New Jersey DWI Lawyer Blog

June 26, 2019

Woman who crashed into Pizza Restaurant in Camden County Charged with DWI

Drunk driving charges can impact virtually every aspect of your existence. If you’ve been arrested for driving while intoxicated (DWI), you need to call a New Jersey DWI attorney immediately. While an arrest for DWI can seriously interfere with your life, a DWI conviction can be even worse. You may lose your driver’s license, be required to pay substantial fines and you can even face jail time. Because the stakes are so high, DWI charges should never be taken lightly. With extensive understanding of the state’s drunk driving laws, you can take comfort in knowing that we will provide an aggressive defense in your case.

A 34-year-old New Jersey teacher was charged with a DWI after crashing her car into a pizza shop in Camden County last month. Footage of the incident shows the woman barreling her car into the front of the store. The accident destroyed much of the store and left three employees inside the restaurant with minor injuries, according to the prosecutor’s office. The driver was taken to the hospital by authorities where she consented to a blood draw. Her blood alcohol concentration (BAC) was determined to be .195, more than twice the legal limit. The pizza restaurant is now closed until further notice.

As in other states, a person in the state of New Jersey can be charged with a DWI if he or she exceeds the legal intoxication limit. Under state law, a driver who is found to be operating a motor vehicle with a BAC 0.08 percent of higher can be held liable for a DWI. You should be aware, however, that a DWI charge is not limited to alcohol consumption. Any substance that reduces a driver’s reaction time or hinders a person’s ability to drive safely can lead to a DWI as well. This includes mind-altering substances such as marijuana, and other illegal drugs, as well as over the counter or even prescription drugs.

June 19, 2019

MIT Student Home for Summer Killed by Alleged Drunk Driver in Old Bridge

by Jonathan F. Marshall

Driving while intoxicated (DWI) is a serious offense in New Jersey and it is even more problematic if someone gets hurt. If a person is injured or killed because of a drunk driver, that driver will be charged with assault by auto, which is an extremely serious criminal charge. An arrest for assault by auto should be handled properly from the get-go. No one understands this better than our experienced New Jersey DWI attorneys. We will meticulously examine the facts of your case and help defend your rights at every stage of the legal process.

A 19-year-old MIT student, who was home in New Jersey for the summer, was recently killed in a head-on crash caused by a suspected drunk driver in Old Bridge. The teen, who was offered a full scholarship to both MIT and Yale University, had her promising future tragically cut short when the other driver traversed the double yellow lines at a high rate of speed and slammed into the her vehicle head-on. The MIT student was behind the wheel and her 15-year-old sister was in the car as a passenger at the time of the accident. Both of them were rushed to Robert Wood Johnson University Hospital in New Brunswick, where the older sister was pronounced dead. The passenger survived and was treated for her injuries. According to officials, the suspected drunk driver attempted to walk away from the scene of the crash but was apprehended by police while doing so. He now faces multiple charges including vehicular homicide, leaving the scene of an accident, assault by auto and DWI.

New Jersey law has specific provisions for assault cases involving automobiles. A person is typically charged with assault by auto when his or her reckless driving causes injury to another person. For behavior to be deemed ‘reckless,’ it must involve actions that show an extreme indifference to the welfare of others. Examples of reckless conduct include excessive speeding, driving under the influence of drugs and alcohol, or refusing to submit to a breath test. If an assault by auto charge involves driving under the influence of alcohol, the charge is much more serious. If an assault by auto case causes “serious bodily injury” to another person due to a DWI accident, the charge is a Third Degree criminal offense. In such cases, the defendant faces 5 to 10 years in jail.
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June 12, 2019

One-third of Teens Have Ridden with an Impaired Driver, Study Finds

by Jonathan F. Marshall

Driving while intoxicated (DWI) is a serious offense and a conviction can have serious negative effects on an individual’s life. If you have been arrested for driving under the influence of drugs, it is critical that your rights are protected. Our experienced New Jersey DWI attorneys will examine the facts of your case and prepare a vigorous defense in your legal matter. We understand that it seems like the laws are stacked against you, but we know how to find weaknesses in the prosecution’s case that can be used to your advantage.

A new study indicates that riding with an impaired driver is common among young adults. In fact, 33 percent of those who graduated from high school recently admitted to riding in a vehicle with a substance-impaired driver at least once in the last year. The research was conducted using reports from the National Institute of Child and Human Development’s NEXT Generation Health Study, which examined data from a study that spanned seven years and included information on more than 2,700 US adolescents beginning at grade 10.

The study, which was published in the Journal of Studies on Alcohol and Drugs, also found that young adults are more likely to ride with a driver who is impaired by marijuana (23 percent) than a driver who is impaired by alcohol (20 percent). In addition, about 6 percent of young adults had gotten into an automobile with a driver impaired by harder, illicit drugs (i.e., cocaine). Researchers point out that those who have gotten into a vehicle with an intoxicated driver in the past are more likely to drive under the influence themselves and have a greater likelihood of riding with an intoxicated driver in the future.

June 5, 2019

100 Deadliest Days for Teenage Drivers Have Started in New Jersey

by Jonathan F. Marshall

For teenagers across New Jersey and the U.S., the beginning of summer generally means more time and freedom to do what they want. Unfortunately, DWI arrests and traffic deaths for teens seem to spike during this time frame as well. If you or your loved one has been placed under arrest for an underage DWI, you should call a New Jersey DWI defense attorney as soon as possible. These charges are extremely serious and can negatively affect almost every aspect of your life, including your future education, employment, and even housing opportunities.

According to an AAA study, more than 1,000 people are killed in accidents involving a teen driver between Memorial Day and Labor Day – a period known as the 100 Deadliest Days of summer. On average, about 10 deaths a day are reported, which is a 14 percent spike compared to the rest of the year. AAA says that that speeding is the biggest contributor to these deadly accidents, followed by impaired driving. In fact, impaired driving was cited as a factor in about 17 percent of deadly accidents involving a teen driver, which is even more alarming because teenagers are not legally allowed to consume alcohol. AAA data reveal that about one out of six teen drivers involved in a deadly accident over the summer months tested positive for alcohol.

In New Jersey, there is a DWI statute for underage offenders. You can be charged with an underage DWI, commonly known as a “baby DWI,” if you are under the age of 21 and are operating a motor vehicle with a blood alcohol content (BAC) of 0.01 percent or higher. It is important to note that if your BAC is 0.08 percent or higher, you will be charged with a regular DWI in addition to the underage offense.

May 28, 2019

“If You Feel Different, You Drive Different,” New Traffic Campaign Targets Drug Impaired Drivers

by Jonathan F. Marshall

If you are facing driving while intoxicated (DWI) charges in New Jersey, you are at risk of losing your driver’s license, paying hefty fines and even going to jail. The stakes are too high and a DWI conviction can negatively impact virtually every aspect of your life. If you or someone close to you has been charged with a DWI, you need to consult our aggressive and knowledgeable New Jersey DWI attorneys as soon as possible.

The National Highway Traffic Safety Administration (NHTSA), along with other organizations, recently announced a national campaign to raise awareness about marijuana-impaired driving. The campaign’s motto, “If You Feel Different, You Drive Different,” hopes to encourage drivers to recognize that they should not drive under the influence of marijuana. NHTSA’s newest national roadside evaluation highlights that from the years of 2007-2013, there was an almost 50 percent spike in weekend nighttime drivers who tested positive for some type of marijuana. Part of the campaign’s purpose is to emphasize that while it may be legal to use marijuana in your state, it is still illegal to get behind the wheel under the influence of the drug.

In New Jersey, it is against the law to drive a motor vehicle under the influence of any drug that hinders your ability to drive in a safe manner. In fact, you can still be charged with a drug DWI even if you had a valid prescription so long as the prosecutor can show that the drug impaired your ability to operate a motor vehicle. This law does not specify a certain amount of drugs that must be in your system and, unlike alcohol content, which can easily be measured by a breath test, there is no standard test to figure out if you are under the influence of drugs. Rather, you can be charged with a drug DWI if you seem impaired by drugs to the arresting officer.
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May 20, 2019

Drivers Using Prescription Opioids Twice as Likely to be in Deadly Car Crash

by Jonathan F. Marshall

If you have been arrested for or charged with drugged driving, you need to contact a reputable and diligent New Jersey DWI attorney immediately. Not only do these charges have the potential to ruin your reputation, a conviction could jeopardize your current and future educational, housing and employment opportunities. Understanding how high the stakes are, we will aggressively advocate for you every step of the way.

Unless you or someone close to you has struggled with opioid addiction, it can be easy to overlook the seriousness of the problem. A recent study published in the Journal of the American Medical Association (JAMA) revealed that drivers using prescribed opioids are 2.18 times more likely to be in fatal two-vehicle crashes than those who are not using the drugs. The study examined 18,321 driver pairs who lost their lives in two-vehicle crashes between 1993 and 2016. The findings revealed that 54.7 percent of the drivers who died tested positive for prescription opioids and these drivers caused the crash because they veered out of their lane. Sadly, crash initiators with prescription opioids in their system have increased from 2 percent in 1993 to 7.1 percent in 2016. Research shows that opioids can seriously impair a driver’s ability to drive safely causing them to feel woozy, sleepy or even sedated.

Under New Jersey law, a person can be charged with driving under the influence of drugs if the prosecutor can establish that the person was impaired while operating a motor vehicle. This is true even if the drug was an over-the-counter or prescription drug. In other words, you can be charged with a DWI so long as the prosecutor can show that the drug impaired your ability to drive safely.
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May 15, 2019

New Jersey School Bus Driver Arrested for DWI after Accident Injures Multiple Students

by Jonathan F. Marshall

School bus drivers must be extremely careful behind the wheel as they are responsible for transporting children to and from school safely. If you are a school bus driver who has been charged or arrested for driving while intoxicated (DWI), we can help. Our New Jersey DWI attorneys will scrutinize the details of your arrest and build an aggressive defense on your behalf.

A New Jersey school bus driver was recently charged with a DWI after an accident that injured eight students. The wreck took place in the morning while 28 students were on the bus. According to law enforcement, the bus driver was under the influence of prescription medication when she struck another bus from behind at a New Jersey school while she was dropping the children off. Put another way, the bus driver failed to stop in time and ended up hitting the back of the empty bus parked ahead of her. The driver was charged with DWI, DWI in a School Zone, DWI through a school crossing as well as DWI with a minor in the vehicle.

New Jersey has strict DWI laws. A person who is 21 year of age is considered to be driving while intoxicated if his or her blood alcohol content (BAC) is 0.08 percent or higher. Commercial drivers, including bus drivers, are considered to be legally intoxicated if they are operating their vehicle with a BAC of 0.04 percent. These commercial DWI laws are in place to discourage people from drinking even small amounts of alcohol before getting behind the wheel in an effort to reduce accidents on the road.

May 7, 2019

Underage Drinking and Driving on Prom Night is a Serious Problem

by Jonathan F. Marshall

For most American teenagers, prom is an important rite of passage. And for high school students in New Jersey, it is no different. While prom is an exciting and memorable time in one’s life, it can also be a very dangerous time if teenagers are not responsible. If your teenager has been arrested for drinking while intoxicated (DWI), it is imperative to consult a seasoned New Jersey DWI attorney without delay. We don’t believe that a simple mistake should cost your child his or her entire future, which is precisely why we will help you mount a vigorous defense in your case.

Sadly, there are a number of startling realities about the use of alcohol among teenagers on prom night. According to the National Highway Traffic Safety Administration, approximately 300 teens have died in alcohol-related auto accidents during prom weekend over the past several years. A 2014 survey published by the American Automobile Association (AAA) found that 31 to 41 percent of teenagers said it was likely that they or their friends would use alcohol or drugs on prom night. Perhaps the scariest part is, according to Students Against Drunk Drivers, more than 85 percent of teenagers told their peers they are more likely to drive impaired than call their parents because they are scared of getting in trouble.

In New Jersey, drivers under 21 are legally impaired when their blood alcohol content (BAC) is .01 percent or more. This is a lower BAC limit than for individuals over 21 years of age, who are considered to be legally drunk when they have a BAC of 0.08 percent or higher.
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April 25, 2019

Elderly Driver Tries to Flee the Scene of an Accident After Striking a Pedestrian

by Jonathan F. Marshall

New Jersey drunk driving laws are among the strictest in the country. If you have been arrested or charged with driving while intoxicated (DWI), our skilled New Jersey DWI attorneys have the requisite experience to defend you and seek the best possible results in your case. With extensive knowledge about this area of law, we are committed to providing reliable and honest legal advice every step of the way.

A 66-year-old man was recently charged with a DWI as well as second and third-degree Assault by Auto in Hoboken. The charges were brought after the man tried to flee the scene of a fender bender and drove onto the sidewalk, striking a pedestrian. According to law enforcement, the initial accident took place around three in the afternoon after which the driver attempted to leave the scene, hitting a pedestrian before hitting a building. The pedestrian was a 56-year-old man from Brooklyn who had been standing by a stop sign; he was seriously injured as a result of the crash. The investigation is currently ongoing.

In New Jersey, a person can be charged with a DWI when he or she operates a motor vehicle under the influence of alcohol or drugs. The legal limit for alcohol-related intoxication in New Jersey is 0.08 percent blood alcohol concentration (BAC). Even if you were not officially over the legal limit, prosecutors can use performance on field sobriety tests or other officer observations to show that your ability to drive was compromised.

April 22, 2019

New Jersey DWI Charge or Conviction Could Lead to Deportation of Undocumented Immigrants

by Jonathan F. Marshall

Immigration is and has been a hot button issue for some time. When an undocumented immigrant or a foreigner gets arrested for driving while intoxicated (DWI), the consequences can be dire. In fact, a DWI stop, arrest or conviction for an undocumented immigrant could result in deportation. If you have been arrested for a DWI, whether you are an undocumented immigrant or are in the US on a visa, you need to consult a seasoned New Jersey DWI attorney without delay.

The federal office of Immigration and Customs Enforcement (ICE) conducted targeted raids in tens of New Jersey municipalities last month, targeting undocumented immigrants who had recently been arrested for drunk driving. In total, 123 people suspected of being in the country illegally were picked up and detained. The vast majority of those individuals had either been arrested for or convicted of DWI. These raids took place in towns all across New Jersey.

The Trump Administration has drastically increased the type of crimes that are punishable by deportation. In fact, even a single, one-time DWI charge can make someone eligible to be picked up by ICE and have deportation proceedings begin against them. If the DWI involves an accident or a death, the likelihood of ICE intervention increases significantly. Under the previous administration, a DWI charge or conviction, in many cases, was not considered serious enough for removal.