New Jersey DWI Lawyer Blog

October 15, 2013

Monmouth Co. Drunken Driving Police Blotter: Middletown Twp. Police Net Dozens on DWI-DUI Charges

Given the population, as well as the number of motor vehicles in the Garden State, there are a fair number of drunken driving arrests that occur every month all across the state. In counties such as Middlesex, Passaic, Ocean and Cape May, throughout the year local police officers and state troopers alike make dozens of alcohol and drug-related arrests every week following routine traffic stops.

As New Jersey DWI defense attorneys, we understand that being pulled over for even the most simple of driving infractions can open the door to drunk driving or drug-related DUI charges. When a motorist receives a DWI or DUI-related summons, the clock starts ticking toward a court date, a possible conviction and potentially hefty monetary fines and other penalties.

It seems that no matter where one looks in the news, there is always some story that grabs the reader’s attention regarding an alcohol- or drug-related arrest on one of New Jersey’s roadways. The ubiquitous police blotter pages can be an interesting source of information on what not to do if one has a drink or two under their belt.
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October 14, 2013

New Jersey Motorist Tells Cops He Drank Vodka Prior to Being Arrested for Drunk Driving

by Jonathan F. Marshall

Far be it for us to tell anyone what to do in this life, but as experienced Garden State drunk driving defense lawyers and skilled trial attorneys, we like to believe that our advice is solid, at least when it comes to avoid a DWI conviction. Since for most people — mostly those arrested for operating a motor vehicle while under the influence of beer or wine, hard liquor or mixed drinks — the thought of being pulled over and arrested for DWI was likely the last thing on their mind, that is, until a police cruiser appeared in their rearview mirror.

First-time drunk driving offenders are usually the most surprised when a state trooper or local patrolman turns on his siren and patrol car lights as a precursor to stopping a motorist for perhaps a very minor traffic infraction. But, of course, once that occurs the door is opened to the curiosity of the policeman in charge and if one has had a little too much alcohol to drink, the results could be unfortunate.
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October 12, 2013

New Jersey Councilman’s Son Gets Seven Years in Jail for Fatal Ocean County DWI Accident

by Jonathan F. Marshall

Being arrested for DWI is one thing, but being charged with a roadway accident, or worse, one that involves a death is certainly a serious situation that usually calls for the skills of an experienced trial attorney who understands the drunk driving laws here in the Garden State. And we will add that while a thorough understanding of the law is definitely a prerequisite, retaining a lawyer who has defended motorists against drunken driving, CDS and drug DUI charges is also important.

As a former municipal prosecutor, I and a number of my legal staff have worked both sides of the aisle in DWI and DUI litigation. No matter where you drive here in New Jersey, whether it’s Bergen, Union, Sussex or Atlantic County, if you are pulled over by a state trooper or city cop and issued a drunken driving summons, your legal fight will be helped a great deal with the assistance of a qualified DWI-DUI attorney. On the far end of the scale, being implicated as the cause of a fatal drunk driving-related car, truck or motorcycle collision only raises the stakes to a much higher level.

As New Jersey DWI defense lawyers, our job is to represent motorists accused of driving under the influence of alcohol or prescription drugs (drug DUI). One thing is certain, at least in cases involving an alcohol-related traffic death, if the police and local prosecutor believe that the driver who caused the crash was impaired by alcohol, prescription meds or illegal drugs like cocaine or marijuana — the consequences can be truly serious and very harsh.
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October 11, 2013

If Politicians and High-profile Individuals can be Arrested for DWI, is Anyone Immune from DUI?

by Jonathan F. Marshall

We’ve said it before, but it bears repeating: Nobody is completely free from the scrutiny of police officers on Garden State roadways, which means that anyone who takes a drink and then drives a motor vehicle on a public highway or city street is taking a big risk. And that risk applies not only to the driver’s potential health and safety — and that of his passengers — but also to his financial well-being. This is simply because DUI-DWI fines can be quite heavy, with the effects of a drunken driving conviction often lasting for quite some time depending on the current offense and those previous, if any.

Having worked for many years both as a former municipal prosecutor and now as a defense attorney for motorists accused of DWI, drug DUI, breath test refusal and other alcohol and drug-related traffic offenses, I fully understand the potential negative outcome of a DWI conviction. Many people, especially those for whom a drunken driving arrest may be their first scrape with the law, the ultimate consequences of being found guilty of driving under the influence can sometimes be lost amidst all the other procedural details of fighting such a charge.

The point we would like to convey here is that drunk driving has become such an inexcusable offense in the eyes of the public — not to mention the police and our courts — that those repeat offenders can hardly expect any kind of a pass when they transgress over and over again. Even those high-profile individuals are finding it harder and harder to gain any kind of meaningful consideration when a DWI or drug DUI is concerned.
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October 10, 2013

New Jersey DWI Legal Defense: What Happens after a Conviction for Drunken Driving?

by Jonathan F. Marshall

While nobody likes to contemplate their own drunk driving conviction, it is a fact that a percentage of defendants in DWI cases will be found guilty by the Court. Although this is not a desirable situation, there are necessary considerations that will come up following a conviction for driving while intoxicated. At the Law Offices of Jonathan F. Marshall, I and my team of experienced DWI-DUI defense attorneys are skilled in New Jersey DWI laws having represented numerous motorists who have been accused of operating a motor vehicle while impaired by alcohol, prescription medication or controlled dangerous substances (CDS).

While we always strive to help our clients attain a not guilty verdict or to have a drunk driving case thrown out on procedural grounds, the fact remains that some people accused of drunken driving will indeed be found guilty and be subject to the penalties laid out by New Jersey’s DWI statutes. For anyone who wonders, sentencing following a DWI conviction can be found in N.J.S.A. 39:4-50. For those who have been found guilty there is no doubt that the monetary and other penalties can be rather harsh, especially for those of limited means or who need their vehicle daily to get to work, school or other activities.
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October 9, 2013

Son of Former D.C. Mayor, Marion Barry, Charged with Marijuana-connected Drug DUI and Possession

by Jonathan F. Marshall

To many people a DWI is just a DWI; it’s an instance of being charged by a police officer for driving under the influence of alcohol. However, there are other types of impaired driving offenses, the more serious of which can be those that go under the heading of drug DUI. While alcohol can and does affect a driver’s judgment, as well as his or her ability to react to traffic situations, drugs of all types can cause a person to be less able to operate a motor vehicle.

For the above reasons, the New Jersey legislature has enacted laws that make it illegal to drive a car, motorcycle or truck while impaired by any number of substances. Whether a motorist is impaired because of a bad prescription drug interaction, or due to the use of a controlled dangerous substance (CDS) like marijuana or cocaine, our legal statutes (for instance, N.J.S.A. 39:4-50[a]) make it a chargeable offense for operating a vehicle while under the influence of hallucinogenic, narcotic, or habit producing drugs.

Unlike alcohol-based DWI offenses, a drug DUI charge has often been pursued by local prosecutors’ offices using expert opinions as to the effect that a certain type of substance had on the defendant’s ability to operate a motor vehicle. When approaching DWI and drug DUI cases, the term “under the influence” has generally been defined to mean a “substantial” deterioration or diminution of an individual’s mental faculties or physical capabilities due to an intoxicating liquor, a narcotic, a hallucinogenic or a habit producing drug.
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October 8, 2013

Traffic Safety Advocates Urge New Jersey Lawmakers to Treat Cellphones Like Open Containers of Alcohol

by Jonathan F. Marshall

It’s safe to say that the number of drivers arrested to date for operating a motor vehicle while under the influence of alcohol or impaired from the use or abuse of prescription drugs is much greater than those who have been ticketed for using a non-hands-free cellphone while driving. While safety advocates continue to debate the relative dangers of DWI versus distracted driving, one thing is for certain, the days of unfetter cellphone or smartphone use in a motor vehicle are likely more limited than many people might imagine.

More than a year ago we commented on the increasing trend of legislating prohibitions on the use of cellphones while driving because of the obvious dangers of being distracted during the operation of a motor vehicle. As New Jersey DWI defense attorneys, my colleagues and I have years of experience defending individuals who have been accused of driving under the influence of alcohol, doctor-prescribed medication, or an illicit or controlled substance (CDS). Many of our clients believe that that they were not impaired, while some feel they were improperly arrested.

Now, after years of defending drivers who have been arrested and charged with alcohol or drug impairment, the increase in attention on the frequency of cellphones and texting in cars has resulted in a whole new genre of “impaired” driving; we’ve asked in the past whether “phoning-while-driving” could become as costly an exercise (from the standpoint of traffic-related penalties) as being convicted of DWI or drug DUI.
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October 7, 2013

New Jersey Supreme Court Upholds Alcotest Device following Challenge to Machine’s Reliability

by Jonathan F. Marshall

Proof of intoxication is typically a key element in any case against a motorist who has been charged with DWI, or driving while intoxicated. As any seasoned drunken driving defense lawyer knows, a conviction for driving under the influence of alcohol can result in potentially crippling consequences for his or her client; making it all the more important to challenge any evidence that might help to prove the defendant was drunk at the time of the arrest.

It is important to remember that simply because a driver is stopped for a traffic offense, under which circumstances the police officer in charge believes the driver to be under the influence of beer, wine or hard liquor, the state must still show proof of intoxication to the court. If the municipal prosecutor cannot adequately show that the defendant was legally impaired, the court may find that individual not guilty of the charges, or simply throw out the case for lack of sufficient evidence.

But the evidence can be strong when a breathalyzer machine, such as the Alcotest device, has recorded a measurement(s) that indicates a substantial amount of alcohol in the driver’s bloodstream. Because DWI-DUI is a serious offense, which can carry with it severe and costly penalties should a person be convicted, the results provided by machines such as the Alcotest 7110 — used by police departments all across New Jersey — have for years been the foundation of most DWI cases against accused drunk drivers.
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October 6, 2013

New Jersey Club Loses License to Serve Alcohol in Wake of Fatal Underage DWI Car Accident

by Jonathan F. Marshall

Let there be no misunderstanding, there are few things more serious from the standpoint point of DWI than being involved in a fatal drunk driving roadway accident. And while it is usually the alleged drunk motorist who is charged with DWI-DUI following a serious injury accident or fatal collision, others can be implicated as well depending on the circumstances. As New Jersey drunk driving legal defenders, I and my staff of experienced DWI attorneys are well aware of the consequences of any drinking and driving arrest.

But aside from the driver who is accused of causing an accident while impaired by alcohol or prescription meds, occasionally a third party may be held at least partially responsible for certain DWI-DUI incidents even though that party did not personally get behind the wheel of a vehicle while under the influence of alcohol or a controlled dangerous substance (CDS).

The repercussions for some drinking establishments and retail outlets of alcoholic beverages are often held to a high standard when it comes to serving individuals who already are drunk. Take, for instance, a news reports that we ran across a while back that described a Vineland adult entertainment club that allegedly served liquor to a pair of underage individuals who later died in what police described as a DWI-related traffic collision.
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October 4, 2013

New Jersey Municipal Courts See the Lion’s Share of DWI-DUI Cases

by Jonathan F. Marshall

Nobody ever said that being arrested and charged with a DWI was going to be a pleasant experience. For most people, getting a drunk driving summons or being held in jail overnight to “dry out” can not only be an embarrassing experience, but it can also be rather frightening. This is especially true when one begins to consider the repercussions of such an encounter with the possibility of a conviction and any associated penalties; those fines, fees and statutory assessments can run in the thousands of dollars, which makes a drunken driving arrest potentially costly from a financial standpoint as well.

For the record, the state of New Jersey has for some time banned the legal practice of plea bargaining for those defendants who are facing charges of driving while intoxicated. This is generally the case, unless there is some serious legal issue at stake or if there is a major flaw in the prosecution’s case. Barring a genuine legal issue, judges are barred from entertaining any thought of a dismissal or even the downgrading of a drunk driving charge.

As professional DWI defense attorneys, we know that the secret to success in avoiding a conviction (or in winning a downgrade in a defendant’s charges) is identifying certain key issues that reduce the strength of the state’s arguments. This is where our firm’s unique DWI law training and trial experience can prove invaluable. At my firm, the attorneys who make up the Jonathan F. Marshall legal defense team have credentials that are, quite frankly, second to none.
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