New Jersey DWI Lawyer Blog

June 7, 2014

Middlesex County DWI News: South Brunswick Twp. Increasing DWI-DUI Enforcement Efforts this Weekend

The official start to summer is not very far off, but drivers traveling in vicinity of South Brunswick should be aware that township police will be on higher alert for drunk drivers and those operating in an impaired state this weekend. According to news reports, roving patrols and sobriety checkpoints (aka DWI or drunk driving roadblocks) will be conducted in various parts of the township. As New Jersey DWI-DUI defense lawyers, our advice is to avoid any alcohol, take public transportation home from parties or other gatherings, or enlist the services of a designated sober driver.

Drivers coming from other areas and traveling through the South Brunswick area will likely be seeing evidence of increased traffic enforcement as the weekend continues. In fact, this is just the beginning of a usually more frequent and greater level of police activity, if only because the summer official begins in just a couple weeks. Being long-time drunken driving defense lawyers, my colleague and I know that Garden State roadways will be packed with vacationers, as well as police, each weekend as the summer progresses.

As with any enhanced enforcement period, the chances of being stopped for one of any number of minor traffic offenses is higher than the slower times of the year. And while police officers by law are not allowed to stop a motorist simply on a hunch that he or she may be intoxicated or otherwise impaired by alcohol or a controlled dangerous substance (CDS), there have been instances in the past where the state’s case has been thrown out, or the charges reduced, simply because a patrolman did not follow proper procedures when making a traffic stop that eventually led to a DWI or drug DUI.
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June 6, 2014

New Jersey Drunken Driving News: Police DWI Arrests in Hunterdon County

by Jonathan F. Marshall

As long-time practicing Garden State legal professionals, my law firm has dedicated itself to helping those motorists who have been charged or otherwise accused of operating a motor vehicle in an intoxicated or impaired condition. Whether the charges stem from suspicion of alcohol consumption, the taking of doctor-prescribed medications, or illegal drug use, our legal team has the training and litigation skills to represent individuals who feel they have been charged with an unwarranted offense.

We have been defending New Jersey drivers for a great many years, and because of this we understand the truly onerous financial impact that a DWI or drug DUI conviction can have on single individual or a family. While some people may only consider the fines and court fee associated with a drunk driving conviction, they do not always look at the long-term monetary cost of mandatory insurance premium increases, which can add up to thousands of dollars over the course of several years.

With the aforementioned said, my colleagues and I know that the best way to beat a drunk driving summons is to avoid it in the first place. Understanding, as we do, the effect that human nature has on the outcome of certain events, such as being arrested for driving while intoxicated, there are time that one can be caught off guard without much warning. The summertime can often be fraught with police-related traffic stops along the parkway, on interstates and through cities and towns. Many of the police stops that take place involve the possibility of an impaired driving arrest.
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June 3, 2014

Garden State DWI Update: Reviewing the Penalties for a Boating While Intoxicated Conviction

by Jonathan F. Marshall

Quite frequently during course of the summer it is not uncommon for New Jersey DWI and drug DUI defense attorneys to receive numerous inquiries regarding the validity of a BWI summons, better known as a boating while intoxicated offense. The fact that the bulk of these kinds of charges crop up during the warmer weather is hardly surprising given the marked increase in boaters and recreational fishermen who take to the waters off of the Jersey Shore, as well as on the inland waterways throughout the Garden State.

As Monmouth County DWI-DUI lawyers, we understand fully the confusion that surrounds a BWI arrest or issuance of a summons related to intoxicated boating. While most people understand that driving under the influence of alcohol or prescription drugs is a serious offense when on New Jersey roadways, many find it somewhat difficult to equate the seriousness of drunk driving to the operation of a watercraft.

One of the possible trains of thought is that there are fewer boats on the water than cars on the turnpike, so why should drinking a little alcohol while piloting a powerboat be such a serious matter? Another rationalization could be that boats don’t travel as fast as cars, so collisions, if they occur, should be less dangerous. Unfortunately, New Jersey law enforcement agencies, as well as the state’s legislators, feel much more strongly about the dangers of drinking while operating a boat. Either way, the fact remains that BWI is a chargeable offense and a potentially costly one as well.
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June 1, 2014

Ocean County, New Jersey, Prosecutor’s Office Declares ” Zero Tolerance” for Summertime DWI Enforcement

by Jonathan F. Marshall

With summer now two weekends old, many Garden State drivers and more than a few out-of-state motorists passing through will have been stopped by New Jersey state troopers or one of many municipal cops trolling the state’s parkways, turnpikes and interstates in search of traffic law violators. As part of the routine number of police stops involving the issuance of citations for any number of moving violations, patrolmen often find drivers who may have imbibed a little too much beer or wine prior to getting behind the wheel. This can sometimes lead to a costly and often embarrassing DWI arrest.

As New Jersey drunk driving defense lawyers, my firm is dedicated to helping those motorists who have been accused of drinking and driving, operating a motor vehicle while under the influence of prescription medication, or some other impaired driving offense. While some may argue that hiring a lawyer to defend against a DWI or drug DUI summons is not worth the cost, those people often do not consider the long-term effects of a drunk driving conviction, which include mandatory increases in a defendant’s auto insurance premiums, which last for several years and total thousands of dollars.

Of course, the best defense against being convicted for DWI-DUI is simply not to drink and drive in the first place; even a small amount of alcohol in one’s bloodstream can result in a bevy of serious charges — and that doesn’t even include the possibility of getting into a personal injury accident as a consequence. Nevertheless, human nature often wins out over common sense, which is why we constantly see enhanced police traffic enforcement during certain times of the year when drunken driving is most prevalent.
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May 29, 2014

NJ DWI-DUI Update: Don’t Let Summer Fun End with a Summons for Intoxicated Boating

by Jonathan F. Marshall

It is probably safe to say that winter is over and done with here in the Garden State. Now, with summer officially in full swing, we feel obliged to remind readers that vacation revelry can lead not only to instances of drinking and driving, drug DUI and other related chargeable offenses, but it can also result in faulty judgment calls, especially during extracurricular activities such as power boating and sailing. As drunken driving defense attorneys here in Monmouth County, we know that drunk driving is just one of several potential violations that can and do take place along the Jersey Shore.

Many people who have visited this state’s fabulous ocean-side venues up and down the Garden State coast may already have experienced the embarrassment of receiving a DWI or drug DUI summons during a visit to the seashore. Those who came to enjoy boating and other watersports — either off the shoreline or in one of this state’s numerous waterways — may have found themselves being approached by law enforcement officers after a minor boating-related mishap or simple procedural error while negotiating New Jersey waters.

For some of those who may have imbibed a little bit before their encounter with local police, coastguard, or sheriff’s department personal may have found themselves cited for being intoxicated while piloting their watercraft. Boating while intoxicated (or BWI) has been an offense in New Jersey since the early ’50s. About twenty years ago, legislators in Trenton revised the BWI statutes to provide a handful of ways in which a boater can be charged with drunken operation of a vessel.
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May 27, 2014

As Summer Season Approaches, State and Local Police Begin Announcing DWI Sobriety Roadblocks

by Jonathan F. Marshall

With the days getting longer, many people already know that the summer driving season is fast on its way, and with it tens of thousands of vacationers — both local and out-of-state — heading to the Jersey Shore and other vacation venues. Now is the time when drinking and driving is a common topic in law enforcement circles throughout the state. Saturation patrols, drunken driving roadblocks and overall increases in anti-DWI enforcement are back as usual.

As highly experienced drunk driving defense lawyers, my colleagues and I have dedicated ourselves to assisting drivers who have been accused of operating a motor vehicle while intoxicated by alcohol or impaired by prescription or illicit drugs. Certainly, there is a percentage of motorists charged with DWI or drug DUI that believe they do in no way deserve being accused of such offenses. In such cases, it is possible that police may have made a poor judgment call based on faulty observations. In other instances, whether the driver was truly intoxicated becomes a serious point of contention due to a possible procedural error on the officer’s part.

Improper procedure, such as that required when conducting a breathalyzer test, can have a significant impact on the outcome of a drunken driving case, which can ultimately result in a dismissal or reduction in the charges. If the prosecution cannot clearly show that the officer made a proper traffic stop to begin with, this is also a potential avenue for a motion to dismiss the charges against the defendant. Naturally, the details of the incident and the facts presented at trial will have a great bearing on the judge’s decision in the case.
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May 25, 2014

Rutherford Driver Indicted for Vehicular Manslaughter after Fatal 2013 DWI Pedestrian Accident in Bergen County

by Jonathan F. Marshall

While many people know that drunk driving is a risky activity, to say the least, fewer know the true consequences of being found guilty of a DWI or drug-related DUI that results in bodily injury or death. As New Jersey DWI lawyers, we understand how frightening it can be to face potential jail time for what seems to be a simple error in judgment. Regardless of whether a defendant in DWI and drug DUI cases believes he or she is innocent of wrongdoing, the fact is that municipal prosecutors all across the Garden State pursue aggressive legal action against those motorists accused of drunken driving when tied to injury-related automobile accidents.

Whether you or a loved one have been accused of intoxicated driving combined with vehicular assault or death by auto charges, the value of having a qualified drunk driving defense attorney on one’s side is immeasurable when compared to the possible negative aspects of a DWI conviction. It goes without saying that the monetary penalties are often the least of one’s problems when faced with mandatory jail time following a guilty verdict in a DWI or drug DUI case.

Taking an aggressive approach to defending our clients, the legal team at the law offices of Jonathan F. Marshall recognizes that not every drunken driving case is as clear cut as the local prosecutor may have the court believe. Our skilled defense lawyers have nearly 100 years of combined litigation experience, all of which can make a difference when fighting serious charges of driving while impaired by alcohol, doctor-prescribed meds, or illicit drugs (otherwise known as controlled dangerous substances or CDS).

From time to time, there are certain DWI-DUI cases that present considerable challenge from a legal standpoint, especially those involving significant property damage or bodily injury. The most serious of these would be drunken driving-related traffic accidents resulting in the death of one or more individuals. It goes without saying that the penalties for DWI in an injury-related or fatal accident case are much greater than other DUI-DWI cases that do not include personal injury or possible claims of wrongful death.
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May 23, 2014

Monmouth County DWI Police Blotter: Middletown Twp. Police Charge Numerous Individuals with DWI, Other Offenses

by Jonathan F. Marshall

Middletown police filed multiple arrests in late April and early May for motorists in the area who were suspected of drunken driving and other DUI-related traffic offenses. As Garden State DWI defense lawyers, my team of experienced trial attorneys understand the fear and apprehension that a drunk driving arrest can cause the average person. But regardless of the circumstances under which a driver has been accused of intoxicated operation of a motor vehicle, the prudent course is often to contact a qualified DWI lawyer for advice and counsel.

Although the state of New Jersey has banned plea bargaining in cases of DWI and drug DUI, there are still instances where the state’s evidence does not hold up in court. As such, a skilled drunk driving defense lawyer has the litigation background and legal training to handle a DWI-DUI case and perhaps lessen or reduce the potential penalties following a drunken driving conviction. There are occasions where the court will dismiss a DWI charge, based on lack of evidence or improper police procedures that are specified by law.

As with many kinds of criminal and civil court cases, the secret to avoiding a conviction or obtaining a downgrade in charges, and therefore penalties, is identifying certain points that will help to undermine the prosecution’s case against the defendant. Interesting enough, many DWI and drug DUI charges arise from what began as a simple or relatively routine traffic stop.
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May 23, 2014

Bergen County DWI News: Police Officer Seriously Injured by Alleged Drunken Driver

by Jonathan F. Marshall

One doesn’t necessarily need a New Jersey drunk driving defense attorney to tell you that injuring or killing another individual in an alcohol or drug-related car accident can pose some serious complications to any DWI defense case. Even so, few people truly realize how serious the consequences can be for a drunken driving-related car or truck collision that involves injury or death.

As experienced Garden State drunk driving defense attorneys, my colleagues and I take our responsibility very seriously when we assist those who have been accused of a drug or alcohol-related impaired driving charge. We also use an aggressive approach when representing our clients in these kinds of serious DWI-DUI cases. From time to time we have clients who are defendants in DWI cases that involve an injury-related drunk driving accident. Whenever situations like this crop up, we highly recommend that those accused of DWI or drug DUI consult with a skilled trial lawyer experienced in drunken driving cases.

Here in New Jersey, the potential penalties following a conviction for a drunk driving accident involving serious bodily injuries or fatalities are significantly greater than the more run-of-the-mill DWI-DUI cases that are not injury-related. It goes without saying that DWI and drug DUI offenses that are tied to a fatal car crash carry the most severe punishments. For these kinds of cases, if the defendant is found guilty of drunken driving, the result will be felony conviction and mandatory prison time.
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May 21, 2014

Police in Ocean County Arrest Three Drivers in Separate DWI-related Incidents

by Jonathan F. Marshall

Three individuals were recently taken into custody around Ocean County on charges of drunken driving, though the circumstances were rather different for each of the motorists accused of DWI. As Garden State trials attorneys and professional drunk driving defense lawyers, the legal team at the law offices of Jonathan F. Marshall knows that DWI and drug DUI arrests can take place at any time of the day. As longtime advocates for motorists accused of driving while intoxicated, we also are well aware of the odd situations in which some people find themselves, which result in such encounters with the law.

Take the recent arrest of a 42-year-old Barnegat resident when he was observed by patrolmen asleep behind the wheel of his vehicle as it was idling in a McDonald’s fast-food restaurant drive-through. According to the news story we ran into, Stafford Twp. police were called to the scene of a possibly inebriated individual around 2pm on a Friday morning. Based on the police report, the driver had only moments earlier placed an order for some food with the staff at McDonalds when he apparently fell asleep while in line for his order.

The restaurant staff was unable to awaken the man, who apparently passed out in his car. Officers arriving on the scene reportedly roused the motorist and then charged him with driving under the influence of alcohol. He was also found to have had a number of outstanding warrants totaling more than $2,500. He was booked and eventually remanded to the Ocean County Jail in lieu of bail.
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