New Jersey DWI Lawyer Blog

February 26, 2014

Redbank DWI Defense Update: Repeated Drunk Driving Episodes Increase Odds of a DWI Arrest

Regardless of where you live in the Garden State — Monmouth, Ocean, Hudson or Middlesex County — there is no guarantee that when a motorist operates a car, truck or motorcycle while under the influence of alcohol, there will be no consequences down the line. The fact is, anyone who presses his or her luck by consuming even just a little bit of alcohol prior to getting behind the wheel is, sooner or later, going to meet a municipal police officer or state trooper on the roadside.

As experienced drunk driving defense lawyers, my legal team and I know that there is little defense for a poor decision that is made in haste. Whether one considers this as being pulled over by a patrolman for a simple traffic infraction — which could lead to a DWI or DUI summons — or if it applies to a driver making the wrong choices before walking into a courtroom to answer to charges of operating a motor vehicle while under the influence of beer, wine or hard liquor, poor decisions in either case result in some very disagreeable circumstances. These can include heavy fines, months of living without a valid driver’s license, increased car insurance premiums, and even the loss of one’s position at work or standing in one’s local community.

Regardless of the circumstances, nobody should blithely assume that it is more economical to go it alone — that is, without enlisting the aid of a skilled DWI defense expert. Surely, at the very least, it can hardly be a waste of one’s time to take advantage of free, no-obligation consultation in order to better understand one’s rights under New Jersey law when it comes to being accused of a serious DWI-DUI offense.
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February 23, 2014

Police DWI-DUI Blotter: Morris and Bergen County Cops Make Multiple Drunk Driving Arrests

by Jonathan F. Marshall

With hundreds of drivers pulled over by police every week all across the Garden State — for all manner of traffic and vehicle infractions — it is not unexpected that a certain percentage of these police stops will result in arrests for any number of more serious offenses. Drunken driving, CDS possession, impaired vehicle operation due to drug use, and underage drinking and driving are just a few of the common reasons why a fair number of New Jersey motorists find themselves served with summonses for traffic-related offenses.

How many of these individuals actually avoid a guilty verdict and, by doing so, side-step the potentially expensive fines, fees and statutory assessments? That often depends on the strength of the evidence, but the number would surprise many people. Certainly, the first step is to consult a qualified drunk driving defense attorney to learn what options are available to the particular motorist accused of such an offense. As New Jersey DWI-DUI defense lawyers, my colleagues and I are experienced in providing an aggressive defense for many people arrested for drunk or impaired vehicle operation.

When looking to understand the typical kinds of police traffic stops, it is instructive to look at police blotter reports in local newspapers and online media sources. The law of averages suggests that the average DWI offense involves some of the most simple and seemingly innocuous driving infractions as a starting point for a roadside traffic stop. But even the most basic of traffic offenses can eventually develop into a full-blown drunk driving arrest.
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February 21, 2014

Municipal Police in Bergen County Arrest Drivers on Charges of DWI, Aggravated Assault

by Jonathan F. Marshall

When it comes to alcohol-related traffic offenses, New Jersey is hardly unique among the many states that have stiff anti-drunk driving laws. We are, however, one of the most densely populated states in the Union, can make law enforcement efforts to curb drunk driving — not to mention drugged driving, or drug DUI — rather obvious and seemingly heavy handed. As Garden State DWI defense attorneys, my legal staff is always aware of the volume of intoxicated driving arrests that occur on a weekly, or even daily basis.

Whether a motorist is legally drunk or not is for a court to decide, but our job is to represent defendants who believe that they were unjustly accused of DWI or DUI. Convincing a judge that a defendant was not impaired at the time of his or her arrest can include calling witnesses, questioning the voracity of the breath test results obtained from an Alcotest device, and bring to light any procedural mistakes made by the police in the course of the arrest.

As experienced trial lawyers with extensive training in the defense of motorists charged with drunk driving, prescription drug DUI, underage drinking and driving, and breath test refusal, among others, my legal team has dedicated themselves to helping accused and alleged intoxicated drivers have their day in court. In addition to alcohol and prescription drug-related arrests, we also represent those individuals who have been charged with being under the influence of illegal substances (known generally as controlled dangerous substances or CDSs), such as cocaine, meth and marijuana.
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February 19, 2014

New Jersey DWI Enforcement Gets a Boost with Millions of Dollars Every Year

by Jonathan F. Marshall

With the continued emphasis on anti-drunk driving campaigns, enhanced DWI-DUI enforcement patrols, and overnight sobriety checkpoints all across the Garden State, some people might be wondering if the intensity of the anti-drunken driving efforts will ever abate. From our standpoint, as New Jersey DWI-DUI defense lawyers, any let up will certainly take a long time to come. Of course, part of the money for all of the additional manpower and overtime hours typically comes from federal funding.

For example, take the annual “Drive Sober or Get Pulled Over” holiday campaign that ran last year from December 6 to January 2. Dozens of police departments all across the state each received $4,400 in grant money for the 2013 holiday crackdown. All told, 144 departments shared a $730,400 pot of money to conduct drunk driving “saturation” patrols and set up DWI roadblocks in counties like Monmouth, Ocean, Middlesex and Hudson. For many people, just the threat of increased traffic enforcement was enough to make them think twice about having a drink at company parties or family gatherings.

According to news reports, about a one-third of all law enforcement agencies in the Garden State received some kind of funding to bolster police patrols around the state. The number was actually up from the previous year, when just 95 departments received grant monies. This kind of funding usually comes at times when the seasonal arrest rate for drunk driving is higher than normal. New Years is an especially busy time for police officers when it comes to stopping potentially drunk motorists.
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February 17, 2014

Marijuana DUI: The Next Big DWI Crusade?

by Jonathan F. Marshall

It’s already on the books, that is, the Garden State’s legal statutes that specify the use of marijuana (and certain other substances) as grounds for being arrested and charged with driving under the influence. Whatever you call it: weed, pot, grass, hash, or just plain Mary Jane, marijuana has for years been listed as one of many controlled dangerous substances (CDSs), all of which are considered illegal because they are either hallucinogenic or habit-forming. As New Jersey DWI defense lawyers, my legal team has been defending motorists charged with marijuana DUI for years now.

Under New Jersey statute 39:4-50, any motorist operating a car, truck or motorcycle who is found to be under the influence of any habit-producing drug or narcotic can be arrested and charged with a violation of state law. The fines and punishments are not unlike those associated with alcohol-related DWI; hundreds of dollars in fines, plus possible jail time and suspension of one’s driver’s license. The interesting thing is that we may just see more and more pot-related DUIs in the future thanks to the course of marijuana legalization in many states.

From a legal point of view, the use of weed versus the consumption of beer, wine or hard liquor has some differences. In fact, the statute covering marijuana DUI does not provide for any specific criteria on how the state should determine that a driver was actually under the influence of marijuana when pulled over by a police officer. The proving of this element becomes what attorneys refer to as a “fact specific” inquiry.
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February 15, 2014

Monmouth Motorist Suspected of DWI after Head-on Crash in Ocean County

by Jonathan F. Marshall

We have mentioned this more than once in this forum, but again, it bear repeating: Getting behind the wheel of an automobile is a foolhardy venture to start with, but complicating a certain drunk driving arrest with a serious traffic accident is something that will only makes a DWI defense all the more difficult. As Garden State trial attorneys experienced in drunk driving and drug DUI law, we know how thorny a drunk driving case can be when the defendant has injured or killed another individual in the process.

It doesn’t make much, if any, difference where a collision involving alcohol or drugs takes place; be it in Mercer, Union, Bergen or Atlantic County, when a motorist is facing a combination of drunken driving charges plus vehicular assault (or worse, death by auto), the job of any DWI-DUI attorney will be made that much difficult by the circumstances surrounding the collision.

Yet, in spite of common sense and public service campaigns to the contrary, dozens of people find themselves in similarly serious legal predicaments every month. Here in the Garden State, driving while intoxicated is not looked upon with any sympathy by the police, the courts or the community at large. The attitude of society for those who cause a serious injury accident, and most certainly a fatal traffic collision, often borders between contempt and hatred.
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February 13, 2014

NJ Attorney General Mulls Charges Against State Troopers Who Handled Fellow Officer’s 2013 DWI Accident

by Jonathan F. Marshall

For those who watch a lot of television, police dramas in particular, the idea that police officers who work together typically develop a very strong sense of loyalty and devotion to each other is a very familiar theme. While the old saying that “life imitates art” is often true, in the case of the law enforcement community, art has been imitating life for many decades. Often referred to as the “blue wall of silence,” this unspoken rule reflects the common understanding between police officers that one does not testify against a fellow officer.

This bond between law enforcement officers has a deep and long-standing tradition, having its roots in the associational virtue of loyalty, and drawing from a context of friendship and even a familial connection with other officers on a police force or department. While laudable in many regards, the “blue wall” can occasionally work against the aims of justice when corruption in the ranks is discovered by superiors or other well-intentioned individuals.

As New Jersey drunken driving defense attorneys, my colleagues and I have a great respect for the dedication and personal sacrifice that many police officers regularly display as they put their lives on the line every day in towns and cities all across this nation. Unfortunately, there are some instances where an officer in whom society has placed its faith fails to live by the laws that he or she is sworn to uphold. A case in point has been playing out in Trenton, as an investigation has loomed for a number of New Jersey State Police troopers.
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February 11, 2014

Pending New Jersey DWI Legislation Calls for Mandatory Ignition Interlock Devices, Reduced License Suspension Terms

by Jonathan F. Marshall

As New Jersey drunk driving defense attorneys and experienced trial lawyers, my legal team knows quite a bit about the penalties that convicted drunk drivers face based on our state’s DWI laws. Aside from monetary penalties that can total upward of thousands of dollars in fines, fees and auto insurance premium assessments, license suspensions are quite common and jail time is sometimes attached, depending on the particular circumstances. Suffice it to say that New Jersey is not very easy on drivers convicted of operating a motor vehicle while intoxicated.

When it comes to a potential license suspension following a DWI guilty verdict, the current laws are rather strict, to which anybody who has been found guilty of driving under the influence would likely attest. Still, there is a bill making its way through the legislature in Trenton that may seem bit more onerous, but which may make more sense to the many motorists who will be convicted of alcohol-related DWI in the future. We’ll also add that some critics have already said that the bill as it is currently written is, in a word, flawed.

These days, as any qualified drunk driving attorney will tell you, the minimum license suspension for a convicted first-time offender is three months, and that’s if the defendant’s blood-alcohol content (BAC) as measured by police is between 0.08 and 0.10 percent. If the measured BAC is 0.10 percent or above, then even a first offense will net a driver a minimum of seven months’ loss of driving privileges. Depending on the situation (such as offenses that occur within 1,000 feet of a school zone), that suspension period can be as long as 12 months.
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February 10, 2014

Ocean County Traffic Stops Lead to Multiple Intoxicated Driving Arrests and Drug-related Charges

by Jonathan F. Marshall

As Garden State DWI and drug DUI defense lawyers, my colleagues and I often remind potential clients that when a police officer makes a traffic stop the action itself can be construed as a “seizure” within the legal definitions stated in the Fourth and Fourteenth amendments of the United States Constitution. As most every legal professional knows, over the years there has existed some doubt as to what truly constituted a valid traffic stop. But these doubts were essentially wiped away following the landmark Supreme Court decision of Delaware v. Prouse.

One of the more popular reasons, at least among police officers, for stopping many a motorist is the common moving violation known as failure to maintain one’s lane; this justification for making a routine traffic stop is second only to pulling a car or truck over based on one of the more typical vehicle equipment infractions, such as a burned out headlight or taillight (in fact, if you find yourself driving a vehicle with a burned-out or broken lamp anywhere on the car or truck, be prepared to have a state trooper or municipal patrolman stop you on the roadside).

When it comes to common moving violations – mainly, straying from one’s lane — drivers who find themselves having a difficult time staying within the lane markers during the evening hours will more than likely end up having a conversation with a law enforcement officer on the shoulder of the roadway. If it’s simply a matter of fatigue, a motorist may simply get a warning; but if that individual has consumed any alcohol recently, much less admits to the fact, complications will likely arise.
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February 9, 2014

Bergen, Monmouth, or Ocean County; Regardless Where a DWI Arrest Occurs, a Strong Defense is Important

by Jonathan F. Marshall

The old saying, “It’s not what you know, but who you know,” could be applicable to almost any aspect of life. Whether you are looking for an experienced building contractor, a reliable snow removal company, or a skilled legal expert, it’s always best to do one’s homework in order to get the best and most qualified professional on your side. But, while many things in life can be put off, finding a good attorney is not necessarily one of them.

For anyone who has even been charged with driving while intoxicated (DWI) or driving under the influence of prescription medications (drug DUI), it is a fact that when staring at potential penalties in the hundreds to thousands of dollars, getting to know a good drunk driving defense lawyer can quickly become a top priority. Here in the Garden State, being convicted of DWI or DUI, not to mention breath test refusal, underage drunken driving, or marijuana possession in a motor vehicle can be a serious event in one’s life; and, one that will not soon be forgotten.

The often serious penalties awaiting those who are found guilty of drunk driving can include not only monetary fines and assessments, but also a likely driver’s license suspension, imposition of an ignition interlock device on one’s vehicle, not to mention the possibility of jail time. As anyone can imagine, being charged with an alcohol- or drug-related traffic offense can have serious ramifications for the motorist and his family.
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