New Jersey DWI Lawyer Blog

December 7, 2013

Jersey Motorists Facing Latest Kind of DUI? Trenton Legislators Consider Law Banning “Snacking While Driving”

We’ve already seen it happen just across the Hudson: That failed attempt by local government to control individual choice, namely Mayor Bloomberg’s effort to limit the size of soft drinks dispensed at local eateries and restaurants in New York City. That legislation ran up against stiff resistance, yet could something similar and more costly in terms of potential penalties affect drivers here in the Garden State? For those who aren’t worried about such things it may be time to consider the potential impact of a ban on eating while driving.

Based on news reports, legislation is making its way through the state legislature that could end up banning in-vehicle eating or almost any other activity deemed by police to interfere with a driver’s safe and proper operation of his or her motor vehicle. To some, this may sounds like a long shot, but never underestimate the power of New Jersey’s legislators to put laws into effect that can cost motorists a pretty penny down the road.

As experienced DWI defense attorneys, my colleagues and I have been defending individuals accused of drinking and driving for years. We know that many people who lose their DWI or drug DUI cases find that penalties following a conviction for impaired driving are much more than just a slap on the wrist. In fact, with human nature being what it is, additional impaired driving laws could easily result in increased traffic violations in the future, not to mention increased courtroom traffic for the numerous legal cases it could spawn.
Continue reading

December 5, 2013

NJ Drunk Driving News: “Drive Sober or Get Pulled Over” Anti-DWI Campaign Starts on Friday

by Jonathan F. Marshall

There is no dispute that the Christmas and New Year’s Day holidays are a time of great celebration for families, friends and neighbors all across the Garden State. Yet, even those in the know are sometimes surprised by the number of New Jersey motorists who find themselves on the receiving end of a drunk driving summons at this time of the year.

To be quite frank, when it comes to drinking and driving, state and local police officers will hardly be in a festive mood if they suspect you’ve been imbibing a little too much spiked eggnog or other intoxicating beverage. Whether one is celebrating with relatives, good friends or coworkers, if you get pulled over after having a drink or two, you may find that the patrolman in charge believes that it is better to give than to receive. Just remember few will envy your gift of a DWI-DUI summons this holiday season.

All levity aside, being arrested and charged with driving while intoxicated can result in expensive and potentially disruptive penalties. Hundreds or even thousands of dollars in fines, fees and assessments can be accompanied by license suspension, and even jail time depending on the circumstances; and the odds of facing such an outcome can be increased during certain times of the year when the frequency of anti-drunk driving saturation patrols and DWI-DUI sobriety roadblocks are on the rise.
Continue reading

December 3, 2013

A Driver Charged with DWI is One Thing. Being Accused of Drug DUI is Another Altogether

by Jonathan F. Marshall

For anyone who has not been through the ordeal of a DWI arrest and court case, please understand that it is often not only a potentially costly exercise, but can sometimes be an embarrassing event in one’s life. For most people in the Garden State, driving while intoxicated is something that they would never think of consciously doing, but many people would be surprised how easy it truly is to find oneself pulled over on the side of the road and accused of DWI.

When it comes to proving alcohol-related DUI, the state typically relies upon breathalyzer readings (or sometimes a direct blood test) to establish a blood-alcohol concentration, or BAC. If the results are shown to be above the legal limit of 0.08 percent BAC, the prosecution will feel that it has a relatively strong case against a motorist. As New Jersey drunk driving specialists, my skilled team of DWI defense attorneys has the experience to fight DWI charges even when the evidence appears to be unassailable.

Breathalyzer tests are generally conducted by the police following an arrest for suspected drunk driving, during which certain procedures must be followed for the BAC results to be valid in a court of law. As one might expect, to be accepted in court, this key piece of evidence must meet a number of standards by law. If the manner of collection of the BAC results deviates from the related standards, or if there is a potential weakness in any of this important proof, an experienced DWI-DUI lawyer can call into question its validity.
Continue reading

December 1, 2013

New Jersey Drunk Driving News: Burlington County School Bus Driver Pleads Guilty to DWI, Child Endangerment

by Jonathan F. Marshall

In what could be referred to as a case of “bussing while intoxicated,” a Garden State school bus driver not long ago pleaded guilty to operating a school bus loaded with children while she was apparently under the influence of alcohol in November 2011. As many people can surely understand, the impact of a DWI conviction on most any professional driver, especially one who transports children, can be serious and long-lasting.

As New Jersey drunk driving defense attorneys, my legal team is well versed in the statutes pertaining to our state’s DWI and drug DUI laws. For most people who have been charged with driving while intoxicated by alcohol or impaired by doctor-prescribed medications (even illegal substances like cocaine or marijuana), a first-time DWI-DUI offense can be an eye-opening experience. With monetary penalties approaching thousands of dollars (including auto insurance premium assessments) and potential jail time depending on the specific circumstances, there is little sense in tempting fate by going it alone in a courtroom.

Of course, finding a qualified DWI lawyer can be one of the most important steps one can take following a drunken driving arrest. And, taking advantage of a free initial consultation can be invaluable for almost anyone facing a serious alcohol or drug-related traffic violation. In our estimation, it is better to understand your rights going forward than to leave things more to chance by confronting the arresting officer and a skilled municipal prosecutor in a court of law.
Continue reading

November 30, 2013

As Costly as DWI Convictions are, the Professional Consequences Could be Just as Serious

by Jonathan F. Marshall

While some might say that a single DWI or drug DUI conviction could hardly influence the course of a person’s entire life, it certainly isn’t out of the ordinary to find that a one-time drunk driving arrest and conviction has, to some extent, impacted some aspect of an individual’s personal or work life for the worse. Besides the damage that a DWI or DUI conviction can inflict on one’s private life or personal relationships, people have been known to lose their jobs over a single drunk driving conviction. Similarly, entire careers have been negatively affected, if not completely ruined, because of the results of a drunk driving conviction.

As New Jersey DWI defense lawyers, my colleagues and I are firmly dedicated to representing those who have been accused of driving while intoxicated, operating a motor vehicle while impaired by doctor-prescribed medications (also known as drug DUI), and even people who have been arrested for the simple act of possessing marijuana or other controlled dangerous substance (CDS) in their car or truck. It may seem difficult for many to believe the wide-ranging effect that a single DUI or multiple DWI convictions can have on any one person, but the results are there to be seen on a regular basis.

When it comes to the deleterious effects of a DWI arrest and conviction, some individuals may certainly seem luckier than others. Of the unlucky ones — those who typically have the most to lose — certainly those professional truckers and other commercial vehicle drivers who make a living by operating motor vehicles for pay are at great risk. And while there are people who hardly need a driver’s license to survive I this world, there are others who have found that making a living after a DWI conviction can be just a bit more difficult.
Continue reading

November 29, 2013

Garden State Drunk Driving News: Two Separate DWI Accidents Results in Multiple Injuries

by Jonathan F. Marshall

Having defended hundreds of motorists accused of driving under the influence of alcohol or drugs, my colleagues and I believe that anyone who is charged with a traffic infraction, civil offense or criminal action deserves the right to fight those charges in a court of law. Here in the Garden State, drunken driving is one of the more serious traffic-related offenses with which a person may be charged.

Furthermore, as experienced DWI defense attorneys, we believe that there are very few, if any, reasons for a drunken driving defendant to walk into a New Jersey courtroom without proper representation. The law can be complex; when it comes to serious DWI and drug DUI charges, for which there are rather stiff penalties if convicted, retaining a qualified lawyer with years of trial experience is an important consideration.

At the law offices of Jonathan f. Marshall, our legal team is skilled in representing clients who have been charged with any one of a wide range of drunk driving offenses, including breath test refusal, drug DUI and possession charges. As most anyone should know regarding drunk driving and other DUI-related violations, there is no sense in making a bad situation worse by involving others in one’s mistake. Being accused of a drunken driving accident presents one of the more difficult legal situations.
Continue reading

November 28, 2013

DWI Defense Strategies in New Jersey: Considering the Validity of a Drunk Driving Arrest

by Jonathan F. Marshall

Every week, hundreds of motorists — both residents and non-residents — are pulled over in the Garden State for any number of moving violations or motor vehicle infractions. These offenses can range from serious offenses down to what many people might describe as inconsequential or even petty infractions. But even those minor violations can come with heavy consequences if a driver has had any alcoholic beverage to drink prior to the traffic stop.

Regardless of whether an arrest for DWI occurs in Hudson County, Middlesex County, Passaic or Ocean, or down in Cape May County, the validity of a DWI arrest can hinge on a totality of the facts presented later in a court of law. Often obtained during the initial traffic stop by the arresting officer, the facts that a prosecuting attorney will likely use against a motorist in a drunken driving case must include some kind of evidence pointing to intoxication on the part of the defendant at the time of the arrest.

As many people who have been through this kind of ordeal already know, the charges for impaired driving can stem from suspected consumption of alcohol, prescription drugs, or illegal substances such as marijuana or cocaine. One thing is important to remember: The degree of inebriation or intoxication must be sufficient to cause a motorist to be unable to safely operate his or her car, truck or motorcycle. There are numerous issues that can arise in order for this standard to be met. These include the following:
Continue reading

November 27, 2013

New Jersey DWI Defense Update: More Sobriety Checkpoints Expected across the Garden State

by Jonathan F. Marshall

Any time a driver is pulled over by the police, the episode can certainly be an unsettling and even an intimidating experience to the individual behind the wheel. The mere presence of a patrolman at one’s driver’s side window can result in a person looking nervous and perhaps even acting out of character. Becoming flustered in front of a law enforcement officer, especially for the average law-abiding citizen, is not unheard of.

Because the typical driver has on only rare occasions the chance to interaction with an authority figure such as a municipal cop or state trooper, there can be a range of potential explanations for why a driver appears to be anxious, confused or disturbed during a traffic stop; espesically one that may be rapidly turning into a potential drunken driving stop. As DWI-DUI defense attorneys, we know that certain mannerisms coupled with other, so-called evidence of alcohol consumption can easily lead to a DWI arrest.

As New Jersey drunk driving attorneys and experienced trial lawyers, my colleagues and I know just how quickly things can go south for an individual who may have had a drink or two before heading home from a restaurant or friend’s home. Once stopped for a traffic violation, a driver may find himself accused of driving under the influence of beer, wine or hard liquor, or occasionally drug DUI if that individual is taking doctor-prescribed medications that may have interacted unexpectedly with each other.
Continue reading

November 26, 2013

Monmouth County Drunken Driving Police Blotter: DWI and Marijuana Possession Arrests

by Jonathan F. Marshall

As DWI and drug DUI defense attorneys, the legal team at my firm has made it their job to represent those Garden State drivers who have been charged with operating a motor vehicle while under the influence of alcohol, doctor-prescribed meds, and even illegal substances (also known as controlled dangerous substances or CDS). As experienced trial lawyers, we certainly understand how quickly an average motorist can find himself in the custody of a local cop or state trooper after being arrested for allegedly driving while intoxicated.

Here in New Jersey, DWI enforcement can be such that more than a few otherwise law-abiding citizens can end up before a judge pleading their innocence on a drunken driving or drug DWI charge. Especially when anti-drunk driving campaigns are going full tilt, but even when things may seem to be mostly quiet arrests can and do occur quite frequently. Hundreds of roadside stops for traffic violations are made every day around this state, and a percent of those may end up with a driver taken into police headquarters for a breath test.

Of course, New Jersey is in no way unique, but it certainly does see its fair share of inebriated drivers plying the roadways. Whether those motorists are legally drunk is for a court to decide, which is why we recommend that anyone accused of operating a motor vehicle while under the influence of alcohol or drugs talk to a qualified legal expert in the field of drunk driving law.
Continue reading

November 25, 2013

New Jersey DWI News: Middlesex County Police Arrest Two Drivers for Alleged Intoxication

by Jonathan F. Marshall

Being drunk and acting drunk can be two different things. As New Jersey trial lawyers and specialists in defending motorists accused of driving while intoxicated, I and my staff of experienced attorneys understand the law and how it may apply to individuals who have been charged with DWI or drug DUI. One thing that is quite often used against individuals who are charged with a DWI-DUI offense is the observations of the arresting police officer regarding the suspect’s physical appearance or actions. Again, this entails a judgment based on whether or not a driver looks or acts inebriated.

The fact is, there can often times by an innocent explanation for the oft-cited symptoms of intoxication, and these can sometimes be pointed to as counter arguments against the prosecution’s evidence pertaining to the arresting officer’s claim that he observed certain “objective” symptoms of intoxication in the drunk driving suspect.

What police officers quite often list as telltale signs of drunkenness can include bloodshot and/or watery eyes, a certain degree of slurred speech, a flushed appearance to the motorist’s face, and even a so-called unsteady gait when walking outside of his or her car. But it should be remembered that there are, in fact, non-alcohol-related causes for many of these so-called objective observations.
Continue reading