New Jersey DWI Lawyer Blog

September 12, 2013

Repeat DWI Offenders Take Note: Penalties for Second and Subsequent DWIs Could Get More Strict

Traveling the Garden State Parkway, coastal highways or city streets while legally intoxicated could be much more of a gamble in coming years for those who already have a drunken driving conviction under their belt. As New Jersey DWI-DUI defense lawyers, my firm understands the serious nature of any drunk driving arrest, not to mention the conviction that could follow. But for those already convicted of a first-time drunk driving offense, the next time might be even more expensive than it is today.

According to news reports, the New Jersey legislature is considering a piece of legislation that would increase the fines and other penalties well beyond what are on the books right now. As experienced drunk driving attorneys and skilled trial lawyers, we know that even with large-scale anti-DWI campaigns, frequent roadside sobriety checkpoints and high-saturation DWI patrols, the chances of someone being stopped and arrested for driving under the influence of alcohol are pretty good.

Whether one lives in Monmouth, Ocean, Sussex or Middlesex County; or if a driver is simply traveling through the Garden State, state and municipal police officers are always on the job looking for potentially drunk drivers. And while a patrolman cannot stop a car simply on a hunch that a driver is impaired by alcohol or prescription drugs, there are more than enough potential traffic and vehicle offenses happening on a regular basis to give a policeman any number of excuses to pull a drunk motorist over.
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September 11, 2013

Refusing a Breathalyzer Test: An Option that Should Not be Exercised Without Due Consideration

by Jonathan F. Marshall

As drunk driving defense attorneys, I and my staff of skilled trial lawyers have been representing motorists accused of operating a motor vehicle while intoxicated for many years. Here in the Garden State, there are many different ways in which to be charged with some kind of alcohol-related driving offense. As a former municipal prosecuting attorney, and now as a DWI defense lawyer, I understand that some individuals should never have been accused of drunken driving in the first place, while others simply could benefit from the representation that my law offices provide.

Although some people may consider a straight DWI-DUI charge as the worst possible accusation that a driver could receive from the police, it is equally serious when a motorist — for whatever reason — chooses not to submit to a breath test when a police officer requests it. For this reason, I and my colleagues always recommend that anyone having been charged with breath test refusal seek an experienced drunk driving attorney before they step foot in a courtroom.

While it may seem to be a good choice to some drivers, refusing to submit to a breath test here in the Garden State is usually treated with the same enthusiasm by prosecutors as any other DWI or DUI arrest. As we tell many of our clients who choose this route, breathalyzer refusal a serious offense that one cannot afford to take without proper legal representation.
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September 9, 2013

New Jersey Drunk Drivers and Ignition Interlock Devices (FAQ)

by Jonathan F. Marshall

Those arrested for drunken driving here in the Garden State don’t have much to look forward to should a conviction for DWI be the end result. In addition to the hundreds and even thousands of dollars in monetary penalties, such as assessments, fines, insurance premium increases and court fees, the law also requires convicted drunk driving offenders to have an ignition interlock device placed on his or her vehicle for a period specified by the court.

As New Jersey drunken driving defense lawyers, I and my colleagues have the skills and experience necessary to represent individuals accused of operating a motor vehicle while intoxicated by alcohol, prescription drugs, or a controlled dangerous substance (CDS). While many people may not think that they have a chance to avoid a DWI or drug DUI conviction, the fact remains that if you don’t try, you won’t ever know what is or isn’t possible.

When it comes to being found guilty of a drunk driving offense, many of those people who are convicted receive not only harsh monetary penalties but also possible jail time or other punitive measures. One of the increasingly common penalties that individuals find themselves being ordered to follow by the court is the mandatory use of an ignition interlock device.
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September 8, 2013

Drinking and Driving in New Jersey can have Multiple Consequences for All Involved

by Jonathan F. Marshall

As New Jersey DWI defense lawyers, my colleagues and I know the serious consequences that can be associated with operating a motor vehicle while intoxicated. The attorneys at my law office have for years been legal representatives of accused DWI-DUI drivers; we have acted in this capacity for long enough to know that getting behind the wheel of a motor vehicle after having a drink or two can be more than a risky proposition, it can lead to an injury-related car accident or a fatal traffic collision.

Aside from these mostly unthinkable results of impaired driving, the odds of being arrested by a state police trooper or a local patrolman increase with the frequency of driving while potentially intoxicated. As a matter of fact, we often advise friends and associates to always consider the potential downside of operating a car, truck or motorcycle if one has had anything to drink prior to getting behind the wheel.

This warning goes the same for individuals who are taking prescription drugs or other narcotic substances. There is little to be gained by venturing out onto public roads when you may be stopped by a state trooper or local patrolman for some minor traffic offense, only to be slapped with a DWI or drug DUI. The personal and professional embarrassment, potential financial impact and the possible daily troubles associated with the loss of one’s license should all be motivating factors for any driver who thinks he is immune from detection, arrest or conviction for DWI or DUI.
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September 6, 2013

Liquor Store Owner Calls Police after Allegedly Intoxicated Customer Tries to Buy More Alcohol

by Jonathan F. Marshall

Just a note to any drunk individuals who might mistakenly believe that liquor stores are their best friends. All we can say is don’t count on it; the odds of these businesses risking their livelihoods for you are very low indeed.

When it comes to drinking and driving, my firm knows that many people caught by the police are surprised to discover that that they are being charged for DWI, thinking instead that they could not have been legally drunk at the time of the police stop. And while our job as New Jersey drunken driving defense attorneys is to challenge the prosecution’s evidence, there are times when the state does have a case and the driver will likely face stiff penalties.

It seems that some people don’t always consider their well-being or that of others around them when they get behind the wheel of a motor vehicle after having more than enough to drink. As experienced trial attorneys, my colleagues and I have the skills and training to help accused motorists fight the charges and perhaps have penalties or jail time reduced. Going it alone in a New Jersey DWI and drug DUI case is a risky proposition, which is why we recommend consulting with a qualified legal expert in drunk driving law.
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September 5, 2013

Jersey DWI-DUI Police Blotter: Salem County Police Arrest Drivers on Drunken Driving, Drug Possession Charges

by Jonathan F. Marshall

For the average motorist, being stopped by a police officer for impaired driving may not be that one expects to happen, but receiving a summons for drunken driving, drug DUI or even breath test refusal can be a serious situation, especially for someone who has limited means or cannot afford to give up his or her driving privileges for even a short duration. Relying on a qualified drunken driving defense attorney can often be a necessity when facing the many times harsh consequences of a first-time DWI conviction.

Here in the Garden State, drunken driving arrests during the summer months can be much more common than many drivers imagine. But even as we ease into fall, end of summer events with coworkers, family members and close friends can open a person up to the potential for a DWI-DUI arrest. Every week, it is possible to read about any number of drug- and alcohol-related traffic stops published by local and state news outlets.

Monmouth, Bergen, Ocean and Atlantic County are just a few of the areas where police enforcement of traffic laws and anti-drinking and driving statutes happen regularly. As professional drunken driving defense lawyers, my legal staff and I have seen our share of courtroom scenarios where auto accidents, drunk drivers, drug arrests and other civil and criminal cases play out; as such, we are no strangers to defending drivers accused of drug DUIs and alcohol-related traffic offenses.
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September 3, 2013

Statistics Point Driver Inattention and DWI as Significant Causes of Fatal New Jersey Traffic Collisions

by Jonathan F. Marshall

As anyone who has driven in the Garden State understands, our roadways are crowded and filled with accident risks and other dangers. The range of potential causes for traffic collisions could be described as only limited to one’s imagination in a state as diverse and densely populated as ours. That said, we recognize that certain activities or driving behaviors are more likely to result in a serious motor vehicle wreck than others. Drinking and driving is undeniably one of those risky activities that everyone is concerned about.

While my colleagues and I are trained legal professional, skilled in the techniques of defending individuals accused of offenses both criminal and civil, we do not espouse getting behind the wheel of an automobile, commercial truck or other motor vehicle while impaired by drugs or alcohol. As motorists ourselves, we value the ever-increasing improvements in passenger vehicle and roadway safety.

When it comes to being charged with DWI, our firm is ready to assist individuals accused of intoxicated driving. We look at all the facts and argue our clients’ cases based on the law and legal statutes of the State of New Jersey and the Constitution of the United States. But facts are facts, as we are aware in our roles as drunken driving defense lawyers; alcohol- and drug-related traffic accidents are surely a fair percentage of the fatal car, truck and motorcycle collisions that occur on a regular basis here in New Jersey and elsewhere.
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September 1, 2013

Charged with a New Jersey DWI-DUI? A Valid Traffic Stop is Just One Aspect

by Jonathan F. Marshall

Quite often when speaking to potential clients, I and the trial attorneys on my legal team are asked how a motorist could possibly fight a drunk driving charge when the police have evidence, such as a breathalyzer test or a seized open container of alcohol, to show the court. Before getting too far ahead of themselves we usually remind these individuals that there are several important aspects to a DWI defense.

As New Jersey drunken driving lawyers, my firm has decades of collective experience protecting the rights of motorists from all walks of life as they face charges of driving while intoxicated by alcohol or operating a motor vehicle while impaired by prescription drugs. One of the more important facts that must be established before a DWI-DUI case can go forward is whether or not the initial traffic stop was performed in the proper manner.

When it comes to defending someone accused of driving under the influence of alcohol or drugs, the question of whether the traffic stop, which usually comes prior to a DWI or drug DUI arrest, was valid to begin with. If it was, then there must be evidence of intoxication from alcohol, cocaine, marijuana or prescribed meds. If the traffic stop was not based on an observed traffic offense or other action that would give an officer the right to pull the motorist over, then it is likely that a skilled attorney can use this fact to his client’s advantage.
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August 31, 2013

Considering Drunk Driving Charges Based on Breath Samples vs. Blood Samples

by Jonathan F. Marshall

When looking at the process of charging a motorist with operating a vehicle while under the influence of alcohol, establishing proof of intoxication is a primary concern for the arresting officer as well as the local prosecutor who will eventually try the DWI case. There is no question of whether or not driving while intoxicated is a serious offense; it certainly carries severe penalties entailing stiff monetary fines as well as suspension of one’s driver’s license and potential jail time.

As New Jersey DWI-DUI defense attorneys, I and my colleagues know that just because a driver is stopped and charged with a drunken driving offense, it does not necessarily mean that there is no recourse for that individual. The law provides everyone an opportunity to defend himself in a court of law, and lawyers such as those at my firm are ready to represent people accused of DWI or drug DUI against accusations of impaired motor vehicle operation.

Currently, the state of New Jersey typically uses the Alcotest 7110 breath testing device, which has been ruled a legitimate piece of equipment for determining the blood-alcohol content (BAC) of a suspect via a breath sample. Manufactured by Draeger Industries and initially put into service in 2003, the Alcotest machine conducts two separate internal BAC tests; one that uses infrared radiation and another that employs and electrochemical process.
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August 30, 2013

Debate Continues: Alcotest Machine Under Fire for Alleged BAC Measuring Inaccuracies

by Jonathan F. Marshall

Anyone who has followed the course of anti-drunk driving enforcement will likely understand that there are two primary methods used by police to determine a suspect’s blood-alcohol concentration or “BAC.” The measurement of the amount of alcohol in the blood by volume has long been a primary tool for police agencies when attempting to determine if a motorist is legally intoxicated.

Here in the Garden State, breathalyzer machines have been used for decades as a way to determine BAC by sampling the breath of an individual to discern the percentage of alcohol in a person’s bloodstream. This has allowed police and state prosecutors to more or less quantify a driver’s “drunkenness” as a means to convict the accused DWI defendant in a court of law.

As New Jersey drunk driving defense attorneys, the legal staff at the Law Offices of Jonathan F. Marshall have the necessary background in New Jersey DWI-DUI law, as well as trial experience, to provide valuable legal representation to clients who have been charged with operating a motor vehicle while under the influence of beer, wine, hard liquor or other alcohol-based beverage. We also are skilled in defending those drivers accused of impaired driving due to use of doctor-prescribed medications or even illicit drugs, such as marijuana or cocaine.
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