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May 29, 2014

NJ DWI-DUI Update: Don’t Let Summer Fun End with a Summons for Intoxicated Boating

It is probably safe to say that winter is over and done with here in the Garden State. Now, with summer officially in full swing, we feel obliged to remind readers that vacation revelry can lead not only to instances of drinking and driving, drug DUI and other related chargeable offenses, but it can also result in faulty judgment calls, especially during extracurricular activities such as power boating and sailing. As drunken driving defense attorneys here in Monmouth County, we know that drunk driving is just one of several potential violations that can and do take place along the Jersey Shore.

Many people who have visited this state’s fabulous ocean-side venues up and down the Garden State coast may already have experienced the embarrassment of receiving a DWI or drug DUI summons during a visit to the seashore. Those who came to enjoy boating and other watersports — either off the shoreline or in one of this state’s numerous waterways — may have found themselves being approached by law enforcement officers after a minor boating-related mishap or simple procedural error while negotiating New Jersey waters.

For some of those who may have imbibed a little bit before their encounter with local police, coastguard, or sheriff’s department personal may have found themselves cited for being intoxicated while piloting their watercraft. Boating while intoxicated (or BWI) has been an offense in New Jersey since the early ’50s. About twenty years ago, legislators in Trenton revised the BWI statutes to provide a handful of ways in which a boater can be charged with drunken operation of a vessel.
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May 27, 2014

As Summer Season Approaches, State and Local Police Begin Announcing DWI Sobriety Roadblocks

by Jonathan F. Marshall

With the days getting longer, many people already know that the summer driving season is fast on its way, and with it tens of thousands of vacationers — both local and out-of-state — heading to the Jersey Shore and other vacation venues. Now is the time when drinking and driving is a common topic in law enforcement circles throughout the state. Saturation patrols, drunken driving roadblocks and overall increases in anti-DWI enforcement are back as usual.

As highly experienced drunk driving defense lawyers, my colleagues and I have dedicated ourselves to assisting drivers who have been accused of operating a motor vehicle while intoxicated by alcohol or impaired by prescription or illicit drugs. Certainly, there is a percentage of motorists charged with DWI or drug DUI that believe they do in no way deserve being accused of such offenses. In such cases, it is possible that police may have made a poor judgment call based on faulty observations. In other instances, whether the driver was truly intoxicated becomes a serious point of contention due to a possible procedural error on the officer’s part.

Improper procedure, such as that required when conducting a breathalyzer test, can have a significant impact on the outcome of a drunken driving case, which can ultimately result in a dismissal or reduction in the charges. If the prosecution cannot clearly show that the officer made a proper traffic stop to begin with, this is also a potential avenue for a motion to dismiss the charges against the defendant. Naturally, the details of the incident and the facts presented at trial will have a great bearing on the judge’s decision in the case.
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May 25, 2014

Rutherford Driver Indicted for Vehicular Manslaughter after Fatal 2013 DWI Pedestrian Accident in Bergen County

by Jonathan F. Marshall

While many people know that drunk driving is a risky activity, to say the least, fewer know the true consequences of being found guilty of a DWI or drug-related DUI that results in bodily injury or death. As New Jersey DWI lawyers, we understand how frightening it can be to face potential jail time for what seems to be a simple error in judgment. Regardless of whether a defendant in DWI and drug DUI cases believes he or she is innocent of wrongdoing, the fact is that municipal prosecutors all across the Garden State pursue aggressive legal action against those motorists accused of drunken driving when tied to injury-related automobile accidents.

Whether you or a loved one have been accused of intoxicated driving combined with vehicular assault or death by auto charges, the value of having a qualified drunk driving defense attorney on one’s side is immeasurable when compared to the possible negative aspects of a DWI conviction. It goes without saying that the monetary penalties are often the least of one’s problems when faced with mandatory jail time following a guilty verdict in a DWI or drug DUI case.

Taking an aggressive approach to defending our clients, the legal team at the law offices of Jonathan F. Marshall recognizes that not every drunken driving case is as clear cut as the local prosecutor may have the court believe. Our skilled defense lawyers have nearly 100 years of combined litigation experience, all of which can make a difference when fighting serious charges of driving while impaired by alcohol, doctor-prescribed meds, or illicit drugs (otherwise known as controlled dangerous substances or CDS).

From time to time, there are certain DWI-DUI cases that present considerable challenge from a legal standpoint, especially those involving significant property damage or bodily injury. The most serious of these would be drunken driving-related traffic accidents resulting in the death of one or more individuals. It goes without saying that the penalties for DWI in an injury-related or fatal accident case are much greater than other DUI-DWI cases that do not include personal injury or possible claims of wrongful death.
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May 23, 2014

Monmouth County DWI Police Blotter: Middletown Twp. Police Charge Numerous Individuals with DWI, Other Offenses

by Jonathan F. Marshall

Middletown police filed multiple arrests in late April and early May for motorists in the area who were suspected of drunken driving and other DUI-related traffic offenses. As Garden State DWI defense lawyers, my team of experienced trial attorneys understand the fear and apprehension that a drunk driving arrest can cause the average person. But regardless of the circumstances under which a driver has been accused of intoxicated operation of a motor vehicle, the prudent course is often to contact a qualified DWI lawyer for advice and counsel.

Although the state of New Jersey has banned plea bargaining in cases of DWI and drug DUI, there are still instances where the state’s evidence does not hold up in court. As such, a skilled drunk driving defense lawyer has the litigation background and legal training to handle a DWI-DUI case and perhaps lessen or reduce the potential penalties following a drunken driving conviction. There are occasions where the court will dismiss a DWI charge, based on lack of evidence or improper police procedures that are specified by law.

As with many kinds of criminal and civil court cases, the secret to avoiding a conviction or obtaining a downgrade in charges, and therefore penalties, is identifying certain points that will help to undermine the prosecution’s case against the defendant. Interesting enough, many DWI and drug DUI charges arise from what began as a simple or relatively routine traffic stop.
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May 23, 2014

Bergen County DWI News: Police Officer Seriously Injured by Alleged Drunken Driver

by Jonathan F. Marshall

One doesn’t necessarily need a New Jersey drunk driving defense attorney to tell you that injuring or killing another individual in an alcohol or drug-related car accident can pose some serious complications to any DWI defense case. Even so, few people truly realize how serious the consequences can be for a drunken driving-related car or truck collision that involves injury or death.

As experienced Garden State drunk driving defense attorneys, my colleagues and I take our responsibility very seriously when we assist those who have been accused of a drug or alcohol-related impaired driving charge. We also use an aggressive approach when representing our clients in these kinds of serious DWI-DUI cases. From time to time we have clients who are defendants in DWI cases that involve an injury-related drunk driving accident. Whenever situations like this crop up, we highly recommend that those accused of DWI or drug DUI consult with a skilled trial lawyer experienced in drunken driving cases.

Here in New Jersey, the potential penalties following a conviction for a drunk driving accident involving serious bodily injuries or fatalities are significantly greater than the more run-of-the-mill DWI-DUI cases that are not injury-related. It goes without saying that DWI and drug DUI offenses that are tied to a fatal car crash carry the most severe punishments. For these kinds of cases, if the defendant is found guilty of drunken driving, the result will be felony conviction and mandatory prison time.
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May 21, 2014

Police in Ocean County Arrest Three Drivers in Separate DWI-related Incidents

by Jonathan F. Marshall

Three individuals were recently taken into custody around Ocean County on charges of drunken driving, though the circumstances were rather different for each of the motorists accused of DWI. As Garden State trials attorneys and professional drunk driving defense lawyers, the legal team at the law offices of Jonathan F. Marshall knows that DWI and drug DUI arrests can take place at any time of the day. As longtime advocates for motorists accused of driving while intoxicated, we also are well aware of the odd situations in which some people find themselves, which result in such encounters with the law.

Take the recent arrest of a 42-year-old Barnegat resident when he was observed by patrolmen asleep behind the wheel of his vehicle as it was idling in a McDonald’s fast-food restaurant drive-through. According to the news story we ran into, Stafford Twp. police were called to the scene of a possibly inebriated individual around 2pm on a Friday morning. Based on the police report, the driver had only moments earlier placed an order for some food with the staff at McDonalds when he apparently fell asleep while in line for his order.

The restaurant staff was unable to awaken the man, who apparently passed out in his car. Officers arriving on the scene reportedly roused the motorist and then charged him with driving under the influence of alcohol. He was also found to have had a number of outstanding warrants totaling more than $2,500. He was booked and eventually remanded to the Ocean County Jail in lieu of bail.
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May 19, 2014

Serious Penalties Await New Jersey Driver Convicted of Second DWI Plus Other Offenses

by Jonathan F. Marshall

There is no better advice that one could receive — at least when it comes to avoiding an arrest for DWI — than to not invite misfortune in the first place by simply not drinking before driving. That said, if one is arrested for and subsequently convicted of drunken driving, the penalties for driving under a suspended license, especially while intoxicated will not engender much compassion from any New Jersey court. Our laws here in the Garden State are very strict concerning drunken driving and drug DUI, and because of this there can hardly be a good reason not to consult with a qualified drunk driving defense lawyer when facing some serious charges.

As longtime New Jersey DWI-DUI attorneys, my colleagues and I are very familiar with penalties associated with first, second or subsequent drunk driving convictions. We also know that there are few situations where going it alone in a courtroom will result in a good outcome for a defendant. Here in New Jersey, there are no plea deals allowed in situations involving DWI or drug DUI charges, therefore understanding what one is facing before stepping into a New Jersey municipal courtroom is in most everyone’s best interest.

Of particular concern would be those motorists who already have one drunk driving conviction under their belt. While it is preferable to avoid a first conviction for DWI-DUI altogether, once on a driver’s record there should be a great incentive for a motorist to pick up the phone and contact a qualified DWI attorney should a second arrest occur. There is never a better time like the present to find out the legal ramifications of a second or third conviction when it comes to penalties in terms of monetary fines and that of potential jail time.
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May 17, 2014

Summertime is Almost Here, Yet Serious Penalties Exist Year-round for DWI in School Zones

by Jonathan F. Marshall

We’re fast approaching the first day of summer, when kids all over New Jersey will be running toward the exits of many primary and secondary schools. With warm weather finally here and families making vacation plans for the Jersey Shore and other summer fun spots, it is important to remember that school is still in session. And regardless of whether kids are in school or not, local and state police are still keen on pulling motorists over when they are observed making even the most basic of driving errors in a school zone.

Many drivers are likely aware that increased penalties exists for those drivers convicted of intoxicated operation of a motor vehicle while within 1,000 feet of school property, but what most people may not realize is that it makes no difference whether school is in session or if children are present or not, the enhanced monetary fines and other penalties for DWI in a school zone are always in effect.

As Garden State drunken driving defense lawyers, my firm’s legal team understands New Jersey DWI-DUI law. Potential clients visiting our offices can include those individuals who have been arrested for or charged with driving under the influence of alcohol, doctor-prescribed medication, or an illegal controlled dangerous substance (CDS). Whichever is the case, if convicted, a driver will be looking at some rather unpleasant penalties.
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May 16, 2014

New Jersey Police Joining Forces to Write Up Seatbelt Violators May Find Intoxicatedd Drivers Too

by Jonathan F. Marshall

Many motorists may not realize it, but we will soon be in the midst of another highway safety campaign here New Jersey. Just as law enforcement agencies throughout the Garden State have benefited from funding to enforce mandatory seatbelt laws, towns such as Wayne, NJ, up in Passaic County will see their police officers out on patrol looking for traffic violators. And, while this may not concern most people, what it means is that the heightened vigilance and, likely, increased manpower on our public roadways could result in an uptick in drunken driving arrests as well.

As Bergen County DWI and drug DUI defense attorneys, my colleagues and I are attuned to the goings on throughout the state of police actions that can result in greater than normal drunk driving arrested, impaired driving summonses and marijuana (and other CDS) possession charges. This latest campaign will begin on May 19 and run through the first of June. It also reminds everybody of the coming summer vacation season, when the frequency of DWI-DUI patrols are typically increased due in response to the annual influx of tourists and party-goers to the Jersey Shore and other venues.

According to a new article, one of a vanguard of driving safety campaigns was announced by the Wayne Township PD recently. The so-called “Click It or Ticket” campaign is tailored to increase the awareness of drivers and passengers alike regarding the state law that requires all passengers to wear a safety belt regardless of where they are seated in the vehicle. Even though violation of the Garden State’s seatbelt law is a secondary offense, meaning that a motor vehicle cannot be pulled over solely because a police officer observes a motorist or passenger riding “sans belt,” the larger volume of police patrols will likely make for a busy campaign of traffic enforcement.
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May 14, 2014

Fender-Bender or Simple Flat Tire… In Jersey, Either Can Lead to a Costly DWI

by Jonathan F. Marshall

The odds of receiving a drunk driving summons in New Jersey are not as slim as many might think, especially in cases where a driver may be returning home from a night out with friends and there is some alcohol in the driver’s system. Of course, one of the more tried-and-true ways to avoid a DWI arrest and related charges is to not get behind the wheel of any motor vehicle when one has had a couple of drinks, or more. At the same time, it is not unheard of to see motorists who have not had a drop of beer, wine or hard liquor end up being arrested for some kind of impaired driving.

As Garden State DWI-DUI defense attorneys, my legal team knows that the easiest way to find out whether one will be suspected of driving while intoxicated is to either get into an accident or drive in a (supposedly) careless or reckless manner. Even a simple vehicle equipment violation can open the door to scrutiny by a local police officer or state patrolman. Frankly, it doesn’t take much to get the attention of a law enforcement officer, no matter where one drives.

From the standpoint of the law, a motorist can be served with an impaired driving summons based on any number of alleged offenses, including consuming alcohol prior to hitting the road, ingesting an otherwise intoxicating substance, or operating a motor vehicle while under the influence of illegal drugs or even legal, and doctor-prescribed, medications.
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