic laws and rules of the road here, as well as in other states in which one operates a motor vehicle. The sharing of DMV information between law enforcement agencies across the country has made out-of-state violations just as relevant as if they occurred in one’s own home state. This means that even if a New Jersey driver violates a traffic law out-of-state that he or she will still be subject to penalties, points and license suspension within New Jersey.

For reference, there are two interstate agreements that affect drivers when operating their vehicles in a state other than their own. The first is known as the “Driver License Compact,” which is an agreement between 45 of the 50 states in the Union, as well as the District of Columbia, that governs certain traffic violations and license suspensions for non-residents. Essentially what this means is that when a motorist is convicted of a traffic violation in a state other than the one where he or she resides, the non-resident state will report that conviction to the appropriate agency in the motorist’s home state.
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