New Jersey DWI Lawyer Blog

January 10, 2018

Legalizing Marijuana Would Affect DWI Stops in New Jersey or Other States

As the laws regarding marijuana continue to change in many states, police stops will change as well. Both drunk driving and drugged driving charges are extremely serious. If you or someone close to you has been charged with a DWI in New Jersey, you need to consult a diligent and hard-working New Jersey drugged driving lawyer who can assess the merits of your case. We are committed to protecting your rights at every step of the way.

The National Highway Traffic Safety Administration (NHTSA) found a 50 percent increase in the number of drivers with marijuana in their system between the years of 2007 and 2014. The NHTSA conducted its first far-reaching study to analyze collision risks related to drug and alcohol use in 2015. The study found those with THC in their system were 1.25 times more likely to be involved in an auto accident. However, when taking into account age, gender, ethnicity, and alcohol use, the rise in accident risk with the presence of marijuana was inconsequential.

If the governor-elect follows through on his campaign promise to legalize marijuana, police will have to deal with significant changes when it comes to DWI stops in 2018. Among other things, one of law enforcement’s main concerns is the lack of a reliable field test for marijuana. There is no roadside test comparable to the Alcotest used for alcohol. As a result, testing for marijuana in New Jersey typically involves taking a urine sample from the defendant and sending it to the New Jersey State Police lab for analysis. In addition, most tests can show the presence of metabolized THC in urine or blood, but proving exactly when the drug was ingested is still not entirely possible.

January 3, 2018

New Jersey School Bus Driver Charged with DWI While Kids on Board

by Jonathan F. Marshall

DWI charges can adversely affect almost every aspect of your life, including your job prospects. As a result, these charges should never be taken lightly. If you are a commercial driver who has been charged with a DWI, you need to reach out to a skilled New Jersey commercial DWI attorney who can protect your rights. We can scrutinize the details of your arrest and build you an aggressive defense for your case.

A school bus driver in Lakewood smelled of alcohol when he spoke to law enforcement during a road rage investigation, police said. The driver works for Lakewood-based Jay’s Bus Service and was carrying students who attend a private school. The incident took place at about 8:30 a.m. last month when the bus had about 20 kids on board. The bus driver was initially pulled over for a road rage investigation. Upon being pulled over, however, officers noticed the driver was slurring his speech and had bloodshot eyes. The driver was arrested for driving under the influence and endangering the welfare of children.

In New Jersey, bus drivers are considered commercial vehicle drivers. Those operating commercial vehicles are subject to different rules than those operating ordinary passenger vehicles. The Federal Motor Carrier Safety Act, in combination with the New Jersey Commercial Driver License Act, prohibits commercial drivers from getting behind the wheel of a commercial vehicle if their blood alcohol concentration (BAC) is 0.04 percent or higher, a significantly lower amount than the 0.08 percent that applies to ordinary drivers.

December 22, 2017

The Defense of Quasi-Entrapment in New Jersey

by Jonathan F. Marshall

Have you been arrested or charged with driving while intoxicated (DWI) in New Jersey? If so, it is imperative to reach out to a trustworthy New Jersey DWI attorney who has experience with this area of law. A DWI conviction should never be taken lightly because it can have far-reaching adverse consequences for many aspects of your life. You can rest assured that we understand the seriousness of these charges and will vigorously advocate for your rights throughout the entire legal process.

Not all criminal defenses that are available in criminal prosecutions are available in DWI cases. The New Jersey Supreme Court, for instance, has held that “entrapment” is not a valid defense in DWI cases. In order to succeed with a New Jersey entrapment defense, the defendant must prove that the police conduct constituted an inducement to commit a crime by objective standards. Put simply, the defendant must show that the crime would not have been committed had the police not encouraged or induced the defendant to commit it. It is important to note that the defendant must establish entrapment by a preponderance of the evidence.

The New Jersey Supreme Court contemplated whether a DWI defendant could raise a quasi-entrapment defense in State v. Fogarty. In that case, the defendant had asked his brother to drive him home because he was too drunk to drive after a wedding reception. In the parking lot, however, the brothers got into a fight and caught the attention of local police. An officer struck the defendant’s brother with a nightstick. When the defendant asked the officer to stop hitting his brother, the officer ordered him to leave the parking lot. When the defendant failed to listen, the officer ordered him to leave again and then proceeded to escort him to his truck. The defendant complied by getting into his truck but ended up backing into a police car. He was arrested for drunk driving and later convicted by a municipal court.

December 15, 2017

Woman Arrested After Driving Through New Jersey With Transit Sign Through Car Roof

by Jonathan F. Marshall

For most people, driving is a primary mode of transportation and a necessity to carry out day-to-day tasks. When you have been charged with driving while intoxicated (DWI), you may face a wide range of penalties, including losing your license. If you have been arrested for a DWI, it is imperative to reach out to an experienced New Jersey DWI attorney who will stand by your side at every step of the way. With years of experience, we understand how to build a strong defense for our clients.

Earlier this month, a woman was pulled over on Route 46 with a New Jersey Transit sign sticking through the roof of her vehicle. New Jersey police say the woman was drunk, and they stopped her when they noticed the sign protruding from the top of her car. According to law enforcement, the woman did not even know the sign was there. It is still unclear how the sign got there.

In the majority of New Jersey DWI cases, police pull over the driver of a vehicle for a traffic violation. Once the vehicle is stopped, police approach the vehicle and ask the driver for his or her driver’s license, as well as other information. At that point, the police officer is checking the driver’s eyes, breath, movements, speech, and general demeanor for any signs of intoxication. If the officer thinks you may be under the influence of alcohol or drugs, he or she may detain you for sobriety testing. If the officers believe there is probable cause to arrest the driver for a DWI, the driver will be put in handcuffs and taken to the police station. In the case at hand, the 52-year-old woman was arrested and charged with a DWI and careless driving after she failed two sobriety tests and a Breathalyzer reading.

December 8, 2017

Police Evidence in a New Jersey DWI

by Jonathan F. Marshall

Being charged with a DWI should never be taken lightly because it can have far-reaching consequences for almost every aspect of your life. If you or someone close to you has been charged with a DWI, it is important to seek the help of a hard-working and reputable New Jersey DWI attorney as soon as possible. You can trust that we can thoroughly analyze the facts of your case and provide you with a vigorous defense under the circumstances.

In New Jersey, a person commits a driving while intoxicated (DWI) offense when he or she operates a motor vehicle with a blood alcohol concentration (BAC) of 0.08 percent or higher. Being convicted of a DWI is a serious offense that can carry heavy penalties, such as fines and fees, license suspension, ignition interlock device, community service, and even jail time. Every subsequent DWI carries harsher penalties. For example, a third offense will have much more severe penalties than a first-time DWI.

The state bears the burden of proof in all DWI cases. The state has to prove every element of a DWI ‘beyond a reasonable doubt.’ This is the highest standard in the legal system and requires the government to prove every element of the crime to a degree that would leave jurors with an abiding conviction that the defendant is guilty.

December 1, 2017

Over 20,000 New Jersey DWI Convictions May Have been Based on Faulty Alcotests

by Jonathan F. Marshall

Being charged with a DWI is a daunting experience. If you have been arrested for driving while intoxicated (DWI) in New Jersey, you need to reach out to a skilled New Jersey DWI attorney without delay. A DWI conviction can negatively affect many aspects of your future, so it is important to get legal help quickly. While this is an extremely stressful time, it is important to remember that you have rights. Just because you have been charged does not necessarily mean you are guilty. Our team will protect your rights at every step of the way.

Last month, a letter went out to individuals who were arrested for drunk driving between 2008 and 2016 in Middlesex, Monmouth, Ocean, Somerset, or Union Counties. The letter was to inform these individuals that there might have been a problem with their DWI proceedings. It was prompted by the discovery that State Police Sgt. Marc Dennis, a former coordinator in the Alcohol Drug Testing Unit, may have been improperly calibrating Alcotest devices, which are used to check the blood-alcohol level of persons suspected of drunk driving. Specifically, he allegedly skipped setting the temperature at 100 degrees. If that temperature is off, the results can be inaccurate. The possible error calls into question all of the calibrations performed by Sergeant Dennis over the course of his career. The letter tells those charged with DWI that a specially appointed judge would weigh whether they are entitled to relief.

The Alcotest has been the standard for DWI detection in New Jersey for quite some time. It is a handheld breath alcohol-measuring device and is the successor instrument to the Breathalyzer. Police officers use the Alcotest to determine a driver’s blood alcohol content (BAC). A person commits a DWI in New Jersey when he or she operates a motor vehicle with a BAC of 0.08 percent or higher. Prosecutors rely on a defendant’s BAC to establish that the driver was driving while intoxicated. The burden of proof in all New Jersey DWI cases is on the state.

November 22, 2017

New Jersey DWI with a Minor in the Car

by Jonathan F. Marshall

Drunk driving is a serious charge, but it can be even more serious when you have a minor in the car. If you have been charged with a DWI while a minor was in the vehicle, it is important to discuss your case with a New Jersey DWI attorney who can evaluate the facts and can protect your rights accordingly. You will need to act quickly, since the penalties for this offense are extremely harsh and can have a long-term impact on your future.

Under New Jersey law, DWI consists of driving with a blood alcohol content (BAC) of 0.08 percent or higher. For commercial drivers, the BAC level must not exceed 0.04 percent, and for drivers under the age of 21, the BAC cannot be 0.01 percent or higher. It is important to note it is also illegal to get behind the wheel if any substance has impaired your ability to drive safely, whether it is drugs or alcohol.

According to the National Highway Traffic Safety Administration, 21 percent of children under 15 years old who were killed in motor vehicle accidents in 2003 were killed in alcohol-related crashes. The Centers for Disease Control and Prevention found that of the 1,132 traffic deaths among children ages 0 to 14 years in 2015, approximately 209 (16 percent) involved an alcohol-impaired driver.

November 15, 2017

Rapper Arrested for DUI and Having Suspended New Jersey License

by Jonathan F. Marshall

Celebrities are no exception to the law. New Jersey native and rap star Fetty Wap, whose real name is Willie Maxwell, was arrested in New York last week on charges of drunk driving. Reportedly, at about 1 a.m., the rapper was caught drag racing with another vehicle at a high speed. The 26-year-old showed signs of intoxication and took a field sobriety test, which he failed. At this point, he was taken into custody. Upon his arrest, officers discovered that he had a suspended New Jersey driver’s license.

Under New Jersey law, driving while intoxicated (DWI) consists of driving with a blood alcohol content (BAC) of 0.08 percent or higher. When it comes to commercial drivers, the BAC level must not be 0.04 percent or higher, and for drivers under the age of 21, the BAC cannot be 0.01 percent or higher. In most cases, an officer will determine whether a driver is under the influence by administering a simple breathalyzer test, although there are other measures that can be used as well, such as field sobriety tests and blood tests.

A New Jersey DWI is a serious offense and can result in a range of penalties, including fines, fees, license suspension, community service hours, and jail time. The number of prior offenses and whether people or property were harmed during the incident can affect the penalties a defendant will face.

November 8, 2017

Does Uber Help Reduce Drunk Driving Accidents in New Jersey?

by Jonathan F. Marshall

A driving while intoxicated (DWI) charge should never be taken lightly because it can have far-reaching consequences for almost every aspect of your life. If you or someone close to you has been charged with DWI in New Jersey, it is important to reach out to a skilled New Jersey drunk driving attorney who can assess the merits of your case.

In 1910, New York was the first state in the United States to adopt a law against drinking and driving. Other states soon followed, and today every state has a drunk driving law. While these laws have been on the books for over a century, the unfortunate reality is that drunk driving is still a serious problem throughout the country. In 2015, approximately 10,265 people died in alcohol-impaired driving crashes, accounting for one-third of all traffic-related deaths in the nation.

A recent study published in the American Journal of Epidemiology examined the role that ride-sharing apps like Uber play in stopping people from driving while drunk. The study essentially concluded that the impact of ride-sharing services on drunk driving could depend on a city’s characteristics, and how much they discourage people from driving. For example, in a denser urban center with lots of traffic and limited parking, an individual may be more likely to use a ride-sharing service to get around. In short, there are many factors that could affect drunk driving, and it is not clear-cut that the presence of ride-sharing services directly reduces drunk driving accidents.

November 1, 2017

MADD is Concerned About the Legalization of Marijuana

by Jonathan F. Marshall

If you were arrested on suspicion of driving impaired by marijuana, it is imperative to reach out to a seasoned New Jersey drugged driving defense attorney who can help. The consequences of such a charge can be severe. You can rest assured that we are here to answer your questions and build you a strong defense in your case.

Mothers Against Drunk Driving (MADD) has expressed concerns about the repercussions of the legalization of marijuana on the roads. States, such as Washington, Oregon, and Colorado, that have already approved the use of marijuana have seen a sharp increase in fatal accidents. The Insurance Institute for Highway Safety and the Highway Loss Data Institute found that highway crashes increased by 3 percent overall in those three states after the legalization of recreational marijuana use.

MADD’s concern is well founded and supported by other statistics as well. Drugs, both legal and illegal, are involved in approximately 16 percent of motor vehicle crashes, according to the Centers for Disease Control and Prevention (CDC). The CDC also found that marijuana use has been increasing, and about 13 percent of nighttime and weekend drivers have marijuana in their system. Additionally, marijuana users were 25 percent more likely to be involved in a wreck than non-marijuana users, although other factors, such as age and gender, may also account for the increased crash risk.