New Jersey DWI Lawyer Blog

August 21, 2018

Dead Drivers Tested Positive for Drugs More Often than Alcohol In New Jersey, AAA Reports

A drugged driving charge should never be taken lightly because it can have far-reaching consequences for a person’s life. If you have been charged with or arrested for allegedly driving under the influence of drugs, you need a seasoned New Jersey drugged driving attorney on your side. With extensive experience in this area of law, we understand the defenses that may apply. You can rest assured that we will zealously fight to protect your rights at every step of your case.Drugged driving has become a bigger problem than drunk driving in New Jersey. In fact, according to AAA Northeast, which scrutinized traffic fatality data from the past decade, more dead drivers in New Jersey tested positive for drugs than alcohol in 2016 and 2017, reversing the trend from 2007 to 2014.

Cannabinoids and narcotics were the drugs most commonly found in deceased drivers. The data show that during 2016, about 39 percent of fatally injured drivers tested positive for drugs, with approximately 19 percent testing positive for cannabinoids and 12 percent for narcotics. These figures have significantly increased from 2007, when there were a total of 55 fatally injured drugged drivers, or 15 percent testing positive for drugs, with 6 percent testing positive for cannabinoids and just 3 percent for narcotics. Alcohol on its own, however, played a role in more deaths than any individual drug.

August 17, 2018

Summit, New Jersey Police Set to Crack Down on Drunk Driving

by Jonathan F. Marshall

Drunk driving charges should never be taken lightly. In addition to a criminal conviction, this charge can lead to job loss and reputation loss as well. If you or someone you know has been charged with DWI, it is imperative that you have an experienced New Jersey DWI attorney on your side. You can rest assured that we will vigorously pursue all of the available legal options in an effort to obtain a favorable result. We are here to answer your questions and address your concerns.New Jersey’s state program “Drive Sober or Get Pulled Over” encourages law enforcement agencies to increase public awareness about the hazards of drunk driving. The program will be implemented this year by the Summit Police Department from August 16 to September 4.

The campaign involves highly visible enforcement in conjunction with targeted media presence. Studies show that high-visibility law enforcement can reduce alcohol-related accidents by as much as 20 percent, according to Traffic Lieutenant David L. Richel.

August 14, 2018

New Jersey Drunk Driver Involved in Two Accidents in School Zone

by Jonathan F. Marshall

If you have been cited for a DWI in a school zone, you need to reach out to a seasoned New Jersey DWI attorney without delay.

An alleged drunk driver was involved in two accidents in a school zone last week, according to the Mendham Borough police. The 50-year-old woman from Bernardsville was charged with drunk driving and driving in a school zone and ticketed with reckless driving, failure to keep right, leaving the scene of an accident, and failure to report an accident after the crash. Police were notified when multiple residents from the area called to report the incidents.The first crash entailed the intoxicated woman hitting a parked Dodge Ram pickup truck, which was pushed into another truck. Witnesses to the incident told cops that the woman got out of her vehicle about 50 feet away and then got back into the car and drove off. A short while later, she crashed into a Mercedes Benz. Even at this point, she did not stop. She kept driving and was ultimately pulled over by the police.

August 7, 2018

Drunk New Jersey Driver Hits 36 Parked Cars

by Jonathan F. Marshall

If you or someone close to you has been charged with a DWI in New Jersey, we can help. With years of experience, our seasoned New Jersey DWI attorneys understand how to protect your rights during every phase of your drunk driving case. We understand the serious negative impact a drunk driving conviction can have on your future, which is why we will zealously protect your rights at every step of the way.In New Jersey, driving with a blood alcohol content (BAC) of 0.08 percent or higher can form the basis of a driving while intoxicated (DWI) charge. The limit is lower for underage drivers (i.e., people under the age of 21) and commercial drivers. It is important to note that a person can be charged with a DWI if his or her ability to drive has been impaired by any type of drug (legal or illegal) as well.

Last month, a Union City driver was charged with a DWI after he smashed into 36 parked cars, causing thousands of dollars in damage. The Hoboken Police Department responded to the scene after receiving several calls about a driver in a white 2010 Honda heading north on Bloomfield Street.

July 25, 2018

Woman Drives Drunk to Pick Up Friend Charged with DWI at a New Jersey Police Station

by Jonathan F. Marshall

Driving under the influence of alcohol can lead to serious consequences such as fines, imprisonment and the loss of your driving privileges. If you or someone you know is facing drunk driving charges, you need to reach out to a seasoned New Jersey DWI attorney who can help. With extensive experience, we understand the nuances of this area of law and can aggressively negotiate to lower the penalties you are facing or try to get the charges dismissed altogether.

A Rockaway woman drove drunk to pick up a man who was charged with drunk driving. M.V., age 49, was charged with a DWI and reckless driving when she arrived at the police station appearing to be impaired. She was there to pick up 45-year-old R.W., of Washington, who had called her and asked her to pick him up after he had been charged with a DWI, reckless driving, failure to maintain lane and failure to obey traffic signal. Police administered field sobriety tests on M.V., which she failed and subsequently arrested her.

July 16, 2018

New Jersey DWI Based On Blood Alcohol Content Greater than 0.10 Percent

by Jonathan F. Marshall

Not all DWIs are created equal. While all potential DWI charges can adversely affect one’s life, the consequences can be even more severe if the percentage of alcohol in your blood exceeds 0.10 percent. If you or someone close to you has been charged with a DWI in New Jersey, you need to reach out to a skilled New Jersey DWI attorney. With years of experience, we can provide you with the legal assistance you need throughout the entire process.

Last month, a New Jersey woman was arrested and charged with an aggravated DWI after a two-car crash in Lake George. According to the Warren County Sherriff’s Office, a deputy responded to an accident involving two vehicles. Upon arrival, the deputy noticed that one of the drivers exhibited signs of inebriation. S.G., age 56, then failed field sobriety tests. She was then given a breath test which showed that her BAC was .24 percent, which is more than double the legal limit.

Under New Jersey law, if a person is found to be driving with a blood alcohol concentration (BAC of 0.08 percent or above, they are considered to be driving while intoxicated (DWI). The zero tolerance BAC limit for drivers younger than 21 is 0.01 percent. In most cases, there is an additional category of DWI that carries more severe penalties. If a driver is found to have a BAC of 0.10 percent of higher, it is considered an aggravated DWI, though it is not officially referred to as that.

July 9, 2018

Jersey Shore Towns with Least and Most DWI Arrests

by Jonathan F. Marshall

If you have been charged with a DWI in New Jersey, you need to reach out to a seasoned New Jersey DWI attorney who can help you understand the laws and penalties involved in your case. With extensive experience in this area of law, we can advocate for your rights every step of the way.

An impaired driving charge in New Jersey is known as a driving while intoxicated (DWI) offense. The basic offense of a DWI consists of a person operating a motor vehicle with a blood alcohol concentration (BAC) of 0.08 percent or higher. If an individual is under the age of 21, New Jersey has a zero tolerance policy and that person will be charged with a DWI if he or she has a BAC of 0.01 percent or higher. If a person is behind the wheel with a BAC of 0.10 percent of higher, that person will be charged with an aggravated DWI and face enhanced penalties.

A recent report compiled by Nj.com ranked all the towns along the Jersey Shore from least to most DWI arrests made, based on the square mileage of the town. The data was obtained through the New Jersey Municipal Court statistics from July 2016 to July 2017. The statistics for each town include arrests made by both local and state police.

July 2, 2018

Resisting Arrest During a DWI Stop in New Jersey

by Jonathan F. Marshall

When a driver is stopped due to driving while intoxicated (DWI), a frequent problem that arises after an investigation has been done involves the driver resisting arrest. If you or a loved one has been charged with resisting arrest in New Jersey, it is vital that you speak with an experienced New Jersey criminal defense attorney. With extensive experience, we are committed to providing aggressive and effective DWI defense services every step of the way.

Last month, 48-year-old actor Vince Vaughn was arrested in California for a DUI and resisting arrest. Vaughn was stopped at a checkpoint in Hermosa Beach around 1 a.m. local time before being taken into custody. His passenger was also arrested for public intoxication. The news comes after the Manhattan Police Department announced that there would be DUI checkpoint over the weekend with a “zero tolerance” policy where any driver over the legal alcohol limit would be arrested.

In New Jersey, resisting arrest during a DWI stop can land you in serious trouble. The basic offense of a DWI in the state consists of driving a motor vehicle with a blood alcohol concentration of 0.08 percent or higher. If you are under 21 years of age, you can be charged with a DWI for a BAC of 0.01 percent or higher.

June 27, 2018

Study Finds More Fatal Crashes Linked to Drugged Driving than Drunk Driving

by Jonathan F. Marshall

If you have been arrested for driving under the influence of drugs, you need the help of a skilled New Jersey drug DWI attorney who can help. A driving while intoxicated (DWI) conviction can have serious and far-reaching consequences for your life. Thus, such a charge should not be taken lightly. Our firm can assess the merits of your case and evaluate any and all potential defenses that may be applicable.

In New Jersey, the basic offense of a DWI takes place when a person operates a motor vehicle with a blood alcohol content (BAC) of 0.08 or above. Under state law, it is illegal to operate a vehicle if your ability is impaired, even if you took prescription or over-the-counter drugs. In other words, the drugs do not have to be illegal to form the basis of a DWI.

A recent report released by the Governors Highway Safety Association found that drugged driving is becoming more of an issue on the roads, and more and more drivers in deadly crashes are found with drugs in their system. In fact, the study found that more drivers were high than drunk in 2016. Over the past decade, the rate of drunk driving has decreased by about 3 percent, but drugged driving has increased by 16 percentage points from 2006 to 2016. Consider the following: approximately 44 percent of drivers who died in car crashes in 2016 were on drugs at the time, while in 2006, only 28 percent were.

June 20, 2018

20-Minute Observation Defense for DWI Cases in New Jersey

by Jonathan F. Marshall

A DWI conviction can have long-lasting consequences for a person’s life. If you have been charged with a DWI, you need to reach out to a seasoned New Jersey DWI attorney who can help. When a person has been arrested for a DWI, there are certain procedural safeguards that must be obeyed by law enforcement. Unfortunately, these rules are not always followed. We can examine the merits of your case and determine whether any of your rights was violated.

The basic offense of driving while intoxicated (DWI) consists of operating a motor vehicle with a blood alcohol concentration (BAC) of 0.08 percent or higher. Alcohol is not the only basis for a DWI in New Jersey. You can also be arrested or charged with a DWI if you are behind the wheel of a motor vehicle under the influence of drugs – whether legal, illegal, or prescription.

A possible defense in New Jersey DWI cases is that the police did not watch you for 20 minutes prior to administering the breath test to measure your blood alcohol concentration (BAC). Breath tests are not always reliable. In fact, these tests can yield false results due to conditions like acid reflux disease or diabetes, or when a person has belched in the preceding 20 minutes. This is why New Jersey police officers are required to follow certain rules and regulations pertaining to breath tests. One of these rules is that a driver must be observed for 20 minutes to make sure he or she did not vomit, belch, touch lips or tongue, or ingest any liquid or objects.