New Jersey DWI Lawyer Blog

July 20, 2014

Manchester Resident Convicted of DWI, Vehicular Manslaughter Four Years After Fatal Ocean County Car Accident

A little over a week ago a New Jersey driver was convicted in an Ocean County courtroom of drunken driving and vehicular manslaughter in a fatal 2010 DWI-related traffic accident that left an Ocean Gate police officer dead. According to news reports, the jury deliberated less than one hour before rendering a guilty verdict in the case of Erick Uzcategui, whose vehicle struck an SUV driven by off-duty police officer, Jason Marles. As a result of the jury’s decision, the 34-year-old Manchester, NJ, resident faces a prison term of between five and 10 years.

The crash that led to the arrest and eventual conviction of the driver, reportedly took place on Thanksgiving back in 2010. At the time, according to court records, the defendant was operating his BMW sport utility vehicle along a section of the Garden State Parkway when he apparently lost control of the vehicle and slammed into the back of Officer Marles’ Jeep Grand Cherokee. The force of the impact cause the policeman’s vehicle to spin and subsequently crash through a nearby guardrail, after which the vehicle rolled and caught fire.

Based on news articles, the police believed the driver of the BMW to have been impaired due to alcohol consumption and possibly drug use involving cocaine and a steroid known as Oxandrolone. As New Jersey DWI defense attorneys, we noted that the outcome of this case came after a rather extended period of time. Almost four years after the initial incident, many people were likely frustrated by the slow pace of the case; with blame settling squarely on the defendant’s lawyers for an unhurried approach to defending their client.
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July 18, 2014

Underage Alcohol Consumption: What Looks Like Teenage Hijinks Can Mean Serious Consequences for Kids

by Jonathan F. Marshall

Although the summer is not even half over, it seems like some parents are counting the days until the school year starts up again. But the fact of the matter is, summer vacation is still in full swing. For those families with junior high and high school kids, anxiety levels can be quite high as it is not unusual for some teens to experiment with alcohol or drugs during long unsupervised periods like this. While graduation parties are long past, family gatherings, vacation get-togethers and impromptu beach parties can bring youngsters together in close proximity to beer, wine and hard liquor; needless to say, the results can be very unsettling for many parents.

While some mother and fathers may feel that a little experimentation on the part of their teens is unavoidable, others believe it is simply unacceptable; the State of New Jersey is certainly sides with the latter. This time of the year, even teenagers who are just a couple years away from legal drinking age must surely feel that 21 is still a lifetime away. When parties and summer gatherings bring adults and kids together, it is not surprising that the temptation to sneak a drink an be strong for some of these kids.

As New Jersey DWI defense lawyers, we are not here today to argue the moral aspects of underage drinking, but we do have a number of caveats that any underage teen or young adult should consider before indulging oneself when alcohol is nearby and plentiful. Especially for those driving-age kids, the dangers of intoxication could have deadly results when alcohol in any form does not receive the respect that it deserves, and which can only come with age and experience.
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July 17, 2014

Brick Township Driver may Serve Prison Time for Fatal 2012 Ocean County DWI Auto Accident

by Jonathan F. Marshall

Driving while intoxicated (DWI), drunken driving, driving under the influence (DUI), or impaired operation of a motor vehicle — whatever you call it, drinking and driving in the Garden State is definitely not something that the police or our courts look at favorably. In fact, wherever you reside — be it Middlesex, Morris, Atlantic or any of the 20 or so other counties — the odds of being arrested and charged with a drunk driving offense can increase once a person gets behind the wheel of a car or truck after even one drink.

As New Jersey DWI defense attorneys, my law firm is committed to helping motorists who have been accused of DWI or drug DUI fight for their rights in courtrooms throughout the state. Over the many years of representing individuals charged with drunken driving, my colleagues and I have litigated dozens upon dozens of drunk driving cases. It goes without saying that many DWI-DUI cases involve traffic accidents, some of which are rather minor, while others entail more serious outcomes. And, there is a certain percentage of DWI-related accidents that entail more tragic results.

As skilled Monmouth County trial attorneys with expertise in drunk driving law, my legal team has defended numerous clients accused of a DWI- or DUI-related traffic collision. Because we believe that everyone deserves a proper defense under the law, my firm is ready and willing to represent our clients’ best interests. On the other hand, we understand the need for highway safety and therefore we do not condone the mixing of alcohol and driving.
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July 14, 2014

New Jersey Drunk Driving Defense Notes: Nothing Wrong with Fighting an Undeserved DWI-DUI

by Jonathan F. Marshall

For those individuals out there who may be on the fence about fighting a drunken driving charge in a New Jersey courtroom, we have a few words of encouragement. While it may seem difficult to challenge the often monolithic institution represented by state and local law enforcement agencies, our court system is another significant — and very important — institution where the so-called “little guy” can dispute the charges levied against him by the state.

If a motorist is pulled over for a traffic infraction, only to find herself taken into custody and cited with drinking and driving, there are options available. From the standpoint of protecting oneself from harsh monetary fines and other penalties, it is always a good idea to consult a qualified DWI or drug DUI trial lawyer. In particular, for anyone who has been charged with a DWI-DUI offense, the first question that should come to mind is, “How can I fight this drunken driving charge?” As Garden State DWI defense attorneys, our initial comment would be to act as quickly as possible.

My colleagues and I have been defending drivers accused of intoxicated and drug-impaired driving for many years. We know that time is one of the more critical factors when deciding to fight a DWI or drug DUI charge. Certainly, it is highly recommended to contacting a skilled DWI attorney early on in order to get the best possible advice that may help guide the accused motorist through the steps often necessary to avoid a drunken driving conviction.
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July 12, 2014

New Jersey Teens Playing with Fire? Underage Drinking/DWI can have Long-term Implications

by Jonathan F. Marshall

One of the many questions we get from prospective clients comes actually from the parents of teenagers who are facing charges of underage DWI. The first thing we explain to the adults is that leaving the outcome to chance is never a good idea. While the individuals involved in such court cases may still be children, flirting with a drunk driving conviction at such a young age is certainly not kid stuff.

As New Jersey drunk driving attorneys, the legal staff at my law firm understands that kids may be kids, but being on the hook for a drinking and driving offense is no time to leave a case of underage DWI to an inexperienced lawyer. Our skilled attorneys have nearly 100 years of combined litigation experience. We know the implications of any DWI or drug DUI conviction and we are ready to offer recommendations to those motorists who seek our counsel.

In the area of underage drinking and underage DWI, we understand that parents are often frustrated by the choices that some of their children make, especially as they are quickly approaching adulthood. Quite frankly, we can appreciate that it is a full-time job these days just keeping some kids on the “straight and narrow” path. The irony is that many parents committed similar transgressions in their youth, which can sometimes result in them being even more strict when setting boundaries for their own children.
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July 11, 2014

Garden State DWI-DUI Update: Avoid Running Aground with a Boating While Intoxicated (BWI) Charge

by Jonathan F. Marshall

While some non-boaters probably don’t know that the State of New Jersey legal statutes have a specific section that covers operation of a watercraft while under the influence of alcohol, prescription meds or illicit drugs; however, anyone who does pilot a boat in state waters should be aware of the law that addresses such situations. As Garden State drunken driving defense lawyers, my colleagues and I know the downside to being arrested, charged and convicted of DWI, but it is important to note that BWI (boating while intoxicated) has its own consequences.

When it comes to operating a watercraft while under the influence, the BWI statute (specifically N.J.S.A. 12:7-46) acts very much like the automobile-related DWI law (N.J.S.A. 39:4-50). If a boater is charged with BWI, my firm is staffed with a group of highly skilled and experienced attorneys who know how to handle such cases. For instance, a qualified DWI-DUI lawyer should understand that in order for the state to prove a person is guilty BWI, three elements must be covered:

First and foremost, the prosecution must show that the defendant was actually operating the watercraft or vessel in question. Second, the alleged operation of said vessel must have occurred on waters within the legal jurisdiction of the State of New Jersey. Finally, the third element involves proving that the accused boater was legally under the influence of an intoxicating beverage; or a hallucinogenic, narcotic, or habit-forming drug.
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July 9, 2014

New Jersey Motorcyclist Injured in Toms River Collision Gets DWI Plus Several Drug-related Charges

by Jonathan F. Marshall

As a long-standing drunk driving defense law firm, the Law Offices of Jonathan F. Marshall have been helping motorists fight intoxicated driving and drug impairment charges for many years. If there is anything that my colleagues and I have learned during this time, it’s to never underestimate the role that fate can play in one’s life. We were reminded of this just a few days back when we ran across a news article about a motorcycle rider who started his evening as the victim of an automobile accident headed to the hospital and ended as the recipient of a DWI summons, as well as more serious charges of CDS possession.

Before we describe the incident, it is important to mention that police allegedly found more than 100 bags of heroin either on the motorcycle rider’s person or loaded onto his bike. In either case, being charged with heroin possession and/or distribution should not be taken lightly. As criminal attorneys, as well as drunken driving lawyers, my legal team is well aware that a conviction for heroin possession/distribution comes with very harsh penalties under New Jersey law.

In fact, possession of ANY amount of heroin, which is defined as a controlled and dangerous substance (CDS), is guilty a third degree criminal offense with possible jail time of up to five years. The fine for a conviction of Third Degree Heroin Possession, at upward of $35,000, makes the fines and statutory assessments for drinking and driving seem like a drop in the bucket. Needless to say, this is a very serious offense to be hit with.
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July 7, 2014

Garden State Drunk Driving Update: What to Expect During a DWI-related Traffic Stop

by Jonathan F. Marshall

Being arrested for intoxicated driving, especially if one is a law-abiding citizen, is nothing if not a traumatic and worrisome event. Motorists who are pulled over for traffic infractions generally are nervous to begin with, but if the driver knows that he consumed even a little alcohol previous to the police stop, that person’s anxiety level may be quite obvious to the patrolman in charge. As New Jersey trial lawyers and experts in the field of drunk driving defense, my legal staff is sympathetic to our clients’ situations, especially in cases where they believe they have done nothing wrong.

While it is often difficult to plan for an unforeseeable event, such as a DWI or drug DUI arrest, it is nevertheless a good idea to review some steps to take when such an occurrence does take place. Since most drunken driving arrests begin with a police stop for what is often a simple traffic infraction, it is wise to understand one’s rights under such circumstances.

When looking at what to do prior to and during a routine traffic stop, it is important to remain calm and react in a safe and predictable manner. This can begin the very first moment when a motorist notices that police cruiser following his or her car. Most drivers will likely see a patrol car in their rearview mirror just a short time before the officer switches on his emergency lights. In such instances, it is critical to act in a rational and intelligent fashion in order to demonstrate to the officer your ability to make intelligent and safe driving decisions from the onset.
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July 6, 2014

Alleged Drunk Driving Accident in Burlington County Leads to Driver’s Arrest for DWI, Drug Possession

by Jonathan F. Marshall

We won’t mince words here, because we know that being arrested for drunken driving (DWI) or drug impairment (drug DUI) in the Garden State cannot only be an unnerving and embarrassing experience, it can end up being a costly and burdensome event in one’s life. In fact, while some people may think that the worst is maybe several hundred dollars in fines, estimates regarding the long-term cost of a single DWI-DUI conviction show the cost more in the thousands of dollars.

When a person realizes that a conviction for driving under the influence can have that sort of financial impact, they almost don’t see the additional downside to having something like a DWI or drug DUI on their record. Negatives such as the loss of driving privileges for months at a time, having to hitch rides with friends and family to go anywhere during their license suspension, the possibility of being required to have an ignition interlock device (IID) installed once their license has been reinstated, and even jail time. It goes without saying that any one of these on its own could have a serious impact on one’s life and livelihood.

As New Jersey drunk driving defense attorneys, my legal team has been defending motorists accused of impaired driving for many years. We understand our clients’ concerns and we work hard to fight for your rights in court. It’s true that many people who have been charged with driving under the influence of alcohol or drugs might not have much hope of good outcome in court, we know from experience that receiving a DWI or DUI summons is not the end of the world, but it certainly needs professional attention.
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July 4, 2014

Somerset County Anti-DWI Police Activities in Full-force this July Fourth Weekend

by Jonathan F. Marshall

Operating a motor vehicle while intoxicated in the Garden State is dangerous for everybody, but it could be that much more risky — at least from a legal standpoint — due to the fact that drunk driving enforcement is a priority for the July Fourth holiday already in progress. Whether one travels though counties such as Sussex, Union, Mercer or Atlantic, or any other part of New Jersey, our highways, interstates, parkways and surface streets are currently experiencing greater than normal vehicular traffic; similarly, police DWI-DUI patrols are also increased for this long holiday weekend.

As New Jersey DWI and drug DUI defense attorneys, my colleagues and I fully understand the serious nature of any drunk driving or drug-related DUI arrest. Not even considering the possibility of a conviction for drunk or drugged driving, simply the stigma of being charged with driving under the influence can cause strife in a marriage, alienate one from friends and relatives, and even affect a person’s standing at work or in the community.

As experienced DWI lawyers, my legal team is ready, willing and able to fight for the rights of individuals who have been accused of impaired driving. We do so, not only because we believe in the law and our American legal system, but also because some arrests are faulty and can be proved so. During this time of the year, especially, drunken driving offenses are logged all across the Garden State. Much of the activity during weekends like the Fourth of July can be attributed to anti-DWI campaigns, which can include an increase in the frequency of roadside sobriety checkpoints as well as high-saturation DWI-DUI police patrols.
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