New Jersey DWI Lawyer Blog

August 27, 2014

New Jersey DWI Police Blotter: Burlington County Arrests Include Drunken Driving and Drug Possession

Travel through any county in the Garden State and you will likely find that the police in local communities far and wide make a fair number of DWI and DUI arrests every month. Whether you live in Passaic, Essex, Somerset or Mercer County, the stories about drunken and impaired drivers that pop up in the news and on social media are strikingly similar — though they each have their own unique aspects, circumstances and facts.

It is important to remember that many New Jersey drunk driving arrests begin with a seemingly minor traffic offense — sometimes a very insignificant infraction, yet one that legally gives the police the right to pull the motorist over and investigate further. Such basic offense may include repeatedly crossing over a lane divider, making an improper turn, or even driving with a burned-out tail light.

While that original police stop may have been for a sometimes minor infraction, the patrolman in charge may take note of other evidence pointing to alcohol consumption, drug impairment, or possession of a controlled dangerous substance (CDS). Of course, observing an empty bottle of beer or wine cooler can easily trigger a request for the driver to exit the vehicle and take one of more of the standardized field sobriety tests that police officers use to determine intoxication. Furthermore, an officer may detect the odor of alcohol on a motorist’s breath, which can also begin a series of events leading up to a drunken driving arrest.
Continue reading

August 26, 2014

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

by Jonathan F. Marshall

Life in the Garden State can be enjoyable and fulfilling, so long as everything is going well. For thousands of drivers every year, however, a run-in with a traffic enforcement officer can certainly be one of the reasons that makes daily life a bit less pleasurable. While most traffic stops result in some kind of moving violation and related fine, which isn’t cheap by any means, a fair number of roadway police stops end up in an arrest for impaired driving.

When it comes to being stopped for intoxicated vehicle operation, this kind of police encounter can make for an embarrassing trip to a local police department for a breath test and possible charges of DWI or DUI; after that comes a date in municipal court with sometimes very costly results. For many motorists charged with driving under the influence, there is hardly anything good to look forward to following a DWI-DUI arrest. With thousands of dollars in fines, fees and insurance premium increases hanging over the heads of accused drunk drivers, it’s no surprise that this kind of life event is far and away from anything remotely enjoyable.

As New Jersey drunk driving defense lawyers, my legal team has defended hundreds of individuals charged with impaired driving, breath test refusal and other alcohol-related offenses. In addition, my colleagues and I are well equipped to handle drug-related cases, such as marijuana DUI, cocaine possession, and prescription drug-related DUI offenses. It should be said that although we make it our job to defend individuals charged with DWI-DUI, we certainly do not condone driving under the influence of drugs or alcohol.
Continue reading

August 25, 2014

NJ Drunk Driving News: NBC Today Show Exposé Shines the Light on Smartphone Breathalyzer Apps

by Jonathan F. Marshall

Most anyone who has been formally charged with driving under the influence of alcohol here in the Garden State is probably familiar with the way in which local or state police obtain evidence of intoxication, that is, the use of a breathalyzer machine to determine a driver’s blood-alcohol concentration, or BAC. For many people convicted of DWI, the machine most popular with law enforcement agencies across New Jersey is the Alcotest 7110 manufactured by Draeger Industries.

This particular BAC detecting tool, was first put into service more than 10 years ago. For anyone who has attempted to fight a DWI charge by calling into question the accuracy of the Alcotest device, it may not be a surprise to hear that a 2008 case heard by the New Jersey Supreme Court resulted in ruling that held the Alcotest 7110 to be scientifically reliable (State v. Chun, 194 N.J. 54 [2008]).

It could be said that ever since the police began using the first breathalyzer machines, some drivers have likely wondered if they, too, could measure their BAC levels before getting behind the wheel of a car or truck. The problem even into the 21st century is that the breathalyzer machines used by the police may be portable, but they are hardly convenient devices to carry on one’s person state. Still, having a personal device that could warn a motorist that he or she is legally drunk is something that many people want to have – and do have now, thanks to smartphone technology.
Continue reading

August 22, 2014

Drunk Driving Defense News: Don’t Let a New Jersey DWI Put the Brakes on Your Career

by Jonathan F. Marshall

Despite frequent warnings from traffic safety advocates and police agencies all across the country regarding the dangers of drunken driving and the negative effects that a drinking and driving conviction can have on one’s personal and professional life, tens of thousands of motorists are arrested for DUI-DWI every month in the United States. Amazingly, almost one-third of all drunk driving arrests involve a repeat offense; based on this fact alone, it is certain that many American drivers, including motorists from the Garden State, are treading on dangerous ground when it comes to suffering not only physical injury, but also collateral effects on one’s career and livelihood.

Surprisingly, some may say, is that the overwhelming majority of DWI-DUI arrests entail a motorist being stopped returning from a likely pleasant outing with friends, family or coworkers. With the number of people participating in these kinds of social events, the odds of having at least one sober individual who could drive an intoxicated individual home is probably quite high. Yet, week after week, hundreds of New Jersey drivers are hit with summonses for operating a motor vehicle while under the influence of alcohol.

It is perhaps wise to remind readers that even one drunk driving conviction can have a devastating impact on a person’s ability to get to work, or even cause problems for an individual as far as maintaining one’s job. These days, with an already tight job market, does it really makes sense to risk losing one’s job because of having a drink or two with friends? For anyone who questions the potential consequences of a DWI conviction, we have some sobering thoughts on the subject.
Continue reading

August 19, 2014

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

by Jonathan F. Marshall

We recently started addressing some of the more commonly asked questions regarding drunk driving arrests, DWI charges and DUI-DWI convictions here in New Jersey. For those individuals who have already experienced a drunken driving arrest first hand, some of the issues we have and will discuss may seem quite familiar. However, the best time to learn about the ins and outs of DWI and drug DUI defense is usually before one is arrested and charged with driving under the influence of alcohol or drugs.

Right off the bat, we will say that if you or someone you know has been issued a summons or otherwise charged with intoxicated driving or breath test refusal, it is usually in your best interest to seek out the help of a skilled trial attorney with years of experience in handling drunk driving cases for drivers accused of DWI or DUI here in the Garden State.

Over the years, as New Jersey DUI-DWI attorneys, my legal team has helped hundreds of people fight charges levied against them by local and state police in counties such as Bergen, Atlantic, Ocean and Monmouth. Whether a motorist has been accused of drinking and driving, operating a motor vehicle while impaired due to legal use of a prescription medication, or the taking of illicit drugs (maybe even a marijuana possession charge in a motor vehicle), our attorneys and professional legal staff are ready to lend their expertise to a client’s defense.
Continue reading

August 17, 2014

Ocean County Woman Charged with Driving While Intoxicated, Plus Child Endangerment

by Jonathan F. Marshall

As experienced DWI defense lawyers, my law firm understands how many drivers who are accused of DWI can be quite nervous about the serious consequences they may be facing following a drunken driving arrest. It is important to note, however, that some instances of drunk driving may be much more damaging for one person than for another. In fact, a DWI conviction — or even simply an arrest for alleged DWI-DUI can severely impact some individual’s future career opportunities.

Commercial truck drivers come immediately to mind when the topic of intoxicated driving comes up. But other people, not just professional drivers, can suffer the aftereffects of a DUI conviction in many ways. The question of trust, employee safety and company liability are all serious issues that companies, both large and small, must consider when an employee is found guilty of driving under the influence of alcohol or drugs. Like it or not, the complications of a DUI-DWI arrest and subsequent conviction can have long-term effects on many New Jersey drivers.

We were reminded of the havoc that a DWI conviction can have on some individuals just a short time ago when we read a news report of a Bayville woman who was taken into custody by Toms River police after she allegedly slammed into a fire hydrant with her car early on a Friday afternoon. Apparently, the 50-year-old woman had recently been hired as a babysitter by a local woman to take care of her son at home. Based on police reports, the officers stated that the babysitter had been discovered drunk at her employer’s home earlier that day.
Continue reading

August 14, 2014

Drunk Driving Defense Update: Some New Jersey DWI Cases can be Appealed following a Conviction

by Jonathan F. Marshall

Here in New Jersey, being arrested for DWI or driving under the influence of alcohol is different from many states because Garden State motorists accused of impaired driving are not permitted a trial by jury. Instead, drivers who have been charged with DWI or drug DUI will get a court trial with only a judge to decide the defendant’s guilt or innocence. As with many aspects of the legal system, there are pluses and minuses associated with a non-jury trial.

As experienced DUI-DWI defense attorneys, my colleagues and I know that with the lack of a jury trial, a defendant who is found guilty by a New Jersey municipal court judge in a standard drunk driving trial will usually be able to challenge that decision in a high court under the legal concept known as a “de novo appeal.” In such instances, the de novo appeal for a New Jersey DWI conviction will usually be heard by a second, county level Superior Court judge.

Under our system of laws, an appeal is usually filed by one of the two parties following a particular legal outcome arrived at by either a judge or jury, and which typically seeks a formal change to an official court decision. In broad terms, in a typical de novo appeal, the judge will review the trial transcripts from the original hearing, as well as listen to additional arguments from the defendant’s lawyer and the attorneys from the prosecutor’s office that originally filed the charges against the motorist.
Continue reading

August 11, 2014

Consider the Worst-Case Scenario when Facing DWI or drug DUI Charges in New Jersey

by Jonathan F. Marshall

Of course, everyone knows that a drunken driving conviction can have a substantial impact on one’s wallet or pocketbook; that’s a given, right? Well, some people know that there can be thousands of dollars hanging in the balance before the final verdict is handed down in municipal court, but that’s not the subject of today’s discussion. Right now, we are talking about the perilous effects that a DWI or drug DUI charge can have on a person’s job, livelihood and even long-term career prospects.

You see, as Garden State DWI-DUI defense attorneys, my colleagues and I know that there are a large number of more obvious consequences following a drunk driving or drug DUI conviction. These can and many times do include community service, license suspension, very stiff fines, and jail time. But these immediate and rather palpable consequences aside, most individuals fail to consider the truly devastating effect that a drunken driving or drug DUI conviction can have on one’s life and future happiness. Many people are simply not aware that they can end up with severe and long-lasting problems involving their job and career — not just now, but in the weeks, months and years following a DWI-DUI conviction.

As drunken driving defense experts, we understand why many normally law-biding citizens end up suffering much more serious personal and professional complications after being convicted of a drug DUI or DWI offense. Many first encounter the collateral effects of a conviction when they find that their job may be at stake for what seemed like an innocent lapse in judgment. Keep in mind that actions often do have consequences and, these days, drinking and driving can often trigger serious repercussions at work.
Continue reading

August 9, 2014

Garden State DWI News: Internist at Newark-Wayne Community Hospital Censured due to DWI Guilty Plea

by Jonathan F. Marshall

As New Jersey drunken driving defense lawyers, my colleagues and I know that a large percentage of people have no real idea of the long-term effects that a DWI or drug DUI conviction can have on a person and his or her family. Furthermore, those who may be concerned about the financial implications of a drunk driving arrest and possible guilty verdict may not fully grasp the extent of the financial pain that may be felt for years after a conviction for intoxicated vehicle operation.

Here in New Jersey, as in many parts of the country, a drug DUI or DWI conviction can result in a range of penalties including license suspension, fines, insurance premium increases, jail time, probation, alcohol and drug education classes, and possible installation of an ignition interlock device (IID). But if a person’s job involves driving a car, truck or bus, the implications go well beyond the relatively minor financial penalties and other inconveniences of a guilty verdict — some may find that themselves facing firing, unemployment and a serious impediment to one’s career.

Even for those who don’t necessarily rely on their ability to drive can find an employer is much less enthusiastic about any kind of drunken driving conviction. Such can be the case for all manner of jobs and employment situations. Take, for instance, the story of a physician at the Newark-Wayne Community Hospital who received a censure by his state’s Department of Health following a guilty plea to a driving while intoxicated charge in 2013.
Continue reading

August 8, 2014

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

by Jonathan F. Marshall

For anyone arrested on a drunk driving offense, the immediate issue is usually finding a good lawyer to help defend against the state’s prosecution of those charges. In short, your time has come and action should be taken to seek legal counsel regarding one’s DUI-DWI case. For the balance of the people out there who may be wondering about the pros and cons of a DWI arrest and possible conviction, it may be a good idea to consider the worst-case scenario and then go backward from there.

As New Jersey DWI attorneys, my law firm does defend many individuals who have been accused of impaired driving — either through the use of alcohol or the taking of legal narcotic medications (perhaps even the taking of illicit drugs) — but we in no way condone intoxicated vehicle operation or driving a car, truck or motorcycle while under the influence of drugs or alcohol. The best way to avoid a DWI or drug DUI is to avoid consuming any amount of alcohol before getting behind the wheel of a vehicle.

Here in the Garden State few motorists have anything good to look forward to if a DWI-DUI conviction is the ultimate result. In addition to the often thousands of dollars in fines, fees and insurance premium increases, accused drunk drivers should also expect the installation of an ignition interlock device on their car once their driving privileges have been restored.
Continue reading