New Jersey DWI Lawyer Blog

August 14, 2013

Ocean County DWI News: New Jersey Police Focus on Drunk Drivers in Coming Weeks

It is not uncommon for the New Jersey State Police, as well as local and municipal police departments, to carry out some rather heavy anti-drunk driving mobile patrols at various times during the year. If you are from New Jersey or find yourself driving through the Garden State on a fairly regular basis, you likely have noticed this kind of DWI enforcement presence from time to time.

As New Jersey drunken driving defense attorneys, we are in a position to provide legal services to those motorists who have been accused of operating their car, truck or motorcycle in violation of state laws pertaining to driving while intoxicated or operating a motor vehicle while under the influence of a controlled dangerous substance (CDS). Fortunately, here in the Garden State, DWI offenses have yet to be criminalized.
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August 12, 2013

NJ Drunk Driving Police Blotter: Monmouth County Cops Rack Up More DWI-DUI Arrests

by Jonathan F. Marshall

As New Jersey DWI defense attorneys, we can safely say that not every traffic stop by a state trooper or municipal patrolman will end up with an arrest or serious charges. That said, with a strong focus on curbing drunk driving across the Garden State, there are certainly a portion of those monthly police stops that do indeed result in an arrest or at least a summons to appear in court to answer for a charge of driving under the influence of alcohol or impaired operation of a motor vehicle due to prescription drugs or even illicit substances like marijuana or cocaine.

In many of those DWI and drug DUI cases, as I and my staff of experienced trial lawyers understand very well, motorists are taken into custody and charged with one or more offenses pertaining to intoxicated driving. In such instances, even the most simple of driving mistakes can be a trigger for a DWI arrest. As motorists ourselves, it is easy to see how even the most law-abiding person might make an occasional improper turn or mistakenly change lanes without signaling.

Although the frequency of drunken driving arrests fluctuate from week to week, there always seem to be more than enough opportunity for a driver, who may only have had one or two drinks prior to getting behind the wheel, to be stopped for a minor infraction. Whether one is legally drunk or not, the mere appearance of being “not quite with it” or acting a little intoxicated during a traffic stop could cause a police officer to decide to make a DWI-related arrest.
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August 10, 2013

Drunk Driving Arrest Gets New Jersey Motorist in Even More Legal Hot Water

by Jonathan F. Marshall

You might think that you are done with the past, but it is often the case that the past is never quite done with you. For Garden State drivers who are stopped by either a New Jersey State Police trooper or a local police officer, there is more than a grain of truth in this simple statement. As New Jersey drunken driving defense attorneys representing motorists arrested in Monmouth, Passaic, Bergen and other counties around the state, we know how a simple traffic stop can escalate into a DWI arrest or something worse.

“Worse,” of course, is a relative term; but as experienced trial lawyers we understand that defending against a drunk driving or drug DUI charge can sometimes entail other aspects altogether. Take, for instance, the story of a Somerset, NJ, woman who was pulled over ostensibly for a typical traffic infraction, yet ended up in deep trouble with the law not so much for allegedly driving under the influence of alcohol, but for possible identity theft 20 years prior.

According to news reports, 37-year-old Rocio Reyes-Chavez was stopped by Plainsboro police earlier this year when officers apparently observed the driver violating one or more local traffic laws. Once pulled over, the driver allegedly handed the officer in charge a driver’s license obtained following the theft of a Florida resident’s identity sometime in the early 1990s. At the time of the drunk driving stop, it was apparently not obvious to police that the woman was living under an assumed name.
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August 8, 2013

Essex County Drunken Driving News: Summer Still the “High Time” for DWI and Drug DUI Arrests

by Jonathan F. Marshall

As DWI attorneys representing New Jersey motorists and other individuals charged with one of many drunk driving or drug DUI offenses, my legal team has decades of collective courtroom experience defending drivers accused of driving a car, truck or motorcycle while under the influence of alcohol or a controlled dangerous substance (CDS).

Although we defend people who have been hit with a drunken or impaired driving summons, as motorists ourselves we are generally happy to know that state and local law enforcement officers work hard each day to maintain safety on Garden State roadways. However, though we commend the hard work of the law enforcement community for keeping our cities, towns and local communities safe from criminals and other more dangerous individuals, we do reserve the right to challenge the actions of some police officers and state troopers.

As a former municipal prosecuting attorney myself, I understand the extreme pressure that policemen find themselves under from one day to the next. So we are never truly surprised when we see, from time to time, the results of unjustified or groundless drunken driving arrests. From our extensive experience, I and my experienced team of DWI-DUI defense lawyers understand that a certain percentage of drunk driving arrests do not result in a DWI conviction. That’s a fact.
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August 7, 2013

Union County Police Blotter: Intoxicated Drivers and Drug DUI Offenders Arrested

by Jonathan F. Marshall

Among the more common traffic stops here in the Garden State are those for speeding, improper lane change, faulty vehicle equipment and others. For a fair percentage of those drivers stopped for a relatively minor traffic offense, there are no serious repercussions; however, a segment of the driving public can end their day in some instances with a court summons for drunken driving. As New Jersey DWI defense lawyers, we understand how easy it truly is to find oneself on the wrong end of the law.

It’s no secret that intoxicated driving is a common and year-round problem for many municipalities across the Garden State. But the incidence of impaired vehicle operation can certainly become more so during the warm-weather months. I and my colleagues recognize this and offer the following news items as examples of the random, yet hardly infrequent kinds of DWI and drug DUI arrests here in New Jersey.

Whether one lives or works in Union County, the circumstances surrounding alcohol-related traffic offenses always seem to be similar, if only because they usually begin with a basic traffic infraction or other driver mistake leading to a police stop. Here are just a few examples:
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August 6, 2013

DWI Police Blotter: Arrests across Monmouth County include Drunken Driving and CDS Possession

by Jonathan F. Marshall

As potentially fallible individuals, few among us can actually state that they are perfect in every respect. As experienced trial attorneys who make it our job to defend individuals accused of civil offenses and criminal acts, the legal staff at my law firm recognizes that many people have occasional shortcomings that sometimes result in a well-intentioned individual being arrested for a traffic offense such as DWI or drug DUI. It’s just part of human nature to make mistakes, and we fully understand this.

Fortunately, our society is based on laws and we have courts and judges to decide if a person is guilty or innocent of any particular crime or infraction of which he or she has been accused. Once a verdict is rendered, penalties for a convicted person are meted out. In the case of DWI-DUI, defendants who are found guilty of operating a motor vehicle while under the influence of alcohol or drugs can find the monetary costs to be rather expensive.

For economic reasons alone, it would seem to be in most people’s best interests to choose a qualified drunk driving defense lawyer to represent them. For our part, we usually recommend that anyone accused of drunk driving, breath test refusal or any of a myriad of DWI and DUI-related offenses, consider retaining an experienced legal professional. At the very least, it is wise to consult a trial attorney who is skilled in DWI law.
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August 4, 2013

Beware the Defective Equipment Traffic Stop: Saving a Few Dollars Now Could Cost Thousands Later On

by Jonathan F. Marshall

How many times have you seen a driver ahead of you in traffic with a burned-out taillight? While it may seem insignificant to some, a simple $10 light bulb could cause big trouble down the road. Never mind the accident potential of a non-working brake lamp or a faulty turn signal, just consider the cost of a defective equipment ticket. Oh, you say, a couple hundred bucks or so, I’m too busy. And, really, what are the odds? Well, in our experience, the odds are pretty good that something may happen before that bulb gets replaced.

But what if a driver, who happens to have avoided fixing that turn signal or brake light bulb, finds out the hard way that he just maybe had a little too much to drink with his buddies at the bar? That burned-out bulb is now one big red flag for a municipal patrolman or state trooper. Unfortunately, by the time this scenario plays out, the cost of that little bulb may have gone up quite a bit depending on the circumstances. In any case, it’s safe to that driver will be into the state for more than the $10 or $20 it would have cost to fix that light in the first place.

As New Jersey drunken driving defense attorneys, we understand that human nature can get in the way of doing the right thing from time to time. We’ve represented numerous drivers over the years who may have indulged themselves a bit too much when they should have eased off. It’s difficult to know exactly how much alcohol is in one’s bloodstream or whether a person has consumed enough food at lunch or dinner offset the wine he or she drank.
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August 2, 2013

Drug DUI News: Marijuana-related DUI Legislation Passes into Law in Colorado

by Jonathan F. Marshall

Driving while under the influence of marijuana in the Garden State is actually covered under the same statutes as the state’s alcohol-related DWI laws. While marijuana is the most common variety of “illegal” drug when it comes to a drug DUI charge, many motorists every year are accused of impaired operation of a motor vehicle because of cocaine, meth, heroin and other illicit substances, sometimes referred to as controlled dangerous substances or CDS.

As New Jersey drunk driving defense attorneys, a portion of our work is representing individuals who have been stopped by a police officer for what would normally be a routine traffic infraction, yet who end up being arrested and charged with either drug DUI or CDS possession in a motor vehicle. As we mentioned previously, although the law (specifically, N.J.S.A. 39:4-50) has been couched in terms of “driving while intoxicated” from alcohol, the statutes are written so as to include physical intoxication from any and all substance.

In addition to alcohol, the state’s DWI-DUI laws encompass impairment from all manner of CDS including narcotics, hallucinogens or any habit forming drugs. This is why, if a motorist is arrested for operating their vehicle while under the influence of marijuana, they are charged with a violation of the statues listed under 39:4-50. More importantly, however, unlike an alcohol-related DWI case (which usually entails evidence from a breathalyzer device such as the Alcotest machine), a marijuana-related DUI case usually involves scientific evidence in the form of a blood test or urine test.
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July 30, 2013

Garden State DWI Defense Update: Most Anyone Can Be Arrested for Driving Under the Influence

by Jonathan F. Marshall

No matter who you are or what your station in life, few if any people have immunity from a drunken driving arrest in this state. The apparent danger of drinking and driving long ago pushed intoxicated operation of an automobile, truck or motorcycle beyond that of a moving violation to one of the most serious traffic offenses in the Garden State.

As experienced New Jersey DWI defense attorneys and skilled trial lawyers, my legal team understands the law as it specifically applies to drunken driving, as well as the penalties associated with a conviction for drunken driving or operating a motor vehicle while impaired by prescription medication or illegal substances (such as marijuana or cocaine). As knowledgeable DWI attorneys, we also understand how the stigma of a drunken driving arrest and/or conviction can impact a person’s life, both public and private.

Frankly, it’s not that uncommon here in New Jersey to read of a sports hero, entertainer, state official or even a police officer who has been slapped with a DWI or DUI charge while driving his or her vehicle on public roads. From time to time we will run across news stories that detail the events leading up to the arrest and conviction of a well-known personality for drinking and driving or being impaired by drugs.
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July 28, 2013

New Jersey Drunk Driving Police Blotter: Officers in Middlesex and Monmouth County Arrest Drivers for DWI

by Jonathan F. Marshall

Prosecutions of motorists accused of driving while intoxicated can unfold in a number of different ways here in the Garden State. In situations where a driver is charged with operating a motor vehicle under the influence of alcohol usually focus on whether or not the defendant was impaired by beer, wine, hard liquor of some other type of alcoholic beverage. Arrests made on the basis of having a blood-alcohol content (BAC) reading of 0.08 percent or more is typically referred to as a “per se” charge.

As New Jersey drunk driving defense attorneys, I and my legal team understands New Jersey’s DWI-DUI law, which can be unusual in several ways. First off, unlike many other states across the country, New Jersey doesn’t give accused DWI or drug DUI offenders the right to a jury trial. A motorist accused of driving while intoxicated in the Garden State is entitled only to a court trial, where a judge is the sole decider of guilt or innocence. Naturally, there are various advantages and disadvantages to this approach.

One important “advantage” for those defendants who are found guilty by a judge of DWI-DUI in New Jersey is that the guilty party has the right to an appeal, known in legal circles as a “de novo” appeal. In cases where the defendant loses his initial DWI case, the de novo appeal allows the appellant to bring his case before a county-level Superior Court judge, who will review the trial transcripts and listen to arguments from both the motorist’s lawyer and the state’s attorney.
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