New Jersey DWI Lawyer Blog

May 19, 2014

Serious Penalties Await New Jersey Driver Convicted of Second DWI Plus Other Offenses

There is no better advice that one could receive — at least when it comes to avoiding an arrest for DWI — than to not invite misfortune in the first place by simply not drinking before driving. That said, if one is arrested for and subsequently convicted of drunken driving, the penalties for driving under a suspended license, especially while intoxicated will not engender much compassion from any New Jersey court. Our laws here in the Garden State are very strict concerning drunken driving and drug DUI, and because of this there can hardly be a good reason not to consult with a qualified drunk driving defense lawyer when facing some serious charges.

As longtime New Jersey DWI-DUI attorneys, my colleagues and I are very familiar with penalties associated with first, second or subsequent drunk driving convictions. We also know that there are few situations where going it alone in a courtroom will result in a good outcome for a defendant. Here in New Jersey, there are no plea deals allowed in situations involving DWI or drug DUI charges, therefore understanding what one is facing before stepping into a New Jersey municipal courtroom is in most everyone’s best interest.

Of particular concern would be those motorists who already have one drunk driving conviction under their belt. While it is preferable to avoid a first conviction for DWI-DUI altogether, once on a driver’s record there should be a great incentive for a motorist to pick up the phone and contact a qualified DWI attorney should a second arrest occur. There is never a better time like the present to find out the legal ramifications of a second or third conviction when it comes to penalties in terms of monetary fines and that of potential jail time.
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May 17, 2014

Summertime is Almost Here, Yet Serious Penalties Exist Year-round for DWI in School Zones

by Jonathan F. Marshall

We’re fast approaching the first day of summer, when kids all over New Jersey will be running toward the exits of many primary and secondary schools. With warm weather finally here and families making vacation plans for the Jersey Shore and other summer fun spots, it is important to remember that school is still in session. And regardless of whether kids are in school or not, local and state police are still keen on pulling motorists over when they are observed making even the most basic of driving errors in a school zone.

Many drivers are likely aware that increased penalties exists for those drivers convicted of intoxicated operation of a motor vehicle while within 1,000 feet of school property, but what most people may not realize is that it makes no difference whether school is in session or if children are present or not, the enhanced monetary fines and other penalties for DWI in a school zone are always in effect.

As Garden State drunken driving defense lawyers, my firm’s legal team understands New Jersey DWI-DUI law. Potential clients visiting our offices can include those individuals who have been arrested for or charged with driving under the influence of alcohol, doctor-prescribed medication, or an illegal controlled dangerous substance (CDS). Whichever is the case, if convicted, a driver will be looking at some rather unpleasant penalties.
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May 16, 2014

New Jersey Police Joining Forces to Write Up Seatbelt Violators May Find Intoxicatedd Drivers Too

by Jonathan F. Marshall

Many motorists may not realize it, but we will soon be in the midst of another highway safety campaign here New Jersey. Just as law enforcement agencies throughout the Garden State have benefited from funding to enforce mandatory seatbelt laws, towns such as Wayne, NJ, up in Passaic County will see their police officers out on patrol looking for traffic violators. And, while this may not concern most people, what it means is that the heightened vigilance and, likely, increased manpower on our public roadways could result in an uptick in drunken driving arrests as well.

As Bergen County DWI and drug DUI defense attorneys, my colleagues and I are attuned to the goings on throughout the state of police actions that can result in greater than normal drunk driving arrested, impaired driving summonses and marijuana (and other CDS) possession charges. This latest campaign will begin on May 19 and run through the first of June. It also reminds everybody of the coming summer vacation season, when the frequency of DWI-DUI patrols are typically increased due in response to the annual influx of tourists and party-goers to the Jersey Shore and other venues.

According to a new article, one of a vanguard of driving safety campaigns was announced by the Wayne Township PD recently. The so-called “Click It or Ticket” campaign is tailored to increase the awareness of drivers and passengers alike regarding the state law that requires all passengers to wear a safety belt regardless of where they are seated in the vehicle. Even though violation of the Garden State’s seatbelt law is a secondary offense, meaning that a motor vehicle cannot be pulled over solely because a police officer observes a motorist or passenger riding “sans belt,” the larger volume of police patrols will likely make for a busy campaign of traffic enforcement.
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May 14, 2014

Fender-Bender or Simple Flat Tire… In Jersey, Either Can Lead to a Costly DWI

by Jonathan F. Marshall

The odds of receiving a drunk driving summons in New Jersey are not as slim as many might think, especially in cases where a driver may be returning home from a night out with friends and there is some alcohol in the driver’s system. Of course, one of the more tried-and-true ways to avoid a DWI arrest and related charges is to not get behind the wheel of any motor vehicle when one has had a couple of drinks, or more. At the same time, it is not unheard of to see motorists who have not had a drop of beer, wine or hard liquor end up being arrested for some kind of impaired driving.

As Garden State DWI-DUI defense attorneys, my legal team knows that the easiest way to find out whether one will be suspected of driving while intoxicated is to either get into an accident or drive in a (supposedly) careless or reckless manner. Even a simple vehicle equipment violation can open the door to scrutiny by a local police officer or state patrolman. Frankly, it doesn’t take much to get the attention of a law enforcement officer, no matter where one drives.

From the standpoint of the law, a motorist can be served with an impaired driving summons based on any number of alleged offenses, including consuming alcohol prior to hitting the road, ingesting an otherwise intoxicating substance, or operating a motor vehicle while under the influence of illegal drugs or even legal, and doctor-prescribed, medications.
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May 12, 2014

Sussex County Drunk Driving News: Vernon Police Arrest Several Individuals for DWI, CDS Possession

by Jonathan F. Marshall

Most every motorist in the Garden State likely knows that drunk driving arrests occur quite often all around the state. But whether or not one travels through Bergen, Monmouth or Ocean County, or Passaic, Hudson or Middlesex, being stopped by the police for a traffic offense does not necessarily mean that a driver will be charged with driving under the influence, though the circumstances will often dictate the outcome of any traffic stop.

Occasionally, receiving a DWI or drug DUI summons can be a simple matter of timing. One must understand that feeling one is in the right will usually not alter the way a patrolman or state trooper views that particular situation. As we often suggest to family and friends, it’s better to err on the side of caution — by locating a sober ride back home or taking public transport — than to risk being stopped by the police and possibly end up with a charge of impaired driving.

As experienced legal professionals, my colleagues and I have seen our share of courtroom situations where a driver committed a minor traffic violation only to find himself under arrest for drunken driving an hour later and waiting at the police station for a responsible party to pick him up. If a person has had any amount of alcohol recently, there is no reason to take chances — not only with one’s physical safety, but also legally — by getting behind the wheel of an automobile while potentially intoxicated.
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May 9, 2014

Police Blotter: Police in Monmouth County Report DWI, Drug-related Arrests in Middletown, Red Bank

by Jonathan F. Marshall

As DWI defense lawyers, my law firm has for years provided legal services to individuals who have been accused of driving while intoxicated by alcohol, impaired by prescription medications, and other drug or alcohol-related traffic offenses. Regardless of the circumstances — such driving home from an after-work get-together at a local pub, traveling along the Garden State Parkway following a social event, or even returning from a family gathering at the beach — if a driver has consumed even a seemingly minor amount of beer or wine, the opportunity can always exist for a DWI-DUI arrest.

As anyone who reads articles from local news sources can likely attest, there are near-constant reports regarding motorists who have been charged with driving a car, truck or motorcycle while inebriated, as well as some involving arrests for marijuana possession or prescription medication-related drug DUI. As professional drunk driving defense experts, my staff has represented clients in a wide variety of criminal and civil cases.

From DWI-related auto accidents and underage drunk driving, to arrests use or possession of a controlled dangerous substance (CDS), my law firm has the legal background and the trial experience to assist motorists accused of any manner of alcohol or drug-related traffic offenses. Living and working in the Garden State, it is not difficult to notice police activity on our roadways day and night. The following incidents are just a few of the typical (and some not so typical) arrests that take place in counties from Hudson and Passaic to Ocean and Cape May.
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May 7, 2014

New Jersey Lawyer Found Not Guilty of Obstruction During Client’s DWI Police Stop

by Jonathan F. Marshall

A lawyer from the Salem County area was found not guilty of charges he obstructed police during a drunken driving stop involving one of his clients last fall. According to news articles, the attorney appeared in a Woodbury Heights municipal courtroom with his own lawyer to address the charges that he interfered with New Jersey state troopers after they had pulled a vehicle over in Pilesgrove Twp. last November 24.

According to court records, on the evening of November 24, state patrol officers responded to a report of a hit-and-run traffic accident along a stretch of Point Airy Rd. in Salem County. Arriving at the scene, officers found a pickup truck matching the description of a vehicle allegedly involved in the earlier hit-and-run incident. The state trooper first on the scene stated to the court that the driver, 53-year-old local resident David Stout, began to exit his truck as she approached the vehicle, but got back into the truck when requested by the officer.

Based on news reports, the state troopers had been interviewing Mr. Stout for just a few minutes when a second civilian vehicle pulled up to scene. A man identified as Stout’s lawyer exited the passenger side of the second car, allegedly to advise his client to remain silent. Much of the event was apparently recorded by the state trooper’s dash-mounted video camera, according to police reports.

May 5, 2014

Garden State DWI Defense: Even Underage Drivers Should Avoid a Drunk Driving Conviction

by Jonathan F. Marshall

Everyone who holds a New Jersey driver’s license should know that a driving while intoxicated (DWI) or driving under the influence (DUI) charge is nothing to take lightly. In fact, drunken driving and drug DUI charges can carry with them severe consequences if a motorist is found guilty in a court of law. As Garden State drunk driving defense attorneys, my legal team is experienced in representing drivers who have been accused of these and other serious motor vehicle-related offenses.

One area of DWI law pertains to those drivers who have not yet reached legal drinking age, but for whatever reason have been charged with drunken driving. A person under the age of 21 can be convicted of DWI with a blood-alcohol concentration (BAC) of just 0.01 percent or more. This may seem like a rather harsh lower limit (especially when compared to the “normal” 0.08 percent for drivers 21 years of age or over), however this is the law and anyone who is underage and driving should seriously consider the consequences of being caught with even this small amount of alcohol in their system.

The penalties for underage DWI are listed in the New Jersey legal statutes (under N.J.S.A. 39:4-50.14). The law states that any person under legal drinking age who operates a car, truck or motorcycle with a BAC of 0.01 percent, but below 0.08 percent shall forfeit his right to operate a motor vehicle in New Jersey. This also applies to individuals who have not yet attained their operator’s license, since the statute specifically states that someone found to have an illegal amount of alcohol in his or her bloodstream shall be prohibited from obtaining a driver’s license for between 30 days to three months.
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May 4, 2014

Linden County Police Arrest Driver for DWI after Chase through Union and Middlesex Counties

by Jonathan F. Marshall

Most people will never end up in a situation where fleeing from the law becomes a perceived option, but it is not unheard of to see the results of a police chase end with an arrest for drunken driving. While alcohol may reduce an individual’s ability to safely control a motor vehicle, it can also reduce one’s inhibitions. As local and state police officers already know, a truly intoxicated driver can often make decisions that most people would usually think twice about.

As Garden State DWI and drug DUI defense attorneys, my colleagues and I are often called upon to assist accused drunk drivers. Many of these individuals believe that they were unjustly charged with a serious drunken driving offense by a law enforcement officer. While some people may choose not to fight a DWI-DUI summons, others believe that they deserve the right to state their case in a court of law. For a smaller percentage, the choice of retaining a qualified trial lawyer may be driven by other, even more serious concerns.

Fleeing a patrolman can often complicate one’s DWI defense, if only for the reason that high-speed chases increase the opportunity for bodily injury, not only to the driver himself, but to the officers and bystanders who may be caught up in a potential traffic accident as a result. New stories like the one we read just last month point up that fact that these types of incidents can and do occur here in New Jersey from time to time. In this particular instance, the subject of the chase was an out-of-state man who allegedly stole the vehicle he was driving.
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May 2, 2014

Garden State Drunk Driving Law Update: Jersey Motorists Charged with DWI Should Seek Help

by Jonathan F. Marshall

Considering the zealousness with which New Jersey law enforcement pursues drunken drivers, it’s not hard to imagine that local prosecutor’s offices are equally dedicated to convicting accused drunken drivers. With that in mind, it is important to remind anyone who has been charged with an alcohol- or drug-related driving offense that consulting with a qualified DWI-DUI defense attorney is often a good idea.

Our law firm serves the residents of New Jersey in counties such as Bergen, Monmouth, Ocean and Middlesex, among others. My colleagues and I know the ramifications involved with a DWI conviction — even on a first-time offense — not only in terms of the financial impact that may await a defendant, but also the potential social stigma attached to a drunk driving conviction. This is in addition to possible jail time, as well, though with the assistance of a skilled drunk driving defense attorney the odds of serving time behind bars is greatly reduced.

Even with the potential penalties hanging over the head of a motorist accused of DWI or drug DUI, quite a few drivers may still wonder whether or not hiring a New Jersey DWI lawyer is worth the trouble. This is because many drivers who are facing a DWI summons may simply consider the battle already lost once the charges are lodged against them. As experienced trial attorneys, we must say that there are numerous arguments why individuals should consider fighting a drunken driving charge.
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