Sea Bright DWI Roadblock and/or Checkpoint

Posted on August 13, 2009 by Tom Martin

SEA BRIGHT — A joint task force made up of members from the Monmouth County DWI Task Force and Sea Bright Police Department will conduct a roadblock this weekend to detect drivers under the influence of alcohol and/or drugs. If arrested for driving while intoxicated, you can be charged with N.J.S.A. 39:4-50 (DWI), N.J.S.A. 2C:35-10 (possession of a cds) and/or N.J.S.A. 39:4-49.1 (possession of cds by the operator of a motor vehicle).

 
The roadblock will run between 11:00 p.m. Saturday evening and run through 3:00 a.m. Sunday on Route 36. The members will direct vehicles from the northbound lanes into the Peninsula House parking lot to determine drivers' sobriety. The reason the Police post the whereabouts of these DWI stops is because the police are required to follow a strict protocol or the charges can be dismissed against the defendant.
 
By: Thomas H. Martin, Esq.
www.jerseycriminallawyer.com 
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Refusal To Submit To Breath Test Case Heard By Supreme Court

Posted on January 25, 2009 by Tom Martin

In addressing DWI and refusal issues, the New Jersey Supreme Court has rendered an opinion in the case of State v. Spell. The battle being fought between the defense and the State in Spell was whether or not law enforcement had to read the last paragraph of the required refusal form (referred to as the second paragraph) in every DWI case. The Appellate Division, in Spell held that this measure was always mandatory even when an accused unequivocally refused to submit to the Aloctest. The Supreme Court disagreed and reversed the Appellate Division, opining that the second and final warning need not be read where an accused "either conditionally consents or ambiguously declines to provide a breath sample."

Having argued that a client's refusal charge  be dismised because the client's actions were ambiguous or equivocal and that he should have been read the second paragraph as a precatory warrning, I find this decision troubling. Many cases will continue to be litigated on the issue of whether the second paragraph should have been read. Had the Court made the reading of the second paragraph mandatory, upon police in DWI cases, then the litrigation on this specific issue would be moot. 
 

By: Thomas Martin, Esq. Thomas is a DWI and Criminal Lawyer who can be found at  www.jerseycriminallawyer.com

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New Year's Eve DWI Check Point

Posted on December 31, 2008 by Tom Martin

12/31/08--The associated press is reporting that New Jersey police departments will be searching for drunk drivers tonight. In an effort to arrest people for DWI, codified as N.J.S.A. 39:4-50, certain towns have been awarded grants to step up their DWI patrols. Specifically, 92 communities have received $5,000 grants from the state's "Over the Limit, Under-Arrest" campaign.

People arrested in NJ for DWI (driving while intoxicated), depending on prior convictions, can be subject to mandatory jail time, signifcant loss of their driving privileges and expensive fines. There are also numerous other consequences; including, but not limited to community service.

It is reported that last year, the state's "Over the Limit, Under Arrest" camapign resulted in over 2,000 drunken driving arrests. As an alternative to driving, mass transit lines across New Jersey will have extra service late Wednesday and early Thursday. A review of the Asbury Park Press web page failed to reveal any other DWI checkpoints.
 

In the event you have been arrested for DWI, you should contact an attorney who practices in the handling of this specialized area of the law.

By: Thomas H. Martin, Esq.

www.jerseycriminallawyer.com

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Daughter's Tip Leads To DWI (N.J.S.A. 39:4-50) For Father

Posted on December 26, 2008 by Tom Martin

On December 22, 2008, the Supreme Court rendered a decision in State v. Amelio. In this DWI case, the issue was whether the police had a reasonable basis to stop a drunk driver, based upon his daughter's telephone call to a police dispatcher. The Justices ruled that the phone call to police from the driver's (juvenile) daughter, reporting that her father was driving drunk, constituted adequate justification for the police to stop the defendant/father for suspicion of driving while intoxicated. The Justices reasoned that the daughter's tip was not anonymous in nature, but rather from a known family member who risked prosecution for making a false report in the event she was lying. The justices gave no weight to the defense's arguments that the daughter was a juvenile and only provided limited information that her father was driving drunk. The Court held, that the tip gave the police a reasonable suspicion to stop the defendant’s car.

By: Thomas H. Martin, Esq.

http://jerseycriminallawyer.com/

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The Costly Mistakes People Make After Being Charged For DWI

Posted on July 31, 2008 by Tom Martin

Being arrested for DWI or Refusal is a traumatic circumstance and can result in huge fines, license loss or suspension, jail and high insurance rates. DWI's are tough cases from a defense perspective. To give yourself a fighter's chance, you need to hire an attorney who handles DWI and criminal cases regularly.

1. Not giving the matter the serious attention it deserves or believing you can't win. If you are convicted for DWI or Refusal, this charge will remain on your driving history forever and could cost you from being hired in potential job fields. The motor vehicle surcharges and insurance increases alone will cost you thousands of dollars.

2. Not hiring a DWI or Criminal Attorney. Everyone has some cousin, friend, or friend of a friend who is an attorney who does real estate closings, divorces or bankruptcy law. The mistake comes into play when you hire an attorney who does not handle DWI cases on a regular basis. The case law and statutes are complex and you need competent representation by an attorney in this particular discipline. 

3. Retaining a Lawyer based solely on the lower cost of the fee. The municipal prosecutor and police have alot of resources when it comes to trying to convict you of DWI. A person needs to retain a lawyer and pay an amount which will allow the lawyer to put the resources and time into your defense. If you shop for too low of a fee, your attorney will likely not be able to afford the time necessary to defend you and may simply be contemplating pleading you guilty from the "get go."

4. Not requesting a copy of the discovery (police reports, certificates and other evidence) from your attorney or hiring an attorney who fails to supply you with a copy of the discovery. A client should always review the discovery to help assist his or her attorney in the defense.

5. Driving after your license has been suspended for DWI. If you are caught driving on the suspended list for DWI, you face an additional one to two year loss of your driver's license and 10 to 90 days in jail. If there is a car accident, regardless of fault, it can be an extra 45 to 180 days in jail. If there is personal injury you may receive State prison time. These penalties are in addition to the time you will serve in jail for driving while suspended.

6. Not hiring an attorney who is versed with respect to your constitutional rights. For instance, if your attorney is incapable of identifying that the police lacked a reasonable suspicion to stop your car or have probable cause to arrest you, then you have been done a disservice.

7. Hiring an attorney who takes the prosecutor's first offer. It is rare for a case to be dismissed or reduced to a non DWI offense at the initial appearance. Without retaining a defense expert or without filing motions, the prosecutor is unlikely to concede a favorable deal on the first appearance.

8. Forget or fail to appear in Court. When this happens, the Court will issue a bench warrant for your arrest and revoke any bail or bond you posted.

9. Talking to someone about your case other than the lawyer you hired. Anything you say to a cop or any person can be used against you. Additionally, talking to a non-lawyer about your case will only lead you to make baseless and erroneous asumptions about the strengths and weaknesses in your case.

10. Representing yourself in Court. The old maxim that "the person who represents himself has a fool for a client" still rings true. You need to have a DWi or Criminal Attorney go to Court with you.
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