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July 12, 2014

New Jersey Teens Playing with Fire? Underage Drinking/DWI can have Long-term Implications

One of the many questions we get from prospective clients comes actually from the parents of teenagers who are facing charges of underage DWI. The first thing we explain to the adults is that leaving the outcome to chance is never a good idea. While the individuals involved in such court cases may still be children, flirting with a drunk driving conviction at such a young age is certainly not kid stuff.

As New Jersey drunk driving attorneys, the legal staff at my law firm understands that kids may be kids, but being on the hook for a drinking and driving offense is no time to leave a case of underage DWI to an inexperienced lawyer. Our skilled attorneys have nearly 100 years of combined litigation experience. We know the implications of any DWI or drug DUI conviction and we are ready to offer recommendations to those motorists who seek our counsel.

In the area of underage drinking and underage DWI, we understand that parents are often frustrated by the choices that some of their children make, especially as they are quickly approaching adulthood. Quite frankly, we can appreciate that it is a full-time job these days just keeping some kids on the “straight and narrow” path. The irony is that many parents committed similar transgressions in their youth, which can sometimes result in them being even more strict when setting boundaries for their own children.
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July 11, 2014

Garden State DWI-DUI Update: Avoid Running Aground with a Boating While Intoxicated (BWI) Charge

by Jonathan F. Marshall

While some non-boaters probably don’t know that the State of New Jersey legal statutes have a specific section that covers operation of a watercraft while under the influence of alcohol, prescription meds or illicit drugs; however, anyone who does pilot a boat in state waters should be aware of the law that addresses such situations. As Garden State drunken driving defense lawyers, my colleagues and I know the downside to being arrested, charged and convicted of DWI, but it is important to note that BWI (boating while intoxicated) has its own consequences.

When it comes to operating a watercraft while under the influence, the BWI statute (specifically N.J.S.A. 12:7-46) acts very much like the automobile-related DWI law (N.J.S.A. 39:4-50). If a boater is charged with BWI, my firm is staffed with a group of highly skilled and experienced attorneys who know how to handle such cases. For instance, a qualified DWI-DUI lawyer should understand that in order for the state to prove a person is guilty BWI, three elements must be covered:

First and foremost, the prosecution must show that the defendant was actually operating the watercraft or vessel in question. Second, the alleged operation of said vessel must have occurred on waters within the legal jurisdiction of the State of New Jersey. Finally, the third element involves proving that the accused boater was legally under the influence of an intoxicating beverage; or a hallucinogenic, narcotic, or habit-forming drug.
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July 9, 2014

New Jersey Motorcyclist Injured in Toms River Collision Gets DWI Plus Several Drug-related Charges

by Jonathan F. Marshall

As a long-standing drunk driving defense law firm, the Law Offices of Jonathan F. Marshall have been helping motorists fight intoxicated driving and drug impairment charges for many years. If there is anything that my colleagues and I have learned during this time, it’s to never underestimate the role that fate can play in one’s life. We were reminded of this just a few days back when we ran across a news article about a motorcycle rider who started his evening as the victim of an automobile accident headed to the hospital and ended as the recipient of a DWI summons, as well as more serious charges of CDS possession.

Before we describe the incident, it is important to mention that police allegedly found more than 100 bags of heroin either on the motorcycle rider’s person or loaded onto his bike. In either case, being charged with heroin possession and/or distribution should not be taken lightly. As criminal attorneys, as well as drunken driving lawyers, my legal team is well aware that a conviction for heroin possession/distribution comes with very harsh penalties under New Jersey law.

In fact, possession of ANY amount of heroin, which is defined as a controlled and dangerous substance (CDS), is guilty a third degree criminal offense with possible jail time of up to five years. The fine for a conviction of Third Degree Heroin Possession, at upward of $35,000, makes the fines and statutory assessments for drinking and driving seem like a drop in the bucket. Needless to say, this is a very serious offense to be hit with.
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July 7, 2014

Garden State Drunk Driving Update: What to Expect During a DWI-related Traffic Stop

by Jonathan F. Marshall

Being arrested for intoxicated driving, especially if one is a law-abiding citizen, is nothing if not a traumatic and worrisome event. Motorists who are pulled over for traffic infractions generally are nervous to begin with, but if the driver knows that he consumed even a little alcohol previous to the police stop, that person’s anxiety level may be quite obvious to the patrolman in charge. As New Jersey trial lawyers and experts in the field of drunk driving defense, my legal staff is sympathetic to our clients’ situations, especially in cases where they believe they have done nothing wrong.

While it is often difficult to plan for an unforeseeable event, such as a DWI or drug DUI arrest, it is nevertheless a good idea to review some steps to take when such an occurrence does take place. Since most drunken driving arrests begin with a police stop for what is often a simple traffic infraction, it is wise to understand one’s rights under such circumstances.

When looking at what to do prior to and during a routine traffic stop, it is important to remain calm and react in a safe and predictable manner. This can begin the very first moment when a motorist notices that police cruiser following his or her car. Most drivers will likely see a patrol car in their rearview mirror just a short time before the officer switches on his emergency lights. In such instances, it is critical to act in a rational and intelligent fashion in order to demonstrate to the officer your ability to make intelligent and safe driving decisions from the onset.
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July 6, 2014

Alleged Drunk Driving Accident in Burlington County Leads to Driver’s Arrest for DWI, Drug Possession

by Jonathan F. Marshall

We won’t mince words here, because we know that being arrested for drunken driving (DWI) or drug impairment (drug DUI) in the Garden State cannot only be an unnerving and embarrassing experience, it can end up being a costly and burdensome event in one’s life. In fact, while some people may think that the worst is maybe several hundred dollars in fines, estimates regarding the long-term cost of a single DWI-DUI conviction show the cost more in the thousands of dollars.

When a person realizes that a conviction for driving under the influence can have that sort of financial impact, they almost don’t see the additional downside to having something like a DWI or drug DUI on their record. Negatives such as the loss of driving privileges for months at a time, having to hitch rides with friends and family to go anywhere during their license suspension, the possibility of being required to have an ignition interlock device (IID) installed once their license has been reinstated, and even jail time. It goes without saying that any one of these on its own could have a serious impact on one’s life and livelihood.

As New Jersey drunk driving defense attorneys, my legal team has been defending motorists accused of impaired driving for many years. We understand our clients’ concerns and we work hard to fight for your rights in court. It’s true that many people who have been charged with driving under the influence of alcohol or drugs might not have much hope of good outcome in court, we know from experience that receiving a DWI or DUI summons is not the end of the world, but it certainly needs professional attention.
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July 4, 2014

Somerset County Anti-DWI Police Activities in Full-force this July Fourth Weekend

by Jonathan F. Marshall

Operating a motor vehicle while intoxicated in the Garden State is dangerous for everybody, but it could be that much more risky — at least from a legal standpoint — due to the fact that drunk driving enforcement is a priority for the July Fourth holiday already in progress. Whether one travels though counties such as Sussex, Union, Mercer or Atlantic, or any other part of New Jersey, our highways, interstates, parkways and surface streets are currently experiencing greater than normal vehicular traffic; similarly, police DWI-DUI patrols are also increased for this long holiday weekend.

As New Jersey DWI and drug DUI defense attorneys, my colleagues and I fully understand the serious nature of any drunk driving or drug-related DUI arrest. Not even considering the possibility of a conviction for drunk or drugged driving, simply the stigma of being charged with driving under the influence can cause strife in a marriage, alienate one from friends and relatives, and even affect a person’s standing at work or in the community.

As experienced DWI lawyers, my legal team is ready, willing and able to fight for the rights of individuals who have been accused of impaired driving. We do so, not only because we believe in the law and our American legal system, but also because some arrests are faulty and can be proved so. During this time of the year, especially, drunken driving offenses are logged all across the Garden State. Much of the activity during weekends like the Fourth of July can be attributed to anti-DWI campaigns, which can include an increase in the frequency of roadside sobriety checkpoints as well as high-saturation DWI-DUI police patrols.
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July 1, 2014

Accused of Drugged Driving in New Jersey? It’s just as Serious as a DWI Offense

by Jonathan F. Marshall

Although being charged with drinking while intoxicated by alcohol is a very serious traffic offense, there are other activities that can get Garden State motorists in hot water rather quickly as well. The term impaired driving is often used as a catch-all for any number of offenses, such as DWI and DUI, but with the advent of cell phones, smartphones and even iPads and other portable tablets, being distracted while driving may soon be just another version of being impaired.

When it comes to the more traditional forms of impaired driving, the drug-related kind (or drug DUI) combines not only the charge of being impaired behind the wheel, but also the use and/or possession of a controlled dangerous substance (CDS). Overall, it goes without saying that driving under the influence of drugs is at least on a par with DWI in the eyes of traffic enforcement officers.

By law, specifically N.J.S.A. 39:4-50(a), any individual can be arrested for operating a motor vehicle while impaired by a hallucinogenic, narcotic or habit producing drug. Proof of impairment or intoxication due to CDS use is generally provided in the form of an expert opinion, however this requirement is currently relaxed during the ongoing appeals process in our state’s judicial system.
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June 29, 2014

For Some Garden State Drivers, a DWI Arrest is Just One Driving Error Away

by Jonathan F. Marshall

It goes without saying that many average motorists can become pretty rattled when a highway patrolman or even a local police officer pulls them over for a traffic offense. Because most people have little, if any, contact with law enforcement professionals in their daily lives, being confronted by any cop for an alleged moving violation can be a nerve-racking experience. As experienced New Jersey trial attorneys, my colleagues and I know very well how even the most minor of police stops can leave a driver trembling and second-guessing themselves.

Now, add the potential of intoxicated driving to the mix and you have a serious situation. The can be especially true when a motorist has just been at a restaurant or is returning home from visiting a party with friends or family. If any alcohol was consumed, there is always a possibility that the officer in charge may suspect the driver of DWI. When a state trooper or municipal patrolman asks for the details of one’s evening, having a couple drinks can turn a simple traffic summons in to a full-blown drunken driving arrest.

Leading up to an arrest, many times the police will request a motorist exit the vehicle to perform one or more of the standardized field sobriety tests, which may not always indicate correctly whether a person is impaired or not, but which is often relied upon when a policeman decides whether or not to make an arrest. Being nervous will quite often make the situation worse for a potential arrestee, since fumbling for documents and having a less-than-smooth vocal delivery can influence the outcome of a DWI stop.
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June 26, 2014

Morris County Police Blotter: DWI Accident Leads to DWI; Other Alleged Drunk Drivers Arrested

by Jonathan F. Marshall

A driver from the Dover area was recently taken into custody by officers from the Randolph Township Police Department after an investigation revealed that the driver may have been intoxicated at the time of the wreck. According to reports, patrolmen responded to a car accident along a stretch of Everdale Rd. earlier in the year when the suspect’s car plowed through a snow bank and hit a tree. The crash, as reported in a more recent news article, took place on March 22.

Based on information from the Randolph PD, one of the officers responding to the apparent single-vehicle crash noted that the driver allegedly had a “strong smell” of alcohol on his breath at the scene of the collision. Apparently, it was decided to charge the individual on several counts, including driving under the influence of alcohol (or DUI) and refusing to submit to a breathalyzer test, as well as reckless driving. There was no mention of a court date.

In another instance of alleged drunken driving, a resident of Rockaway, NJ, was stopped by local police after police received word of a motorist operating a motor vehicle in an erratic fashion, and allegedly almost striking a pedestrian in the process. Based on police reports, a 49-year-old local man was operating his vehicle in the mid-afternoon on school property, specifically the Morris Hills High School parking lot.
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June 22, 2014

New Jersey DWI News: Mothers Against Drunk Driving (MADD) Jump Into Ignition Interlock Fray

by Jonathan F. Marshall

Poised to testify in Trenton before the State Legislature’s Assembly Appropriations Committee, representatives from the anti-drunken driving group, Mothers Against Drunk Driving, or MADD, will state the case for pending legislation that could make ignition interlock devices (IIDs) mandatory for all convicted drivers regardless of prior convictions. The presentation by MADD is scheduled for tomorrow and is expected to echo those who have been pushing for changes to current state law to include the mandatory use of IIDs.

The proposed legislation, A 1368, which was introduced by Assemblywoman Linda Stender, would require ignition interlocks for every convicted drunk drivers, even first-offenders. While IIDs can be inconvenient and potentially embarrassing when installed on an individual’s vehicle, the legislation reportedly also includes changes to the license suspension requirements for those convicted of DWI.

As Garden State drunk driving defense attorneys, my colleagues and I know very well the serious burden that New Jersey’s current DWI-DUI statutes places on those individuals convicted of drunken drivers by requiring mandatory suspension of driving privileges for three months or more, depending on the number of prior convictions. Many argue that having a mandatory IID installation for every convicted offender is a small price to pay for NOT losing one’s driver’s license.
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