New Jersey DWI Lawyer Blog

December 31, 2013

Ocean County Sobriety Roadblock Nets Police Handful of Intoxicated New Jersey Motorists

Considering the volume of DWI and DUI arrests that are carried out every month in the Garden State, most every drunk driving defense attorney has likely represented at least a few clients who have been charged with driving while impaired after running afoul of the police at a local DWI checkpoint. Most months, all around the state, one might expect a certain number of these DUI roadblocks in operation on the weekends and during high-traffic holidays. This makes it all the more certain that, over time, more motorists will be arrested at one of the late-night roadblocks and hit with a DWI summons.

The fact that state and local law enforcement agencies are legally obliged to make public the locations and operating times of these so-called sobriety checkpoints could lead many people to assume that it is relatively easy to avoid being stopped at one of these roadblocks, whether one is driving with some amount of alcohol in one’s system or not; however, it is also very easy to overlook the relatively brief announcements that appear prior to the erection of a DWI-DUI checkpoint.

According to New Jersey legal statutes, the police are limited as to the locations and operation of a sobriety roadblock. Quite simply, the authorities cannot place a checkpoint anywhere they choose; it must be located in an area that has a demonstrated history of prior incidents of drunken driving.
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December 29, 2013

Toms River Driver Accused of DWI after Single-vehicle Ocean County Car Crash

by Jonathan F. Marshall

Being stopped for a minor traffic violation by a New Jersey state trooper or local patrolman may not seem too serious to some people, unless the motorist in question has taken a drink in the recent past. Seeing as driving drunk is looked upon with much disdain here in the Garden State, it is not difficult to understand how a normally upstanding citizen can find him or herself in relatively hot water if alcohol is mixed with the operation of a motor vehicle.

Whether a driving infraction takes place in Sussex, Bergen, Monmouth or Hudson County, there is really no difference in the penalties that most any driver will likely face if convicted of driving under the influence of beer, wine or hard liquor. And, for those individuals who hardly ever touch alcohol, keep in mind that even doctor-prescribed medications can have a deleterious effect on one’s ability to pilot a car, truck or motorcycle. Even teetotalers have been known to be accused of impaired driving due to the effects of one or more prescription medicines.

Seriously, the powers that be in almost every corner of the state have no tolerance for people who slide behind the wheel of a vehicle in an inebriated state. Anyone who believed that all those public service announcements about DWI and drug DUI are simply PR hype, it’s best to think again. Quite frankly, with all the emphasis on drunken driving enforcement during the holidays, as well as other times of the year, it’s difficult to imagine that there are still drivers who take the chance of bine arrested for DWI or DUI, but it does happen with extreme regularity.
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December 27, 2013

Rutgers University Freshman Suspended from Football Team after DWI on Campus

by Jonathan F. Marshall

Here in New Jersey, as with the other 49 states, the minimum drinking age is 21 years. While rather unlikely, this restriction can sometimes be confused with the minimum age at which tobacco products can be purchased, which is 19 years old. Regardless, there are many people who argue that U.S. citizens who are old enough to vote and even join the military should at least be accorded the right to purchase and consume alcohol at a an age younger than 21 years.

In the Garden State, the Division of Highway Traffic Safety, as well as the Division of Alcoholic Beverage Control and the Partnership for a Drug-Free New Jersey formed what is known as the “NJ21 Coalition,” which is made up of representative groups from government, law enforcement and education, as well as non-profit agencies who are all opposed to any suggestion of reducing the state’s minimum drinking age.

Those opposed to lowering the minimum drinking age often point to 1980, when the state’s minimum legal drinking age was bumped up to 19. Preceding that legislative move, annual drunken driving fatalities among young people 18 to 20 years of age was at an all-time high of 88. Then, in 1983, the drinking age was raised once again to the current 21-year limit; the annual death rate among that same segment of the population dropped again, this time to 45.
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December 25, 2013

High School Penalizes Teen Who Showed Up at Underage Drinking Party to be Designated Driver

by Jonathan F. Marshall

One often hears how bad things are in New Jersey for those individuals who find themselves in receipt of a summons for drunken driving, breath test refusal or any of a number of impaired driving charges. The fact is that the clock will likely never be turned back to the old days of a nod and a wink; when drunken motorists received a fine and maybe spent the night in jail, but mostly to sober up in order to head to work in the following morning. That was then, but this is now.

Safety advocates and anti-drunk driving groups continue to keep the pressure on federal, state and local governments and police agencies to rein in bad drivers and arrest those who operate their vehicles while under the influence of alcohol or prescription drugs. The Garden State is one of the states with rather stiff penalties for those convicted of driving while intoxicated, but that’s not to say there aren’t others with similarly strict laws and attitudes.

And legal statutes aside, society itself is less and less tolerant of those who drink and drive. But there are instances that cause one to take a step back and consider the issues at play. There was an incident that took place over in the Boston area not long ago, which illustrates that one situation where a high school’s policy regarding underage drinking affected one apparently conscientious teenager in a very negative way.
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December 23, 2013

Ocean County Man Arrested by Manchester Twp. Police, Charged with Marijuana Possession and Weapons

by Jonathan F. Marshall

Depending on the type of DWI or drug DUI offense, the evidence against a motorist can portend some stiff penalties, in terms of fines, fees and assessments, as well as possible jail time. Regardless of the ultimate charges, it is safe to say that most every impaired driving arrest sometimes starts with a simple mistake made by a driver in the presence of a police officer. This can happen in small towns, larger cities or on the parkway or interstate.

No one can say what basic traffic law may be breached in order for a municipal cop or state trooper to effect a roadside stop, but once it does happen, all bets are off. Any evidence discovered during the ensuing traffic stop will likely be used by the prosecution in an effort to obtain a guilty verdict later in court. As Garden State DWI defense attorneys, my legal team is ready and willing to offer its expertise to those driver accused of drunken driving or drug-impaired motor vehicle operation.

Aside from DWI or DUI, other charges — either tied to an impaired driving charge or arising from the initial traffic stop — may be forthcoming. Breath test refusal, possession of a controlled dangerous substance (CDS), or other infraction may also result in an arrest and possible charges against the motorist. We often read of instances where people have been pulled over for one reason, only to be taken into custody for something less expected, at least to the police and third-party observers. Take for instance a news item we ran across a little while ago.
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December 18, 2013

New Jersey DWI Defense Update: Are Field Sobriety Tests Really Useful in Determining Driver Impairment?

by Jonathan F. Marshall

For those who have recently been arrested and charged with a drunken driving offense, you may be asking yourself, what can I possibly do to lessen or even avoid the penalties associated with a DWI conviction? As New Jersey drunk driving defense attorneys, the legal team at The Law Offices of Jonathan F. Marshall understands your concerns. Surely, with a summons in hand and a police officer most likely ready to testify as to a driver’s impairment, what chances does the average motorist have against the system?

First of all, it is important never to assume that nothing can be done to remedy the situation in which you now find yourself. Next, do some research and find a qualified DWI defense lawyer who can speak from experience and give you the straight facts on drunk driving arrests and discuss the options specific to your impaired driving case. While there are no guarantees in this life, the law was created to help people fight charges levied against them by the state. You do have rights.

Many people facing similar situations have asked themselves, Why should I get a lawyer when the odds seem stacked against me? We can’t speak for every attorney out there, but if our law firm decides to take on the defense of your case, it is because we believe that your situation can be improved; this is typically done by examining all the relevant facts, police records and legal information pertaining to your DWI traffic stop.

A large number of motorists, when suspected of DWI or DUI, will be asked to perform a field sobriety test at the scene of the traffic stop. Taking one or more of these standardized tests can be challenging even to the most sober individuals, especially under stressful and embarrassing conditions. This is why there has been much debate as to the accuracy of some field sobriety tests. In fact, some experts believe that these tests are anything but accurate when used to determine a driver’s level of impairment due to alleged alcohol consumption or drug use.
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December 16, 2013

Hudson and Ocean County DWI News: Police Arrest Four Motorists for Various Drunken Driving Offenses

by Jonathan F. Marshall

Drunken driving, DUI, DWI, impaired driving, drug DUI, breath test refusal and numerous other drug- and alcohol-related driving offenses are topics that many people of driving age have heard of, but fewer actually know about from personal experience. Covered under the New Jersey drunk driving statute (N.J.S.A. 39:4-50), offenses such as driving while intoxicated by alcohol and driving under the influence of drugs are serious charges that carry stiff penalties for anyone convicted of them.

As Garden State DWI defense lawyers, my colleagues and I have discussed with many of our clients the rather harsh penalties associated with a guilty verdict for drinking and driving. Despite the amount of publicity aimed at discouraging DWI-DUI, it is interesting that many motorists apparently still find it hard to imagine that they will ever be arrested for operating a motor vehicle while under the influence.

As every drunk driving defense attorney knows, New Jersey’s DWI law states that no person shall operate a vehicle while under the influence of any intoxicating liquor, narcotic, hallucinogenic or habit producing drug. The penalties for such an offense include upward of $400 for a first-time offense plus a one-year driver’s license suspension. For a second offense the stakes rise to as much as $1,000 and a two-year license suspension.
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December 14, 2013

Responding to Report of Suspicious Vehicle in Berkeley Twp, Police Arrest Two for Drugs

by Jonathan F. Marshall

It is certainly obvious to the majority of motorists that operating a motor vehicle while under the influence of alcohol or drugs is definitely a chargeable offense here in the Garden State. However, fewer people realize that being legally drunk or otherwise impaired while sitting in a parked vehicle is also likely to bring a summons for DWI or drug DUI. As professional drunken driving defense lawyers, my legal team understands how such circumstances can translate into an expensive outcome for some drivers.

When it comes to driving under the influence of beer, wine or hard liquor, the laws of New Jersey are quite specific as to the evidence needed to convict a person of driving while intoxicated, as well as the potential fines and statutory assessments that can result following a guilty verdict. Drug use, or even possession, while driving a vehicle are also outlined in our state’s legal statues. But, again, many people will sometimes be confused by the nuances of the law; that is, those that apply to being “in control” of a motor vehicle while allegedly impaired.

In cases of possession of marijuana in a car or truck, there are important points to remember. If a police officer determines that a person is holding weed in an automobile, it is common for a motorist to receive a summons for pot possession in a motor vehicle. The law that governs this area (N.J.S.A. 39:4-49.1) specifically prohibits any individual from operating a car, truck or motorcycle while “knowingly” in possession of marijuana. Please remember that this applies only to the driver, and not the passenger.
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December 12, 2013

Essex County Drunk Driving Enforcement Update: Caldwell, NJ, Sees “Drive Sober” Campaign for Holidays

by Jonathan F. Marshall

Well it is true that here in New Jersey, many drivers are all too familiar with the seemingly ever-present police patrols on our highways and surface streets. And while few law-abiding citizens would complain about the benefits of having a well-policed and safe society, from the standpoint of potential erroneous drunken driving arrests or drug DUI charges based on insufficient or improperly gained evidence, many people might be thinking enough is enough.

The fact of the matter is that New Jersey law enforcement authorities frequently receive funding for anti-drunken driving campaigns when certain seasons roll around. As motorists ourselves, we are happy to have safer roadways, but this sometimes comes at the expense of innocent individuals accused of an illegal act such as driving while intoxicated or operating a motor vehicle while impaired by prescription medications.

As Garden State DWI and drug DUI defense attorneys, my legal team understands how easily a motorist can end up being stopped for a simple traffic infraction only to find herself being taken to police headquarters for a breath test and possible incarceration for the night. Any time a motorist is stopped by a police officer, the stress of such an event can cause nervousness and an overall unsettled feeling. It’s no surprise that many people are suspected of being intoxicated simply on the basis of their nervous mannerisms during such a potentially intimidating experience.
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December 10, 2013

Is There Hope for Habitual Drug Users Outside of being Penalized Heavily for Drug DUI?

by Jonathan F. Marshall

As drunk driving defense attorneys, my colleagues and I have for many years represented dozens of motorists accused of driving while intoxicated by alcohol. Young or old, male or female, the odds of being picked up for a DWI here in the Garden State can be quite high, especially if a person makes one too many driving errors in the presence of a local patrolman or state trooper. But being accused of DWI is just one side of the coin; drug DUI is another equally costly charge that many motorists are hit with day in and day out across the Garden State.

Just like alcohol-related charges, New Jersey drivers can be arrested under N.J.S.A. 39:4-50(a) for operating a car, truck or motorcycle while under the influence of a legal or illegal drug if that substance is deemed a narcotic, hallucinogenic or habit-forming drug. In order for a charge like this to stick, it usually needs to be supported by the professional opinion of an expert in the field, though it should be remembered that at this time the requirement is relaxed while on appeal in the New Jersey court system.

To understand the phrase, “under the influence,” it is important to recognize that it means a “substantial deterioration or diminution” of a driver’s mental faculties or physical capabilities. As we mentioned above, this applies as much to intoxicating liquor as it does to doctor-prescribed medication that is narcotic or habit producing in nature. As one can imagine, illegal drugs such as cocaine and marijuana are also recognized under the state’s DWI statutes since they can also deteriorate a person’s mental and physical capacity.
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