New Jersey DWI Lawyer Blog

October 2, 2013

Gloucester County Drunk Driving News: DWI Traffic Accident and Numerous DWI-DUI Arrests

Pick almost any community from across the Garden State and you will likely see at least a handful of drunk driving incidents occur there nearly every month. Being the most densely populated state in the Union, it is hardly surprising that New Jersey state troopers and local cops make more than 20,000 DWI arrests every year. Add to that the nearly 200 fatal accidents that make up about a third of all deadly roadway collisions and anyone can see that DWI-DUI enforcement is backed by both the public and the government.

Whether one is talking about Middlesex County, Bergen County, Ocean County or Atlantic County, the incidences of police traffic stops that result in an arrest for intoxicated driving or drug-related impaired operation of a motor vehicle is based on the number of individuals who are drunk on the road at the time. While a police officer is prohibited by law from stopping a driver only on the basis of a hunch that the person is inebriated, if there is a traffic violation, the door can be opened to a potential DUI-DWI arrest.

As New Jersey drunken driving defense lawyers, we fully understand the trepidation that many motorists feel after being served with a summons for drunk driving. The prospect of going before a judge, with a prosecutor and the arresting officer more or less gunning for that individual can put a certain amount of stress on a person. As DWI attorneys, my colleagues and I are always ready to assist accused drunk drivers fight for their rights in court.
Continue reading

September 30, 2013

New Jersey DWI Guilty Verdicts Can Hinge on Strong Proof of Intoxication, Among Other Facts

by Jonathan F. Marshall

As Garden State DWI defense lawyers, my colleagues and I know that it is truly a mistake to assume that the prosecution always has a strong case against every driver accused of DWI or drug DUI. If everyone assumed that the state’s case against a defendant was iron-clad, nobody would probably ever challenge the charges against them. But this is not a perfect world, and neither the police nor the prosecuting attorneys across New Jersey are always right. Mistakes are often made and the facts are sometimes used incorrectly or are not germane to the specific case.

At any rate, with free consultations available from most reputable and qualified drunk driving defense attorneys, there is no good reason not to spend a little time to describe your situation and find out what your rights are under this state’s DWI statutes. Here at the law officers of Jonathan F. Marshall we specialize in fighting for the rights of those motorists who have been accused of drunken driving, drug-related DUI, impaired operation of a motor vehicle, breath test refusal, and other alcohol and prescription drug-related offenses.

While many people can be excused for thinking that the word of a police officer is indisputable, as experienced DWI lawyers and skilled trial attorneys we know that this is hardly the case. As we have said before, this is not a perfect world and even patrolmen and state troopers can make mistakes when arresting and charging a driver with driving under the influence. Whether the arrest occurs in Monmouth County, Bergen or Ocean County, or Middlesex County, the question should always be: “Can the state prove you were driving while intoxicated?”
Continue reading

September 28, 2013

Bergen County DWI News: Don’t Mix Drinking and Driving with Vehicular Assault

by Jonathan F. Marshall

There are few situations in life that can result in an average citizen facing serious legal consequences than allegedly being the cause of an injury-related auto accident involving possible drinking and driving or drug use. As DWI defense attorneys, my colleagues and I understand how a simple night out on the town can wind up with a driver behind bars and hit with a variety of alcohol- or drug-related offenses.

We know that New Jersey state troopers and municipal police officers are hardly sympathetic to motorists who even hint at being impaired behind the wheel. That said, as DUI-DWI defense lawyers representing persons throughout the Garden State who have been accused of drunken driving, we can also say that adding vehicular assault to the charges is a whole new story. While a conviction for simple drunk driving may result in monetary fines, fees and assessments, injuring another person in a drug- or alcohol-related crash can make a DWI case all the more serious.

Take two instances of alcohol-related collisions that we have come across in the recent past. In one incident, police reports indicated that a driver from Passaic, NJ, was placed on probation following a DWI-related car crash that resulted in injuries to three individuals; one in the defendant’s car and two others in the other vehicle. The accident occurred in the Cliffside Park area when the 51-year-old defendant, who worked as a home health aide, reportedly rear-ended a Toyota Camry along a stretch of Palisade Ave at Walker St. while the other car was waiting for a red light.
Continue reading

September 26, 2013

Drunken Driving Update: New Jersey DWI Arrests Can Affect Almost Anyone in the Garden State

by Jonathan F. Marshall

“How could a drunk driving arrest have happened to me? I’ve never been one to drink and drive.” This statement has likely made by thousands of individuals all across the country every year, yet many people do get stopped for traffic violations following a night out on the town, or after a lunch with friends or colleagues, and even following a family barbeque. The fact is, if a person takes a drink of alcohol and then gets behind the wheel, there is always a chance that they may end up charged with drunken driving.

Being DUI-DWI defense lawyers, my firm has represented hundreds upon hundreds of motorists accused of operating a motor vehicle while impaired by drugs or alcohol. There is no safe way to drive a car, truck or motorcycle when one’s motor skills or cognitive ability is compromised by beer or wine, prescription drugs or even illicit substances. Almost anyone who consumes some amount of alcohol before getting behind the wheel can find themselves in front of a judge on drunk driving charges, the consequences of which can be costly and embarrassing.

While many otherwise law-abiding drivers can end up being taken into custody by a police officer after failing a roadside sobriety test, most feel that it couldn’t happen to them. Even those who don’t drink before driving might not realize that certain doctor-prescribed drugs are capable of affecting a person’s ability to control a motor vehicle. And don’t be fooled, DWI arrests can happen to anyone. We were certainly reminded of this when reading a news article a short time ago.
Continue reading

September 24, 2013

Drunk Driving Defense: Addressing Concerns of the New Jersey’s First-time DWI Offenders

by Jonathan F. Marshall

As many drivers know there is nothing so discerning to a motorist as seeing those flashing patrol car lights in one’s rearview mirror. But that sinking feeling of being pulled over by a New Jersey state trooper or local patrolman can be compounded simply because a driver may think he had one too many drinks or if he is on prescription medication from a physician. The important thing to remember is it is never a mistake to consult with a qualified legal professional who understands drunk driving law.

While many people may wonder why a person would need to hire a DWI-DUI attorney, the benefits can outweigh the potential fines, license suspension, and even jail time consequences associated with a drunk driving conviction. Whether a person has been picked up for operating under the influence, driving while impaired by doctor-prescribed medications, or breath test refusal following a DWI arrest, the experienced trial lawyers at the law offices of John F. Marshall can help explain your rights under the law.

When trying to decide whether it is advisable to hire a drunk driving attorney to handle your case, it is best to look at the downside to not having a qualified legal professional at one’s side. Fines and monetary penalties aside, the potential of a license suspension if one loses his or her DWI or drug DUI case is a real and potentially life-disrupting after-effect of a conviction. For individuals who rely heavily on their ability to drive to and from work, school or other important daily activities should truly consider what the loss of driving privileges can mean.
Continue reading

September 22, 2013

Off-duty Jersey Policeman Charged with DWI, Breath Test Refusal after Altercation at Gas Station

by Jonathan F. Marshall

As professional trial attorneys, my colleagues and I have a great deal of respect for our men and women in uniform: the soldiers in our military who fight for our nation in conflicts abroad, and the law enforcement and emergency services personnel who maintain order and protect the health and safety of citizens here in the Garden State and elsewhere throughout our country.

In fact, as a former municipal prosecutor myself, I have worked closely with police officers and other New Jersey law enforcement officials to uphold our state and federal legal statutes. I fully understand the dedication and sacrifice that those in law enforcement provide to our communities on a daily basis. But, while I respect and admire the efforts and selfless commitment of our police officers as a whole, I also know that there can be some bad apples in every bushel.

There is a line we all must draw when a public servant breaks the laws he has been sworn to uphold. As citizens, each of us should expect every public official, including patrolmen, to carry themselves with dignity even when off duty. The vast majority of police, judiciary and legislative representatives in this state are a credit to their individual professions as they go about their lives being the exemplary role models that the rest of us can appreciate and emulate.
Continue reading

September 20, 2013

Ignition Interlocks: The Current Reality for Many Convicted New Jersey Drunken Driving Offenders

by Jonathan F. Marshall

It’s safe to say that most people who have more than a few decades under their belts may have seen and experienced quite a bit in their life so far. That said, it wouldn’t be a stretch to suggest that being arrested by a police officer for anything would be a relatively scary proposition for almost anyone, not the least an average law-abiding citizen. The last thing that anybody wants is to be branded as is a scofflaw, or worse, a criminal.

But being arrested for a DWI or drug DUI is exactly what thousands of Garden State residents experience every year in this state. Having been stopped for a traffic violation can rattle most any motorist, but to find oneself being placed in the back of a patrol car and taken to police headquarters for a breathalyzer test and possible drunken driving charges, well that can be a downright frightening experience.

Not only can a DWI-DUI arrest be unnerving, but having been charged and then facing the serious consequences of a drunk driving conviction the potentially expensive penalties that go along with a guilty verdict can weigh on a person. As New Jersey DWI defense lawyers, my colleagues and I truly understand what the average person is facing when that squad car door slams shut and the ride to police headquarters begins. Maybe you won’t be charged with driving while intoxicated, but many people are and those odds aren’t comforting.
Continue reading

September 18, 2013

NJ Drunk Driving Police Blotter: DWI and CDS Arrests in Middelsex and Cumberland Counties

by Jonathan F. Marshall

As Garden State DWI defense attorneys, we know that our perspective on drunk drivers may be somewhat different that that of the police or legislators in Trenton. Where law enforcement agencies do not have much sympathy for drivers who drink and drive on New Jersey roadways, our job as DWI defense lawyers is to consider all of the facts and the specific circumstances of each case and present a thoughtful argument to the court on our clients’ behalf.

When it comes to operating a motor vehicle while intoxicated, my colleagues and I know that errors in judgment can and do occur on a regular basis in this country. We know that many people who are arrested for drunken driving (who the law refers to as first-time offenders) never consciously decided to break the law, but rather did not realize they we legally impaired to begin with. Of course, once a traffic stop is made, it can be up to the opinion of the officer in charge whether or not to arrest the motorist.

With all the focus on anti-DWI enforcement, it is not too surprising that there will be from time to time motorists arrested and charged with drunk driving who have been either unfairly accused of DWI or who may have extenuating circumstance that made the officer believe that individual was impaired at the time of the traffic stop. Either way, it is the job of this law office to provide an important service of representation to these and other people who seek our counsel.
Continue reading

September 16, 2013

Piscataway Driver Charged with Drunken Driving Following Arrest Outside Hunterdon County Prison

by Jonathan F. Marshall

In our line of work there is no lack of odd circumstances that arise when considering the range of cases involving drunken driving or drug DUI. Here in the Garden State, police agencies and the officers who work for them are not the least bit sympathetic to drivers who even have merest appearance of operating a motor vehicle while intoxicated. While this can sometimes result in a motorist being arrested erroneously for operating a motor vehicle while intoxicated, other DWI arrests are much more legitimate. However this doesn’t mean that nothing can be done when the time comes to go before a judge.

Whatever the circumstances, as a New Jersey law firm providing legal representation to individuals charged with one or more of any number of drunk driving offenses, we highly recommend consulting a qualified DWI trial attorney before taking one step into a courtroom. There is no excuse, with free consultations available from many reputable DWI lawyers, that any person accused of driving under the influence of alcohol or prescription medication not be informed about his or her rights under the law.

Of course, as we stated previously, there are exceptional or at least odd circumstances where a motorist may find himself arrested for DWI-DUI following a police stop. Such was apparently the case a short while back when a Middlesex County man was taken into custody and charged with drunk driving after a police officer noticed a vehicle parked in a restricted area of the Mountainview state prison off Petticoat Lane in Hunterdon County, NJ.
Continue reading

September 14, 2013

Driver Found Asleep at the Wheel in Ocean County Arrested for DWI and Drug Possession

by Jonathan F. Marshall

Impaired driving aside, being arrested for a drug possession charge is nothing to take lightly. Having marijuana, cocaine, meth, or any other type of narcotic or habit producing substance in one’s possession can lead to bad results. As Garden State criminal lawyers and drunken driving defense attorneys, we often see situations where a simple traffic offense may lead to a worse outcome.

The reality these days is how easily a case of simple drug possession in a motor vehicle, or even possession with intent to distribute can become a much more complicated situation with serious criminal penalties attached. As criminal defense attorneys, we understand how charges for cocaine, weed or other illegal substance has the potential to become bring with it enhanced penalty exposure, including jail time.

Taking into effect the numerous factors associated with cocaine possession, for instance, law enforcement agencies in the Garden State have been rather aggressive in pursuing and arresting individuals believed to be involved in this type of drug. New Jersey’s Drug Court was instituted to help those people who have an addiction problem, as opposed to those who may be in the drug “business.” In any case, being stopped on the roadside with illegal drugs in one’s possession is not desirable under any circumstances.
Continue reading