New Jersey DWI Lawyer Blog

October 30, 2014

New Jersey Drunken Driving Police Blotter: Morris County Officers Log Multiple DWI, DUI Arrests

Throughout the Garden State, the constant stream of news reports regarding drunk driving, specifically those found online and in the newspaper, illustrate the ongoing fight that law enforcement and our court system continue to have with the very real issue of intoxicated driving. As dedicated criminal and civil defense attorneys, my legal staff handles numerous DWI and drug DUI cases every week in counties such as Bergen, Monmouth, Middlesex and Atlantic, to name just a few.

As New Jersey DWI defense lawyers, we see clients who have been charged with driving while intoxicated by alcohol or drugs on city streets, as well as the parkway, interstate and local highways. For those who have ever wondered if theirs was the only DWI arrest to merit a courtroom fight, we would have to say, No. There are many hundreds, likely thousands, of otherwise law-abiding people who find themselves on a yearly basis facing serious charges and potentially costly penalties for offense that they do not believe they committed.

Granted, quite a few defendants in DWI and drug DUI cases will not understand the extent to which our DWI laws can affect the outcome of their drunk driving case, which is why it is important to seek the assistance of a qualified defense lawyer who has extensive experience in representing motorists accused of DWI or drug DUI offenses. This would include summonses for driving under the influence of alcohol, doctor-prescribed medications, and even the use or possession of illicit drugs, such as marijuana, methamphetamine or cocaine.
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October 28, 2014

Union County Woman Accused of Child Endangerment in Connection with DWI in Linden, NJ

by Jonathan F. Marshall

Having represented numerous defendants against various civil and criminal charges over the years, my colleagues and I handle a great deal of cases involving motorists accused of drunken driving, drug DUI, and other offenses related to impaired operation of a motor vehicle here in New Jersey. As skilled DWI defense attorneys, we know which cases may be tough going for our clients and which will be more routine. In some instances, we can even tell early on whether or not a DWI or DUI case may be thrown out due to insufficient evidence or improper police procedure.

Regardless of the cause of a drunk driving or drug-related DUI arrest, having a qualified legal professional on one’s side can not only be a smart move, but it can also be reassuring for the defendant to know that he has a knowledgeable expert in the area of drunk driving law representing his interests in court. As professional litigators, my legal team has extensive litigation experience throughout the Garden State. And, when asked by potential clients, we often hold that fighting a DWI-DUI charge is a wise course of action, especially considering the financial consequences.

Of course, the monetary aspects of a drunken driving conviction can frequently be a serious consideration, especially for those individuals who are facing a significant DWI-DUI offense. One serious charge that a percentage of drivers end up being accused of is DWI while having young children in the vehicle. Just as a DUI or DWI in a school zone can result in extensive penalties following a conviction, having kids in a motor vehicle while allegedly driving under the influence of drugs or alcohol can make for a rather difficult legal situation as well.
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October 26, 2014

Middlesex County DUI News: Monroe Township Engineer to Serve Prison Time after DWI Conviction

by Jonathan F. Marshall

For anyone who believes that driving a motor vehicle in New Jersey after taking a drink or two can’t possibly have any long-term impact on one’s future, just look around sometime. Drinking and driving, while perhaps not as prevalent these days as in decades past, is still a significant and ongoing issue according to most safety advocates, local and state police, and the Garden State’s legislature. As long as traffic accidents, fatal or otherwise, can be tied to drunk driving, it is a near certainty that New Jersey’s police departments will continue to be vigilant for potential DWI or DUI offenders.

But getting back to the impacts that a drunken driving conviction can have, these can be much more than a simple fine, a few points or a period of license suspension. In fact, if you don’t believe that a drunk driving arrest (and subsequent guilty verdict) can affect your life, please consider that for many people it can and does — on a regular basis, we might add. As accomplished New Jersey civil and criminal trial attorneys, my colleagues and I know of numerous instances where a person’s livelihood or career has been adversely affected by a DWI or drug DUI conviction.

My law firm has a great deal of experience defending hard-working people from all around the Garden State; individuals who believed that they were unjustly accused — but also those who know that they can hardly afford the secondary effects of even a single drunk driving offense on their record. For many accused DWI-DUI offenders, the monetary costs of a drunken driving conviction can pale in comparison to the potential professional consequences down the line.
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October 23, 2014

New Jersey Motorist Charged with Criminal DWI following Car-Semi Accident in Somerset County

by Jonathan F. Marshall

A news report earlier this month pointed up the danger of drinking and driving, not only in terms of legal liability, but especially due to the serious nature of accidents that can take place when operating a motor vehicle while possibly intoxicated due to alcohol or drugs. As Garden State DWI lawyers, my law firm is always ready to assist those motorists who have been accused of drinking and driving on New Jersey roadways. However, as drivers ourselves, we also know there are numerous risks associated with driving under the influence, many of which can be life-threatening.

That said, and while we in no way condone impaired driving, we do understand that some individuals can be fully unaware of their inebriation due to beer, wine or hard liquor, as well as possible impairment resulting from taking doctor-prescribed medications prior to getting behind the wheel. For those who believe they were unjustly charged with a DWI or drug DUI, my skilled legal team is available to help defendants fight those charges in a court of law.

Sadly, the reality of driving in New Jersey can mean that some people will be involved in a serious automobile or trucking-related accident as a result of some kind of impaired vehicle operation. From a legal standpoint, being charged with drunken driving following an injury-related roadway crash can often mean that the local prosecutor will consider other, more serious charges stemming from the accident itself.
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October 21, 2014

Driver Charged with DWI after Going the Wrong Way and Colliding with a Tractor Trailer

by Jonathan F. Marshall

As New Jersey drunk driving defense attorneys, my colleagues and I are dedicated to helping those individuals who have been accused of DWI or operating a motor vehicle while under the influence of prescription drugs or illicit substances (drug DUI). While we do not condone the act of driving while impaired, we are nonetheless committed to assisting motorists who believe that they were unjustly or erroneously charged with a serious alcohol- or drug-related traffic offense.

As many people may understand, some defendants in DWI-DUI cases also have the complication of a roadway accident to contend with. Since every person has the right to legal representation under the law, we are ready to act in our clients’ best interests. Having said that, we must from time to time question the choices that some individuals make when they mix alcohol and automobiles; setting oneself up for potential injury or death is one scenario that comes immediately to mind.

Regardless of one’s stance on drinking and driving, it can be assumed most people know that adding an injury-related or fatal traffic accident to a drunk driving arrest is not the best situation. We do not intend to come off as preachy, but when speaking with friends and colleagues, we often recommend prudence when going out for a drink or two. Quite simply, when it comes to drunk driving and other DWI-DUI violations, we highly recommend that people not make things worse on themselves by pulling another person or persons into their mistake.
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October 17, 2014

NJ Supreme Court to Municipal Judges: Stop Combining Pretrial DWI Suppression Hearings with Full-on Trials

by Jonathan F. Marshall

Last month the New Jersey Supreme Court affirmed the decision of the state’s Appellate Division that had overturned a drunken driving conviction of a New Jersey driver following arguments that the man’s trial mixed aspects of a pretrial hearing and that of the actual trial, which in the Court’s view should ideally come later as a separate proceeding.

The initial drunken driving case involved the defendant, Bruno Gibson, who was arrested by a Winslow Twp. patrolman during the early morning hours of November 17, 2007. According to the review article, Mr. Gibson admitted to police that he had been drinking, after which he reportedly attempted and failed several field sobriety tests. As the patrolmen were attempting to take the man into custody, he apparently resisted arrest.

Later pleading guilty in Superior Court to an assault charge, the defendant was sentenced to two years’ probation. The charges of driving while intoxicated and reckless driving were adjudicated in a Winslow Twp. courtroom. According to court records, during the suppression hearing — not the actual trial — there was reportedly a dispute over how the arresting officer had determined that the defendant had failed the standardized field sobriety test that was administered that morning.
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October 16, 2014

Morris County DWI Police Blotter: Randolph Twp. Patrolmen Arrest Drivers for DUI and CDS Possession

by Jonathan F. Marshall

Given the current automotive landscape here in New Jersey, there is more than a good chance that a fair percentage of the population either personally knows of or has heard about someone who has been stopped by the police for some kind of traffic infraction during the last year or so. Of that broad group, the are usually some individuals who have been stopped and subsequently arrested and issued a summons for drunken driving or impaired vehicle operation due to some kind of controlled substance.

Whether one is charged with DWI or drug DUI, the need to find professional legal representation jumps to the top of the list of important decisions following such an event. While most drivers who are charged with drunken driving typically find themselves stopped for what may have seemed like a minor traffic infraction, there is a smaller group that receive DWI-DUI summonses at late-night sobriety checkpoints, otherwise referred to as DWI roadblocks.

Many of the random instances involving drunk driving and drug DUI police stops end up being published in the so-called police blotter sections of many Garden State media outlets. Although many traffic stops, which turn out to be alcohol- or drug-related, may not be all that remarkable, there is often a common theme that comes up again and again. And while the drivers’ names and arrest locations can, of course, be unique to those individual events, there can be seen patterns of stops and subsequent arrests.
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October 14, 2014

Sure, DWI Can Be Costly; But Drinking and Driving with Kids on Board is Worse

by Jonathan F. Marshall

As professional trial lawyers, the skilled legal team at the Law Offices of Jonathan F. Marshall have been practicing law collectively for nearly a century. Having represented countless numbers of motorists who have been accused of drug DUI, DWI, CDS possession in a motor vehicle, breath test refusal and other drug and alcohol-related offenses, we know quite a bit about how to win tough cases. We also know that getting in over one’s head is easier than one might expert here in the Garden State, as well as elsewhere.

Because of our extensive legal experience, we understand New Jersey’s rather strict DWI-DUI statutes. We also know how the law can affect outcomes in the courtroom when drunken driving cases involve injury-related highway accidents in areas such as Bergen, Monmouth, Atlantic and Ocean County.

One of the more serious drunk driving-related charges that can affect parents, grandparents, babysitters and driving-age siblings has to do with intoxicated driving and something called “child endangerment.” For motorists who are found to be under the influence of alcohol or drugs while driving toddlers, small children and even teenagers in their vehicle, the penalties can be much worse than just a “simple” DWI or drug DUI.
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October 12, 2014

Two Cumberland County Cops Charged with DWI in Millville, NJ

by Jonathan F. Marshall

As New Jersey criminal and civil defense attorneys, members of my legal team interact with law enforcement officers on a fairly regular basis. And while some people might assume that the relationship between DUI lawyers and police officers to be rather contentious, as legal professionals and officers of the court ourselves, we have the utmost respect for those hard-working municipal cops and state troopers. Yet, there are instances where the high regard with which we hold most patrolmen can become somewhat strained.

Being DWI-DUI defense lawyers, quite often we must place a police officer on the witness stand to question him or her as to the manner in which a drunk driving arrest was performed. In our experience, there can be serious questions of whether a patrolman followed correct police procedure during the stopping of a suspect’s vehicle, the carrying out of a roadside investigation, as well as the actual arresting of the accused drunken driver. Without question, there are times when officers either cut corners or omit steps in the process of putting a motorist under arrest for impaired driving.

While simple mistakes are not uncommon, especially considering the volume of DWI and drug DUI arrests made every year in the Garden State, we know most officers to be relatively well-versed in the methods and techniques of traffic enforcement. Unfortunately, there are occasional instances where an officer may overstep the bounds of his legal authority, which can open up an important avenue for a skilled defense attorney. Either way, the fact that the word of a police officer has great sway in court makes it necessary for every patrolman to conduct himself in the most professional and legally acceptable manner possible.
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October 11, 2014

FAQ: NJ Drunk Driving Arrests and the Consequences of a DWI Conviction — Part Six

by Jonathan F. Marshall

It’s safe to say that here in New Jersey few individuals would have anything pleasant to look forward to given a drunken driving or drug DUI conviction as the end result. Not only does a guilty verdict mean thousands of dollars in court fines, statutory fees and auto insurance premium increases, but the addition an ignition interlock device on one’s vehicle and the possibility of some jail time can be onerous as well.

For those who are considering the services of a drunk driving defense attorney, the time to act is very soon after one is charged with a DWI-DUI offense. It is quite important to find a qualified trial lawyer who has years of experience in defending motorists against charges such as driving under the influence of alcohol or drugs, possession of a controlled dangerous substance (CDS) in a motor vehicle, breath test refusal, and marijuana DUI, among others. But we recommend that a person act swiftly, while choosing carefully, before too much time elapses.

As Garden State DWI defense lawyers, my legal team and I are keenly aware of the anxiety that a drunk driving summons can cause for many otherwise law-abiding people. The best suggestion is to find legal counsel as quickly as is practical so that you allow your defense attorney enough time to prepare a strong case. As long-time DUI-DWI attorneys, my law firm has assisted many individuals accused of impaired driving, such as by alcohol or narcotics. If a driver has been served with a summons and has a pending court hearing, the time to act is now.
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