New Jersey DWI Lawyer Blog

March 9, 2017

A Basic Overview of Possible DWI Defenses in New Jersey

Being arrested for or being charged with a DWI should not be taken lightly. A DWI conviction can have far-reaching consequences for virtually every aspect of your life. If you have been charged with a DWI, you need to reach out to a skilled New Jersey DWI attorney to discuss the circumstances surrounding your arrest. We can scrutinize the facts of your case and determine whether any defenses may be appropriate.

A DWI charge does not mean you are automatically guilty. Instead, you are innocent until proven guilty “beyond a reasonable doubt” by the State. However, New Jersey law states that a 0.08 percent blood alcohol content (BAC) level alone is sufficient for a DWI conviction. Thus, if your BAC was measured at 0.08 or higher, your defense will typically focus on the reliability and validity of the reading. For example, you may concentrate on whether the breathalyzer was used properly by the officer and whether the machine was working properly. If it is found that the machine was not used correctly or not working correctly, the result may be excluded from evidence.

March 3, 2017

The Burden of Proof in a New Jersey DWI Case

by Jonathan F. Marshall

If you have been charged with a DWI in New Jersey, you should not delay in reaching out to a skilled DWI lawyer who can assess the details of your case. A DWI conviction can adversely affect every aspect of your life, including your criminal record, your job prospects, and even your reputation. The stakes are high, and having the right criminal defense team on your side may make a huge difference in your case.

In New Jersey, the basic offense of Driving While Intoxicated (DWI) requires a blood alcohol content (BAC) of .08 or higher. The BAC must be obtained within a reasonable period of time after your operation of the vehicle. It is important to note that an individual can also be charged and convicted of a DWI if he or she was driving while under the influence of “narcotics, hallucinogenic, or habit-producing drugs” as well. This highlights that DWIs are not limited to alcohol. Instead, they extend to any substance that may impair a person’s ability to drive safely.

February 22, 2017

New Jersey Home to One of America’s Lowest DWI Rates

by Jonathan F. Marshall

If you have been arrested or charged with a DWI, it is important to reach out to a skilled New Jersey DWI defense attorney who can help. The penalties for a New Jersey DWI can vary depending on the specific circumstances of your case. It is generally some combination of license suspension, monetary fines, mandatory interlock ignition installation in your vehicle, and even jail time. The stakes are high, which is why is imperative to act quickly.

Drunk driving is a serious problem across the United States. According to the Centers for Disease Control (CDC), 28 people in the United States die every day in motor vehicle crashes that involve an alcohol-impaired driver. This amounts to one death every 53 minutes.

But there is some good news: New Jersey has one of America’s lowest rates of drunk driving incidents. BackgroundChecks.org compiled data from the CDC, the Department of Transportation, and Mother’s Against Drunk Driving to form a list of the best and worst states for drunk driving. On that list, New Jersey ranks 4^th . New York tops the list, followed by Massachusetts and Illinois. These states boast the lowest drunk driving rates in the nation. According to the report, 111 people died as a result of drunk driving in the state of New Jersey in 2016, a 31.3 percent decrease from the preceding year.

February 15, 2017

A Closer Look at Miranda Rights in Context of DWI Arrest

by Jonathan F. Marshall

If the police did not read you your Miranda rights after arresting you for a DWI, it is important to reach out to a seasoned New Jersey DWI defense attorney as soon as possible. We will scrutinize the facts of your case and help determine whether a Miranda motion may be the right path in your case. You can rest assured that the legal team at the Law Offices of Jonathan F. Marshall is committed to providing the aggressive and results-focused DWI you need. Time is of the essence, so please do not wait to reach out.

In the state of New Jersey, DWI stands for Driving while Intoxicated. The basic offense of a DWI consists of driving with a Blood Alcohol Concentration (BAC) of 0.08 percent of higher. For commercial drivers, the BAC level must not exceed 0.05 percent. For drivers under the age of 21, the BAC cannot be 0.01 percent or higher.

In New Jersey, a DWI is a traffic offense rather than a criminal offense. This means that police do not have to advise you of your Miranda rights during roadside interrogation, unless and until you have been arrested or taken into police custody. Put another way, Miranda rights only kick in when individuals are being questioned while in police custody. “Custody” in such cases is not limited to physical lock-ups at police headquarters. Instead, custody refers to any circumstances under which a reasonable innocent person would conclude he or she was not free to leave.

February 8, 2017

Post-Conviction Relief for a New Jersey DWI

by Jonathan F. Marshall

A DWI conviction can have serious and long-term consequences for many aspects of your life. Even if you have been convicted of driving while intoxicated (DWI), there is a procedure in the law which allows a reversal in certain, limited circumstances. Courts can use prior DWI convictions as grounds to impose harsher penalties for a current DWI conviction. This is where post-conviction relief (PCR) can be critical to your case. While the process is complex and time-consuming, the results can be worth it. A skilled New Jersey DWI lawyer can scrutinize the facts of your case and determine whether you may be eligible for PCR.

New Jersey law permits individuals previously convicted of a DWI to petition the court for PCR, which is the legal process that takes place after a trial results in the conviction of the defendant. When a person applies for PCR, he or she is asking the court to reopen the case and vacate the original finding of guilt. This entails investigating the prior conviction to determine if the court, the State, or defense counsel made any mistakes. Successful PCR can reduce or even eliminate penalties that are typically associated with a DWI, such as license suspension and jail time; thus, PCR can effectively dismantle the adverse impact a DWI has on an individual’s employment, housing, professional licenses and overall reputation. Common grounds for PCR are as follows:

Ineffective assistance of counsel;
The defendant’s guilty plea did not meet legal requirements;
Newly discovered evidence;
Juror misconduct;
Prosecutorial misconduct;
Misapplication of jail and gap-time credit;
Illegal sentence;
Lack of jurisdiction.

February 1, 2017

Out of State Drivers Arrested in New Jersey for DWI

by Jonathan F. Marshall

When you are driving in a state, you are subject to all of the traffic laws and regulations in that state, including driving while intoxicated (DWI) rules. If you have an out of state license and were arrested in New Jersey for a DWI, you need to reach out to a skilled New Jersey DWI attorney who can assess the merits of your case. In these situations, there may be specific issues that could complicate your case and interfere with your driving privileges in your home state. DWI charges should never be taken lightly because they can have far-reaching consequences for many aspects of your life.

New Jersey is part of what is known as the Driver License Compact (DLC), a system including 45 states, which requires member states to report traffic tickets received by a driver to their home state. Put simply, the DLC allows states to exchange information concerning traffic violations, including DWI offenses. The only states that are not members of the DLC are Tennessee, Georgia, Massachusetts, Wisconsin, and Michigan.

In the state of New Jersey, the offense of a DWI consists of driving with a Blood Alcohol Concentration (BAC) of 0.08 percent or higher. Even if your BAC is less than 0.08 percent, you could be charged with a DWI if you consumed any amount of alcohol that impaired your ability to drive. If you are under the age of 21, you will be charged with a DWI if you have any alcohol in your system, even as little as 0.01 percent.

July 13, 2015

Summer On The Jersey Shore Brings Increased DWI Offenses

by Jonathan F. Marshall

For any experienced DWI attorney that practices in Ocean County, the summer brings an increased case load. The reason is because the influx of tourists and vacationers brings a distinct upturn in the number of driving while intoxicated offenses. Hotspot destinations like Seaside Heights and Long Beach Island definitely fall within this description although just about all the towns along the Garden State Parkway and beach experience a rise in DUI violations. The following is the breakdown of Ocean County Municipalities with the highest number of DWI filings. The statistics are for the most recently reported 12 month period published by the New Jersey Administrative Offices of the Courts (July 2013-June 2104). The data reveals the following rankings in terms of those arrested for DUI/DWI in Ocean County NJ:

Toms River (364)
Brick Township (261)

November 10, 2014

Mercer County Woman Slapped with DWI, Three Counts of Child Endangerment

by Jonathan F. Marshall

Without a doubt, most all state troopers and municipal patrolmen throughout the Garden State have very little tolerance for those individuals who they suspect of being drunk behind the wheel of a motor vehicle. In fact, it isn’t much of a stretch to suggest that New Jersey’s law enforcement community has zero tolerance for drunken driving on public roads.

As professional DWI-DUI defense attorneys, my colleagues and I have a great deal of experience representing drivers who have run afoul of the law when it comes to DWI and drug DUI violations. Needless to say, our court system is also relatively unyielding when sentencing those people who have been convicted of intoxicated driving. Aside from the often costly and occasionally embarrassing results of a DWI conviction, some defendants who enter a courtroom less than adequately prepared can end up feeling the effects of that drunk driving arrest for years to come.

While many people likely consider that any consequences tied to a DWI or drug DUI conviction are mostly monetary in nature, there are instance where jail time may be prescribed (however, first-time offenders can often avoid that level of punishment with the help of a qualified legal expect). That said, it is best to keep in mind that many people fail to realize the negative effect that a DWI conviction can have on one’s family members, friends and neighbors, and even employers.
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November 7, 2014

Monmouth County Man Pleads Guilty to Vehicular Homicide following Fatal Toms River Drunk Driving Accident

by Jonathan F. Marshall

Considering the number of teenagers and young adult drivers currently on Garden State roadways, DWI and drug DUI arrests involving underage drivers are bound to happen more often than not. As New Jersey drunk driving defense lawyers, my legal team understands how easily a young person can end up intoxicated and then get behind the wheel without taking into account the various consequences that may result. Safety aside, for those drivers under legal drinking age, being stopped by the police for intoxicated driving can have unintended outcomes.

The penalties for underage DWI here in New Jersey are outlined in our state’s legal statutes, specifically N.J.S.A. 39:4-50.14. The law specifies that any person under 21 years of age who operates a car, truck or motorcycle with a blood-alcohol concentration (BAC) of greater than 0.01 percent but less than 0.08 percent risks forfeiture of his driving privileges for one to three months. Even those individuals who do not yet have a driver’s license may face a delay in obtaining their driver’s license following a previous conviction for underage DWI.

As with most drunken driving cases, the burden of proof is on the state. Where a charge of drunken driving is at issue, the local prosecutor must show that 1) the defendant was “operating” the vehicle at the time of the offense; 2) the defendant was under the state’s legal drinking age at that time; and 3) the defendant had a BAC over 0.01 percent. Evidence of the latter is typically gained via a breathalyzer test, often obtained by using an Alcotest breath testing device or occasionally through a direct blood sample taken from the defendant at the time of the drunk driving arrest.
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November 2, 2014

New Jersey Police Blotter: Drunk Driving and Drug Possession Arrests

by Jonathan F. Marshall

With the number of DWI and drug DUI arrests that occur weekly in the Garden State, it should not be a surprise that motorists have a misery of choice when it comes to retaining legal aid for drunk driving offense. But that’s just a general statement, since choosing the right New Jersey drunk driving lawyer can be critical to the outcome of a DWI-DUI case. Whether someone is facing a serious injury-related DWI charge or a more routine DUI summons resulting from a simple traffic stop, my legal team is ready, willing and able to assist those individuals who have been accused of impaired driving.

An arrest for driving while intoxicated is nothing to laugh at. Whether precipitated by a traffic accident, occurring at one of many random sobriety checkpoints, or developing out of a traffic stop for a seemingly minor traffic infraction, any kind of alcohol- or drug-related traffic offense has the potential to cause a motorist serious monetary pain, as well as inconvenience and, in some cases, social embarrassment or job-related problems.

As experienced DWI defense attorneys, my legal staff is skilled in litigating civil and criminal cases throughout the state of New Jersey. We provide our clients with legal representation in cases ranging from drunken driving, drug-impaired vehicle operation, illegal drug (CDS) possession and breath test refusal, just to name a few.
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