New Jersey DWI Lawyer Blog

June 13, 2018

New Jersey Driver Charged with Underage DWI After Falling Asleep at Traffic Light

If you have been charged with underage DWI in New Jersey, you need a seasoned New Jersey DWI attorney on your side. Drinking and driving is always a bad idea, regardless of your age. However, when underage drivers are charged or convicted of a DWI, it can have far-reaching consequences for their lives. Beyond the traditional penalties, such as fines and license suspension, a DWI conviction could affect your college, employment, and housing applications. Thus, a DWI charge should never be taken lightly. You can trust that we will help build a strong defense in your case.

Earlier this week, a Franklin man was arrested for drunk driving after he was found asleep behind the wheel at a traffic light. The man, just 20 years old, was charged with underage driving while intoxicated, careless driving, failure to keep right, delaying traffic, and failure to observe traffic signal.

Police responded to a report that a motorist was asleep at the light. When an officer arrived at the scene, he noticed that the driver was asleep with his foot still on the brake pedal. The police officer proceeded to wake the driver up, engaged in conversation with him, and determined he was showing signs of intoxication. The man then failed a field sobriety test and was charged.

June 5, 2018

Stricter State Alcohol Laws Reduce Drunk Driving Deaths, Study Says

by Jonathan F. Marshall

A drunk driving charge or arrest can be extremely damaging to one’s professional and personal reputation. If you have been charged with a DWI, you need to reach out to a seasoned New Jersey DWI attorney who can help. With years of experience, we are committed to defending our clients and protecting their rights at every step of the way.

According to the Centers for Disease Control and Prevention, over a million people across the country were arrested for driving under the influence in 2016. That same year, about 28 percent of all traffic-related deaths in the country involved alcohol-impaired driving. While states have tried to implement many different anti-DWI measures over the years, it is hard to know which ones have truly been effective.

In New Jersey, the basic offense of driving while intoxicated (DWI) occurs when a person operates a motor vehicle with a blood alcohol content (BAC) of 0.08 or above. It is important to note that a person can be charged with a DWI if they are under the influence of a drug that impairs their ability to drive safely. This can be a legal or illegal drug.

May 30, 2018

Woman Charged with DWI After New Jersey Crash Causes a Child to be Ejected from Car

by Jonathan F. Marshall

DWI charges can have life-long consequences. These charges can be even more severe when they are coupled with other charges, such as operating a motor vehicle with a suspended license or assault by auto. If you have been charged with driving while intoxicated (DWI) in New Jersey, you need to reach out to a New Jersey DWI lawyer who can help. With years of experience, we know how to defend your case in an effective manner.

Last week, a woman was charged with a DWI after she crashed into the back of a car, causing a 12-year-old child in the back sear to be ejected from the car. The child, whose name was not released, had to be airlifted to St. Joseph’s Regional Medical Center in Paterson for serious injuries sustained in the crash. The driver of the vehicle who was rear-ended was not injured, and a third passenger suffered minor injuries.

Police say that the driver had a suspended driver’s license at the time of the accident. As a result, in addition to the DWI, she was charged with assault by auto, possession of a controlled dangerous substance, and causing severe bodily injury while operating a motor vehicle with a suspended license.

May 23, 2018

More New Jersey DWI Cases Get Dismissed Today than a Decade Ago

by Jonathan F. Marshall

If you or someone you know was arrested for drunk driving, you need to reach out to a skilled New Jersey DWI defense attorney who can help. At our firm, we are dedicated to making sure each client’s case gets the personal attention it deserves. You can rest assured that our goal is to have your charges dropped or dismissed. We can examine your case and help determine an appropriate legal strategy for this.

In New Jersey, the offense of driving while intoxicated (DWI) consists of driving with a blood alcohol content (BAC) of 0.08 percent or higher. A DWI offense is not limited to alcohol. To the contrary, being under the influence of drugs can give rise to a DWI as well. New Jersey law prohibits persons from getting behind the wheel while under the influence of “any narcotic, hallucinogenic or habit-producing drug.” These include illegal drugs, over-the-counter medications, and prescription medications.

Statistically speaking, drivers have a higher chance of getting their DWI case dismissed compared to a decade ago. DWI conviction rates are generally high in New Jersey. In 2008, 85 percent of individuals were found guilty of their DWI charges and were required to accept license suspensions, hefty fines, and more. According to the state judiciary, that rate has decreased to 71 percent over the last 10 years. Additionally, the percentage of DWI charges that were dismissed has more than doubled to 24 percent in 2017.

May 16, 2018

Drunk Driving and Single-Car Accidents in New Jersey

by Jonathan F. Marshall

While many drunk driving accidents involve other vehicles, a number of these accidents are single-vehicle crashes. If you or someone close to you has been arrested for a DWI after a single-vehicle accident, you need to contact a seasoned New Jersey DWI defense attorney who knows how to get results. DWI laws are tough, and the penalties for a conviction are severe. With many years of experience, you can trust that we understand how to protect your rights.

In New Jersey, the basic offense of a DWI consists of driving with a blood alcohol concentration of 0.08 percent or higher. If you are under the age of 21, you can be prosecuted for driving while intoxicated (DWI) if you have a BAC of 0.01 percent or higher. Drivers over the appropriate limit will be considered to be driving while intoxicated.

A single-vehicle accident is a type of motor vehicle accident in which only one vehicle is involved. The unfortunate reality is that single-car accidents are more common than you may think. The Insurance Institute for Highway Safety reports that approximately 55 percent of motor vehicle deaths in 2016 took place in single-vehicle accidents. It is important to note that in New Jersey, an individual can be charged for a DWI in a single-vehicle crash.

May 9, 2018

Alcotest Calibration Scandal Could Lead to Over 20,000 New Jersey DWI Cases Being Tossed

by Jonathan F. Marshall

Anyone charged with a DWI offense should understand the seriousness of the charge by seeking the help and guidance of a seasoned New Jersey DWI attorney. At our firm, we have defended many clients in their DWI cases and can defend you as well. With years of experience, we are dedicated to protecting the rights of our clients at every step of the way.

A New Jersey state trooper’s failure to follow a step in the Alcotest calibration process has raised issues about the validity of subsequent breath test results. In a comprehensive report released by the state judiciary, retired Judge Joseph Lisa stated the improper conduct of a state trooper possibly undermined DWI convictions over an eight-year time frame. The findings could result in over 20,000 drunk driving cases being tossed out.

Last year, our blog covered the story about Sgt. Marc Dennis potentially improperly calibrating Alcotest devices. Shortly thereafter, Judge Lisa was appointed by the state Supreme Court to conduct hearings on cases handled by Dennis, a coordinator in the State Police Alcohol Drug Testing Unit, whose job entailed testing the accuracy of breath-test devices used by New Jersey Police. In 2016, it was alleged that Dennis lied on official documents about performing a legally required temperature check while calibrating three Alcotest devices, which are designed to measure the blood-alcohol level of allegedly intoxicated drivers.

April 24, 2018

Can a Passenger be Charged with DWI in New Jersey?

by Jonathan F. Marshall

Most people know that if they operate a motor vehicle under the influence of drugs or alcohol, they can be charged with a DWI. However, few people know that you can be charged with a DWI even if you are not driving the vehicle. If you are a passenger who has been arrested or charged with a DWI, you need to contact a skilled New Jersey drunk driving defense attorney as soon as possible. The aftermath of such a charge can be costly both in terms of time and money, but we are committed to helping you fight the charges.

Under New Jersey law, any individual who operates a motor vehicle under the influence of an intoxicating liquor, narcotic, hallucinogenic, or habit-producing drug may be found guilty of driving while intoxicated (DWI). When it comes to DWI charges based on inebriation by alcohol, the person’s blood alcohol concentration must be 0.08 percent or higher.

New Jersey’s DWI statute is quite broad. In fact, under New Jersey Statute 34:4-50(a), a police officer can charge a person sitting in a passenger seat for a DWI if the passenger “permitted” the driver to operate the motor vehicle while under the influence. It is important to note that in order for the passenger to be charged, the passenger must have been under the influence as well or found to have knowledge of the offense.

April 18, 2018

DWI Accidents Involving Bodily Injury in New Jersey

by Jonathan F. Marshall

Assault by auto is an extremely serious charge that can be even worse if you were under the influence of alcohol or drugs. If convicted, you could lose your job, not to mention jeopardizing your personal reputation. If you have been arrested for a DWI, you need to reach out to a skilled New Jersey DWI attorney who can help. We have extensive experience in defending DWIs and criminal charges, and we can apply our knowledge to your case.

Under New Jersey law, an individual is considered to be driving while intoxicated (DWI) when he or she is found to have a blood alcohol content (BAC) of 0.08 percent or higher. It is important to note that you can also be charged with a DWI if you are operating a motor vehicle under the influence of any drugs (illegal, over-the-counter, or prescription) that impair your ability to drive safely. According to the Centers for Disease Control and Prevention, nearly 10,000 Americans die in drunk driving accidents each year. In addition, nearly 200 of these deaths occur in New Jersey.

The law in New Jersey contains a specific provision that addresses assaults involving automobiles. When someone other than the accused drunk driver suffers injuries as a result of an accident caused by a DWI, the police may file a separate charge known as assault by auto. Unlike a DWI charge in New Jersey, which is a traffic violation instead of a criminal charge, assault by auto is a criminal charge. Assault by auto occurs if a person drives a vehicle recklessly and causes a bodily injury to another person. Bodily injury is defined as physical pain, illness, or any impairment of physical condition, and a serious bodily injury is a bodily injury that creates a substantial risk of death or serious, permanent disfigurement, or the protracted loss or impairment of the function of any bodily member or organ.

April 12, 2018

Study Shows Teenagers Often Ride with Impaired Drivers

by Jonathan F. Marshall

An underage DWI should never be taken lightly, since it can negatively affect your future in many ways, including your college and employment opportunities. Our skilled New Jersey DWI attorneys can help, whether it is your first DWI or a subsequent charge. Our firm has the resources, knowledge, and experience to handle your case. We have a thorough understanding of what it takes to make a DWI charge stick and what you need to do to defeat it.

According to a new study released by the Colorado State University, about 33 percent of recent high school graduates across the country reported to riding in a car with an impaired driver at least once in the previous year. The study revealed that young adults are more likely to ride with a driver impaired by marijuana than a driver impaired by alcohol.

The study, published in the Journal of Studies on Alcohol & Drugs, analyzed data collected in 2013-2014 in two annual surveys, each of which included more than 2,000 young people one or two years after they graduated from high school. According to the study, the impaired driver was more likely to be a peer than an older adult, which is alarming because young impaired drivers are 17 times more likely than adults to die in a crash when their BAC is over the legal limit.

April 2, 2018

Study Finds Ignition Interlocks Reduce Drunk Driving Deaths

by Jonathan F. Marshall

If you have been charged with a DWI, you need to contact a skilled New Jersey DWI attorney as soon as possible. A DWI conviction can have serious and long-term detrimental consequences for almost every aspect of your life. With meticulous attention to detail, we can offer strong representation against DWI charges.

The Insurance Institute for Highway Safety (IIHS) recently released a study that reveals interlocking systems prevent drunk driving in all types of drivers. In other words, laws under which impaired driving offenders are required to install alcohol interlocks in their vehicles have reduced the number of drunk drivers across the country by 16 percent.

Drunk driving is one of the leading causes of death in the United States. In 2016, about 10,500 individuals were killed in drunk driving crashes. In New Jersey, the basic offense of a DWI consists of driving with a BAC of 0.08 percent or higher. You should be aware that a DWI charge is not just limited to alcohol. Any drugs – prescription, over-the-counter, or illegal – that impair a person’s ability to drive safely can form the basis of a DWI. A DWI conviction can subject you to serious penalties, including fines, fees, license suspension, ignition interlock device, community service, and even jail time.