New Jersey DWI Lawyer Blog

November 10, 2013

Garden State Drunk Driving Update: How to Approach Events at a DWI Roadblock

Anyone who follows the evening news or reads the local police blotters understands that alcohol and motor vehicles are never a good mix in the eyes of the police and our court system. Whether a driver has just left a celebratory party with close relatives, driving away from a bar after having a drink with friends, or returning home with one’s spouse after an evening of dinner and dancing, if alcohol is in your system when a police officer pulls you over for a traffic violation, there may be consequences.

Of course, we see these kinds of scenarios play out every day all around our state. In fact, as New Jersey DWI-DUI defense attorneys, we are never surprised at the frequency and volume of drunk driving arrests that occur in the Garden State on a monthly basis. Whether in the Monmouth County area, over in Hudson or Sussex counties, or down in Cape May County, the likelihood of being arrested and charged with an alcohol-related offense is high if the driver himself is too.

Now, most people would tend to assume that motorists get pulled over for being drunk, but the fact of the matter is the police can only stop a vehicle if they observe a traffic violation take place. Roving police patrols, especially prevalent during certain holidays, are usually looking for telltale signs of inebriation, though simply assuming a driver is drunk is not sufficient to justify a traffic stop on its own. But once a moving violation or vehicle equipment violation has been spotted, the odds of being stopped go up considerably.
Continue reading

November 9, 2013

Cumberland County Man Loses Driver’s License for 12+ Years after Sixth DWI Conviction

by Jonathan F. Marshall

New Jersey DWI law provides for a variety of increasingly stiff penalties for those motorists who find themselves convicted of driving while intoxicated. As Garden State drunk driving defense attorneys, our job is to represent individuals who have been charged with DWI or drug DUI, as well as those who have refused a breathalyzer test or been accused of drug possession in a motor vehicle.

For first-time drunk driving offenders, a conviction can come with significant penalties that can affect the driver in numerous ways. Fines for a first offense can run from $250 to $400, depending on the amount of alcohol in one’s bloodstream at the time of the arrest (this blood-alcohol content (BAC) can range between 0.08 and 0.10 percent. It should be remembered that these fines will increase to between $300 to $500, if the defendant’s BAC was measured at more than 0.10 percent. And this would be the “good news.”

The bad news is that offenders convicted for a third or subsequent time can not only lose their driver’s license for 10 years, but can be assessed fines in the thousands of dollars. Given the severity of penalties for third and subsequent offenses, we believe that representation by an experienced DWI defense attorney is in a defendant’s best interest. Sometimes the challenge is quite great, such as in the case of an individual we read about a while back who was convicted a sixth time for DWI by a Cumberland County court.
Continue reading

November 8, 2013

Older NJ Drivers Just as Likely to be Arrested for DUI-DWI as Younger Motorists

by Jonathan F. Marshall

Having defended a great many individuals accused of DWI throughout the years, the attorneys at our firm realize that nobody is immune to what is often referred to as the “long arm of the law.” Especially where traffic enforcement is concerned, patrolmen are usually quite vigilant when it comes to spotting erratic driving behavior on Garden State roadways. And if a motorist is found to have been drunk behind the wheel, the law does not discriminate — fines, court fees and increased auto insurance premiums are just a few of the penalties that await someone unlucky enough to be found guilty of DWI.

And, as New Jersey drunken driving defense lawyers, we are well aware that both young and old are equally likely to be arrested for drunk driving. Although older drivers may have more experience behind the wheel, the intoxicating effects of alcohol or a controlled dangerous substance (CDS), such as marijuana, cocaine or meth, can make even the most qualified driver less than effective on the road.

With many kinds of traffic offenses, usually the more minor ones however, a motorist’s age and driving history can work in his or her favor. Unfortunately, with the focus on eliminating the dangers of drinking and driving from New Jersey roads, courts are unlikely to give an older, seasoned driver a “pass” when it comes to a drunk driving arrest. A good driving record can be a plus, but depending on the circumstances, penalties both in terms of monetary fines and jail time can still be a significant possibility.
Continue reading

November 7, 2013

Accused of DWI, Lindsay Lohan’s Mother Blames Paparazzi for Her Alleged Drinking and Driving

by Jonathan F. Marshall

As New Jersey drunken driving defense attorneys, we have represented hundreds of motorists accused of operating a motor vehicle while under the influence of alcohol. In our years as experienced trial lawyers, we have heard numerous kinds of defense arguments, but rarely if ever have we heard of a defendant arguing that being hounded by the media resulted in his or her DWI arrest.

Granted, the majority of defendants in New Jersey drunk driving cases tend to be average people who have been unlucky enough to have been stopped by a police officer and handed a summons for driving under the influence of alcohol or prescription drugs. Those who are popular enough to be the target of news reporters and photographers would make a much shorter list.

We were reminded of this when we ran across a number of news stories about Dina Lohan, the mother of the well-known celebrity, Lindsay Lohan. According to reports, Lohan’s mother was headed to court in Long Island because of a DWI charge resulting from a traffic stop on the Northern State Parkway back on September 12. It appears that Ms. Lohan, 51, was stopped by a patrolman for speeding, but ended up being arrested on what the news articles called “suspicion” of driving while intoxicated.
Continue reading

November 6, 2013

Lacey PD Officers Arrest Toms River Woman for DWI in Ocean County Retirement Community

by Jonathan F. Marshall

While drinking and driving is a serious offense with stiff and long-lasting penalties, there are several steps between being charged with DWI and being convicted of drunken driving. The fact of the matter, assuming that a police officer stopped the defendant on legitimate grounds, is that the state must prove to the court that the driver was intoxicated at the time of the arrest. Although this might seem like a slam-dunk to most people, as New Jersey DWI defense attorneys, my colleagues and I know that a great deal can change between the time of the arrest and that of the court’s verdict.

Proof of intoxication is no doubt a key piece of evidence in every municipal prosecutor’s case file. If the state cannot prove that a driver was legally impaired at the time of the arrest, the court most likely will have to dismiss the charges against the defendant. We will add that because of the potentially crippling consequences of a DWI-DUI conviction, there is no good reason to eschew the services of a qualified drunken driving lawyer.

Simply because a person is stopped for a traffic violation and subsequently charged with driving under the influence in no way means that nothing that can be done to avoid a guilty verdict. The main thing to remember is that the state must prove that a driver was, in fact, intoxicated at the time of the traffic stop. For the majority of DWI arrests, there are four ways in which the police can obtain this evidence, including a breathalyzer test, blood test, field sobriety test, and direct admission of guilt by the motorist himself.
Continue reading

November 5, 2013

New Jersey DWI Defense Update: Drunk Driving Stops and a Driver’s Fifth Amendment Miranda Rights

by Jonathan F. Marshall

As experienced trial lawyers and drunken driving defense attorneys, my colleagues and I often get questions from potential clients asking about courtroom procedure, state and federal law as it applies to DWI and drug DUI arrests or convictions, as well as how the police perform traffic stops that lead to a person being charged with a DWI or DUI in the Garden State. Having worked for years as a prosecuting attorney, I and several of my staff understand both sides of the coin in regard to handling drunk driving court cases.

One of the more important Constitutional-based questions that we hear from motorists who have been accused of operating a car, truck or motorcycle while under the influence of alcohol or doctor-prescribed medication is that regarding their rights vis-à-vis the Fifth Amendment of the Bill of Rights. More specifically, how Fifth Amendment Miranda Rights fit into the framework of a roadside traffic stop, especially one that has led to a DWI arrest or DUI summons.

In general terms, the Fifth Amendment to the U.S. Constitution protects individuals against the abuse of government authority. For all intents and purposes, a police officer is the embodiment of government authority, which means that the actions of municipal patrolmen and state troopers are governed, so to speak, by the restrictions laid out in the Fifth Amendment. For those unfamiliar with the specific wording of this Constitutional amendment, here is the text:
Continue reading

November 4, 2013

Berkeley Police Charge Handful of Drivers with Drunken Driving following Weekend DWI Roadblock

by Jonathan F. Marshall

Here in the Garden State, DWI checkpoints (or drunk driving roadblocks, by which they are also referred) are a common tool used by police departments to help decrease the number of alcohol-related traffic accidents, as well as to signal to drivers that drunk driving is in no way being tolerated any more. That said, it is still rather confusing to the general public regarding the how and why of these seemingly invasive means of generating DWI arrests.

Because the U.S. Constitution protects the public from unreasonable search and seizure, many trial lawyers find the use of sobriety roadblocks and DWI checkpoints somewhat of an affront to the basic rights afforded citizens by the Bill of Rights. Yet, despite the fundamental argument that motorist should be protected against unreasonable search or seizure by the police during a traffic stop, the Supreme Court has previously upheld the constitutionality of drunk driving checkpoints as a means for ensuring the public good.

As most any New Jersey driver is no doubt aware, anti-drunken driving enforcement in the Garden State is undertaken in a number of different ways depending on the season or circumstances. Enhanced roving drunk driving police patrols throughout counties like Hudson, Atlantic, Bergen and Middlesex are often employed before and during popular holidays such as July Fourth, Memorial Day and New Year’s. The use of DWI-DUI checkpoints and sobriety roadblocks is also thought to catch a percentage of motorists who may be inebriated behind the wheel.
Continue reading

November 3, 2013

Garden State DWI Defense Update: Save Your “Fight” for the Courtroom

by Jonathan F. Marshall

Having represented hundreds of clients over the years, my colleagues and I fully understand the anger and frustration felt by those who have been accused of operating their car, truck or motorcycle while under the influence of beer, wine or hard liquor. Especially for people who may not have fully aware that they were possibly drunk or potentially impaired by alcohol or prescription drugs, being arrested and served with a DWI-DUI summons can bring out the worst in some individuals.

Yet, as experienced DWI defense lawyers we can tell anyone who asks that the time is never right for a verbal outburst toward or physical conflict with an arresting officer. Expressing one’s dismay at the scene of a drunken driving traffic stop may seem natural to some; however, as long-time trial attorneys we can say without much hesitation that it’s better to save one’s energy and use it to fight the charges later in court. Quite frankly, the roadside is hardly the venue for venting one’s anger at a policeman.

At the Law offices of Jonathan F. Marshall, our attorneys work to preserve your rights under the laws of New Jersey and the United States Constitution. As knowledgeable and experienced trial lawyers, we work hard to represent motorists who have been charged with DWI, drug DUI, breath test refusal and other alcohol and drug-related traffic offenses.
Continue reading

November 2, 2013

DWI Defense News: Underage Drinking and Driving Arrests Are Not to be Ignored

by Jonathan F. Marshall

With the school season well under way, high school students are in the midst of some of their most important years as they work on making the grade while preparing to go to college in only a few years’ time. For many parents of teenage children, high school — and even middle school or junior high — can be fraught with trials; not all of them academic. For some young adults, the temptations of alcohol and drugs can be formidable. Sadly, for some, there can be a failure to grasp the all-too-real consequences of their actions; parents of such teens should be aware of these as well.

While being young and impressionable, many school-age kids mimic their friends and family. Although most parents and other adults do a decent job of presenting good examples, others may not. In the end, however, the choice is not with the parents, but often with the young individuals who will ultimately feel the effects later in life. As New Jersey drunken driving defense lawyers, my colleagues and I are more than familiar with the numerous ways in which a person can end up on the wrong side of the law regarding an alcohol- or drug-related offense.

Drinking and driving is one common way in which motorists of all ages can run afoul of the police. For those underage drivers, a DWI is outlined in our state’s legal statutes (N.J.S.A. 39:4-50.14), which read in part, that any individual who is under the legal age to purchase alcohol, and who operates a motor vehicle with a blood-alcohol concentration (BAC) of just 0.01 percent (and less than 0.08 percent) shall forfeit his driving privileges for a period of between 30 to 90 days. Even those who have yet to get their driver’s license will have to wait a similar period before being allowed to drive in New Jersey following a conviction for underage DWI.
Continue reading

November 1, 2013

Garden State Sobriety Roadblocks Continue to Catch Some Intoxicated Motorists

by Jonathan F. Marshall

Being long-time trial attorneys skilled in the defense of individuals accused of civil and criminal offenses, we understand how there are some people who still are inclined not to take a DWI or drug DUI arrest that seriously. However, as professional drunk driving defense lawyers, we can say without much hesitation that while being arrested may not always get a person’s attention at the time, being thrust into a DWI-DUI court hearing while facing some hefty monetary penalties usually does.

Here in the Garden State, my colleagues and I make it our job to help those motorists who have been accused of driving under the influence of alcohol or operating a motor vehicle while impaired by doctor-prescribed medication or another controlled dangerous substance (CDS). We certainly do understand the financial burden that a DWI or drug DUI conviction can have on many individuals, not only in terms of fines and assessments, but also in the way that a loss of personal mobility can affect the ability to perform one’s job or simply go about daily life.

It’s always interesting to read about the increase in anti-drunken driving enforcement as certain holidays approach or when vacation season is at its zenith. However, there are always local police patrols — as well as state trooper units — that are constantly on the lookout for potentially impaired drivers. Here in New Jersey, where the frequency of anti-DWI campaigns can be very high, drunken driving saturation patrols and sobriety checkpoints are also common. Sometimes, there is no particular campaign in effect, but simply a police presence on certain roadways that have frequent DWI incidents.
Continue reading