New Jersey DWI Lawyer Blog
It goes without saying that drunken driving is a much more serious offense than the typical traffic infractions that can be the precursor of a DWI arrest. In fact, given the choice, most individuals who have been convicted of driving a motor vehicle while under the influence of alcohol or drugs would probably have been much happier with a citation for speeding, improper lane change, or vehicle equipment infraction. The bottom line is that being accused of DWI or drug DUI opens the door to costly fines, fees and assessments, depending on the circumstances.
Although being pulled over for most any traffic offense can be an unnerving experience, being arrested subsequently for DWI or drug DUI can turn an embarrassing and upsetting event into one that is much more frightening. Never mind the potential for a conviction — and its associated serious and expensive consequences — the impact of simply a DWI arrest on one’s personal relationships and professional life can also be quite significant.
As New Jersey drunk driving lawyers, the attorneys at our law firm are skilled in the defense of Garden State motorists who have been hit with a DWI or drug DUI summons, charged with breath test refusal or arrested for possession of a controlled dangerous substance (CDS) in a motor vehicle. Our job is to review a client’s case and look for any significant legal issues that may damage the prosecution’s arguments as the state strives to achieve a guilty verdict.
From this, one can understand that from the standpoint of an experienced DWI lawyer, the secret to a successful defense is identifying issues that undermine the state’s case against the driver who has been accused of intoxicated driving. This is also where special training in DWI- and drug DUI-related areas, plus a great deal of courtroom experience can prove invaluable. At the law offices of Jonathan F. Marshall, our lawyers have drunken driving defense credentials that are second to none.
We are well versed in the operation and maintenance of breathalyzer devices, such as the Alcotest 7110, and we understand the science behind the taking of blood-alcohol content (BAC) measurements. Our attorneys also know what standards must be met by police officers when administering BAC tests, as well as the procedures for conducting the standardized field sobriety tests, which are often given during roadside traffic stops.
Naturally, the results of any given drunk driving defense is dependent on the particulars of the specific DWI arrest, as well as the motorist’s prior driving record and any pervious DWI or drug DUI convictions. We often consider this whenever we read a news report of a drunk driving or drug DUI arrest that occurs in counties such as Bergen, Passaic, Ocean and Monmouth. Take, for instance, an article from earlier this fall, which mentioned a police arrest of a woman from Toms River who was charged with DWI, and who apparently had outstanding warrants at the time of her arrest.
According to the brief news report, police responded to a call from a concerned citizen who advised officers of a car allegedly being driven in a careless manner along a portion of southbound Lakeside Dr. in Lacey, NJ. Based on the police report, the 31-year-old driver taken into custody a little after midnight once officers came upon her disabled vehicle, which had a flat tire at the time, located in a retirement community. The patrolmen described the driver’s condition as “incoherent,” according to a report by police. The incident took place in the Pheasant Run retirement community at a little past midnight on a Friday morning.
The woman was arrested after police determined that she was apparently intoxicated. She also allegedly had outstanding warrants from both the Ocean County Sheriff’s Department as well as the Tinton Falls PD. There was no mention of any specific blood-alcohol content (BAC), but it was stated that the driver did not provide the officers with any breath samples; she was eventually charged with drunken driving, however. Due to the outstanding warrants, she was taken to the Ocean County Jail.
Toms River Driver Found ‘Incoherent’ Arrested for DWI, Warrants; Patch.com; September 25, 2013