New Jersey DWI Lawyer Blog

November 24, 2013

DWI, Vehicular Assualt Charges for Rutherford Motorist Compounded after Accident Victim Dies at Hospital

We’ve said it before, but it bears repeating once again. Drinking and driving is not just a risky behavior in terms of losing one’s license or paying thousands of dollars in fines; driving in an impaired state can potentially risk the driver’s life and the lives of those around him. As New Jersey DWI defense attorneys, we work hard to clear the names of those individuals who have been accused of driving while intoxicated by alcohol or impaired by drugs. However, this doesn’t mean that we encourage anyone to drink and drive.

For drivers here in the Garden State, it should come as no surprise that municipal police, state troopers and other law enforcement personnel maintain a very dim view of drivers who operate their motor vehicles while being even the slightest bit tipsy or inebriated. The same can be said for the judges in this state. For those convicted of DWI or drug DUI, the New Jersey DWI statutes provide stiff penalties for intoxicated or impaired driving.

Besides possible loss of driving privileges, monetary fees, fines and assessments can add up to thousands of dollars depending on the extent of the charges. Just the thought of losing one’s personal independence can make many motorists think twice about even taking one drink and then getting behind the wheel. But there are worse scenarios.
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November 23, 2013

Ocean County, NJ, Driver Charged with DWI after Police Discover Car with Flat Tire

by Jonathan F. Marshall

It goes without saying that drunken driving is a much more serious offense than the typical traffic infractions that can be the precursor of a DWI arrest. In fact, given the choice, most individuals who have been convicted of driving a motor vehicle while under the influence of alcohol or drugs would probably have been much happier with a citation for speeding, improper lane change, or vehicle equipment infraction. The bottom line is that being accused of DWI or drug DUI opens the door to costly fines, fees and assessments, depending on the circumstances.

Although being pulled over for most any traffic offense can be an unnerving experience, being arrested subsequently for DWI or drug DUI can turn an embarrassing and upsetting event into one that is much more frightening. Never mind the potential for a conviction — and its associated serious and expensive consequences — the impact of simply a DWI arrest on one’s personal relationships and professional life can also be quite significant.

As New Jersey drunk driving lawyers, the attorneys at our law firm are skilled in the defense of Garden State motorists who have been hit with a DWI or drug DUI summons, charged with breath test refusal or arrested for possession of a controlled dangerous substance (CDS) in a motor vehicle. Our job is to review a client’s case and look for any significant legal issues that may damage the prosecution’s arguments as the state strives to achieve a guilty verdict.
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November 22, 2013

Out-of-State Driver Arrested for Drunken Driving, Causing DWI Traffic Accident in Hackensack

by Jonathan F. Marshall

As Garden State DWI and drug DUI defense attorneys, my colleagues and I have represented hundreds of individuals for a variety of civil and criminal offenses. When it comes to drunken driving, as experienced trial lawyers, we know that there are numerous approaches to a DWI-DUI defense. While we understand why some people might be averse to hiring a legal representative to stand by them in court, the penalties associated with a drunk driving conviction are significant enough these days to warrant at least a consultation.

We are often asked by potential clients how realistic it is to believe that one can fight a charge of operating a car, truck or motorcycle while under the influence of alcohol or prescription drugs. The response to this question has a great deal to do with what the accused driver has in mind for himself as he stands before the court. If someone is already resigned to pleading guilty, then we know that is no way to win a DWI-DUI case.

Being apprehensive about defending oneself is a natural feeling. Most laypeople have little or no knowledge of the law, much less New Jersey’s specific drunken driving statutes. If the thought of going up against a skilled municipal prosecutor and his or her star witness — usually the arresting officer — makes one unsure of their chances of winning their case, perhaps speaking with a qualified DWI attorney might be in order.
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November 20, 2013

Police Say Deceased Monmouth County Man’s License was Suspended at Time of Alleged DWI Crash

by Jonathan F. Marshall

Compounding any traffic offense with an injury accident is never a good situation. As a former municipal prosecutor, and now a professional drunk driving defense attorney, I understand the desire by police officers and our court system to punish motorists convicted of DWI or drug DUI. When an automobile collision is also involved, the stakes increase by a like amount.

As New Jersey drunken driving defense lawyers, my colleagues and I are ready and willing to assist those individuals accused of driving under the influence of alcohol or prescription drugs; even illicit substances like cocaine, meth and marijuana. We do know that our job will be complicated when a DWI-related car, truck or motorcycle wreck also involves a serious injury or death. My law firm has represented many clients who have been hit with an impaired driving charge in addition to possible vehicular assault.

Here in the Garden State, local and state police take a very dim view of motorists who even have the slightest appearance of intoxication. The same goes for the courts. New Jersey DWI law provides for stiff penalties for those convicted of intoxicated driving. One of the numerous penalties is the loss of driving privileges for a period of time. Considering the value that most people place on their mobility and personal independence vis-à-vis their automobile, license suspension can be a serious hardship.
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November 19, 2013

Two Toms River Drivers Charged with DWI following Separate Drunk Driving Accidents

by Jonathan F. Marshall

Looking at the news from day to day, it’s never too difficult to see that a certain percentage of drunken driving arrests are the result of some kind of traffic accident. Whether a collision takes place between two passenger cars, a single vehicle whose driver loses control and leaves the roadway, or a commercial truck that hits a smaller car, minivan or SUV, the police officers that respond to these incidents take their time to determine the cause of the crash.

As New Jersey DWI defense lawyers, my firm understands that mistakes happen and drivers are sometimes blamed for their role in a roadway accident. The fact that a driver may have consumed even a small quantity of alcohol prior to being involved in a crash — even if the collision was not necessarily the fault of that person — will likely crop up during the on-scene investigation, and later perhaps in court.

The situation is somewhat similar to being pulled over for a traffic violation and subsequently being taken into custody by police on the grounds that the driver is suspected of driving under the influence. While a person may be over the legal limit for DWI — that is with a blood-alcohol content reading of 0.08 percent or more — the recognition of that condition usually arises following a police stop for a lesser offense, such as making an improper turn, having a cracked windshield or a burned out taillight.
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November 18, 2013

Garden State DWI News: School Bus Driver Sues Police After Being Accused of Drunken Driving

by Jonathan F. Marshall

Most likely any parent of school-aged children would feel rather uncomfortable having their kids shuttled about by a person who was impaired by alcohol or drugs. The fact of the matter is, because we value our children and the promise they hold for the future, school systems and motor coach companies have strict requirements for anyone who drives young children around. At the same time, as experienced trial attorneys, my colleagues and I believe that anyone who is charged with a crime, civil or criminal, deserves the right to challenge those accusations in a court of law.

Without a doubt, drunken driving is one of the more reviled traffic-related offenses that occur on a regular basis here in the Garden State. As New Jersey DWI-DUI defense lawyers, our job is to represent defendants who have been accused of an offense such as operating a motor vehicle while under the influence of beer, wine, liquor or prescription drugs. Our law offices also take on clients who have been charged with marijuana DUI or possession of a controlled dangerous substance (CDS) in a car or truck.

We understand all too well how being accused of DWI or drug DUI can ruin one’s standing in his or her community or destroy professional relationships; never mind the loss of one’s career following a possible conviction for drinking and driving or drug-impaired motor vehicle operation. As it stands, those individuals whose job it is to drive a taxi cab, livery sedan, airport shuttle or school bus can suffer greatly once a charge of DWI or DUI has been levied. The potential loss of income following a conviction can be devastating to any professional driver.
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November 17, 2013

Drunken Driving Police Blotter: Monmouth and Ocean County Police Charge Several Drivers with DWI, DUI

by Jonathan F. Marshall

Here in the Garden State, one could say that DWI arrests are hardly uncommon, especially at times of the year when seasonal celebrations or holiday vacations mean more parties and family gatherings than usual throughout the state. As New Jersey DWI and drug DUI defense experts, the legal staff at my firm understands the ease with which a normally law-abiding individual can find himself taken into custody by a local or state police officer and charged with drunken or impaired driving.

Although getting pulled over happens to thousands of motorists every year, those who exhibit behaviors that lead a patrolman to suspect alcohol consumption or use of a controlled dangerous substance (CDS) could be facing stiff penalties down the road. Receiving a DWU or drug DUI summons can be a nerve-racking experience for most anyone who has never even had a traffic ticket for a simple moving violation.

Nevertheless, quite often a drunk driving summons or an arrest for possession of a CDS in a motor vehicle can begin with the most innocent of driving errors. We see it in news articles and in court transcripts all of the time; Failure to signal a turn, faulty headlights or license plate lamps, and even a chipped windshield can open a motorist up to scrutiny by a municipal cop or state trooper.
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November 16, 2013

Ocean County DWI News: Berkeley Police Net Half-dozen Drunken Drivers during Late-night Checkpoint

by Jonathan F. Marshall

Success can be measured in many ways. For the police it can often mean the total number of traffic tickets or felony arrests over a month’s time. When it comes to sobriety checkpoints, we often read of successful efforts resulting in drunken driving and drug DUI charges against motorists who were pulled over at any number of roadside DWI checkpoints. The result, for many of the drivers served summonses at these locations may be fines or even jail time, depending on their particular circumstances.

As New Jersey drunk driving defense lawyers, we have seen numerous individuals who have been stopped at one of these late evening police roadblocks only to be arrested for operating a motor vehicle while intoxicated. Despite concerns over the legality of sobriety checkpoints, the practice continues all across the Garden State.

Known variously as DUI checkpoints, drunk driving roadblocks or DWI checkpoints, the purpose of these so-called sobriety roadblocks is primarily to deter motorists from driving their vehicles vehicle while under the influence of alcohol, prescription medication, or an illegal substances (also known as a controlled dangerous substance or CDS).
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November 14, 2013

Alcohol Addiction Can Cause Serious Legal Problems When it Leads to a DWI Arrest

by Jonathan F. Marshall

Addiction of every kind has reached major proportions all across the United States. Whether it is prescription or illegal drugs, gambling, Internet, video games or simply working excessive hours at the office or smoking too many cigarettes, an addiction of most any kind can complicate one’s life and cause trouble with one’s personal and professional relationships. But however it may be manifested, it would seem that more and more people are giving in to their desires.

It is easy to see how some pastimes or vices can become obsessions for many individuals. To allow one’s time to be usurped by one or more obsessive pursuits can be a very difficult situation, but when that obsession, or addiction, leads to serious legal problems, there really is no good reason to ignore the problem any longer. As New Jersey drunk driving defense experts, we have seen the results of alcohol and drug addiction, the results of which are not usually good.

Not surprisingly, over indulgence in drinking alcohol could be called the grandfather of all addictions, having been around for thousands of years before video games, online pornography and other pursuits. While we will leave it up to others to fill in the list, there is much to be said about the addiction that alcohol can have on certain people and the incidence of drunk driving by those self-same individuals.
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November 12, 2013

DWI Defense Update: Drunk Driving Penalties Enhanced for DWIs that Occur Near Schools

by Jonathan F. Marshall

For those who don’t remember the year 1999, it was a landmark year in many respects. We saw the debut of the HBO series “The Sopranos,” which put the Garden State once again in the spotlight; former President Bill Clinton was acquitted in the impeachment proceedings held in the United States Senate; and Dr. Jack Kevorkian, referred to as “Doctor Death” by many, was found guilty of second-degree murder for administering a lethal injection to a terminally ill man.

What few may likely not recall was the passing by our state senate of Filomena’s Law in December of that year. This legislation was part of a number of DWI-related reforms which provided for enhanced punishment for drunk driving offenses when such incidents occur in a school zone. As New Jersey drunk driving defense attorneys, we know that numerous drunken driving arrests occur every month in the Garden State involving charges related to Filomen’s Law.

Filomena’s Law states that a charge of drunken driving shall be an enhanced offense if a driver is caught operating a motor vehicle while under the influence within 1000 feet of school property. The term property can mean that which is owned by or leased to any elementary school, secondary school or school board, and which is used for school purposes.
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