New Jersey DWI Lawyer Blog

March 27, 2018

New Jersey DWI and Leaving the Scene of an Accident

If you have been accused of leaving the scene of an accident in order to evade blood alcohol testing or for any other reason, you can be charged with the criminal offense of leaving the scene of an accident involving injuries. If you have been charged with such an offense, you need to consult a skilled New Jersey traffic violation attorney who can help. With years of experience, we understand how to navigate these cases while protecting your rights at every step of the way.

According to statistics released by the Centers for Disease Control and Prevention, roughly 30 percent of all deadly car crashes are directly caused by alcohol-impaired drivers, and more than 10 percent of accidents reported by law enforcement officials are hit and runs. Unfortunately, these accidents are also common in New Jersey.

Recently, a 34-year-old New Jersey man who was drunk when he struck and killed a Rutgers-Newark graduate in a hit and run accident last year has been sentenced to eight years in prison. The defendant will not be eligible for parole until he has served at least 85 percent of the sentence. He was driving on the wrong side of the road and excessively speeding. He pleaded guilty to second-degree vehicle manslaughter and drunk driving in the collision that killed the 23-year-old victim, who was thrown into a parked car upon impact. Unfortunately, the victim was pronounced dead at the scene.

March 20, 2018

New Jersey Woman Charged with DWI After Driving onto Train Tracks

by Jonathan F. Marshall

A DWI charge is a very serious matter that can affect your family and you for the rest of your lives. If you have been charged with a DWI, perhaps the most important decision you will make will be the attorney and law firm you hire to represent you. With years of experience, our diligent New Jersey DWI attorneys understand how to navigate complex DWI cases. We are committed to providing professional and detail-oriented representation at every step of the way.

Earlier this month, a New Jersey woman was arrested and charged after her car ended up on train tracks in Weehawken. The incident took place at around 3 a.m. when Port Authority Police received a phone call about a car stopped on the light rail tracks near the Lincoln Tunnel. When police arrived at the scene, they gave the 37-year-old woman an alcohol test through a Breathalyzer test, and she failed. She was then charged with DWI and reckless driving. The car was impounded, and New Jersey transit deemed the tracks safe.

Driving while intoxicated (DWI) is an offense committed when a driver operates a motor vehicle after the consumption of alcohol or drugs. An increased alcohol level in the driver’s blood significantly increases the risk of the driver committing errors in judgment and also increases a driver’s reaction time. In New Jersey, just as in other U.S. states, drunk driving is a primary cause of motor vehicle-related fatalities.

March 11, 2018

The Rules on Drinking and Biking in New Jersey

by Jonathan F. Marshall

Being arrested for a DWI can be extremely daunting. If you have been charged with a DWI, it is vital to reach out to a skilled New Jersey DWI attorney who can help. With years of experience, we understand how to navigate these complex claims and protect your rights throughout the entire legal process. We know how stressful these matters can be until they are completely resolved, but you can rest assured we will handle your case efficiently and diligently.

The type of vehicle a person is operating under the influence of alcohol or drugs can have different consequences under the law. In a number of states across the country, a person riding a bicycle while intoxicated can face the same DWI charges as people driving a regular motor vehicle or commercial drivers would face. New Jersey, however, does not treat drinking and biking as a DWI offense.

Title 39 of the Motor Vehicle & Traffic Regulation laws in New Jersey governs bicycling on public roads. A bicycle is defined as a two-wheeled vehicle but is not considered a motor vehicle under the New Jersey DWI statute. The DWI statute only applies to drivers who operate a motor vehicle while intoxicated, including cars, motorcycles, boats, airplanes, dirt bikes, and ATVs. You will not be charged with a DWI if you are riding a different type of non-motorized vehicle, such as a skateboard or rollerblades. As a result, someone who is riding a bike under the influence of alcohol or drugs will not be charged with a DWI violation in New Jersey, although they may face other charges, such as public intoxication or disorderly conduct.

March 6, 2018

New Jersey “Dry Towns” Have Higher Rates of Arrests

by Jonathan F. Marshall

A DWI conviction has the potential to derail your life. If you have been arrested or charged with a DWI, you need an experienced New Jersey DWI attorney without delay. With years of experience, we understand the nuances of this area of law and how to challenge a DWI arrest. We are dedicated to protecting the rights of each and every one of our clients throughout the entire legal process.

A study of municipalities around New Jersey written by NJ.com found that some local police departments are much more assertive than others in enforcing these laws. You may be surprised to know that some New Jersey cities prohibit the sale of alcohol within city limits. In fact, more than 30 municipalities still forbid the sale of alcohol. Nationwide, approximately 18 million people live in dry areas, which make up about 10 percent of the land area in the U.S. Some of these people even live in “dry counties” but still see higher rates of deadly crashes and arrests.

Similarly, the rates of DWI arrests in these New Jersey “dry towns” are higher than similarly situated New Jersey cities that allow the sale of alcohol. Collingwood had 18 total DWI arrests in 2016, a 20 percent increase from 15 in the prior year. Wildwood Crest saw a significant spike in DWI arrests, jumping 63 percent from 27 in 2016 to 44 in 2017. Cities like Haddon Heights and Haddonfield experienced slightly decreased rates of DWI arrests from the prior year.

February 27, 2018

New Jersey Judge Charged with DWI

by Jonathan F. Marshall

In New Jersey, 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. If you have been arrested for a DWI in New Jersey, you need to consult a seasoned New Jersey DWI attorney as soon as possible. A DWI charge or conviction may lead to a number of serious consequences. You may lose your driver’s license, face hefty fines, and even go to jail. Not just that, but your professional and personal reputation may suffer as well. With many years of experience, you can trust that we will make every effort to protect your rights throughout the entire legal process.

Last month, a New Jersey judge launched into a profanity-laced tirade against two New Jersey state troopers during a traffic stop. According to the complaint, two troopers spotted the judge’s vehicle pulled over and parked on the shoulder of the highway. The judge was asleep at the wheel in the front street. When troopers woke him up, they smelled alcohol and noticed the judge’s eyes were bloodshot. However, the judge denied drinking any alcohol or taking any drugs prior to the stop.

Officers then decided to conduct a field sobriety test, at which point the judge informed troopers of his position. The troopers continued the test and arrested the judge for a DWI. The judge was ultimately found not guilty of the DWI charge but is now facing an ethics investigation for citing his position as a judge during the traffic stop. The incident highlights how no one is exempt from New Jersey DWI laws.

February 20, 2018

AAA Study Finds Drowsy Driving is as Dangerous as Drunk Driving

by Jonathan F. Marshall

A DWI conviction can be an ugly stain on your record that can negatively impact many aspects of your life. If you have been charged with a DWI, you need to contact a skilled New Jersey DWI attorney who can help. We will examine the facts of your case and make every effort to protect your rights. You can rest assured that our team has the credentials and knowledge base to defend you against DWI charges.

Drivers who fall asleep behind the wheel are causing more crashes and are as dangerous as drunk drivers, according to a new AAA study. The study tracked more than 3,500 people for several months. The foundation used on-board cameras in vehicles of volunteers to watch their actions as they went about their daily driving routines. What they found was an accident rate by drowsy drivers eight times greater than previously thought.

About 10 percent of crashes a year are due a to drowsy driver, compared to the one to two percent that federal agencies blame on sleepy drivers, the study said. The study is significant because it is the most in-depth study ever conducted on U.S. drivers.

February 12, 2018

“Baby DWIs” in New Jersey

by Jonathan F. Marshall

If you have been charged with underage driving while intoxicated (DWI), you should not hesitate to get in touch with a experienced New Jersey DWI lawyer. Even though a New Jersey prosecutor may refer to an underage DWI as a “Baby DWI” – you should not let the name fool you. When it comes to these “Baby DWIs,” prosecutors will often seek maximum penalties in a case, which is why it is imperative to have a trusted legal advocate on your side.

In New Jersey, the offense of a DWI involves driving with a Blood Alcohol Concentration (BAC) of 0.08 percent or higher. However, there may be many situations in which an underage driver may get behind the wheel under the influence of alcohol. If you are below 21 years of age and are suspected of driving after consuming alcohol, you may be charged with an underage DWI, also sometimes known as a “Baby DWI.” It is important to note that there is a a significant difference between a standard DWI and a Baby DWI, which can be prosecuted if the defendant had a BAC of 0.01 percent or higher.

New Jersey has a zero tolerance policy for drinking and driving. Penalties for underage DWI are serious and may include the loss of driving privileges, community service, monetary fines, and partaking in an alcohol and traffic safety education program. While the consequences for a Baby DWI might be less severe than a regular DWI, there is still a lot at stake. College acceptances, scholarship awards, car insurance rates, and even future job prospects could all be adversely affected by an underage DWI conviction.

February 5, 2018

Would Lowering DWI Level From .08 to .05 Decrease Drunk Driving in New Jersey?

by Jonathan F. Marshall

If you or someone close to you has been charged with driving while intoxicated (DWI), you need a seasoned New Jersey DWI defense lawyer on your side. These charges can have serious consequences for your life, so it is important to act quickly after your arrest. For many years, our firm has been committed to providing vigorous legal representation, and you can rest assured that we will help protect your rights at every step of the way. We are here to answer your questions and address your concerns.

New York Assemblyman Feliz Ortiz re-introduced a bill that, if passed, would decrease the state’s legal blood alcohol content (BAC) from .08 percent to .05 percent. Part of the reasoning for the bill comes from a recent study released earlier this year by the National Academies of Sciences, Engineering and Medicine that calls for lowering the BAC threshold because the committee behind the report found that an individual’s ability to operate a motor vehicle starts to deteriorate at low levels of BAC, increasing a person’s risk of being in a crash. In addition, the study found that in countries in which the blood alcohol content levels were decreased to .05 percent, such as Austria, Denmark, and Japan, the laws produced an effective result.

Currently, in all 50 states, drivers age 21 and older are prohibited from driving with a BAC of 0.08 percent or higher. New Jersey is no exception. In New Jersey, driving while intoxicated (DWI) consists of driving with a blood alcohol content (BAC) of 0.08 percent or higher for regular drivers, 0.05 percent for commercial drivers, and 0.01 percent for drivers under the age of 21. In the vast majority of cases, law enforcement will determine whether a driver is under the influence by administering a simple breathalyzer test, although there are other tests that can be used as well, such as field sobriety tests and blood tests.

January 24, 2018

Motions You Can Use to Fight a DWI Charge in New Jersey

by Jonathan F. Marshall

Being charged with a DWI can be extremely daunting because these charges can affect many aspects of your life. As a result, these charges should never be taken lightly. If you have been charged with a DWI, you need the help and guidance of a seasoned New Jersey DWI attorney who can protect your rights. With years of experience, we are dedicated to advocating for our clients throughout the entire legal process.

Police have to adhere to certain rules and procedures when they make a DWI stop as well as when they make a DWI arrest. If these rules are not properly followed, a DWI charge may be reduced or dismissed altogether. Some of the motions that may be appropriate in your case are as follows:

Illegal stop: a motion that states you were stopped illegally, and thus any evidence based on the stop should be tossed out. In New Jersey law, a police officer may stop a motor vehicle if that officer has an “articulable and reasonable suspicion” of a violation of law by the driver or a passenger. This is a lower standard than “probable cause,” which is needed to make an arrest, but still requires detailed objective facts that would lead to a determination that the defendant broke a law. For instance, if you are pulled over for running a stop sign, the traffic violation would establish probable cause for the stop.

January 17, 2018

The Opioid Crisis and New Jersey DWIs

by Jonathan F. Marshall

There is little doubt that the United States is facing a crisis involving opioid abuse and addiction. As a result, police and prosecutors have seen a rise in DWI cases involving various types of painkillers. If you or someone close to you has been arrested for a drug DWI, it is imperative to reach out to a skilled New Jersey drug DWI attorney without delay. With years of experience, we have the knowledge base needed to defend you throughout the entire legal process.

The Centers for Disease Control and Prevention reports that the opioid epidemic killed more than 33,000 people across the United States in 2015. That is an average of 91 opioid overdose deaths every day. Overdose deaths were nearly equal to the number of deaths from car accidents. In 2015, for the first time, deaths from heroin alone surpassed gun homicides. In New Jersey, at least 1,901 people died from opioid overdose in 2016. A study conducted by the University of Nebraska Medical Center found that prescription opioid pain killers led to impaired driving in many patients, creating a risk on the nation’s roads.

Due to the prevalence of opioid abuse, this issue is undoubtedly on law enforcement’s radar. New Jersey law makes it illegal to operate a motor vehicle while impaired by either alcohol or drugs or both. Put simply, it is illegal to drive under the influence of any impairing substance, whether it is illegal, over the counter, or prescription. This law is codified in New Jersey Statute 39:4-50, which prohibits persons from operating a motor vehicle under the influence of “any narcotic, hallucinogenic or habit-producing drug.” Use of any or all of these medications can form the basis of a drugged driving charge in New Jersey.