May 2009 Archives

May 31, 2009

New Jersey DWI News: Idling While Drunk not Necessarily a Chargeable Offense

Anyone who has read about drunk driving police stops will certainly be familiar with typical stories of New Jersey residents arrested for being intoxicated while sitting in their parked vehicles. Well, DWI stories like these may become history if a recent New Jersey appeals court decision is any indication.

The ruling, which came down on Tuesday, May 26, essentially said that being drunk in the driver's seat of your parked car, even if the engine is running and the parking brake is disengaged, cannot be grounds in and of itself for a DWI conviction -- there must be proof of intention to drive.

In this case, being asleep was the key to the defense's argument. According to the New Jersey Law Journal, in State v. Putz, the Appellate Division said the trial court ignored credible evidence that the defendant, Joshua Putz, a Phillipsburg resident who was found asleep in his idling pick-up truck after midnight by a Lopatcong Township police officer, had no intent to move the vehicle prior to falling asleep.

According to court records, the defendant was in such a complete stupor at 2:00 a.m. on March 8 when he was arrested that he could not have had any intent to drive -- this was backed up by other corroborating witnesses, which no doubt helped his appeal.

The defense argued that the prosecution's original conclusion that defendant intended to move the vehicle could not have been made based on conditions at the moment of Putz's arrest. In fact, the prosecution's case could only have been based on the defendant's "intent" prior to falling asleep, which in this case was not to drive the vehicle.

The municipal court judge apparently found the original arguments incredible and convicted Putz, suspending his license for seven months and levying $665 in fines and penalties. The Law Division, on de novo review, came to the same result.

But the appeals court justices found merit the defense's argument and were apparently troubled by the lower court's original determination. The unpublished ruling in Putz's favor breaks with the New Jersey courts' typical strict tendency to uphold drunken driving convictions based on observational evidence of any form of operation of a vehicle. This is seemingly good news for those who decide to "sleep it off" in their car, with no intention to drive the vehicle.

As a New Jersey DWI Attorney, I have defended numerous drunk driving cases. If you have been charged with driving while intoxicated, I highly recommend that you retain an experienced legal professional to handle your case. As evidenced here, no case is ever hopeless. Contact us today at 877-450-8301 for a free initial consultation.

 

Drunken Idling Is No Offense, Says Appeals Court, Law.com, May 28, 2009

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May 27, 2009

Tougher New Jersey Drunk Driving Laws Pushed for by State Senate

Repeat drunk driving offenders may face greater fines and jail time if New Jersey State Senate President Richard Codey gets his way. Intoxicated drivers accounted for nearly 30 percent of New Jersey's fatal car crashes in 2007, according to State Police records, and this statistic is one of the driving forces behind the latest initiative.

Being a New Jersey DWI and DUI defense lawyer, I am familiar with the lack of teeth in some parts of DWI law. This bold legislation calls for increasing fines and extending or adding jail time for certain drunk driving offenses, all of which could go a long way toward reducing DWI-related traffic deaths and injuries. Hopefully, this will be a benefit to everyone traveling on New Jersey roadways and not result in added harassment of law abiding citizens.

Motivated by a recent DWI injury accident, Senate President Codey is mainly targeting motorists who repeatedly drive drunk, and has proposed mandatory jail time for some offenders. A package of several bills, scheduled to be introduced in June, would increase penalties for a variety of drunk driving offenses.

Those caught with a 0.20 blood alcohol content (BAC) -- more than twice the legal limit -- within five years of their last DWI conviction would face 180 days of mandatory jail time. Under current law, only three-time offenders can receive this penalty.

For those persons caught driving drunk while their driver's license is under suspension for a previous DWI offense, the new law calls for six to 12 months in jail. And don't think if you're not drunk you'll get a pass -- even sober drivers who are caught two times driving on a suspended license due to a DWI offense would face up to a year in jail.

These are stiff penalties compared to what is currently on the books. At this time, there is no jail time for people caught driving with a suspended license. First offenders face a $500 fine and a possible six-month extension on their current license suspension. The current maximum punishment -- for those caught three or more times -- is a $1,000 fine and up to 10 days in county jail.

Codey made his point when he asked, "How can we tell someone caught driving with a suspended license that their punishment is another suspension?" He likened current law to catching your child sneaking out their bedroom window while they are grounded, and then sending them back to their room with the window still open.

If you or someone you know is facing drunk driving charges, The Law Offices of John F. Marshall is fully staffed with experienced attorneys who will represent you in a court of law. Call us at 1-877-450-8301 for a free initial consultation.


Codey proposes tougher penalties for repeat drunken drivers, NJ.com, May 24, 2009

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May 25, 2009

New Jersey Drivers Arrested for DWI, DUI by Middle Township Police

May 23 was an eventful day for Middle Township Police, who stopped and arrested one driver for drunk driving and a second for drug DUI within the township limits. In the first instance, officers were alerted to a possible intoxicated driver operating his vehicle erratically on SH47.

Police found a 27-year-old man from Woodbine sitting in a silver Lexus, which was stopped on Goshen Road near SH47. Police had maneuvered behind the suspect's vehicle when the driver, Daniel B. Carson, then attempted to leave and crashed into a second police cruiser arriving at the scene. The man was arrested on the spot for drunk driving, issued a total of nine summonses, and had his car impounded. Carson was later charged with lewdness at police headquarters and subsequently taken to Cape May County Jail in lieu of $1,500 bail.

As a New Jersey DWI and drug DUI defense attorney and former prosecutor, I know that the police have no tolerance for blatant DWI behavior. Running into a police car while in an allegedly intoxicated state is a clear sign that a defendant will have a difficult row to hoe in court. This is why it is imperative that you retain profession legal assistance to handle your drunk driving case. The other stop that day was somewhat worse, as it involved drugs, according to police reports.

In that second incident, Middle Township officers received a call regarding a possible drunk driver in a black Mitsubishi, which was observed crossing into the opposing traffic lane on SH47. A township police officer pulled the suspect over on SH47 near Woodcock Lane. The driver, Cooper Groff, 20, of Monroeville, NJ was arrested for DWI and possession of drugs.

After being transported to police headquarters, Groff was examined by a drug recognition expert due to the suspect's "highly intoxicated state," according to police. It was determined that his intoxication was a result of illegal drug use and not alcohol. Groff was issued seven summonses and a criminal charge of possession of CDS, then released to a friend. Groff's vehicle was also impounded per John's Law guidelines.

A drug DUI is serious, but not impossible to defend. The attorneys at The Law Offices of John F. Marshall are highly skilled in defending cases of drunk driving and driving under the influence of drugs throughout New Jersey. Call us for a free initial consultation at 1-877-450-8301.

 

Middle Twp Police Report Two DUI Arrests, CapeMayCountyHerald.com, May 23, 2009

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May 22, 2009

DWI News: New Jersey Ranked First in "Unfair" Traffic Fines, Enforcement Practices

With Memorial Day weekend upon us, we have one observation for New Jersey motorists: The Garden State is no paradise when it comes to drunk drivers, speeders and other hapless recipients of tickets and summonses from our traffic enforcement community. Intoxicated drivers in particular beware, according to the National Motorists Association (NMA) our state goes to the head of the class when it comes to exploitation of the road-going public.

Although DWI and DUI were not addressed specifically, the NMA did rank individual states based on seventeen criteria related to traffic laws, police enforcement practices, as well as how defendants are typically treated. The rankings, according to the NMA, are "designed to provide guidance to travelers who do not want their vacation ruined by speed traps, arcane laws or 'kangaroo' traffic courts."

Not surprisingly, New Jersey was found to be the state most likely to dip deeper into a driver's wallet. With our toll roads, sobriety roadblocks and speed traps, New Jersey has left almost no stone unturned when it comes to extracting cash from motorists, says the NMA. New Jersey has also recently pushed through a red-light camera pilot project at a time when many states are banning the ticket cameras because "they've proven to have a negative effect on traffic safety." Add in "driver responsibility" fees, which are ineffective and have a disproportionate effect on the poor, and we find ourselves at the top of the list. For those keeping score, here is the NMA's top ten worst states:

  1. New Jersey
  2. Ohio
  3. Maryland
  4. Louisiana
  5. New York
  6. Illinois
  7. Delaware
  8. Virginia
  9. Washington
  10. Massachusetts

On the brighter side, drivers in Wyoming, Idaho, Montana, Nebraska, and Kentucky were the most likely to be treated fairly by the system. The complete list of rankings can be found on the National Motorists Association website.

With high rates of enforcement in the coming months, it's important to mention that you should never plead guilty to a DWI, DUI or Refusal charge. These offenses carry significant penalties and ramifications which will be felt for many years if you are convicted. It is foolish to assume that there is no chance of success in a drunk driving case. Yet we are constantly amazed at how many people actually plead guilty without even attempting to fight the charges in court.

If nothing could be accomplished by having legal representation in a New Jersey DWI case, then why then do most municipal court judges encourage defendants to retain a defense attorney at the time of arraignment? The reason is simple. There are many defenses to drinking and driving charges, but an individual will never have the advantage of utilizing those defenses unless they consult a knowledgeable attorney. Any questions? Call The Law Offices of John F. Marshall for a free initial consultation at 877-450-8301.

 

Watch Your Wallet When Driving Through These 10 States, MartinsvilleDaily.com, May 21, 2009

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May 21, 2009

Bergen County, NJ: DWI / Marijuana DUI Arrests

Lyndhurst -- A 52-year-old New Jersey man was arrested for driving under the influence of alcohol last week on Thursday evening when police found the allegedly intoxicated suspect in his car, which was parked and partially blocking the roadway on New York Avenue. In addition to drunk driving, he was charged with having an open alcohol container in his vehicle, as well as careless driving. Reports stated he was released to Hackensack University Medical Center.

Lyndhurst -- Early on May 15, an out-of-state man was arrested for DWI following a motor vehicle stop on Ridge Road. Police charged him with driving under the influence of alcohol after they noticed he was unable to keep his vehicle properly in his lane. The 41-year-old driver refused to submit to breath test. He was charged with not carrying a driver's license and careless driving, then released on summonses to a responsible party.

North Arlington -- Police reported a motor vehicle stop on May 8 at Ilford and Prospect avenues. Officers detected the odor of burnt marijuana and determined a 16-year-old male passenger from North Arlington and the 17-year-old male driver from Lyndhurst, had been smoking marijuana. The passenger and driver were both charged with being under the influence of marijuana. The driver was also charged with DWI and violating his provisional driver's license for having four people in the car.

North Arlington -- A 37-year-old resident of North Arlington was arrested last week on Wednesday morning for DWI, reckless driving, refusal to submit to a breath test, as well as not wearing a seat belt. The stop occurred on River Road by Stevens Place. Police reports indicate that the driver failed a field sobriety test, after which police impounded his car. He was later released to a responsible party.

North Arlington -- A 27-year-old Newark man was arrested on May 15 at 1:53 a.m. for DWI. The driver, whose car was parked on Prospect Avenue, was also charged with refusal to submit to breath test, failure to produce registration and having no insurance. Police state that he failed the field sobriety test. His car was impounded and he was released on summonses.

With the warmer weather upon us more people are enjoying there evenings. Unfortunately, instances of drunk driving also tend to rise at this time. New Jersey's law enforcement officers are well aware of this and are constantly looking for intoxicated drivers. If you or someone you know has been charged with, or issued summonses for, driving while intoxicated, drug DUI or marijuana DWI, you could be subject to fines and/or jail time. In such cases, we highly recommend you retain a New Jersey DWI / DUI Defense Attorney. Our legal team has the experience to help you prepare for your case.
 


Police Blotter 05/21/09, LeaderNewspapers.net, May 21, 2009

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May 18, 2009

New Jersey DWI and Marijuana DUI Police Blotter


East Rutherford -- A 29-year-old local man was picked up for drunk driving in the late evening of Wednesday, May 6, following a minor accident on Patterson Avenue. The allegedly intoxicated driver was arrested for DWI, as well as for not maintaining a vehicle in safe condition, failure to produce a driver's license, driving on a suspended license, lack of insurance and failure to report a change of address. The suspect also refused a breathalyzer test. According to police, the man's vehicle hit a curb, which blew out one of his tires. He admitted to officers that he did not have his driver's license due to it being suspended for a previous DWI conviction. He was later released.

North Arlington -- A 47-year-old resident of Belleville, New Jersey, was arrested in the early morning of May 8 for a series of offenses, including driving while intoxicated, careless driving, parking his car on the sidewalk and refusing to take a breath test. The man reportedly sped into a Chase Bank parking lot, where the observing police officer was parked in a marked police cruiser. The man reportedly stopped his car, stumbled out and staggered to the bank's cash machine. Upon returning to his car, the officer approached the man and gave him a field sobriety test, which he failed. The man also refused a breath test, after which he was arrested and taken into custody. The vehicle was impounded and the man was later released to a third party the vehicle.

Princeton -- In a possible marijuana DUI arrest, a 35-year-old Lawrence, NJ, man was charged for driving down Paul Robeson Place while intoxicated and in possession of marijuana. The man was arrested following a 12:15 a.m. vehicle stop the morning of Friday, May 13, and taken into the borough police headquarters. He was later released on his own recognizance. Police reports show that the man was charged with DWI, as well as possession of marijuana and other drug paraphernalia, however, there was no indication what the suspected intoxicating substance was.

Princeton -- A second potential DWI /DUI arrest occurred a half-hour later that same Friday morning as police arrested an allegedly intoxicated 33-year-old driver from Bethlehem, PA, following another motor vehicle stop on Paul Robeson Place. The driver was later released from police custody on his own recognizance, although police again did not specify the suspected intoxicating substance.

As New Jersey DWI / DUI Attorneys, our office is experienced with these kinds of motor vehicle stops and driving while intoxicated, or under the influence, arrests. If you or someone you know has been arrested or charged with DWI, DUI or refusal to submit to a breath test, we highly recommend that you retain the services of a qualified legal profession, such as those at The Law Offices of John F. Marshall. Contact us toll free at 877-450-8301.

 

Police blotter, Trentonian.com. May 17, 2009

Police Blotter, LeaderNewspapers.net, May 14, 2009

 

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May 16, 2009

Monmouth County, New Jersey: Latest DWI Sobriety Checkpoint

The most recent sobriety roadblock in Monmouth County was in force this past Friday night and Saturday morning on Route 36 in West Long Branch. The county's DWI Task Force was working in concert with the New Jersey Division of Highway Traffic Safety to identify and pull over intoxicated drivers operating their vehicles under the influence of alcohol or drugs.

Here in New Jersey, these sobriety checkpoints are commonly used by law enforcement as a way to decrease the number of alcohol-related auto accidents and deaths on the state's highways and surface streets. To maintain a modicum of fairness, the law insists that state, county and municipal arms of law enforcement set up these checkpoints using certain criteria, such as choosing a location based on statistical data that indicates it has a high incidence of people driving while intoxicated.

Police typically employ field sobriety tests and/or a breathalyzer test to determine a driver's blood alcohol content (BAC). As New Jersey DWI Attorneys, we advise anyone who has been issued a DWI summons as a direct result of a roadblock to retain the services of a skilled legal professional.

Every one of our lawyers are fully trained and qualified in the operation of the Alcotest breath test device, as well as having an in-depth knowledge of standardized field sobriety testing. Few, if any, New Jersey law firms can make this claim, which is why we can help you with your latest DWI summons. To this end, our lawyers are available 24/7 to provide assistance.

 

DWI checkpoint to be held in West Long Branch, APP.com, May 15, 2009

 

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May 13, 2009

New Jersey Man Charged with DWI Traffic Death of Stepdaughter

A New Jersey man accused of driving while intoxicated and causing a fatality in the process has recently been arraigned in district court on charges of DWI and vehicular manslaughter, just weeks after the accident that killed his former stepdaughter. The tragic drunk driving accident happened on April 23 in Bethlehem Township, PA, when Thomas A. Parsons drove his car into a tree, killing his 28-year-old passenger, Kelly Rice.

Parsons was arraigned on that state's charge of homicide by vehicle while DUI, in a Northampton County courtroom. Local prosecutor, John Morganelli, said he approved the charges against the 43-year-old from Phillipsburg, New Jersey.

According to reports, Rice was riding home with Parsons from a Static-X concert at Crocodile Rock in Allentown when the crash occurred. They were driving on Johnston Drive in Bethlehem Township when the car smashed into a tree, killing the 28-year-old Rice. Morganelli said Parsons' blood-alcohol content was 0.18, more than double the legal limit of 0.08 percent.

According to new reports, Rice had been born with a neurological condition, which doctors said would never allow her to walk or lead a productive life. Remarkably, Rice graduated from Phillipsburg High School in 2000 and earned a two-year degree from Warren County Community College. Rice and her mother worked as a substitute aides in the Phillipsburg School District.

Police are unsure why Parsons was driving on Johnston Drive on the way home from Allentown to Phillipsburg. What they do know is that Parsons was driving eastbound when his 1994 Saturn veered into a tree near the entrance to Our Lady of Perpetual Help Roman Catholic Church. Family members said Rice had begged Parsons to take her to the heavy-metal concert.

After reviewing the complete investigation, the prosecutor approved the two felony counts, four misdemeanors and a pair of summary offenses, saying that he felt the charges were appropriate.

There is no doubt that these are serious charges, and that the prosecution will be hard on the defendant due to the severity of the offense. As a New Jersey DWI Attorney, I can say that my firm has represented many clients in similar circumstances. The important thing to remember is that you need skill and knowledge on your side. The legal professionals at The Law Offices of John Marshall have years of DWI defense experience to help you on your day in court. If you or loved one needs legal help for a DWI, refusal or DUI-related offense, our lawyers are at your disposal 24/7.

 

Man to be arraigned today on homicide by vehicle while DUI charge weeks after wreck killed former stepdaughter, LehighValleyLive.com, May 4, 2009


 

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May 11, 2009

DWI Defendant from New Jersey Jailed for 'Tweeting' in Court

Whether it's a charge of driving while intoxicated, drug DUI or any number of other offenses, once in the courtroom, DWI defendants have an obligation to themselves to play by the rules, even if they think technology is one step ahead of the legal process. I'm speaking most recently of the Fort Lee man who "won" himself at least 33 days in a Pennsylvania jail, not from the DWI arrest for which he was being tried, but for "tweeting" his thoughts about that very same trial while still in court!

The presiding judge was alerted to the defendant's social networking transmissions by the arresting officer who became aware of the defendant's "tweets." Scott Ruzal, a Penn State student up on charges of DWI and resisting arrest, was awaiting an eventual guilty verdict last March when he started to "tweet" his mind on the subject of his impending conviction.

According to reports, Penn State police officer, Matthew Massaro, who arrested the 20-year-old in 2008, said the student wrote the following on his Twitter account: "When all else fails, try ignorance. I watched four cops lie on a witness stand today and I didn't say a word."

The Fort Lee resident was charged in April 2008 after police spotted him driving erratically. He was found to have a blood alcohol level of 0.280 percent after a refusing to voluntarily submit to a portable breathalyzer and a blood test. Police said Ruzal kicked and hit them, refused to cooperate and had to be restrained on the East Parking Deck on campus.

Last week, at his sentencing hearing, prosecutor Karen Kuebler asked Grine to sentence Ruzal to more than a month in jail for repeatedly disrespecting law enforcement. Ruzal apologized for his actions last year, but defended his Twitter postings. "That wasn't anything I said out of disrespect of the court," Ruzal said. "It was just an expression of a particular sentiment that I was feeling at the time."

While the man's defense attorney said he never saw his client Twitter, this should be a lesson for all future DWI defendants. As a New Jersey DWI Attorney, I do as much as I can to provide my clients with a quality legal defense. But clients, for their own good, need to maintain some amount of restraint during the trial to avoid any unanticipated penalties such as this man received.

 

Tweeting in court nets jail term, CentreDaily.com, May 8, 2009

 

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May 7, 2009

Costs of Driving Drunk in New Jersey

Drunk driving, driving under the influence, or DWI. In New Jersey, and anywhere else for that matter, these simple words represent a range of possible scenarios too numerous to list here. As a New Jersey DWI Attorney, my office has represented hundreds of drunk driving cases -- many of which involved terrible human and societal costs. Even in the best of situations, the personal price can prove truly devastating, with the stigma of a drunk driving conviction affecting the person's standing in the community, possible loss of a job, or potential damage to relationships with family and friends.

Financially, a drunk driving conviction can be costly, too. Fines and penalties for second and subsequent DWIs are large, but even first-time offenders can feel the sting. Below are just a few of the potential monetary costs that can be expected for a variety of drunk driving offenses, according to the State of New Jersey (Keep in mind that jail time or community service may also be attached, but is not included here).

First DWI Offense
$250-$400 fine if blood-alcohol content (BAC) is 0.08 percent or higher but less than 0.10 percent ($300-$500 fine if BAC is 0.10 percent or higher); automobile insurance surcharge of $1,000 per year for three years

Second DWI Offense
$500-$1,000 fine, automobile insurance surcharge of $1,000 per year for three years

3rd DWI Offense
$1,000 fine; automobile insurance surcharge of $1,500 per year for three years

Having an Open Alcoholic Container in the Passenger Compartment
$200 fine (first offense); $250 fine (second offense)

Refusal to Submit to a Breath Test
$300-$500 (first offense); $500-$1,000 (second offense); $1,000 fine (third offense);
Automobile insurance surcharge of $1,000 per year for three years (first and second offenses); $1,500 insurance surcharge (third offense)

Driving on a Suspended License Due to DWI
$500 fine

All DWI Offenses
$100 surcharge going to a drunk driving enforcement fund; Motor Vehicle Commission restoration fee of $100; Intoxicated Driving Program fee of $100; Violent Crimes Compensation Fund fee of $50; Safe and Secure Community Program fee of $75; and a $100 surcharge ($50 for the state and $50 for the municipality which obtained the conviction)

 

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May 6, 2009

Drinking and Driving in New Jersey: Consequences of Underage DWI

New Jersey law regarding underage drinking and driving is quite specific. Because you must 21 years or older to buy, possess or drink any alcoholic beverage, underage drinking is by definition illegal. And the consequences for underage drinking are severe under New Jersey law, especially as it pertains to operating a vehicle while intoxicated. But whether or not you are stopped for DWI, an underage drinking offense could affect your driving privileges now or in the future.

For example, if a person under 21 years old is arrested for purchasing or consuming an alcoholic drink in an establishment licensed to sell alcohol, he or she could be fined $500, as well as lose their driver's license for up to six months. Parents take note, even if your child does not yet have a driver's license, that potential suspension will start when the youngster is first eligible to receive his or her license. Furthermore, a young person who violates underage drinking laws may also be required by the court to attend an alcohol treatment or education program.

Anyone under 21 caught with even the slightest amount of alcohol in their system -- that is, a blood-alcohol content of 0.01 or more -- will be subject to the following penalties under New Jersey law:

  • Loss or postponement of driving privileges for 30 to 90 days
  • 15 to 30 days of community service
  • Successful completion of the program requirements of an Intoxicated Driver Resource Center or an alcohol education and highway safety program

We at The Law Offices of John F. Marshall have a great deal of experience in defending persons charged with underage DWI offenses. I personally have been defending clients in New Jersey Municipal Courts for 15 years. And having served as a prosecutor earlier in my career, working in several Monmouth County municipalities, I know first-hand how the prosecution approaches such cases.

Conviction for a drinking and driving offense can have a serious impact on a young person just embarking on adulthood. If you or your child have been charged with underage DWI, DUI or Refusal, our attorneys can assist you 24/7.

 

 

 


 

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May 5, 2009

New Jersey DWI / DUI Police Blotter

Hackettstown -- In what initially could have been a DWI drug arrest on Saturday, April 25, a K-9 police unit from Washington Township found 34 bags of heroin in a vehicle occupied by a young woman and a 22-year-old man from Fairfield, NJ. The man was eventually charged with possession of heroin and a hypodermic needle following the traffic stop on Stiger Street. He was then sent to the Warren County jail with bail set at $5,000. The 18-year-old female driver and owner of the vehicle was issued a summons for a vehicle violation and released.

Montville -- A number of teenagers were charged with underage alcohol possession by police who were responding to a Saturday night complaint regarding a large party just off Bonnie View Lane. Upon arriving at around 10:30 p.m., officers encountered a large group of minors leaving the scene. A juvenile driver was also charged with violation of his provisional driver's license. There were no arrests for underage DWI.

Montville -- An 18-year-old man from Pine Brook, New Jersey, was charged with possession of marijuana in a vehicle on the evening of Friday, April 24, after police checked a car parked on Briarcliff Road with four people inside. A juvenile that was present was charged with obstruction.

Montville -- An octogenarian from Garfield was charged with driving while intoxicated and careless driving during the evening of April 22. Police pulled over the 81-year-old man after observing him operating his Jeep with one flat tire along Stiles Lane.

Montville -- A Maywood, NJ, man was charged with DWI and refusal to submit to a breath test on Wednesday, April 22. Police saw the 30-year-old driver speeding on Route 46 East and proceeded to stop the suspect and attempt to test his blood-alcohol level after seeing that he appeared intoxicated.

Mount Olive -- In a possible instance of marijuana DWI, a 28-year-old man from South Brooklyn, New York, was charged in the early morning hours of Thursday, April 30, with possession of marijuana and paraphernalia. The arrest came after police checked a van parked in the parking lot of a Wendy's restaurant. After the man was unable to produce a driver's license, police asked him to step out of the van when saw a bong on the floor of the vehicle with suspected marijuana residue. The man was later released pending a court hearing.

If you are arrested for, or charged with, driving while intoxicated or drug DUI, you could be looking at monetary fines, or even time in jail, if convicted. If you or a relative is issued a summons for DWI, drug or marijuana DUI, or refusal to submit to a breath test, we highly recommend that you secure the services of a New Jersey DWI Attorney. The legal professionals at The Law Offices of John F. Marshall have the knowledge and experience to give you the best possible representation for your day in court.

 

Police Blotter, DailyRecord.com, May 1, 2009

 

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May 2, 2009

DWI Injury Accident Caused by New Jersey Man with Long History of Drunk Driving

Talk about your repeat drunk driving offenders, East Rutherford resident, Shaun Campbell, will surely have a place in the record books. According to reports, the 39-year-old already had a dozen DWI convictions, and 78 license suspensions, prior to a recent accident when he allegedly caused a head-on crash with another driver and his four-year-old daughter at the intersection of South Street and Spring Valley Road in Morris Township.

Police say that Campbell was allegedly intoxicated when he ran his SUV into another vehicle in Morristown on Thursday, April 23. Immediately following the accident, the suspect was viewed running from the scene into nearby Loantaka Park in an effort to escape from police. All of this happened while Campbell's license was suspended by the state.

Campbell was caught and initially charged with driving while intoxicated and obstruction of justice. However, authorities also hit him last Wednesday with a charge of fourth-degree assault-by-auto in connection with this most recent accident.

First convicted for driving while intoxicated in 1987, when he was 17, Campbell has had his license suspended for 39 motor vehicle infractions and 39 "administrative" violations, including failure to appear in court and neglecting to pay fines.

Morris Township also had a $3,500 warrant for Campbell from a 2007 crash. He was remanded on the warrant but later posted bail and was released, according to the county prosecutor's office.

Morris County prosecutor Robert A. Bianchi on Wednesday afternoon asked the Superior Court to set a $50,000 cash-only bail because of "the defendant's prior demonstration of contempt and disregard for the judicial system and based upon the significant danger that he presents to the community." Typical bail for these kinds of charges are set at $2,500. Campbell was rearrested and remanded.

If you or a relative have received a summons for DWI of have been arrested for driving while intoxicated, we highly encourage you to retain the services of a New Jersey DWI Attorney. The legal professionals at The Law Offices of John F. Marshall are available 24/7 to provide assistance.

 

East Rutherford driver with 78 suspensions charged in assault-by-auto case, NJ.com, April 30, 2009

12 DWIs, suspensions couldn't keep him off road, NJ.com, April 29, 2009

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May 1, 2009

Middlesex County DWI Enforcement for Prom and Graduation Season

Middlesex County, New Jersey, has renewed its initiative to combat drunk driving during the Prom and Graduation season this year. In this regard, periodic checkpoints shall be set up throughout Middlesex County during the month of May and June. The target locations for the DWI roadblocks shall coincide with the prom and graduation schedules throughout the County.

The DUI detail shall be comprised of local police officers and members of the Middlesex County Prosecutor's Office Vehicular Fatality Team. The program is over two decades old and is funded through a grant from the State. The program appears to have been successful in preventing alcohol related deaths insofar as there have been no such incidents in the County during the Prom and Graduation season for quite a time period.

Our DWI attorneys have occasion to represent many underage motorist every year in drunk driving cases. The pivotal thing that most of the public fails to understand is that NJ law has a no tolerance policy for alcohol consumption by minors. The result is a New Jersey Underage drinking and driving law which is triggered when a motorist under the age of 21 has any alcohol in his system whatsoever.

There is no blood alcohol threshold for someone underage. What this means is that if an underage driver is operating a motor vehicle with any alcohol in his system, he can be convicted of Underage DWI.

Thankfully, the punishment, penalties, and long-term consequences of an Underage DWI can be much different from those of an adult in New Jeersey. It is therefore crucially important that any finding of guilt in one of these cases involve the underage dwi statute as opposed to the normal DWI statute (i.e. an underage motorist is usually charged with both if his or her blood alcohol is over the legal limit of 0.08).

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