New Jersey DWI Lawyer Blog

April 11, 2019

Phone Addicts are a Bigger Threat on the Road than Drunk Drivers, Study Says

Any person charged with driving while intoxicated (DWI) in New Jersey is undoubtedly facing a stressful ordeal that can have potentially life-changing consequences. If you have been arrested or charged with a DWI, you need to consult a dependable New Jersey DWI lawyer immediately. A DWI is an extremely serious offense that can result in significant penalties and other negative consequences, especially if you are convicted.

A new study by Zendrive, a driving behavior analytics company, found that phone addicts are extremely dangerous behind the wheel, replacing drunk drivers as the ultimate threat on public roads. In fact, drivers nationally are 10 percent more distracted now than they were in 2018, according to the study. In addition, pedestrian deaths are at a 30-year-high, mainly because of distracted driving. The data revealed that individuals who cannot put their phone down actually get behind the wheel more. Specifically, they spend 150% more time on the road and drive 760% more miles than the average US driver. Essentially, it is virtually impossible to avoid distracted drivers on the road. While midnight to 3 a.m. is the known window to watch out for drunk drivers, phone addicts on the road are significantly impaired 24-7.

While distracted driving may be a bigger problem than drunk driving on the roads, drunk driving is still a major problem. According to the National Highway Traffic Safety Administration, there were 10,874 deaths in motor vehicle crashes involving drunk drivers in 2017. This totalled 29 percent of all traffic fatalities for that year. In New Jersey, a driver is considered to be alcohol-impaired when his or her blood alcohol concentration is .08 grams per deciliter or higher. A driver can also be charged with a DWI if he or she is operating a motor vehicle under the influence of drugs. Any drugs, whether they are prescription, over-the-counter or illegal, can form the basis of a New Jersey DWI if they are thought to have diminished a person’s ability to drive safely.

April 4, 2019

New Jersey Man Who Flipped his Car Onto Lawn Charged with Drunk Driving

by Jonathan F. Marshall

DWI charges should never be taken lightly. If you have been arrested and charged with driving while intoxicated (DWI) because you failed a field sobriety test, our highly skilled New Jersey DWI attorneys can help. Just because you failed the test does not automatically mean you were intoxicated and it certainly does not mean you will be convicted in court. With extensive experience in this area of law, our attorneys understand which defenses to use in your case.

A 40-year-old man was recently charged with a DWI after he crashed his car in Madison. According to law enforcement, an officer was dispatched to the scene for a single vehicle accident. Upon arrival, the officer discovered a red Ford Explorer upside down on the front lawn of a residence. The driver was standing outside of the vehicle and the police officer said he observed signs of impairment. The man was asked to perform a field sobriety test, which he failed, and was ultimately arrested and charged.

In New Jersey, drivers with a blood alcohol content (BAC) of 0.08 percent or higher are considered alcohol-impaired under the law. Police officers will sometimes administer a Standard Field Sobriety Test (SFST) to determine whether a driver is impaired. In administering the test, police are looking for signs of intoxication by testing the driver’s coordination. You have the right to refuse to perform a field sobriety test although the police officer will most likely not tell you that. In addition, you should know that refusing to take the test would likely lead to you being arrested.

March 27, 2019

Man and Woman Charged with DWI by Hoboken Police on St. Patrick’s Day

by Jonathan F. Marshall

If you have been charged with driving while intoxicated (DWI) either because of drugs or alcohol, you need to contact a New Jersey DWI defense lawyer as soon as you can. Whether it is your first offense or you have had prior convictions, we can help. We know the stakes are high, which is why we are committed to vigorously defending the rights of our clients from the moment we are hired.

Hoboken Police charged a New York man and a Jersey City woman with DWIs in separate incidents on St. Patrick’s Day. The 34-year-old man was pulled over when a police officer saw him speeding. When the police officer approached the man’s vehicle, there was an odor of alcohol emanating from the window. The man refused to do a breath test and failed field sobriety test.

That same day, a 25-year-old woman was charged with a DWI after her Jeep was involved in an accident with another car. The officers in that case said they could smell alcohol on the woman’s breath and also saw a cup that they believe contained alcohol inside the vehicle. Officers described the woman as being slow, dazed and confused. She failed a field sobriety test and her blood alcohol content (BAC) was determined to be over the legal limit once she provided a breath sample at the police station.

March 20, 2019

Man Who Hit and Struck Atlantic Highlands Couple Charged with DWI

by Jonathan F. Marshall

If you or a loved has been charged with reckless driving or driving while intoxicated (DWI) in New Jersey, you need to reach an experienced New Jersey DWI attorney who can help. Charges of reckless driving, especially when coupled with other charges, are extremely serious and can be very difficult to navigate. With wide-ranging experience in this area of law, we know how to protect your rights, including having many strategies that we can employ to help minimize the consequences of your arrest.

A man who struck and killed a couple trying to cross a street in Monmouth County last week has been charged with a DWI and reckless driving. The victims, a 60-year-old man and his 59-year-old wife were attempting to cross the street from the north side of the intersection when they were struck by the driver’s Jeep Grand Cherokee Laredo, which was traveling eastbound on the highway. The tragic accident took place around 7:50 p.m. and both victims died from their injuries. The driver was uninjured and remained at the scene. Their community loved the couple and an upcoming memorial service has been planned. They were soon to be grandparents as one of their adult children had a baby on the way. Continue reading

March 14, 2019

Most New Jersey Police Officers are not trained to Identify Drug Impairment, Article Says

by Jonathan F. Marshall

Whether you are under the influence of drugs or alcohol, driving while intoxicated (DWI) is a serious criminal offense with the potential for severe penalties in New Jersey. If you have been arrested for a drug-related DWI, you need to contact a seasoned New Jersey DWI attorney immediately. Our team has years of experiencing defending the rights of those charged with DWIs. We will examine every facet of your case to build the strongest defense on your behalf.

Statistics from the New Jersey Police highlights that in 2016, New Jersey police arrested 23,579 people suspected of driving under the influence of alcohol or drugs. The figures were not categorized by whether the driver was suspected of being intoxicated by alcohol or drugs, or both. A report by AAA Northeast last year indicated that 19 percent of drivers who died in car wrecks in New Jersey in 2016 tested positive for marijuana although those tests did not indicate if the driver was impaired at the time of the crash.

Currently, there is no dependable way to assess impairment caused by marijuana. The legalization bill in the state also does not outline a legal standard by which to measure impairment; rather, it relied on existing practices for judging whether drivers might be intoxicated. According to the National Institutes of Health, the best indication of driver impairment is observation by trained drug recognition experts (DRWs) in the field, not a blood test.

March 5, 2019

Ex-Pro Wrestler Charged with Sixth DWI in New Jersey

by Jonathan F. Marshall

You probably already know that being convicted of driving while intoxicated (DWI) in New Jersey can seriously derail almost every aspect of your life. If you or someone you love is facing DWI charges, you should immediately contact a trusted and experienced New Jersey DWI attorney. With years of experience, we understand how to fight these charges and minimize the chances of a conviction. We also understand this is an extremely stressful time for you, which is why we are committed to handling this matter with the utmost sensitivity and urgency.

An ex-pro wrestler by the name of “Sunny” was recently hit with her sixth drunk driving charge. Officers say 46-year-old Tamara Sytch, who is in the World Wrestling Hall of Fame, had stopped her vehicle in Seaside Heights on Saturday evening after she drove in the wrong direction on a one-way street. She was charged with a DWI and police soon discovered that she also had a suspended driver’s license and two other active warrants. Sytch was released from jail in October after serving eight months for multiple DWI offenses.

February 25, 2019

How an Out-of-State DWI Conviction Affect’s Your New Jersey Driver’s License

by Jonathan F. Marshall

A DWI charge can have devastating consequences for a person’s life. If you were arrested for a DWI in New Jersey or convicted in another state, the legal process can be very confusing. This is why it is important to reach out to a seasoned New Jersey DWI attorney to understand your legal rights and options. Our firm has handled virtually all types of DWI cases and can provide an aggressive defense on your behalf.

New Jersey DWIs

In New Jersey, the basic offense of a DWI consists of operating a motor vehicle with a blood alcohol content (BAC) of 0.08 percent or higher. A first-DWI offense in New Jersey includes a three-month suspension. If a first-time DWI defendant has a BAC of at least 0.10 percent, then the law mandates a seven-month suspension. If a person is convicted of a DWI for a second time, the offense carries a two-year license suspension irrespective of the BAC. If a person is convicted of a DWI for a third or subsequent time, the period of license suspension is ten years.

Consequences of an Out-of-state DWI

As mentioned above, one consequence of a DWI conviction in the state of New Jersey is mandatory driver’s license suspension. Even in cases when you have been convicted of a DUI/DWI in another state, you may lose your driving privileges in New Jersey. New Jersey is part of the Driver License Compact – an interstate compact that permits states to exchange information about license suspensions and traffic violations of any non-residents. In order for an out-of-state conviction to count as a prior conviction in New Jersey, the other state’s statute must be substantially similar to the New Jersey DWI statute. There is an exception though, if a defendant who has a conviction in another state can show by “clear and convincing evidence” that the DWI offense in the other state resulted from a law in which the BAC was less than 0.08 percent.

February 20, 2019

Former Melrose Place Star Sentenced to 5 Years in Prison for Deadly DWI Crash in New Jersey

by Jonathan F. Marshall

An assault by auto charge can turn your entire life upside down. If you have been charged with assault by auto in the state of New Jersey, you need to consult a trusted and knowledgeable New Jersey DWI attorney who understands the specifics of this area of the law. With years of experience, we will diligently defend your rights and negotiate the best possible outcome in your case.

Former “Melrose Place” actress Amy Locane was recently sentenced to 5 years in prison for a DWI crash that killed a New Jersey woman in 2010. Locane was driving an SUV when she broadsided a car turning left into a driveway killing a 60-year-old woman who was a university adjunct professor. Sadly, by the time police arrived on the scene approximately five minutes later, the woman had no pulse. In other words, she died at the scene. Law enforcement officials claim they found Locane in a ditch giggling after the collision. At the time of the crash, Locane’s blood alcohol content (BAC) was determined to be .26 – about three times the legal limit. In addition, she was driving at approximately 53 mph in a 35 mph zone. She was charged with vehicular homicide and assault by auto as a result of the accident.

February 14, 2019

Man Crashes Bergen County Owned Dump Truck into Multiple Cars While Drunk

by Jonathan F. Marshall

For truck drivers who rely on their New Jersey commercial driver’s license (CDL) to earn a living, a DWI conviction can have devastating and far-reaching consequences. If you possess a CDL and have been charged with driving while intoxicated (DWI), it is vital that you speak to a seasoned New Jersey DWI attorney immediately. There is too much at stake for you to try to resolve this matter on your own and a legal advocate can aggressively fight for your rights.

Dump Truck Driver Charged with DWI

A Bergen County employee from Emerson was recently charged with a DWI for driving a Bergen County-owned dump truck while intoxicated and colliding into 10 vehicles. The driver was trying to get the dump truck out of a garage when the vehicle became stuck in the low garage exit as he tried to turn on the street. The truck ended up ripping through the ceiling causing heavy damage to the roof and hitting multiple vehicles that were parked inside the garage. According to law enforcement, the driver fled the scene of the accident. In addition to a DWI, the driver was charged with possession of controlled dangerous substances and leaving the scene of an accident.

February 6, 2019

Medical Marijuana Users Routinely Drive Drunk, Survey Says

by Jonathan F. Marshall

It is obvious that you should not drink and drive. However, when it comes to medical marijuana, people often use the drug and get behind the wheel a short while later not realizing this behavior can also lead to a driving while intoxicated (DWI) charge. If you or a family member is facing DWI prosecution, our trusted New Jersey DWI attorneys can help. With extensive experience in criminal defense law, we understand how to vigorously defend your rights and make sure you obtain all the protections afforded by New Jersey law.

The Survey

Researchers at the University of Michigan Addiction Center recently surveyed 790 Michigan adults who used medical marijuana for chronic pain in 2014 and 2015 about their driving habits over the last six months. According to the report, 56 percent admitted to driving within two hours of using marijuana, 51 percent reported to driving while a “little high” and 21 percent stated that they drove “very high.” Since medical marijuana is legal in almost three-dozen states – this can have serious implications for individuals on the road.