Holmdel NJ Drunk Driving (DWI) Charges Dismissed

Our law firm recently represented a client charged with driving while intoxicated (DWI) in Holmdel, New Jersey. My client was leaving a Brad Paisley concert at the PNC Bank Arts Center when she was stopped at a "seatbelt" check by a law enforcement officer. She was arrested for drunk driving and blew a .09% BAC on the Alcotest machine.

In reviewing the discovery evidence and the police report, it became clear that the probable cause for the stop was not sound. DWI checkpoints are constitutional in New Jersey if certain requirements are met. The controlling case in New Jersey is State v. Moskal, 246 N.J. Super 12 (1991) which details how the required procedures must operate if the roadblock is to be valid. In Moskal, the court concluded that a sobriety checkpoint (i.e. a roadblock) is valid provided the location of the checkpoint is appropriate based on historical arrest rates at the location, public safety and awareness would be foster by the checkpoint, there is participation in command and supervision, and notice of the checkpoint is published to provide motorist with notice.

In this case, the police were conducting a DWI checkpoint without the proper protocols being met. They did not publicize the check point or have the proper command and supervision at the location. Instead, they called the stop a "seat belt" check but they were stopping every vehicle, not only those vehicles in which the driver was not wearing a seat belt.

Based on this invalid DWI check point, the entire case against our client was dismissed.

Little Silver Marijuana Charges Dismissed

Our law firm recently represented a client charged with possession of marijuana in Little Silver, New Jersey. The client was stopped for an alleged traffic violation for maintenance of lamps. The police officer pulled over our client for his third brake light being out, the brake light that sits in the center of the back of the vehicle in the back window. This alleged traffic violation was the probable cause for the traffic stop which led to the marijuana being found. The officer cited our client for a violation of N.J.S. 39:3-66, maintenance of lamps. This statute states that all required lamps be kept in good working order. This statute must be read in conjunction with N.J.S. 39:3-61 which details which lamps are required on a particular vehicle. According to N.J.S. 39:3-61, a vehicle must only have two working brake lights, located on the rear right and left of the vehicle. As a result, the third brake light being out is not a violation of N.J.S. 39:3-66 and the probable cause for the original traffic stop was not sound.

Based on this issue, our firm filed a motion to suppress the illegally seized evidence based on the lack of probable cause for the traffic stop. This motion was granted and the criminal and traffic charges, including possession of marijuana, were dismissed against our client.

Don't Let Summer Fun Result in a Criminal Record

Now that the summer months are here everyone is making their way down to the Jersey Shore. One of the main pastimes in the summer is partying. Along with partying comes drinking. Along with drinking comes violence, property crimes, traffic violations and other bad decisions. Don’t let your summer and life be ruined by a bad decision made during your summer at the shore. Let the Law Offices of Jonathan F. Marshall help you in defending your case against your bad summer decisions. Call today for your free consultation at 732-450-8300.

Many people don’t realize how their interactions with the police can affect their future. You may think that your summer arrest is just a heavy fine you have to pay from your pocket, but in reality many times it results in a permanent record which can affect your future in educational opportunities, and job opportunities. In today’s economy many employers do background checks and anything on your record can disqualify you for a position.

The biggest offenses people face in the summer are DUI and DWI offenses. Driving under the influence of any illegal substance is against the law, this includes marijuana and narcotic pain killers. Driving with a Blood Alcohol Content (BAC) of .08% or higher is also illegal. It is even illegal to carry 10 or more pills of any prescription drug if it is not in its proper prescription bottle, even if it is your own prescription from your doctor. Driving under the influence of either drugs or alcohol are very serious offenses and they can lead to jail time, fines and the suspension or loss of your license. At the Law Offices of Jonathan Marshall we are very experienced in defending clients against DUI and DWI charges. There are many different ways to help your case and every situation is different so call our office today for your free consultation.

A big part of summer fun is the clubs and bars people attend. You may be at the shore with your friends and everyone is 21 but you. What do you do? Get a fake ID from a friend and use it to get past the bouncers and enjoy some illegal drinks. Using a fake ID is a serious offense. It amounts to the charge of tampering with public records. In a time where the fear on terrorism is high, law enforcement takes these offenses very seriously. There is especially stricter enforcement in the summer. You may think by using an ID from another State you are in the clear because the bouncers won’t know the difference, but in reality they check those ID’s with more scrutiny. You may get lucky and the bouncer will just take your ID and ban you from entry, but more times than not an arrest will ensue. Using a fake ID can lead to the loss of your license (either now, or if you do not have it - when you get it) and even jail time, along with a mark on your permanent record.

Another thing people don’t realize is that those summer parties you have at your shore house can lead to the neighbors calling the police. The police may come and issue noise violations which can cause hefty fines. The officers may even begin talking to your guests and checking ID’s. It is important to remember that offering alcohol to any underage person is a criminal offense so be careful who you allow to party with you and don’t let their fake ID’s fool you.

One of the main offenses people face in the summer is the disorderly persons offense of criminal mischief. This is also known as disturbing the peace and can include things like being belligerent in public , damaging any form of property (including your rental home), disorderly conduct and maintaining a nuisance. In an episode of the Jersey Shore, Snooki was arrested for public drunkenness and then resisted arrest. Although reality shows are not always real, these are real and serious offenses that will leave a permanent mark on your record. Resisting arrest can amount to a crime in the fourth degree. Sometimes when you are under the influence you do not have your mind right to make good decisions. It is important that you get assistance in defending yourself against these types of charges.

Lewdness is also a popular summertime offense. Lewdness is any type of conduct that can be seen by someone else as offensive. This includes things such as public urination, “mooning” friends or strangers, “flashing” (revealing private body parts to a non-consenting person), public masturbation or touching oneself in an inappropriate way. These things may seem funny to you and your friends when you are under the influence, but they can have a strong negative impact on your future when you are arrested for it!

At the Law Offices of Jonathan F. Marshall, our defense team is made up of former prosecutors from around the state. This enhances our experience and success defending clients against criminal charges. Our defense team can work with the prosecutors and judges to get your charges downgraded. A violation of a municipal ordinance will amount to only a fine and no permanent record. Our defense team can even work to get your charges dropped completely. Do not face your charges alone and get a permanent criminal record that you could have prevented all because you had too much fun one summer at the shore. Call our offices today for your free consultation at 732-450-8300.

 

 

Underage Drinking Charges in New Jersey: N.J.S. 2C:33-15

The summer is here. School is out. You have so much free time! Graduation parties to attend every weekend. Barbecues all summer long. Liquor is everywhere, you aren’t 21 yet but it is so tempting, everyone else is doing it. You have a few beers, a few cocktails, the party is over and you feel okay to drive. Just a mile before you get home you are stopped by a police officer. He makes you recite the alphabet backwards, follow his finger with your eyes, and before you know it you are blowing into the breathalyzer contraption. Now you are sitting in jail facing drunk driving charges, all because of peer pressure and a good time.

In the State of New Jersey, a Blood Alcohol Content (BAC) of .08% or higher constitutes a DWI offense. However, if you are under the legal drinking age of 21, even a BAC of .08% or less will land you a DWI charge.

If you are under the age of 21, drinking and driving can lead to the loss or suspension of your license for at least 6 months. If you are caught drinking in a car and you do not yet have your license, your license will be suspended for 6 months as soon as you are eligible to receive your license. Even if you are from another state and caught drinking and driving in the State of New Jersey, your driving privileges in the State of New Jersey will be suspended for 6 months. You can even be mandated to participate in alcohol education or treatment programs, community service or pay heavy fines. In New Jersey, a DWI is not a criminal offense so you do not get a jury trial.

§ 2C:33-15. Possession, consumption of alcoholic beverages by persons under legal age; penalty

a. Any person under the legal age to purchase alcoholic beverages who knowingly possesses without legal authority or who knowingly consumes any alcoholic beverage in any school, public conveyance, public place, or place of public assembly, or motor vehicle, is guilty of a disorderly persons offense, and shall be fined not less than $ 500.00.

b. Whenever this offense is committed in a motor vehicle, the court shall, in addition to the sentence authorized for the offense, suspend or postpone for six months the driving privilege of the defendant.

 

Possession or consumption of alcohol, even when not operating a motor vehicle, is illegal in New Jersey if you are under 21 years of age. In some areas of New Jersey it is even illegal to possess or consume alcohol under the age of 21 if you are on PRIVATE property. So even if you are in someone’s backyard for their barbecue, if they live in one of these areas you can still be charged with this offense. A charge of a disorderly persons offense goes on your permanent criminal record and can affect your future education and employment opportunities. In today’s economy many schools and employers do criminal background checks and any offense can disqualify you for acceptance to a college or university or an employment position.

Don’t face these charges alone. At the Law Offices of Jonathan F. Marshall, our criminal defense team attorneys handle thousands of DWI and underage alcohol related charges. With their prosecution backgrounds, our attorneys know the best techniques to defend clients against these charges. Our attorneys can work with the prosecutors and judges to get your charges downgraded or even dropped completely. Every situation is unique and you may have different downgrades available. If you or someone you know is facing underage drinking charges call our office today for your free consultation 732-450-8300.

 

Wall Township Drunk Driving (DWI) Charge Dismissed

My law firm recently represented a client charged with a driving while intoxicated (DWI) offense in Wall Township, New Jersey in Monmouth County. Specifically, William Proetta, one of the members of our criminal trial team, handled the case for the firm.

This was the client's first DWI charge and the breath test readings were .07% Blood Alcohol Content (BAC). Although this is not a "per se" violation of the statute because the legal limit in New Jersey is .08%, the State can still prove a DWI charge using the psycho-physical tests. These are the field sobriety tests performed by law enforcement officers at the scene of the drunk driving stop.

A first offense DWI charge in New Jersey has the following penalties with a breath reading of .07%:

  • Three (3) months driver's license suspension
  • Fine: $250.00 to $400.00
  • Up to thirty (30) days in jail at the discretion of the court
  • Between twelve (12) and forty-eight (48) hours in the Intoxicated Driver Resource Center (IDRC)
  • New Jersey DMV Surcharge: $1,000.00 per year for three years
  • Mandatory fines and penalties

In this case, we were able to isolate significant problems with the breath testing device including problems with the standard solution and the solution change on the Alcotest 7110 breath testing machine. Further, the State was unable to prove the drunk driving charge based on the field sobriety tests. As a result, our attorneys were able to convince the State that they could not prove the driving while intoxicated (DWI) charge and the case was dismissed. This was a great result for our client and the firm.


Clark NJ Municipal Court Information: Driving with a Suspended License

The criminal defense attorneys at my firm frequently appear in Clark Municipal Court in Clark, New Jersey. With offices conveniently located in Cranford and Morristown, our firm represents clients throughout New Jersey, including Union County and Morris County. The Clark Municipal Court is located at 315 Westfield Avenue, Clark, NJ 07066-1797. The main telephone number for the court is (732)381-5395. The fax number for the court is (732)381-9630. The court personnel is as follows:

  • Judge: Antonio Inacio, J.M.C.
  • Prosecutor: Jon-Henry Barr, esq.
  • Court Administrator: Lorraine Disko
  • Clark Police Department: (732)388-3434

The court schedule is the second and fourth Wednesdays of the month, 9 a.m.

One traffic offense our attorneys often handle is driving with a suspended license in violation of N.J.S.A. 39:3-40. The statute provides:

§ 39:3-40. Penalties for driving while license suspended, etc

No person to whom a driver's license has been refused or whose driver's license or reciprocity privilege has been suspended or revoked, or who has been prohibited from obtaining a driver's license, shall personally operate a motor vehicle during the period of refusal, suspension, revocation, or prohibition.

No person whose motor vehicle registration has been revoked shall operate or permit the operation of such motor vehicle during the period of such revocation.

Except as provided in subsections i. and j. of this section, a person violating this section shall be subject to the following penalties:

a. Upon conviction for a first offense, a fine of $ 500.00 and, if that offense involves the operation of a motor vehicle during a period when the violator's driver's license is suspended for a violation of NJSA 39:4-50 or section 2 of P.L.1981, c.512 (NJSA 39:4-50.4a), revocation of the violator's motor vehicle registration privilege in accordance with the provisions of sections 2 through 6 of P.L.1995, c.286;

b. Upon conviction for a second offense, a fine of $ 750.00, imprisonment in the county jail for at least one but not more than five days and, if the second offense involves the operation of a motor vehicle during a period when the violator's driver's license is suspended and that second offense occurs within five years of a conviction for that same offense, revocation of the violator's motor vehicle registration privilege in accordance with the provisions of sections 2 through 6 of P.L.1995, c.286;

c. Upon conviction for a third offense or subsequent offense, a fine of $ 1,000.00 and imprisonment in the county jail for 10 days. If the third or a subsequent offense involves the operation of a motor vehicle during a period when the violator's driver's license is suspended and the third or subsequent offense occurs within five years of a conviction for the same offense, revocation of the violator's motor vehicle registration privilege in accordance with the provisions of sections 2 through 6 of P.L.1995, c.286;

d. Upon conviction, the court shall impose or extend a period of suspension not to exceed six months;

e. Upon conviction, the court shall impose a period of imprisonment for not less than 45 days or more than 180 days, if while operating a vehicle in violation of this section a person is involved in an accident resulting in bodily injury to another person;

Elizabeth NJ Driving While Intoxicated (DWI) charge dismissed

Our law firm recently represented a client who was charged with his third driving while intoxicated (DWI) charge in Elizabeth, New Jersey. He was also charged with driving with a suspended license in violation of N.J.S.A. 39:3-40. A third drunk driving conviction in New Jersey results in a ten (10) year license suspension and six (6) months in the county jail (ninety (90) days of which can be served at an approved in-patient rehabilitation facility). Moreover, the client had multiple prior driving while suspended charges on his record and was facing an additional 1-2 year license suspension and an additional 20-100 days in the county jail based on the driving while suspended charge.

Several reputable union county criminal lawyers declined to take the defendant's case because "there was nothing they could do" to help him and keep the defendant out of jail. As you can see, the defendant was exposed to more than eleven (11) years in driver's license suspensions and mandatory seven (7) months to (1) year in jail based on these charges. Our firm was hired to represent the defendant against these charges in Elizabeth Municipal Court. Two members of my criminal trial team, Colin Bonus and Travis Tormey, appeared several times in attacking the State's case from several angles. The breath test readings were suppressed based on a Motion to Suppress evidence as there was a 20-minute issue as to the observation of the defendant prior to submitting his breath sample on the Alcotest machine. Moroever, the foundational documents provided by the State associated with the breath testing device were flawed and were not in accordance with State v. Chun. As a result, and because the State could not prove the drunk driving charge on the physical observations, as no field sobriety testing had been done, the driving while intoxicated (DWI) charge was dismissed. Further, my firm worked out a downgrade of the other charges so that the client did not lose his license at all and avoided any jail time. As you can imagine, this was a tremendous result for the client and the firm.

This case is an example of the type of defenses which are available in drunk driving cases in New Jersey if the right attorneys are involved. Our criminal defense trial team will examine the facts of your case, review the discovery package provided by the State, consult with experts and obtain an expert report if necessary, and take the case to trial if the circumstances warrant. Please contact any of my offices anytime for a free initial consultation at (732)450-8300.

Providing Alcohol to Minors: N.J.S. 2C:33-17

Providing alcohol to minors is a criminal offense in New Jersey under N.J.S. 2C:33-17. This is known as a disorderly persons offense which includes up to six (6) months in the county jail, up to a $1,000.00 fine, and a permanent criminal charge on your record if convicted. This conviction can be expunged off your record after five (5) years in certain circumstances depending on any other criminal history. These charges will be handled in the Municipal Court in the municipality in which the arrest was made. For example, if you are arrested for providing alcohol to minors in Sea Bright, New Jersey, this matter will be handled in the Sea Bright Municipal Court. The statute governing charges for providing alcohol to minors states in pertinent part:

§ 2C:33-17. Availability of alcoholic beverages to underaged, offenses

a. Anyone who purposely or knowingly offers or serves or makes available an alcoholic beverage to a person under the legal age for consuming alcoholic beverages or entices or encourages that person to drink an alcoholic beverage is a disorderly person.

This subsection shall not apply to a parent or guardian of the person under legal age for consuming alcoholic beverages if the parent or guardian is of the legal age to consume alcoholic beverages or to a religious observance, ceremony or rite. This subsection shall also not apply to any person in his home who is of the legal age to consume alcoholic beverages who offers or serves or makes available an alcoholic beverage to a person under the legal age for consuming alcoholic beverages or entices that person to drink an alcoholic beverage in the presence of and with the permission of the parent or guardian of the person under the legal age for consuming alcoholic beverages if the parent or guardian is of the legal age to consume alcoholic beverages.

b. A person who makes real property owned, leased or managed by him available to, or leaves that property in the care of, another person with the purpose that alcoholic beverages will be made available for consumption by, or will be consumed by, persons who are under the legal age for consuming alcoholic beverages is guilty of a disorderly persons offense.

Underage Possession of Alcohol Charges

My firm represents a number of clients charged with underage possession of alcohol in Ocean Township Municipal Court (Monmouth University students), Belmar Municipal Court, Seaside Heights Municipal Court, and Manasquan Municipal Court. These charges can have a significant impact on a young person's future because, if convicted of a violation of N.J.S.A. 2C:33-15, this is a disorderly persons offense which leads to a permanent criminal charge on your record. This type of offense will show up on background checks for future educational and employment opportunities.

N.J.S.A. 2C:33-15 is the criminal statute which governs underage possession of alcohol and provides in pertinent part:

§ 2C:33-15. Possession, consumption of alcoholic beverages by persons under legal age; penalty

a. Any person under the legal age to purchase alcoholic beverages who knowingly possesses without legal authority or who knowingly consumes any alcoholic beverage in any school, public conveyance, public place, or place of public assembly, or motor vehicle, is guilty of a disorderly persons offense, and shall be fined not less than $ 500.00.

b. Whenever this offense is committed in a motor vehicle, the court shall, in addition to the sentence authorized for the offense, suspend or postpone for six months the driving privilege of the defendant.

A seasoned criminal defense attorney can typically negotiate a downgrade or plea bargain of this charge which results in a fine and no criminal record. This is known as a violation of a municipal ordinance. This avoids a permanent criminal charge on your record and protects your future.

Possession of a Fake ID: Belmar Municipal Court

My office handled many cases this summer in Jersey Shore towns including Manasquan, Belmar, and Seaside Heights with clients charged with underage possession of alcohol, underage driving while intoxicated (DWI), and possession of a fake ID.

One typical example is underage individuals who were charged with possession of a Fake ID in Belmar Municipal Court after attempting to get into a bar or a liquor store with false identification. This is a criminal offense in New Jersey and leads to a permanent criminal charge on your record if convicted. However, our experienced criminal defense lawyers were extremely successful in negotiating a downgrade of this criminal offense to a violation of a municipal ordinance. This results in a fine ($1,250.00 in Belmar Municipal Court) and no criminal charge on your record. The prosecutor will consider your background (any prior criminal history), your age, the circumstances of your arrest (if you were cooperative with law enforcement), and the evidence that the State possesses to prove the charges against you.

If you plead guilty to possession of a fake ID, this is a disorderly persons offense and includes up to six (6) months in the county jail. Moreover, this will lead to a criminal charge on your record which will show up on background checks for future educational and employment opportunities. Obviously for a young person, this can have a significant negative impact on your future. However, you can file for an expungement of this criminal charge five (5) years from the date of your conviction. If you plead guilty to a downgraded violation of a municipal ordinance, you can file for an expungement two (2) years after the violation. If the charges are dismissed entirely, you can file for an expungement immediately to have the arrest removed from your record.