New Jersey DWI Lawyer Blog

January 30, 2019

New Jersey Police Officer’s Car Hit By Drunk Driver

A drunk driving charge can cost you big time – both in terms of time and money. If you have been arrested or charged with a driving while intoxicated (DWI), it is imperative to speak to a knowledgeable New Jersey DWI attorney who can help defend your rights. The stakes are very high in these cases and a DWI conviction could adversely impact virtually every aspect of your life. With extensive experience, we are prepared to vigorously defend you against a DWI charge.

A Brick Township police officer was hurt after an alleged drunk driver hit his patrol car last month. The officer was engaged in a motor vehicle stop and was inside of his car when he was hit. The impact led to the windshield of the officer’s car shattering and caused extensive damage to the driver’s side of the vehicle. The driver who caused the accident was arrested and charged with driving while intoxicated as well as assault by auto, along with other traffic violations, according to police. The injured police offer was taken to the hospital for treatment and was released shortly thereafter. This was the second Brick Township officer struck during a traffic stop in a four-month time span.

New Jersey DWI Laws

A DWI conviction carries different penalties depending on a number of factors, including the BAC level, whether it was your first or subsequent DWI and whether anyone was hurt or not. It is important to note, however, that even a first-time conviction can result in a jail sentence, hefty fines and the loss of your driver’s license.

January 23, 2019

Off Duty New Jersey Trooper Catches Drunk Driver Trying to Leave Accident Scene

by Jonathan F. Marshall

Whether it a minor accident or one more serious, a motorist has an obligation to remain at the scene of the accident or they may open themself up to “hit and run” liability. This liability can be significantly more serious if the fleeing driver was intoxicated. If you have been arrested for drunk driving, whether you left the scene or not, we can help. Our New Jersey DWI attorneys will vigorously advocate for your rights and try to get you the best possible results in your case.

An off-duty New Jersey state trooper helped nab a drunk driver trying to escape the scene of an accident on foot. Law enforcement said the 44-year-old driver was drunk when his car sideswiped a van. The individuals in the van were not injured. Immediately after the crash and without warning, the driver ran from the scene. At that time, the off-duty trooper who had witnessed the accident got out of his own vehicle and chased the impaired driver, catching the driver and holding him until police arrived.

Fleeing the Scene of an Accident While Under the Influence

Under New Jersey law, if you are involved in a wreck, you are required by law to remain at the scene of any accident where there is property damage, injury or death until you have exchanged identifying information with the other parties involved in the accident. In addition, if injury, death or more than $500 worth of property damage occurs as a result of an accident – an official police report must be filed.

January 16, 2019

Assault by Auto and Vehicular Homicide Charges in New Jersey

by Jonathan F. Marshall

If you have been arrested for assault by auto or vehicular homicide, it is imperative to consult a seasoned New Jersey DWI attorney. These charges are extremely serious and have the potential to turn your entire life upside down.

9-Year-Old Girl Recently Killed in Drunk Driving Accident

Three days after Thanksgiving, a 9-year-old girl in New Jersey was killed in a car accident allegedly caused by her father’s drinking and driving. The father, 37, was driving north on I-295 in Burlington country when he hit the rear passenger side of another car in the center lane. After hitting the car, the man’s car veered off the road and crashed into some trees. The 9-year-old girl was ejected from the vehicle and her body was found in the woods. According to law enforcement, the man had consumed multiple drinks prior to the crash and was erratically weaving in and out of traffic at the time of the wreck. He has been charged with third-degree assault by auto, second-degree vehicular homicide and two counts of second-degree endangering the welfare of a child.

Third Degree Assault by Auto

Assault by auto occurs when you cause bodily injury (i.e., pain, illness, impairment, etc.) through reckless driving. Driving while intoxicated falls within the scope of “reckless” driving. You can be charged with third degree assault by auto when the accident resulted in serious bodily injury and either: you were driving while intoxicated or you were driving aggressively toward another vehicle. A person found guilty of third degree assault by auto could face a prison sentence of 3-5 years and fines totaling $15,000.

January 8, 2019

New Jersey Has One of the Country’s Lowest Drunk Driving Death Rates

by Jonathan F. Marshall

Being charged with driving under the influence is a very serious matter and should not be taken lightly. If you have been arrested for driving while intoxicated (DWI), you need to get in touch with an experienced New Jersey DWI advocate who can help. We are committed to providing quality legal representation to each and every client. Our goal is to vigorously defend your case so that your charges are reduced or even dropped. Time is of the essence in these cases so it is imperative to act as soon as possible after being charged or arrested.

The SafeWise Study

A study, conducted by security website SafeWise, found that the state with the highest rate of drunk driving deaths in the country is Wyoming, with 7.59 deaths per 100,000 residents, followed by South Carolina, North Dakota, New Mexico and Alabama. The state with the lowest rate of drunk driving deaths is New Jersey, with 1.39 per 100,000 residents. New York, Minnesota, Utah and Massachusetts are also among the states with the fewest drunk driving deaths in the nation. The report used statistics from the National Highway Safety Administration to come up with its findings.

December 26, 2018

Study Finds Drunk Driving Among Veterans is on the Rise

by Jonathan F. Marshall

DWI charges can have negative and long-lasting consequences for a person’s life. Too many people charged with drunk driving assume that they will be convicted but this is not always not the case. If you have been charged with or arrested for drunk driving, our highly reputable New Jersey DWI attorneys have the experience to help you in your criminal case. Our team will make every effort to have your charges reduced or dismissed and save your criminal record from any blemishes.

The Study

According to a recent study by American Addiction Centers, drunk driving and binge drinking among American veterans has drastically risen in recent years. Using figures from the Centers for Disease Control and Prevention, the study revealed that since 2013, the numbers of veterans who have been identified with incidents of binge drinking has gone up from 14 percent to almost 16 percent. In addition, the percentage of US veterans who engaged in drunk drinking has risen from 1.6 percent in 2014 to 2.5 percent – a nearly 60 percent spike. The rates of drunk driving were significantly higher for male veterans than women. The data shows that New Jersey was not in the top 10 or bottom 10 when it came to the rates of veteran drunk driving in 2016.

December 19, 2018

Drunk Driving during the Holiday Season in New Jersey

by Jonathan F. Marshall

The holidays are bright, festive and fun but this time of year is also known for being the deadliest season for drunk driving. However, because police are hyper-aware of drunk drivers on the road, they can sometimes be overzealous in charging or arresting people for driving while intoxicated (DWI). If you’ve been charged with a DWI in New Jersey, you should not delay in reaching out to a seasoned New Jersey DWI attorney who examine the circumstances of your arrest and protect your rights.

Accidents in the Holiday Season

It is undoubtedly true that many lives are lost to drunk driving every year during the holiday season. According to the US Department of Transportation, between 2011 and 2016, an average of 300 people died in drunk driving accidents the week between Christmas and New Year. Alcohol-impaired accidents make up more than a quarter of all crash deaths. According to the National Highway Traffic Safety Administration, 885 people died in traffic crashed involving a drunk driver during the month of December in 2017.

December 12, 2018

New Jersey Lawmakers Consider Reducing License Suspension Times but Mandating Ignition Interlock Devices in DWI Cases

by Jonathan F. Marshall

If you have been arrested for driving while intoxicated (DWI), call our New Jersey DWI attorneys to discuss your case and begin planning your next steps. These are extremely serious charges that should never be taken lightly since they can negatively impact many aspects of your future. For years, we have zealously advocated for New Jersey clients and you can rest assured that if we take on your case, we will proudly do the same for you.

Potential New Law

New Jersey lawmakers are considering revamping New Jersey DWI laws to reduce the amount of time for which a person caught driving under the influence in the state would lose their driver’s license. But there is a catch. In exchange, the driver would be mandated to install an ignition interlock device into his or her vehicle. An ignition interlock device is a breathalyzer for a person’s vehicle, which requires that the driver blow into a mouthpiece on the device before starting the vehicle. Currently, state law requires repeat drunk drivers and first-time drunk drivers with a blood alcohol concentration (BAC) of .15 or higher to install ignition interlock devices; however, the installation of these devices is not legally required for other first time offenders.

December 5, 2018

Operating a Motorized Scooter While Drunk in New Jersey

by Jonathan F. Marshall

If you have been charged with a DWI in New Jersey, it is imperative to consult a reputable New Jersey DWI attorney who practices this area of law. At our firm, we will examine the circumstances surrounding your arrest and figure out the DWI defense tactics that may work in your situation.

Electric motor scooters are fun to ride but they can be dangerous if they are operated in an irresponsible manner. A 28-year-old man in Los Angeles was recently convicted for driving under the influence while operating a Bird electric scooter. It is the very first motorized scooter drunk driving instance that the city has prosecuted. The man was determined to have a blood alcohol content (BAC) of .279, in excess of three times the limit allowed by law at the time of the accident in which he hit a 64-year-old pedestrian on the sidewalk. Once the accident took place, the man on the scooter did not stop and help the injured man who fell on the sidewalk and sustained a minor injury.

Drunk Driving in New Jersey

In New Jersey, it is illegal to operate a motor vehicle under the influence of alcohol or drugs. A person can be charged with a DWI if they drive a motor vehicle with a blood alcohol content of 0.08 percent or higher. Furthermore, any drug that interferes with a person’s ability to drive in a safe manner can also give rise to a DWI charge.

November 28, 2018

More than 20,000 NJ DWI Convictions Could be Tossed Out

by Jonathan F. Marshall

A driving while intoxicated (DWI) charge can be incredibly daunting. If you were charged with driving under the influence of drugs or alcohol in New Jersey, you must contact an experienced New Jersey DWI attorney as soon as possible. Many DWI charges and convictions rely heavily on the results of breathalyzer tests, which are not always accurate. We will examine the breath tests in your case to identify any errors or issues that may have unfairly impacted the results.

Earlier this month, the New Jersey Supreme court ruled that breathalyzer evidence from over 20,000 drunk driving cases is not admissible because of a calibration error. In fact, the justices unanimously determined that criminal charges pending against a state police sergeant made Alcotest device results from five counties inadmissible as evidence due to the fact that the sergeant missed an obligatory step in the calibration procedure. The court’s decision means that 20,000 DWI convictions could be tossed out. It is important to note that the court ruling does not automatically expunge all the DWI convictions.

November 16, 2018

Bar Serving Alcohol Settles Case After Fatal New Jersey DWI Crash

by Jonathan F. Marshall

If you were charged with drinking and driving, you may assume that you are automatically guilty; however, this simply not the case. You have rights and our reputable New Jersey DWI lawyers can help protect those rights. You can take comfort in the fact that are dedicated to providing aggressive and experienced representation through every stage of the legal process.

T.S., 26, was killed in an auto accident in 2014 in Belmar. She was a passenger in her Honda Civic, which was driven by her boyfriend, E.M., in the early hours of Easter morning. E.M. ran a red light and hit another car causing the Civil to flip over and land in the parking lot at Belmar Marina. T.S., who was not wearing a seatbelt, was ejected from the vehicle and landed in the Shark River. An autopsy later revealed that her cause of death was drowning and blunt force trauma to her head. E.M.’s BAC was .207 at the time of the wreck according to law enforcement and he was later sentenced to prison for 10 years.

T.S.’s family sued the restaurant alleging that the establishment continued to serve E.M. despite the fact that he was visibility inebriated, offering evidence eyewitnesses accounts of E.M.’s conduct, security video from the bar, and his BAC level. The bar owners have now settled the lawsuit with the family for $1.5 million.