New Jersey DWI Lawyer Blog

November 5, 2018

New Jersey Cop Sentenced to Nine Months in Jail for Death in DWI Crash

Death by auto is an extremely serious criminal charge that should not be taken lightly. If you have been charged with death by auto, you need a reputable New Jersey criminal defense lawyer who focuses exclusively in defending against criminal charges. We will meticulously assess the details of your case and determine what legal defenses we may be able to raise on your behalf.

A former New Jersey police officer was recently sentenced to nine months in jail in an accident that killed a motorcycle rider last Halloween. Specifically, the officer will serve 270 days in county jail as a condition of the three years probation he will serve when he is released. Law enforcement says the defendant officer was off duty when he drove a jeep under the influence and crashed into a motorcycle, killing 29-year-old victim J.L. The officer later pleaded guilty to vehicular homicide, tampering with physical evidence and driving while intoxicated. In addition, the officer is no longer employed by the Elizabeth Police Department.

Death by Auto

In New Jersey, vehicular homicide, also known as death by auto, is a criminal charge from being the cause of death by driving an automobile recklessly. Reckless can be established through a few factors including intoxication. Essentially, a driver acts recklessly behind the wheel when he or she drives with an active disregard of a significant risk that death would occur from his or her driving behavior.

November 2, 2018

Study Indicates that States Which Legalized Marijuana Have More Auto Accidents

by Jonathan F. Marshall

Were you or someone close to you recently arrested for drugged driving in New Jersey? If so, we can help you defend against these charges. Our hard-working New Jersey DWI attorneys will work diligently to have your charges reduced or, if possible, dropped altogether. We will review your case and discuss all of your legal options with you during a free, no obligation consultation.

The Insurance Institute for Highway Safety recently revealed that motor vehicle accidents in states where recreational marijuana is now legal have gone up by 6 percent. The increase has been seen in states such as Colorado, Nevada, Oregon and Washington where marijuana is legal for recreational use when compared to neighboring states where the drug is still illegal. However, everyone may not agree with these findings. The National Highway Traffic Safety Administration claimed that marijuana use was not likely to contribute to traffic accidents in any significant way a few years ago in 2015 and has not appeared to change its position on the matter. It is important to note that marijuana is still an illegal controlled substance under federal law.

Drug DWIs In New Jersey

In New Jersey, DWI does not only apply to driving while intoxicated by alcohol. Rather, any substance that hinders a person’s ability to drive safely, even minimally, can lead to being charged with a DWI. A drug DWI, also referred to as driving under the influence of drugs (DUID), in New Jersey takes place when a person’s normal use of mental or physical faculties are weakened due to a drug or any combination of drugs. This includes any drugs, whether they are illegal, controlled substances and over-the counter medications. Common examples of drugs that give rise to a DUID charge include:

Marijuana;
Cocaine;
Opiates;
Xanax; and/or
Sleeping pills.

October 24, 2018

School Bus Driver Arrested for Drunk Driving in New Jersey

by Jonathan F. Marshall

If you are a school bus driver and you have been charged with drunk driving, you should consider immediately reaching out to a New Jersey DWI attorney. This charge should never be taken lightly as it can turn your whole life upside down and leave your financial future in a state of uncertainty, as commercial drivers face much more serious consequences than private drivers for DWI offenses. Just because you have been charged does not mean you are guilty – you can rest assured that we will examine every detail of your case and build the strongest possible defense on your behalf.

A New Jersey school bus driver was placed under arrest after law enforcement officials claimed he hit a few different cars while driving under the influence of alcohol. Specifically, the bus driver purportedly hit five vehicles with occupants inside, a minimum of two traffic poles and one fire hydrant early in the morning in an incident last month. Reportedly, one person sustained minor injuries because of the wreck. At the time of the accident, there was only a 9-year-old child and a female bus aide on the bus. The driver was charged with driving under the influence, driving while suspended and reckless driving.

Distinguishing Private from Commercial DWIs

In New Jersey, a person who is 21 years of age or older and holds a normal driver’s license is guilty of driving while intoxicated (DWI) if he or she operates a motor vehicle with a blood alcohol content (BAC) of 0.08 percent or higher. While the law defines a 0.08 percent BAC as the legal threshold, the reality is that you can be convicted of the offense even if your BAC is lower than 0.08 percent. It is important to note that, under New Jersey law, the rules differ for commercial drivers, including bus drivers. Bus drivers are prohibited from operating a bus with a BAC of 0.04 percent or higher. Commercial drivers face much harsher penalties for drunk driving offenses than private drivers.

October 17, 2018

Actor Arrested for Driving Drunk with Toddler in his Lap

by Jonathan F. Marshall

Drunk driving is a serious offense in New Jersey but drunk driving with a minor in the car is even worse. If you were charged with drunk driving and you had a child in the car with you at the time, you need to consult a diligent New Jersey DWI lawyer as soon as possible. This is an extremely serious charge that can adversely impact your personal and professional life. Our firm is committed to protecting your rights and making sure that you obtain the most favorable outcome in your case.

Actor Marion “Pooch” Hall was recently placed under arrest for driving under the influence of alcohol with his toddler son apparently in his lap and crashing into a parked car. Witnesses called 911 after seeing the toddler on his lap and noticing that the vehicle had been weaving in and out of traffic before hitting a parked car. Fortunately, no one was injured. According to police, Hall showed obvious signs of intoxication and was unable to perform field sobriety tests. In addition, his blood alcohol content (BAC) was 0.25, three times the legal limit. The police also determined the toddler was inside the car and he was not restrained as mandated by the law. Hall was charged with drunk driving and child endangerment.

While this incident took place in California, the sad truth is that these sorts of accidents also happen in New Jersey and everywhere else in the country.

October 10, 2018

New Jersey Woman Sentenced to Six Years for Drunk Driving Wreck That Killed a Man

by Jonathan F. Marshall

If you have been charged with death by auto or vehicular homicide, you probably understand the gravity of the situation. Understanding the charges you are facing is critical to deciding how to move forward. Our hard-working New Jersey DWI attorneys understand how to protect your rights when you are charged with such a serious crime. We are here to answer your questions and address your concerns every step of the way.

A New Jersey woman was recently sentenced to six years in state prison for a drunk driving accident that killed a 49-year-old man. The woman pled guilty to one count of second degree vehicular homicide and driving while intoxicated for hitting the victim, W.O., with her car and ultimately being the cause of his death. According to law enforcement, the woman was driving her Jeep Wrangler when she struck the victim, who worked for a private recycling company when the wreck took place. W.O. was rushed to the hospital where he was pronounced dead due to severe injuries sustained in the accident.

Second-Degree Vehicular Homicide in New Jersey

In New Jersey, an individual can be convicted of vehicular homicide for causing the death of another person by operating a vehicle recklessly. Reckless driving means that you drove with a conscious disregard for human life with a significant risk to the public. If the prosecution establishes certain circumstances under which the accident took place, the jury can infer that a defendant drove recklessly. One of these circumstances is if the driver got behind the wheel under the influence of alcohol or drugs then the jury can infer that he or she drove recklessly. In New Jersey, a person is driving while intoxicated (DWI) when he or she operates a motor vehicle with a blood alcohol content of 0.08 percent or higher.

October 5, 2018

Proposed NJ Law would Mandate Ignition Interlock for All Drunk Drivers

by Jonathan F. Marshall

A DWI arrest can be scary and extremely high-stakes, as a conviction can adversely impact almost every aspect of your life. If you have been charged with a DWI, you should know that you have rights. Our trusted New Jersey DWI attorneys work hard to deliver the highest quality counsel representation in DWI cases. You can rest assured that we understand what is at stake, which is why we will build the strongest possible defense in your case.

Proposed Law

A proposed state law would expand the DWI ignition interlock program in New Jersey. Currently, you only have to have an ignition interlock device is you have a BAC of .15 or higher or if you are a repeat offender. Under the new law, anyone convicted of a DWI would be required to have the device installed in his or her vehicle for three to 18 months, depending on how drunk the driver was. The device works like a Breathalyzer, if your BAC is too high, your car will not start.

September 25, 2018

Drunk New Jersey Woman Crashes into Carwash

by Jonathan F. Marshall

If you have been charged with a DWI, you need to reach out to a skilled New Jersey DWI attorney without delay. In some cases, the basis for a DWI is a field sobriety test. These tests are notorious for being inaccurate, which is why we will meticulously examine what happened in your case to make sure none of your rights were violated. You can rest assured that we will put the full breadth of our legal experience to work for you.

While we often discuss drunk driving involving auto accidents, the reality is that it does not always consist of motor vehicles colliding with other motor vehicles on the road. Some accidents are the result of drunk drivers crashing into stationary objects, such as poles, medians, trees or even someone’s property. This recently happened in New Jersey. Last week, a Ridgewood woman allegedly drove into the wrong side of a carwash and crashed her vehicle, according to police. N.A. was found with an open bottle of wine in her purse at the time of the crash. Her car was stuck in the carwash for quite some time before it got removed and impounded. N.A. failed field sobriety tests and purportedly refused a Breathalyzer test. She was then charged with a DWI.

The basic offense of driving while intoxicated (DWI) in New Jersey involves getting behind the wheel with a blood alcohol concentration (BAC) of 0.08 percent or higher. In addition, any drug that impairs a person’s ability to drive safely can also form the basis of a DWI.

September 18, 2018

New Jersey Judge Barred from Hearing DWI Cases

by Jonathan F. Marshall

New Jersey law enforcement takes drunk driving very seriously. If you or someone close to you has been charged with driving while intoxicated (DWI), you need to reach out to an experienced New Jersey DWI attorney for skilled advocacy. With extensive experience in this area of law, we will explore every avenue to fight the charges against you.

In New Jersey, a person can be charged with a DWI when he or she operates a motor vehicle with a blood alcohol concentration (BAC) of 0.08 percent or higher. If you are under 21 years old, the legal limit is 0.01 percent. For a commercial driver, the legal limit is 0.04 percent.

Last year, we wrote about a Municipal judge in New Jersey who allegedly went on an expletive-filled rant when he was approached by cops under suspicion of a DWI. W.B. was pulled over on the shoulder of I-80 in Teaneck on Westbound at 2:13 a.m. on November 12, 2016. When an officer approached the vehicle, W.B. was asleep behind the wheel. The officer noted that a “strong order” of alcohol was emanating from Benitez’s breath and his eyes were bloodshot. The cop then put W.B. through a variety of field sobriety tests, which he failed.

September 11, 2018

“If You Drive High, You Get a DUI” – New Jersey Adopts New Campaign

by Jonathan F. Marshall

If you have been charged with driving under the influence of drugs, obtaining legal counsel early could potentially help you avoid thousands of dollars in fines, and even jail time. Our highly skilled New Jersey DWI attorneys will meticulously analyze the circumstances of your case so we build the strongest defense possible.

You have probably heard of the “Drive Sober, Get Pulled Over” campaign in New Jersey but the state has now launched another campaign. The National Highway Traffic Safety Transportation added this component to its campaign to run through Labor Day weekend – a time when drunk driving accidents typically spike. The new message read as follows “When you feel different, you drive different. If you drive high, you get a DUI.”

In New Jersey, almost one-third of traffic related fatalities in the state involve alcohol impairment. With the possible legalization of marijuana, coupled with increasing drug DWI rate in the state, the campaign aims to alert the public about the consequences of driving under the influence–and perhaps for good reason, since drugged driving rates appear to be on the rise across the country. According to one National Highway Traffic Safety Administration’s National Roadside Survey, more than 22 percent of drivers tested positive for illegal, over-the-counter or prescription drugs.

September 4, 2018

Three New Jersey Cities Make Allstate’s Annual Safest Driving Cities List

by Jonathan F. Marshall

Drunk driving or driving while intoxicated (DWI) is a serious criminal offense with the potential for severe penalties in New Jersey. If you have been charged with a DWI, you need to reach out to a seasoned New Jersey DWI attorney who can help protect your rights. With extensive experience, we understand the nuances of this area of law and can apply our knowledge to your case.

Brownsville, Texas topped the list of cities with America’s safest drivers, according to the 14^th annual Allstate America’s Best Drivers Report. The report ranks the 200 largest cities in the U.S. based on collision frequency. The average driver in the U.S. will experience a collision approximately once every 10 years according to Allstate claims data. The 2018 data shows that New Jersey has 3 of the top 200 safest driving cities in the country, although the number of years between claims for each of these cities fell below the national 10-year average. Jersey city ranked 114 on the list with an average of 8 years between accident claims; Paterson ranked 148 on the list with an average of 7.3 years between accident claims; and Newark ranked 173 with an average of 6.7 years between accident claims.

Car accidents can happen for a variety of reasons, including drunk driving. Just because you have been charged with a DWI does not mean you will automatically be convicted. In some cases, you may be charged with drunk driving when you were not actually guilty of the offense. Perhaps there was a different explanation for your driving or behavior (i.e., fatigue). In other cases, your DWI charge may have originated from improper police conduct (i.e., an illegal stop). We will analyze the facts of your case and determine any and all defenses that are relevant and applicable.