New Jersey DWI Lawyer Blog

January 14, 2014

New Jersey Drivers Arrested in Ocean, Monmouth on DWI, Hit-and-Run, and Drug Charges

There are times when drunk drivers are much more likely to be stopped by New Jersey State Police or municipal patrolmen, but it’s safe to say that anyone who drinks and drives in the Garden State also runs the risk of being arrested for DWI. As New Jersey drunken driving defense experts, the attorneys at the Law Offices of Jonathan F. Marshall understand the risks faced by drunk motorists and the penalties associated with potential convictions.

Whether one lives, works or commutes in Bergen County, Essex County, Hudson or Middlesex counties, the chances of being stopped for even the most basic of traffic infractions can open the door to further scrutiny by a police officer. When that happens, and depending on the individual’s physical or mental condition, a patrolman may suspect some kind of impairment by the way in which the driver acts or speaks.

It isn’t that uncommon for a motorist to be asked by a policeman to exit his vehicle and perform a series of field sobriety tests, which is often the first step toward a full-blown DWI arrest. As DWI-DUI lawyers, we have seen a myriad of scenarios where drivers find themselves facing serious and potentially costly drunk driving charges following a simple error in judgment on the roadway.
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January 13, 2014

New Jersey DWI News: Alcohol-related Motorcycle Crash and Other Drunk Driving Arrests

by Jonathan F. Marshall

There is no doubt in our minds that the average person can be rattled by a police officer stopping him for a moving violation. The fact is, only a small percentage of the general public ever comes in contact with a law enforcement officer during their daily activities. This means that the only time that most people ever encounter a state trooper or municipal patrolman is when they have done something wrong in traffic and are pulled over for a routine violation.

When that happens, it is not uncommon for some individuals to act nervous or anxious , fumble with their license and registration paperwork, and generally have a tremble to their voice; some of the very behaviors that police officers may point to as signs of possible inebriation. As New Jersey DWI defense lawyers, my legal team is well aware of the difficult situation that any police stop poses for some drivers.

Of course, being asked if one has had anything to drink prior to getting behind the wheel can sometimes turn an anxious motorist into a DWI suspect just moments away from an arrest. If it does happen, and you are taken into custody and charged with alcohol or drug-related impaired driving, it does become a serious situation. At that point, calling on an experienced drunken driving defense attorney can often be the next best step to fighting a DWI-DUI summons.
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January 12, 2014

DWI News: Dash-mounted Cameras May be the Norm in New Jersey Police Vehicles

by Jonathan F. Marshall

Never desirable, abuse of power by any public official can result in various outcomes, most all of which are far from acceptable. For the average citizen, it is expected that the law and those who are sworn to uphold are there to protect the rights of the individual. But when the law is subverted by a person in a position of authority, such as an elected official or a police officer, action should be taken to correct the situation for those harmed, and to protect those who may be in the future. Sometimes an abuse of power is so significant, or rampant, that lawmakers are spurred to action to help prevent future abuses of power by unscrupulous individuals.

As New Jersey drunken driving defense attorneys, the legal team at my firm is dedicated to assisting motorists accused of drunken driving, and to fight against charges of DWI, drug DUI and other related offenses. As part of our job, we investigate all possible evidence both supporting our clients’ cases as well as those that benefit the prosecution. By understanding the totality of the charges and the evidence against a defendant, our lawyers can tailor their defense accordingly.

In many parts of the country, police departments have been employing dashboard-mounted video cameras to record traffic stops and possible drunken driving arrests, among other types of police activities. Here in the Garden State, law enforcement agencies have not been legally required to have dash-mounted cameras installed in police vehicles, but this may be changing.
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January 11, 2014

Ocean Twp. Police Officers Log Multiple Drunk Driving and CDS Possession Arrests

by Jonathan F. Marshall

As is often the case here in the Garden State, when the police observe a motor vehicle being driven in an erratic or dangerous manner, it is incumbent on those officers to look into the situation. If a patrolman deems it necessary to pull a driver over due to a traffic violation or vehicle problem, then what happens during that traffic stop could result in a warning, traffic summons, or even an arrest. Quite frequently, absent any other serious violations of New Jersey criminal statutes, arrests of motorists generally fall under alleged intoxication by alcohol or impairment or through the use of prescription medications or illicit drugs.

While use or possession of illegal drugs (sometimes known as controlled dangerous substances, of CDSs) in a motor vehicle can lead to criminal charges as well, driving under the influence is nothing to sneeze at. Look at the news pages of any large metropolitan area and one can see the numerous arrests of drivers and other individuals for DWI and drug DUI. As New Jersey drunk driving defense lawyers, the members of my legal staff assists dozens us motorists every month who have been accused of impaired driving.

No matter the location, whether here in Monmouth County, up in Bergen or down in Atlantic County, there are a variety of police stops every day that involve some kind of chargeable offense. The following news items from Ocean Township, as a for instance, illustrate the range of arrests that take place daily; any one of these could happen in the dozens of towns or cities throughout New Jersey.
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January 10, 2014

Monmouth County DWI Defense: Exploring Various Aspects of a Typical Drunken Driving Arrest

by Jonathan F. Marshall

Being stopped by a New Jersey State Police officer or local cop for a traffic offense can be unnerving enough for most people without the added concern of being arrested for DWI. As Garden State drunken driving defense lawyers, my firm is all too aware of the emotions that can come to the surface when faced with a summons for driving under the influence. Often frightening, and certainly unsettling, the experience of being taken into custody is only overshadowed by the potential financial impact that a DWI or drug DUI conviction can have on an individual or his family.

The state of New Jersey has long since banned plea bargaining as a common avenue to having a drunk driving charge dismissed or downgraded. Because of this, many people might wonder why they should even consider retaining a DWI attorney at all. First and foremost, an experienced legal expert can look for flaws in the state’s case, which can range from the way the police officer conducted the traffic stop prior to the DWI arrest, to the procedures followed or skipped after the driver submitted to a breathalyzer device in order to determine his or her blood-alcohol concentration (BAC).

When asking why one should hire a lawyer for a DWI or drug DUI defense, it may be more important to ask what the secret to success is when it comes to avoiding a conviction. At the very least, someone accused of driving drunk should contact a qualified professional to determine if fighting a drunk driving summons would be fruitful or if a downgrade is possible. In our experience, identifying any potential issues that may undermine the state’s ability to prove the DWI-DUI offense is a key objective when discussing a defendant’s options going forward.
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January 9, 2014

Drunken Driving Defense News: Court Dismisses DWI Charges in Case against Fort Lee, NJ, Official

by Jonathan F. Marshall

New Jersey news outlets reported a while back that the Fort Lee, NJ, emergency management chief had his drunken driving charges dismissed by the court after the prosecution could not prove beyond a reasonable doubt that the man was, in fact, drunk behind the wheel when officers stopped his vehicle in Bergen County a year ago.

As Garden State drunk driving defense lawyers, my colleagues and I could easily point to this single instance as an example of how the police can often be either wrong in their assessment of a motorist’s state of inebriation or their failure to follow proper procedures when stopping, arresting and processing a suspected drunken driver. The bottom line is if you or someone you know has been charged with DWI, breath test refusal, or drug DUI, or other alcohol or drug-related traffic offenses, never assume the state has the upper hand.

In this particular case, 61-year-old Stephen Ferraro, who is the coordinator for Fort Lee’s Office of Emergency Management, as well as being a former police captain, was charged with DWI following a routine traffic stop in February 2013 after officers observed the man making what was described as an unsafe lane change. Because of this, and exclusive of the drunk driving accusation, Mr. Ferraro was also charged with reckless driving.
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January 8, 2014

New Jersey DWI Update: Professional Truck Drivers Risk Everything When Driving Drunk or Drug-impaired

by Jonathan F. Marshall

As Garden State DWI defense lawyers, my colleagues and I handle dozens of drunken driving cases every month. While most motorists can be severely inconvenienced by a suspension of their driver’s license if found guilty of driving while intoxicated, the odds are most of them will not lose their jobs or be threatened with a loss of income due to their offense. Professional drivers, those who operate commercial vehicles, have a much greater chance of harming their careers if a court finds them guilty of DWI or drug DUI.

For this reason alone, it is incumbent on any commercial driver who is arrested and charged with drinking and driving to seek a qualified DWI-DUI attorney for his or her defense. The potential fines are not the only concern when it comes to truckers, cabbies, chauffeurs and school bus drivers who are accused of operating a motor vehicle while under the influence of alcohol or drugs. The loss of a commercial driver’s license (or CDL) can spell the end of a career, which could have life-changing effects.

Take the story of an out-of-state truck driver who was pulled over by Vermont police late on a Thursday afternoon. The 32-year old trucker was reportedly hauling a load of flammable material when officers observed the man’s vehicle cross over the centerline four separate times. According to news reports, the officers noticed that the box truck was traveling well below the posted 50mph speed limit, which also drew the patrolmen’s attention.
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January 7, 2014

Consequences of Underage Drinking and DWI in Bergen and Other New Jersey Counties

by Jonathan F. Marshall

Here in the Garden State, the laws pertaining to underage drinking, as well as underage DWI, are very specific. Because New Jersey statutes clearly state that an individual cannot be younger than 21 years of age to buy, possess or drink any alcoholic beverage, underage drinking is, by definition, an illegal act. The consequences for underage consumption of alcohol can be very severe under New Jersey law, especially when the violation occurs in conjunction with the operation of a motor vehicle, which can lead to a charge of driving under the influence of alcohol if a young person is stopped by police.

Regardless of whether a young person is stopped for driving under the influence, and subsequently arrested on DWI charges, simply having an underage drinking conviction on one’s record could affect an individual’s future driving privileges in New Jersey. To be sure, when talking about underage drinking offenses, it is always important to consider the potential penalties attached to a conviction for underage drinking (also known as a disorderly persons offense).

For example, those individuals under 21 years of age who are arrested by a police officer for consuming alcohol — or even purchasing an alcoholic beverage in a licensed establishment — could receive a fine of at least $500, not to mention have his or her driver’s license suspended for upward of six months. For those more egregious offenses, there are other, more severe consequences. Depending on the circumstances, an underage drinking conviction may include actual jail time (up to six months) and fines approaching $1000.
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January 5, 2014

Hefty DWI-DUI Penalties Help New Jersey and Other States Punish Drunk Driving Offenders

by Jonathan F. Marshall

These days, the monetary penalties for a DWI or drug-related impaired driving offense can be quite stiff no matter what state one lives in. But here in New Jersey even a first drunken driving carries with it such a significant financial impact for most people that they don’t soon forget that initial DWI arrest. As Garden State drunk driving defense lawyers, my colleagues and I have many decades of collective courtroom experience when it comes to defending New Jersey motorists accused of DWI-DUI, as well as drivers from other states.

As we’ve mentioned in the past, a first-time DWI offender can face upward of a $400 fine in New Jersey, depending on the results of his or her blood-alcohol content (BAC) measurement at police headquarters. We say this with the caveat that under certain circumstances a skilled attorney can sometimes get the court to suppress the breath test results, which may then help to mitigate these first-offender penalties.

It is important to note that if one were to up the ante by having a BAC measurement of 0.15 percent, the court will have no other choice than to include the requirement of an ignition interlock device following the license suspension period for those convicted of driving under the influence. These interlock devices also come with their own costs, which make their mandatory use in such cases expensive as well as inconvenient and, at times, embarrassing. To say the least, New Jersey has some of the more harsh DWI and DUI penalties, but drivers in all nearby states should consider carefully the potential downside of a DWI arrest.
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January 3, 2014

Poor Vehicle Maintenance Can Bring New Jersey Drivers that Much Closer to a DWI Arrest

by Jonathan F. Marshall

Beware the ever-present danger of being pulled over for a simple vehicle equipment violation, as it could possibly open the door to an even more costly drunk driving arrest. This may sound like an odd warning, but as professional DWI defense lawyers, my colleagues and I are well aware of the number of individuals who have been charged with drunk driving following a traffic stop for vehicle infractions as basic as a burned out taillight.

The fact of the matter is that not replacing a simple $10 light bulb can in some cases lead to hundreds or thousands of dollars in fines, fees and auto insurance premium increases. Unfortunately, by the time many drivers realize their vehicle may have a problem, a police stop is already well underway. And, if the driver has had some beer, wine, or a mixed drink recently, then there is a good chance that a DWI summons may be on the way, along with that inevitable vehicle equipment violation.

As New Jersey drunken driving defense attorneys, we know how human nature can affect the outcome of many aspects of life, not to mention traffic stops and drunken driving arrests. My law firm has represented dozens upon dozens of drivers who may or may not have indulged themselves to excess prior to getting behind the wheel of a motor vehicle. And, it’s difficult to predict how a certain amount of alcohol is going to affect any one person.
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