New Jersey DWI Lawyer Blog

It sure doesn't sound like drunk driving, but I bet this has happened to you or someone you know. You're driving home a bit tired after working a double shift in Jersey City, or trying to squeeze in that last 50 miles returning from a very full weekend in Atlantic City. Just trying to stay awake long enough to get home, park the car and climb into bed. That's not the same as driving while intoxicated, or is it?

Whether it's a paperwork backlog at work, working the graveyard shift at a second job, or spending a sleepless night tending to a sick child, the result is the same. Operating a vehicle when you've had little or no sleep can be a recipe for disaster. Nodding off on the Garden State Parkway can have a deadly outcome.

And the consequences can be serious, especially here in New Jersey. We live in the only state in the Union that makes drowsy driving a crime when it's found to be the cause of a fatal crash -- classified as recklessness under the state's vehicular homicide statute. And it's not unreasonable that drowsy driving could one day become as serious an offense as DWI.

It may be a long ways off, but legislators and sleep experts across the country are starting to look at drowsy driving as nearly equivalent to drunk driving. Like New Jersey, other states are trying to add drowsy driving laws to their books, spurred by the large number of traffic fatalities caused by drowsy drivers every year.

Drowsy driving is one of the most vexing problems involving traffic safety. According to the National Highway Traffic Safety Administration (NHTSA), it is a factor in more than 100,000 crashes, resulting in 1,550 deaths and 40,000 injuries annually around the country - and that may even be a conservative estimate. Many experts say the nation's progress against drowsy driving is about where the campaign against drunken driving was 30 years ago.

As skilled New Jersey DWI Attorneys, my office has dealt with hundreds of drunk driving and related cases. If you or a family member have been arrested due to an injury accident involving alcohol, prescription drug DUI or drowsy driving, we highly recommend that you contact a qualified defense lawyer like the ones at The Law Offices of John F. Marshall.

 

Wake-up call: Drowsy drivers are serious threat, MyCentralJersey.com, April 14, 2009

 

 

Boonton -- Police charged a 58-year-old Boonton Township, NJ, man with DWI, reckless driving and not having insurance for his vehicle. The allegedly intoxicated man was picked up by police during the late afternoon on Saturday, April 25, and released pending an appearance in court.

Boonton -- A woman from Kinnelon was pulled over by police for drunk driving, as well as reckless driving. The 45-year-old was stopped just after 9 p.m. and subsequently released pending appearance in court at a later date.

Madison -- In what could possibly have been a drug DUI arrest, as 20-year-old Westfield man was arrested on Thursday, April 23, after police responded to a call regarding an occupant of a vehicle snorting drugs on Loveland Street. The vehicle apparently left that location, as the police pulled the vehicle over on Green Village Road, where they arrested the young man after noticing a white powdery substance on the man's lips. According to authorities, the arresting officer found a white tube and the driver admitted that he had been snorting oxycodone. Police arrested and charged the man with possession of drug paraphernalia, and then released him shortly thereafter.

Madison -- A Florham Park man was stopped for driving while intoxicated last Saturday by a Madison, New Jersey, police detective. While leaving a parking lot on Cook Avenue, the suspect made an extremely wide turn into an opposing lane and almost hit the detective's vehicle. The 24-year-old man was pulled over on Kings Road, where he failed a field sobriety test and was arrested for DWI. He was also charged with failure careless driving and failure to keep right. Police reported that the man was later released to a relative.

Sparta - An 18-year-old was charged with under-age possession of marijuana (and possession of less that 50 grams), as well as possession of ecstasy and drug possession in a motor vehicle. A police officer found the man in his vehicle, parked near the Thomas Edison monument on Edison Road. As probable cause for the arrest, the officer reported that he could detect the smell of burned marijuana once he was close to the parked auto.

Wharton - A DWI arrest was made in the early morning hours of April 25, when a 49-year-old woman was observed by police driving her vehicle at a very slow speed along West Central Avenue. Failing to stay right, an officer stopped the suspect on West Dewey Avenue. Before being released pending a court appearance, she was also presented with summonses for several other offenses, including delaying traffic, fraudulent inspection sticker, failure to make repairs and reckless driving.

If you are arrested for, or charged with, driving while intoxicated or drug DUI, you could face monetary fines and even jail time, if convicted. Should you or a family member be issued a summons for DWI, we highly recommend that you engage the services of a New Jersey DWI Attorney. Our professional legal team has the experience to help prepare you for your day in court.

 

Police Blotter, DailyRecord.com, April 28, 2009

Could New Jersey expect an increase in DUI arrests involving marijuana if the drug becomes legal for medicinal use? Nobody can truly know the answer until such a law takes effect. But with the increasing number of medical marijuana bills being proposed and voted into law across the country, one can only assume there will be more opportunity for marijuana DUI arrests.

Neighboring New York State may soon pass legislation -- which would make it the 15th state to legalize medicinal marijuana -- and the New Jersey legislature is on the verge of passing a similar bill. The legislation currently specifies that individuals with painful or debilitating illnesses such as AIDS, cancer, glaucoma and multiple sclerosis will be able to register with the state to use marijuana legally.

Not long ago, New Jersey Attorney General Anne Milgram responded positively to the proposed law, which would allow patients to purchase the drug from a state-approved outlet, or even grow the plants at home. Calling it a "workable" law, Milgram agreed that there are concerns about how to enforce laws to ensure that the drug be used legally and only by patients who qualify.

Legally-registered New Jersey users would have a special photo ID and be allowed to possess up to six marijuana plants, as well as one ounce of usable marijuana. By law, these people would be prohibited from driving while under the influence of the drug, as well as be banned from smoking it in most public places. Proponents of the bill say that these restrictions could be enforced relatively easily, much the same as they are today. Detractors argue that it will be fraught with problems for the law enforcement community.

According to reports, the state attorney general's office has sent recommendations to Governor Jon Corzine, who has indicated that he will sign the bill, regarding various means that the state can use to guard against potential abuses of the impending law.

Those abuses could manifest themselves in many ways, including a rise in traffic offenses -- and subsequent court cases -- involving driving under the influence of marijuana. As a New Jersey Defense Attorney, my team of talented lawyers has vast experience in defending those who have been arrested for drug DUI offenses. If you or a relative have been arrested for DUI, we suggest you seek the assistance of professional counsel to protect your rights.

Assembly should OK medical marijuana, CourierPostOnline.com, April 26, 2009

Approval predicted for medical marijuana, BuffaloNews.com, April 22, 2009

The New Jersey DWI defense bar has been speculating for some time as to what impact digital data would have on cases. I have spoken to numerous attorneys who hold themselves out as DWI experts and have gotten mixed reports as to the anticipated benefit of digital data. I can tell you that I learned first hand this week just how powerful a vehicle this information can be to NJ DWI Defense Attorneys.

We were retained to represent a young man who allegedly provided alcotest readings well above the 0.10 limit for a second-tier DWI. He was a first offender and was looking at seven months to one year of suspension based on the readings. We fought hard to obtain the digital data. The data was provided to our expert and, sure enough, it demonstrated that the alcotest was operating improperly. Specifically, the device was failing to purge for the required two minutes thereby violating the dictates of Chun.

Based on our effort, we were able to get the state to agree to a first-tier DWI and three months suspension. This outcome saved our client at least four months of suspension. He was ecstatic.

A 19-year-old Bayonne man, already up on charges for driving while intoxicated, has now been slapped with two counts of aggravated assault as a result of an accident last Saturday that left two young girls in critical condition, one of them paralyzed perhaps for life. The teen was arraigned Tuesday on DWI and assault charges in Jersey City.

This type of drunk driving tragedy is charged with emotion and considerable sadness, not only for the victims and their families, but also for the relatives of the young suspect. Although it appears that this is the teen's first DWI arrest, the addition of aggravated assault charges makes it all the more important for him to have a qualified legal professional on his side. The attorneys at The Law Offices of John F. Marshall have experience defending cases just like this one.

The events leading up to Tuesday's court appearance transpired, according to police, in the early morning hours of April 18. Witnesses stated that a 1996 Honda Passport allegedly driven by Michael Garbacki drove straight into a group of people including two young women. The Honda not only injured the girls, but also crashed into two other cars in a parking area beside Port Jersey Boulevard just before 2 a.m.

When police arrived, one woman, 19-year-old Jillian Elias from the Bayonne area, was lying unconscious; another girl, Yajaira Montes, 21, also from Bayonne, was found seated on the back of a parked car, conscious but with head and leg injuries, police said.

Both were taken to the Jersey City Medical Center where they remain in the intensive care ward. Elias is reportedly paralyzed, while Montes, who suffered a broken neck, is expected to recover, but will likely be hospitalized for at least one week.

According to reports, the Honda that Garbacki was driving belonged to the father of the passenger riding with him, an 18-year-old who the suspect said only had a provisional license and therefore was not allowed to drive after 12 a.m. Police arrested the intoxicated teen at the scene and took him into custody.

Following the arrest, Garbacki was released on $25,000 bail. However, upon his appearance in Central Judicial Processing Court early Tuesday, Judge Richard Nieto told the teen that aggravated assault charges were also being filed against him. Sheriff's deputies took him away in handcuffs as his family watched.

Returning to court later on Tuesday, Garbacki was advised that his bail for the latest charges was being set at $100,000 cash or bond.

 

Grim 'DWI' arraignment for teen, NJ.com, April 21, 2009

Grim 'DWI' arraignment for Bayonne teen, NJ.com, April 21, 2009

 

Downtown Hoboken, New Jersey, was the scene of a DWI arrest this past Sunday following what could have easily been a deadly car chase between police and an allegedly intoxicated 23-year-old Bayonne man. Police reported that the suspect refused to pull over and then led them on a chase, which almost resulted in the fleeing driver hitting another vehicle.

By the time it was all over, police had charged Michael M. Leahey with resisting arrest, as well as eluding an officer. He also received summonses for several other offenses, including failure to obey a traffic signal, operating a vehicle the wrong way on a one-way street, driving while intoxicated and refusal to submit to a Breathalyzer test.

The incident began in the early morning hours, after police observed a vehicle headed the wrong way on Hudson Street -- a one-way street. Police gave chase with lights and sirens on, but the man reportedly refused to pull his Buick over, instead turning onto First Street so fast that his vehicle briefly fishtailed before the driver regained control.

Despite having the police in full pursuit, Leahey continued to avoid being stopped, and at one point completely ignored a red traffic signal, going through the intersection at First and River streets at a high rate of speed and nearly hitting another car in the process.

Police managed to stop the driver as he traveled northbound on Sinatra Drive near Second Street. At that point, they took the man into custody and delivered him to police headquarters. Once there, he failed three sobriety tests and refused a Breathalyzer test, according to police.

Many drunk driving arrests can be defended successfully. However, the circumstances surrounding a DWI offense can greatly influence the court's final decision. Putting the police or the public in danger, as in this instance, can make for a much more difficult defense. Especially in situations like this, you need a skilled legal professional on your side -- like the capable attorneys at The Law Offices of John F. Marshall.

 

DWI arrest after downtown Hoboken chase, NJ.com, April 22, 2009

 

A Glassboro, New Jersey, man arrested for a DWI traffic death in Gloucester Country late last year has been offered seven years in jail in exchange for a guilty plea -- three years less than the maximum 10 years he could face if convicted in a jury trial. Charges of driving while intoxicated and vehicular homicide, combined with alleged evidence of cocaine (although no DUI charges were brought), make this a challenging case for the defense.

According to a recent report, attorneys for Arthur Anwar Jr. made a motion to have the court reduce his bail, but that has been rejected apparently due to the severity of the offense. At a bail hearing last Friday, Superior Court Judge Christine Allen-Jackson denied the motion to reduce the $75,000 bail, on which Anwar has been held since his arrest on December 21, 2008. The case remains open as both sides consider their next steps.

Anwar's drunk driving arrest stems from a lethal accident that happened just days before Christmas. According to police, the 53-year-old and a friend had left the Down on Main Street bar in Glassboro and were riding in his 1997 Mazda 626. At about 2 a.m., the vehicle plowed into the back of a dump truck on Glassboro Road in Monroe Township. The crash was so horrific that emergency personnel had to pry open the mangled sedan to remove the passenger. That man, Arthur Davis, 24, later died from multiple injuries at Cooper Hospital in Camden.

Police reports show that Anwar admitted to being the driver of the vehicle; and that officers detected the smell of alcohol on his breath. Results from a subsequent blood alcohol test showed he had a staggering 0.205 blood alcohol content (BAC) -- more than twice the legal limit of 0.08, as defined by New Jersey law.

Although it appears that drugs were not directly involved in the driver's alleged impairment, Anwar was also charged with possession of cocaine. Police reportedly discovered the drugs inside the patrol car following the arrest. An assistant prosecutor for Gloucester Country, Laurie Cimino, stated that the police cruiser's surveillance video camera recorded the suspect trying to get rid of the drugs.

Since every DWI case is different, there is no single approach to defending a drunk driving arrest. Because of this, we highly recommend that you retain the services of a New Jersey DWI Attorney. Our skilled team of lawyers is available 24/7 to help you or a family member with DWI, DUI, or other related cases.

 

No cut in bail for DWI suspect, NJ.com, April 18, 2009

 

It seems that the Monmouth County DWI Task Force has an affinity for Middletown NJ.  The organization has scheduled another DWI checkpoint in the municipality.  This is at least the second such roadblock in the municipality.  We can only assume that the prior roadblock proved successful insofar as the same location has been selected in Monmouth County.

The checkpoint is scheduled for Friday night through Saturday morning.  The DWI detail is intended to detect drivers who are operating under the influence of alcohol or drugs, and shall run from 11:00 p.m. through 3:00 a.m. on Route 35 North.  Representatives of the Task Force and the Middletown Police shall test individuals in the parking lot of Hudson City Savings Bank.

A prerequisite to conducting a valid roadblock in NJ is statistical data demonstrating that the location selected has a high incident of driving while intoxicated.  The fact that this particular location has been selected a second time manifests that Route 35 North is ripe for DWI violations.  This does not come as a shock in view of the significant number of DWI and refusal cases which our NJ DWI Defense Attorneys handle in Middletown.

A suspected drunk driver steered her speeding SUV within inches of a Branchburg Township police officer as he was conducting another traffic stop the evening of April 10. The obviously intoxicated driver of the SUV was later found to have 14-year-old minor riding with her, police said.

The incident occurred on Route 28 in the township's North Branch section just before 8 p.m. The officer, Fred Ghanim, had just stopped a vehicle for speeding and was getting out of his cruiser to issue a non-DWI summons. Just as the officer stepped out his vehicle, but before he could close the driver door, a silver SUV swerved in Ghanim's direction at a high rate of speed.

According to the report, Officer Ghanim pulled the door tight against his body, effectively sandwiching himself between the body of the police cruiser and the driver's door as the SUV sped past.

It must be said, at this point, that far too many law enforcement professionals lose their lives in the line of duty, but the senseless deaths caused by drunken drivers are all the more sad, and preventable. Near-miss situations like this one illustrate the razor's edge between life and death that public safety personnel face every day while patroling our nation's roadways.

Fortunately, this incident ended with no serious injuries. Ghanim reported that the SUV missed his door by about an inch before the driver swerved back into her lane.

Soon after, police stopped the 38-year-old SUV driver, Betsy L. Nash of North Branch, who had the odor of alcohol on her breath. This prompted officers to ask her to perform a field sobriety test. She failed that test and was subsequently given a blood alcohol test, which turned up a reading of 0.13 percent -- significantly over the legal limit in New Jersey.

Nash was charged with several counts, including careless driving, DWI, and driving while intoxicated with a minor on board. She was later released to a member of her family. Considering how close she came to injuring or even killing a law enforcement office, she was extremely fortunate.

If you are pulled over by police and found to have a BAC of 0.08 percent or more, you will be charged with DWI, if arrested. You could face a fine and jail time if convicted. Any driver issued a summons for DWI is encouraged to contact a New Jersey DWI Attorney. Our legal team is available around the clock to help you.

 

Branchburg Police Plotter, MyCentralJersey.com, April 14, 2009

Continue reading "DWI Arrest Follows Near-miss with New Jersey Police Officer" »

A 39-year-old man from Hohokus, New Jersey, was arrested on suspicion of driving while intoxicated early Friday morning after a traffic stop on Albany Post Road in Cortlandt, NY.  State Troopers charged the man and 11 other motorists with DWI during a string of traffic stops in Westchester and Putnam counties over the course of the long holiday weekend, mostly in the early hours of the day, according to authorities.

Though a number of the drivers were from out of state, most were from the local area. One local man in particular, a 32-year-old with a previous DWI conviction, who was stopped just before 5 a.m. on Sunday, was charged with multiple counts. The list included driving while intoxicated, first-degree aggravated unlicensed operation, felonies, unlawful possession of marijuana and refusal to submit to a breath test, according to the police report. In this instance, the man's drunk driving charge was bumped up to a felony due to his previous DWI conviction, which occurred less than 10 years ago.

Most, however, were charged with misdemeanor DWI. Another local man was charged with driving while intoxicated and aggravated DWI, both misdemeanors, following a 2:15 a.m. traffic stop Sunday morning. Police said that the aggravated DWI charge was due the man's blood-alcohol level being in excess of 0.18 percent -- fully 0.10 percent beyond the legal threshold for driving while intoxicated in New York State.

Of the 11 total drivers arrested for DWI, two were from Connecticut, as well as the one from New Jersey.

Police typically use field sobriety testing or a breathalyzer to detemine a driver's blood alcohol content (BAC). If you or a family member receive a DWI summons as a result of a traffic stop, we encourage you to retain the services of a New Jersey DWI Attorney. To this end, our lawyers are available 24/7 to provide assistance.
 

Troopers charge 11 with DWI in Westchester, Putnam counties, LoHud.com, April 13, 2009 

 

In New Jersey, DWI checkpoints are a common method used by police to help reduce the number of alcohol-related traffic accidents and fatalities throughout the state. To maintain fairness under the law, our courts have required state, county and municipal law enforcement authorities to publish the times and locations of future sobriety roadblocks. It is our opinion, however, that this information is not always provided in the most convenient or accessible fashion.

We believe that if the public knew about the times/locations of these checkpoints in advance, they would be more likely to stay off the road during those hours, ensuring their own safety and contributing to that of other drivers. Because of this, we are posting the following information:

 

DWI Checkpoint in Marlboro
Starting tonight, April 10, and continuing through the morning hours of April 11, the Monmouth County DWI Taskforce, in cooperation with the New Jersey Division of Highway Traffic Safety, will be operating a DWI checkpoint adjacent to the northbound lanes of Route 9. The Marlboro Police Department, along with members from the task force, will pull vehicles over into the New York Sports Club parking lot to detect any vehicles being operated by drivers under the influence of alcohol and/or drugs. This announcement is based on information provided by Brielle Police Chief and task force coordinator, Michael W. Palmer.

 

Police typically employ field sobriety testing and/or a breathalyzer test to detemine a driver's blood alcohol content (BAC). Any driver who is issued a DWI summons as a direct result of a roadblock is encouraged to retain the services of a New Jersey DWI Attorney. To this end, our lawyers are available 24/7 to provide assistance.

 

 

 

Another DWI traffic death has rocked the professional sports world. Baseball fans and players alike were shocked and saddened by yesterday's untimely death of 22-year-old Angels' pitcher, Nick Adenhart, who was killed when the vehicle in which he was riding was broadsided by a suspected drunk driver in Fullerton, California. The incident is all the more tragic as authorities report that the driver who caused the accident was on a suspended license for a previous DUI conviction.

The collision occurred early in the morning of April 9, just hours after the rookie pitcher threw six scoreless innings against the Oakland As in his forth major league start. According to police reports, a minivan driven by Andrew Gallo, 22, allegedly ran a red light and smashed into the side of the Mitsubishi Eclipse carrying Adenhart and three others. The tremendous force of the crash sent the Eclipse across the intersection and into a nearby utility pole.

Courtney Stewart, 20, the driver of the Mitsubishi, as well as another passenger, Henry Nigel Person, 25, both died at the scene. Adenhart survived the impact but later died at UC-Irvine Medical Center. Only one of the four, Jon Wilhite, 24, lived through the horrendous ordeal. He was listed in critical condition but is expected to pull through.

The accident became a hit-and-run when Gallo fled the scene on foot, but was picked up a half hour later by police about a mile from the accident. Already on a suspended license, according to police, Gallo's blood-alcohol level was above the legal limit. Besides facing the consequences of a second drunk driving offense, he could end up going to jail should authorities press for more serious charges, such as vehicular manslaughter or even murder.

 

Another tragedy strikes Angels, MercuryNews.com, April 9, 2009

Professional indoor soccer player, Mathew J. Maher, of the Philadelphia Kixx was recently arrested and charged with drunk driving and allegedly causing the death of a Pennsylvania man on the Atlantic City Expressway earlier this month.

According to police, Maher, 24, of Cape May Courthouse, New Jersey, was driving a 2007 Cadillac Escalade eastbound shortly before 3 a.m. on March 7. The police report alleges that Maher, a defender for the Kixx indoor soccer team, was speeding and under the influence of alcohol when his vehicle rear-ended a Chrysler minivan being driven by Hort Kap, 55, of Philadelphia.

According to New Jersey State Police Sgt. Julian Castellanos, Maher's Cadillac hit Kap's Chrysler Town and County in the right lane, forcing the van into a guardrail, where it flipped and partially ejected its driver. Kap was pronounced dead at the scene. Police reported that Maher's Escalade hit the guardrail with such force that one of the wheels separated from the vehicle and was thrown through the air some distance.

A former Temple University soccer star, Maher was initially charged with driving while intoxicated. Following the crash, he was given a field sobriety test and later had blood drawn at Kessler Memorial Hospital in Hammonton, where he was taken for treatment of his injuries in the accident.

Further investigation of the accident resulted in a charge of aggravated manslaughter being issued against Maher. If convicted of this first-degree offense, the young athlete could receive up to 30 years in jail, as well as being fined upward of $200,000. Maher was taken into custody March 20, after turning himself in to authorities.

 

Kixx player arrested for drunk driving death on NJ highway, NJ.com, March 20, 2009

Kixx player charged with DWI in Hamilton Township, NJ.com, March 10, 2009

 

Continue reading "DWI Death on New Jersey's Atlantic City Expressway Precipitates Arrest of Kixx Soccer Player" »

Carlstadt -- A 68-year-old man from Astoria, New York, was arrested March 21 at 12:18 a.m. for DWI, drunk driving within 1,000 feet of a school zone, and parking in a no-parking zone. The man was charged and later released to the custody of his wife.

East Rutherford -- On March 29, a 37-yeal-old man from Garfield, NJ, was arrested for DWI and several other charges following a motor vehicle accident on Railroad Avenue. In addition to drunk driving, the man was also charged with driving while suspended, reckless driving and careless driving, as well as possession of drug paraphernalia. According to police, the driver fell asleep behind the wheel and crashed his 2006 Dodge Durango into two parked cars. Authorities released the man on summonses once he had become sober.

East Rutherford -- A 21-year-old woman from Rutherford, New Jersey, was arrested March 27 at 2:17 a.m. for drunk driving, refusal to submit to a breathalyzer, careless driving and leaving the an accident scene. According to the report, a 1999 Ford Explorer belonging to the woman had struck a utility pole on Hackensack Street near Union Avenue, however the driver was missing from the scene. Police said both airbags were deployed in the abandoned vehicle, and that there was a crack in windshield with hair stuck in it. Police charged the driver when she returned to the scene a while later. She was subsequently released to a friend.

Rutherford -- A 37-year-old Lodi, NJ, man was arrested on March 26 at 3:35 a.m. for driving while intoxicated, driving under a suspended license, operating a vehicle without a license, and speeding. The man failed a field sobriety test following a traffic stop near the intersection of Union and Montross avenues in Rutherford, New Jersey. Police later released the man to a responsible party.