New Jersey DWI Lawyer Blog

Two drivers were arrested last week for driving under the influence of alcohol in the Bridgeton, New Jersey. The first arrestee was an 18-year-old man from Upper Deerfield Township who was stopped by police for driving while intoxicated while underage, as well as reckless driving. The second arrest was that of a suspected illegal immigrant who was stopped for drunken driving and breath test refusal, as well as leaving the scene of an accident.

On the morning of Thursday, June 25, Bridgeton law enforcement officers clocked Blake A. Russo's car on radar allegedly traveling at 67mph in a 30mph zone on West Broad Street. After stopping Russo, 18, police noticed an open container of alcohol in the vehicle. Although his blood alcohol content (BAC) was 0.04 percent, he was charged with DWI while underage. He was also cited with possessing an open alcoholic beverage container in a motor vehicle, reckless driving and speeding. Russo was later released on his own recognizance.

Later in the day, Hermenegildo Millan Ramirez, 28, of Spruce Street, was arrested around 10:15pm on North Laurel Street on the charge of driving under the influence of alcohol. Police found him after they received a report of an erratic driver at Cohansey and North streets. According to reports, Millan's Ford pickup truck was the same as that involved in a hit-and-run accident at Burlington and Timber roads earlier. The man had apparently crashed his truck into a utility pole on the west side of Burlington Road.

Police cited Millan for leaving the scene of an accident, failing to report an accident, refusing to submit to blood-alcohol content testing, reckless driving, failing to exhibit a motor vehicle insurance card, failing to wear a seat belt, failing to keep right and failing to obtain a New Jersey driver's license within 60 days of moving to the state. Because the man was a suspected illegal immigrant, he was placed in Cumberland County Jail without bail on a detainer issued by Immigration and Customs Enforcement.

At The Law Offices of John F. Marshall, we represent a wide range of clients who have been arrested or received a summons for drunk driving, refusal to submit to a breath test or other DWI and DUI offenses. As with any arrest, we highly recommend that those charged with driving while intoxicated contact a skilled legal professional to better understand their rights under the law.

Continue reading "Bridgeton, NJ, DWI Police Blotter: Two Drunk Drivers Arrested" »

A New Jersey court has sentenced a Glassboro, NJ, man to seven years in prison for a 2008 drunk driving accident that caused the death of his friend. Arthur L. Anwar Jr., 53, pled guilty to vehicular homicide last Friday for the fatal DWI traffic accident in Monroe Township last December 21. The Superior Court judge handed down the sentence as recommended by the assistant Gloucester County prosecutor for the second-degree offense of causing a death while driving under the influence of alcohol.

According to earlier reports, the seven-year jail term was offered in exchange for a guilty plea. As a New Jersey drunk driving defense lawyer and former municipal prosecutor myself, I have vast experience with cases just like this one. In this instance, if the defendant had held out for a jury trial, he could have received a maximum of 10 years for the death of his friend, 24-year-old Arthur L. Davis, also from Glassboro. The defense's case was complicated by alleged evidence of cocaine found on the suspect, though no drug DUI charges were actually levied.

According to police reports, the deadly accident happened in the early morning hours a few days before Christmas. Leaving from a bar in Glassboro, Anwar was driving his 1997 Mazda, with Davis in the front passenger seat, when the car crashed into the back of a dump truck on Glassboro Road in Monroe Township. Davis died in the hospital from multiple injuries not long after the collision. Anwar had admitted to being the driver of the vehicle and when police measured his blood alcohol content (BAC) they foudn it to be an incredible 0.205 -- two and one-half times greater than the legal limit in New Jersey.

This was a very tough case to defend, since the defendant's BAC was so very high and the crash resulted in a fatality -- the drugs, while not officially part of the charges, could have made things worse for the defendant in a jury trial. This is a perfect example of why we always recommend that anyone arrested for driving while intoxicated, drug DUI or breath test refusal retain the services of a New Jersey DWI Attorney.

Glassboro man gets 7 years in 2008 drunk-driving death of his passenger, NJ.com, June 26, 2009

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

Any small craft captain worth his salt knows it's boating season, but before you power up your twin inboard, take a moment to scan the horizon and double-check your alcoholic beverage intake. This weekend, from Sandy Hook to Cape May, the New Jersey State Police will be patrolling offshore in search of intoxicated boat operators. And just like DWI for landlubbers, being arrested for boating under the influence (or BUI) can be a costly experience.

Drunk boating, like drunk driving, is enforced by local and state police units. This latest campaign, christened "Operation Dry Water," begins today and runs through Sunday, June 28. It's a combined effort between the New Jersey State Police and the United States Coast Guard (USCG) and designed to hook skippers piloting their craft under the influence of alcohol in state waters, which includes bays and the ocean up to three miles out.

According to the USCG, enforcement will be heaviest in the Atlantic City and Cape May areas, with sobriety checkpoints set up at various points on the water. In addition to BUI offenses, law enforcement personnel will be looking for anyone navigating recklessly or carelessly. Those observed exhibiting drunken behavior should be prepared to be boarded and examined for intoxication.

In New Jersey, boaters can lose their boating privileges for one year and their automobile driver's license as well. That's three months for a blood alcohol content (BAC) of 0.08 percent or more, and seven months for 0.10 percent or more. You should know that while New Jersey does not confiscate boats of those captains who are arrested for BUI, other states do confiscate watercraft.

Authorities also will usually administer field sobriety tests, although they can be somewhat different from those conducted on dry land. And although they do not want to give away their tactics in detail for this coming weekend, law enforcement agencies say their goal is not to arrest boaters so much as to educate them about the BUI problem.

One message authorities are pushing is that alcohol has an enhanced effect on the water. According to experts, the glaring sun, waves, motion of the boat and other influences aboard a boat only help the body absorb alcohol faster. This can impair an individual's motor functions, reaction time, judgment and other critical boating skills.

Continue reading "New Jersey State Police to Reel In Drunk Boat Captains this Summer" »

We are excited to announce that Thomas Campo, Esq., has agreed to become a part of our drunk driving and criminal defense practice. Tom possesses extensive knowledge and experience litigating New Jersey dwi, refusal and dui cases. His skills as a litigator have been refined over approximately 15 years including time as an Essex County Prosecutor, Monmouth County Prosecutor and, most recently, serving as municipal prosecutor in towns such as Toms River, Brick Township, Holmdel, Point Pleasant Beach, Mantoloking, Stafford, Ship Bottom, Surf City, Long Beach, Beach Haven, Beachwood, Waretown (also known as Ocean Township), Lacey, Tuckerton, Little Egg Harbor and Plumsted. I have known Tom for a long time and have always been impressed by, among other things, his overwhelming accolades, especially from prosecutors and police officers with whom he has worked.

Tom's arrival to our practice coincides with our recent efforts to provide additional legal resources for those charged with driving while intoxicated and/or breath test refusal in Ocean County. In this regard, we recently launched DWI, Refusal & DUI resource pages for Beachwood, Bay Head, Barnegat Township, Beach Haven, Berkeley Township, Brick Township, Eagleswood Township, Island Heights, Jackson, Lacey Township, Lakehurst, Lakewood Township, Lavallette, Little Egg Harbor Township, Long Beach Township, Manchester Township, Mantoloking, Ocean Township (Waretown), Plumsted Township, Seaside Park, Seaside Heights, Ship Bottom, Stafford, Toms River, and Tuckerton. Tom has served as municipal prosecutor in a large majority of these municipalities at one time or another. His familiarity with the Courts and the police officers in these venues should be very helpful to our clients.

Mothers Against Drunk Driving (MADD) recently awarded more than 70 New Jersey police officers for their DWI arrests during 2008. State troopers and officers from Bergen, Hudson and Ocean Counties, among others, were honored at an event supporting the state's law enforcement community for its efforts in actively locking up drunk drivers. The event was headed by the Executive Director of MADD NJ, Mindy Lazar, and hosted by Pierre's Restaurant in Middlesex County.

As citizens we can appreciate the difficult and dangerous work that members of New Jersey's law enforcement community take on every day. What's surprising is that 30 state troopers accounted for nearly 900 driving while intoxicated arrests last year. That averages out to less than 30 DWI arrests for every trooper. What does this say? Perhaps that the average police officer has less experience in drunk driving cases than any of the DWI defense lawyers currently practicing at our offices.

The three attorneys in our office have a total of 40 years experience between them defending clients in areas such as drunk driving and breath test refusal. Although there are no plea bargains in New Jersey DWI/DUI cases, the drunk driving defense attorneys of this state have some of the highest success rates in the nation. As a former prosecutor myself, I know first-hand that New Jersey prosecutors are taught that they will have a difficult time winning a case when the defendant has a DWI defense lawyer by his side.

Depending on the circumstances of your case, our defense team may be able to work out a favorable sentence or help you avoid conviction for multiple DUIs. Since it costs you nothing to find out how we can help, you have a responsibility to yourself to find out how we can assist you in your drunk driving case. To set up an initial, no-obligation consultation with a qualified legal professional, call toll-free at 877-450-8301.

MADD honors Fairview & River Vale officers among top cops in DWI enforcement, BergenNow.com, June 17, 2009

Have you been arrested for DWI in Barnegat, Lacey or Manchester Township? Perhaps you've been stopped for driving under the influence of alcohol in one of the smaller communities, such as Island Heights, Seaside Park or Bayhead. The summer months bring out the fun-loving spirit in all of us, but sometimes individuals get a little too loose.

Whether you have recently been ticketed for DWI or received a summons for being under the influence while sitting in your parked car. Were you intoxicated? Maybe. Was that drunk driving charge truly deserved? Maybe, and maybe not. Like many aspects of the law, not every DWI case is completely black and white.

As New Jersey DWI defense attorneys, many of our clients believe they have been unfairly accused. Although some may have actually broken the law, they also understand the consequences of a drunk driving conviction and they want to improve their chances in court. But the people I worry most about are the ones that don't seek our firm's advice and counsel. Those are the people that believe they "earned" that summons. Or maybe they believe, incorrectly, that there is no way to fight the charges. But this is the wrong way to look at it.

Something that makes people believe the police have a solid case against them are the breath test results. You should know that blowing a reading over the legal limit -- more than 0.08 percent blood alcohol content (BAC) -- doesn't automatically mean you will be convicted of a DUI charge. Don't think you are out of luck just because the Alcotest machine registers a high BAC.

There are several factors that affect your BAC, and there are also a number of other things that can influence the final breath test reading. For instance, many people don't realize that a breath-testing machine can often mistake other chemicals for alcohol. Also, burping, hiccupping or vomiting can cause the device to have an incorrect BAC reading.

The reason is that the Alcotest machine is designed to measure the amount of alcohol coming from your lungs. If you burp, hiccup or vomit prior to the test, any alcohol in your stomach can travel to your mouth, something called "mouth alcohol," which can then cause the machine to return an imprecise BAC reading.

All of our attorneys at The Law Offices of John F. Marshal are fully certified in the operation and maintenance of the Alcotest breath test device. Only 50 or so attorneys in the entire state can make this claim. You should also know that every member of our defense team holds certification in standardized field sobriety testing, as established by the Nation Highway Traffic Safety Administration.

If you need help with a drunk driving or breath test refusal case, the lawyers in our Toms River office are available now at 1-877-450-8301. Call for a free initial consultation. The consequences are far too serious not have a qualified legal professional at your side when you get your day in court.

Speeding and driving under the influence of alcohol were suspected contributing factors in a horrendous multi-vehicle DWI accident a few nights ago in Essex County, New Jersey. An allegedly drunk driver was in one of two cars observed traveling at a high rate of speed just before they both crashed into three other vehicles waiting for a traffic signal at a busy Newark intersection.

Nine people were injured in the five-car crash at the intersection of Frelinghuysen and Haynes Avenues. Except for the driver and passenger in one of the five vehicles, everyone involved escaped serious injury -- those two people were reportedly taken to the hospital in critical condition.

Following the early-morning accident, police detained Rayquan Horton, 24, who they suspected was one of the two drivers who may have been responsible for the accident. Horton, a resident of Irvington, New Jersey, was later charged with driving under the influence of alcohol. According to preliminary police reports, all of the people involved in the accident were coming from the same night club in Elizabeth.

As a New Jersey DWI defense attorney, my office has defended many clients who have been charged with drunk driving. An injury accident is a terrible tragedy, but being accused of driving while intoxicated AND being the cause of the injuries means this individual will definitely require the services of an experienced legal professional.

According to the news reports, the accident scene was a "mangled mess of twisted metal and shattered glass." Newark police stated that the accident occurred around 2 a.m. on June 17 as the two cars went speeding north up Frelinghuysen Avenue, apparently unaware of the three other cars sitting at a light just ahead. According to witnesses, there was no chance of stopping in time.

Police reported that some of the people involved in the accident were acquainted with the others, however the exact relationships had yet to be determined.

If you or someone you know has been arrested for drunk driving, or received a ticket or summons for DUI/DWI in the Newark or surrounding area, do not make any statement to the police. Instead call The Law Offices of John F. Marshall toll free at 877-450-8301 to set up a free initial consultation.

Multi-vehicle crash injures 9 in NJ, ABCLocal.go.com, June 18, 2009

Butler -- A local man was charged with drunk driving after police responded to a citizen's call regarding a person drinking alcohol in a parked vehicle at a convenience store along New Jersey's Route 23. According to reports, on June 12, police responding to the alleged DWI found a 65-year-old man in the driver's seat of his running 1996 Toyota Camry in a Stop & Shop parking lot. He was drinking alcohol and had open containers of alcoholic beverages in plain view on the front seat, police said. The suspect was taken to police headquarters and charged with DWI, consumption of alcoholic beverages within a motor vehicle and reckless driving. He was later released to a relative, pending an appearance in court.

Madison -- A 46-year-old male from Morris Plains was charged with driving under the influence of alcohol, refusal to submit to a breath test, reckless driving, leaving the scene of an accident, as well as failure to report an accident after he allegedly was involved in a car crash on Woodland Road on the evening of June 12. Witnesses reported seeing the intoxicated man driving away from the crash site, heading west on Woodland Road in a white Cadillac Escalade. Police searched for the vehicle by following a fluid trail that led them to Green Avenue, where the suspect was arrested for DWI after failing to pass field sobriety tests.

Pequannock -- An Oak Ridge resident was charged with DWI on the morning of Wednesday, June 19, after police observed a 2010 Ford Mustang driving erratically southbound on Route 23. Officer Kevin Ricciardi stopped the 50-year-old driver near the Scott Center in Pompton Plains, and noticed an odor of alcohol coming from the passenger compartment of the vehicle. According to reports, the driver appeared to have trouble finding his documents and exhibited slurred speech. The officer arrested the man after he failed several field sobriety tests. Police also found a prescription bottle in the vehicle containing two types of medication, one of which was confirmed to be the pain killer Percocet. The man was charged with possession of a controlled dangerous substance (CDS). He was also issued summonses for possession of CDS in a motor vehicle, refusal to submit breath samples, failure to maintain lane and failure to exhibit registration.

Police Blotter, DailyRecord.com, June 19, 2009

Apparently, driving while intoxicated is still high on the curriculums of New Jersey's university students. Based on information coming out of Little Falls, NJ, a recent study shows drunk driving -- as well as binge drinking -- continues to be a problem with college-age adults, here and across the nation. According to the Journal of Studies on Alcohol and Drugs, driving under the influence of alcohol among undergraduates increased from 26.5 percent to 29 percent between 1998 and 2005, while alcohol-related deaths rose about three percent.

Binge drinking may be a major factor in this trend, as the report also showed that the percentage of students who pursued this activity while attending school increased from approximately 42 percent to 45 in the seven years from 1998 to 2005. The increase in binge drinking -- defined as five or more drinks on any one occasion -- occurred primarily in students ages 21 to 24, according to the study.

Published in the July special issue of the journal, it shows the percentage of students aged 18 to 24 who drove drunk increased by nearly three percentage points between 1999 and 2005. Similarly, those engaged in binge drinking rose from 41.7 percent to 44.7 percent, according to Ralph Hingson, Sc.D., M.P.H., and his colleagues. The study was one of 14 published in the special supplement, which focuses on college drinking problems.

To assess the magnitude of alcohol problems, the researchers looked at data on 18- to 24-year-olds from 1999 through 2005 from the National Highway Traffic Safety Administration (NHTSA), the Centers for Disease Control (CDC), the National Coroner Studies, census and college enrollment data, and the College Alcohol study. Researchers said that the "persistence of college drinking problems underscores an urgent need to implement prevention and counseling approaches."

Most disturbing, the report points out that among 18- to 24-year-olds in the U.S., injuries are the leading cause of death, and alcohol is the leading contributor, being a factor in more than 5,000 deaths in that age group each year. To put that number in perspective, the authors added, it exceeds the total number of U.S. soldiers who have died in the war in Iraq.

The "good" news, so to speak, is that much of the increase in drunk driving may have been posted in the first half of the study period; the 2005 figure of 28.9 percent is actually a significant eight-percent decrease from the 31.4 percent recorded in 2002.

Researchers added that "colleges and communities in which they are located must work together to change the culture of drinking...in order to achieve optimal declines in alcohol-related problems."

Binge Drinking, Drunk Driving Up on Campus, MedPageNews.com, June 15, 2009

Lyndhurst -- a 52-year-old driver was picked up for driving under the influence of alcohol during the evening of May 14. The Rutherford, New Jersey, resident was arrested for DWI, possessing an open alcoholic beverage container in his car, careless driving, as well as improper parking. The incident occurred in the parking lot at 540 New York Avenue in Lyndhurst. According to police reports, the man's vehicle was observed parked partially in the parking lot and partially in the roadway. After being charged for drunk driving, as well as the other offenses, he released to Hackensack University Medical Center.

Lyndhurst -- Hours later, during the early morning of May 15, a 41-year-old man from Milton, MA, was also arrested for driving while intoxicated, as well as refusing to submit to a breath test following a motor vehicle stop on Ridge Road near New Jersey Avenue. Prior to being released to a responsible party, the man was also charged with being an unlicensed driver, careless driving and failure to maintain a lane.

North Arlington -- During a routine motor vehicle stop in the late evening of May 8, police reportedly detected the odor of burnt marijuana in a vehicle at Ilford and Prospect avenues. Police determined that both a 16-year-old male from North Arlington and the driver, a 17-year-old male from Lyndhurst, had smoked marijuana. The passenger was charged with being under the influence of marijuana and released to his parents. The driver was charged with having tinted windows, violating his provisional driver's license for having four people in the car, DWI and being under the influence of marijuana. He was also released to his parents.

North Arlington -- A North Arlington resident was arrested in the early hours of May 13 for DWI, reckless driving, refusal to submit to a breath test, having no front license plate on his car and not wearing a seat belt. The 37-year-old driver was stopped on River Road by Stevens Place. According to police, after failing the field sobriety test, the man was taken into custody and his car was impounded. He was later released on summonses to a responsible party.

As a New Jersey DWI / DUI attorney, I and my staff of drunk driving defense lawyers have the necessary experience to handle cases similar to these. If you or someone you know has been stopped for driving while intoxicated, or driving under the influence of drugs or marijuana, we recommend that you seek qualified legal assistance. The Law Offices of John F. Marshall is here to help. Contact us toll free at 877-450-8301 for a free consultation.

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

An allegedly drunk out-of-state driver caused a severe traffic accident in Closter, New Jersey, when he blew past a stop sign in his SUV and struck a sedan driven by a career postal employee, sending that man to the hospital with multiple injuries. The DWI traffic accident occurred today at West Street and Harrington Avenue where Kevin Greutert, 57, ended up being pinned in his vehicle until rescue workers could get him free and transported to Hackensack University Medical Center.

According to police reports, Patrick Martin Doyle, a resident of New York, was moving south on West Street in a white Nissan Pathfinder. As he approached the Harrington Avenue intersection, he apparently didn't notice the stop sign and slammed into an Oldsmobile sedan being driven eastbound by Greutert, a resident of River Edge, NJ.

Greutert, a 30-year employee with the U.S. Postal Service, suffered a fractured pelvis and a collapsed lung, as well as a number of other minor injuries, according to Assistant Bergen County Prosecutor John Higgins, who also heads the county's Fatal Accident Unit.

Detectives with the office who followed the ambulances to the hospital later obtained a warrant for Doyle's arrest on charges of assault by auto in a school zone. Doyle, who was later released, had blood drawn to test for drugs or alcohol in his system. The suspect also received several motor vehicle summonses and is currently free on $50,000 bail pending his first court appearance. The results of toxicology tests on Doyle's blood are still outstanding.

This case is similar to the hundreds that our lawyers encounter every year at The Law Offices of John Marshall. We have more than 40 combined years of DWI defense experience, which gives us an edge compared to other firms with less courtroom experience. In cases just like this one, you need a combination of skill and knowledge on your side. If you or loved one needs legal help for a New Jersey DWI, refusal or DUI-related offense, our lawyers are at your disposal 24/7. Please call us at 877-450-8301 for a free initial consultation.

Drunk-driving arrest in serious North Jersey crash, Examiner.com, June 15, 2009

As a New Jersey resident, have you been issued a summons for possession of marijuana, or weed, in a motor vehicle? Or worse, been charged with drug DUI, or DWI, involving marijuana? With the likely increase in the legal use of medical marijuana in New Jersey and other states, it is conceivable that use of this drug may become more prevalent. Meanwhile, there is obviously a steady illegal trade in marijuana ongoing now throughout the Garden State. As a drug, the use of marijuana can affect a person's ability to operate a motor vehicle.

If marijuana is found in your car, the police will usually issue a summons for possession in a motor vehicle. As experienced DWI and marijuana DUI defense attorneys, we at the Law Offices of Jonathan F. Marshall are fully prepared to defend you or a loved one in court. We know drunk driving and DUI law inside and out, which is why you can turn to us when faced with a driving under the influence or possession charge.

Under New Jersey law, persons are prohibited from operating a motor vehicle while knowingly in possession of marijuana. You should know that this law (N.J.S.A. 39:4-49.1) is directed at the driver of a vehicle and does not apply to the other occupants. In order to prove a violation, the state must establish several facts:

-- Operation of a motor vehicle by the accused
-- Presence of marijuana on the person of the operator or in the vehicle
-- Knowledge by the driver that he or she was in possession of the marijuana

Considering this, a driver has a good argument against conviction under the statute if he is not within wingspan of physically controlling the marijuana. An example of this is where the marijuana is on the person of a passenger.

How bad can a conviction be? If you are found guilty of possession of marijuana, as the operator of a vehicle, the most significant penalty is a mandatory two-year suspension of your driver's license. Unlike a drunk driving-related license suspension, the suspension for possession of marijuana in a motor vehicle means a complete and total exclusion from driving. Period. There are no special provisions under the law for a work license or a conditional driver's license. This is nothing short of an absolute suspension, which can seriously affect your life and your livelihood. Furthermore, there are fines, assessments and motor vehicle surcharges also attached to a conviction involving marijuana possession in a motor vehicle.

For these reasons, if you have been charged with violating N.J.S.A. 39:4-49.1, it is simply unwise to plead guilty to this offense. It is important to know that our attorneys have a very high success rate in helping clients avoid a conviction for this offense. Every lawyer at our firm has many years experience of defending drug charges and traffic offenses, including tickets for possessing marijuana in a car. We are available to assist you 24/7 at 1-877-450-8301. Call us for a free initial consultation today.

Future convictions for driving under the influence of alcohol could result in the offender's vehicle being fitted with a type of breathalyzer-ignition interlock device if drunk driving legislation in Trenton continues to move foward. The specter of ignition interlocks for nearly all DWI offenses has been raised this time with the help of three New Jersey assemblymen, Gordon Johnson, Nelson Albano and Patrick Diegnan.

Under the proposed legislation (A-3073), any person convicted of a second, third or subsequent DWI offense would be required to have an ignition interlock device installed on all vehicles they either lease or own, or any vehicle that the person would operate for work, or other purposes, during their driver's license suspension period.

Even first offenders would be affected. If a person convicted of a first-time DWI had a blood alcohol content (BAC) of 0.15 percent or higher, the law would require the offender to have the device installed on his or her vehicle. In addition, the current legislation calls for the device to remain installed for six to 12 months following restoration of the individual's driver's license. The courts would retain discretion as provided under current law to require installation of the device for all other first offenders.

The measure going through the state legislature is known as "Ricci's Law," in honor of a young Egg Harbor Township teen who died from injuries sustained when a hit-and-run drunk driver struck a group of friends riding their bicycles. When caught, the driver's BAC was recorded at 0.339 percent -- more than four times the state's legal limit of 0.08 percent.

Ignition interlocks are devices similar to a breathalyzer that can be installed on the steering column and wired into the ignition of a motor vehicle. To start the vehicle, the driver must first blow into the device. If the interlock registers above a specified BAC -- typically 0.02 percent or 0.04 percent -- the vehicle will be rendered inoperable.

For repair and safety purposes, the device allows an individual other than the driver to start the vehicle, however only if the owner does not operate the vehicle himself. Under current law doing so is a disorderly persons offense and carries fines of up to $1,000.

As a New Jersey DWI defense lawyer, I have successfully represented many clients facing drunk driving charges. If you or someone you know has been accused of DWI or breath test refusal, the attorneys at the Law Offices of John F. Marshal are available 24/7 to protect your rights. Contact us for a free initial consultation at 877-450-8301.

ALBANO/DIEGNAN/JOHNSON BILL REQUIRING IGNITION BREATHALYZER FOR ALL DUI CONVICTIONS ADVANCES, PolitickerNJ.com, June 8, 2009

Two New Jersey municipal judges arrested for drunk driving were recently disciplined by the state supreme court. One of the judges, Peter Tourison, received a more serious sanction because his DWI offense included property damage from a collision, as well as an effort to interfere with the results of the Alcotest breath testing machine.

On Tuesday, June 2, the New Jersey Supreme Court censured Judge Tourison, who presides over the municipal courts in Stone Harbor, Cape May and Middle Township, for the arrest precipitated by his public intoxication. The court also reprimanded Judge Robert Jones, of Livingston. Under a new policy adopted by the Court, judges convicted of driving under the influence of alcohol are disqualified for one year from presiding over DWI cases.

Tourison, arrested in early 2008, was stopped by police after he allegedly drove his BMW against the flow of traffic on Bayshore Road in Lower Township. He reportedly forced another driver to swerve his car onto the shoulder and then ended up in a Wawa parking lot where he ran into a parked Ford Explorer. The arresting officer stated that he detected the odor of alcohol on Tourison, who claimed he had consumed only two drinks, but then failed most of the field sobriety tests.

It seems that there has been a spate of driving DWI arrests for police and judges this year, which is disappointing because these individuals are supposed to protect the public, not endanger us. Judges in particular should know better. They not only see the results of drunk driving in their courtrooms, but they also issue judgments and sentences for those found guilty.

As a New Jersey drunk driving defense attorney, I have successfully defended many clients against DWI and refusal charges. Judge Tourison used several different techniques to delay the administering of the breath test and possibly alter the results. He applied lip balm prior to the test, which by law forced the officer in charge to wait 20 minutes before proceeding with the test. Tourison also placing a penny in his mouth apparently hoping that the metal would further affect the results of the Alcotest device.

The final breath test reading was 0.08, the threshold for intoxication, to which Tourison pleaded guilty and was fined $400. For his efforts, he caught the attention of the state Supreme Court, who found him in violation of the Code of Judicial Conduct, specifically that a judge must act in a manner that promotes public confidence in the judiciary, and conduct extrajudicial activities in a manner that does not demean the judicial office.

 
Penny-Popping N.J. Judge Disciplined for DWI, Law.com, June 4, 2009

The recent DWI case involving a New Jersey police officer arrested for driving drunk at break-neck speeds in a 25-mph zone is difficult to imagine, but it did happen. The intoxicated cop, Jersey City Police Officer Kevin Cieslak, has only been on the force for two years. Regardless of the circumstances, his actions are totally unacceptable.

Officer Cieslak was arrested in Belmar on Memorial Day by the New Jersey State Police around 2 a.m., according to reports. An officer from the East District, Cieslak allegedly collided with a bread truck, after which he reportedly left the scene. He was subsequently observed driving 89 miles per hour in a 25-mph zone before being pulled over by State Police. According to police, he was issued summonses for DWI after refusing a Breathalyzer test, as well as for reckless driving, leaving and accident scene, failing to report an accident, running a red light and driving in the opposing lane.

We should all be proud, and rightly so, of the hard work that our law enforcement officers do for society, but when they step over the line and break the same laws they are entrusted to enforce there should be no leniency. These are the same individuals that make judgments on whether to stop other citizens for driving while intoxicated. They, of all people, need to set an example for the rest of the us -- there is no middle ground here.

According to news reports, Cieslak's brother, a former Jersey City Police Officer, was fired in October 2007 after pleading guilty to official misconduct for playing cards with friends who were smoking pot and not reporting the unlawful activity, officials said. The card game was at the home of a drug dealer who was on probation, officials said, adding that police found marijuana and a gun in the apartment.

As a New Jersey DWI Defense Attorney, my firm provides an aggressive defense for clients accused of drunk driving offenses. Regardless of the charges, you deserve to be represented by a skilled legal professional who knows the law and understands the workings of our legal system. As a former prosecutor myself, I have these qualifications.

All of our lawyers at The Law Offices of John F. Marshal have gone through extensive training on the operation of the Alcotest breath testing device. Every one of our attorneys also knows the procedures included in the standardized field sobriety tests established by the Nation Highway Safety Administration. This puts our firm head and shoulders above most New Jersey law firms, the majority of which cannot make such a claim for their attorneys.

2 Cops Busted, NJ.com, May 26, 2009

Family members of a pedestrian killed last summer in Belmar by a drunk driver have expressed their anger over the recent reduction in charges against the defendant in the case. Despite having struck and killed 22-year-old Christopher Nowak while driving drunk on New Jersey's Route 35, Mark Rich of Neptune City, NJ, now faces only a driving while intoxicated charge that carries with it a $500 fine, a 30-day maximum jail sentence, and a one-year license suspension.

Last December, a grand jury turned down an indictment of vehicular homicide against Rich, 53, that would have called for a maximum of 10 years in prison. Upon the grand jury's rejection of the indictment, the case was handed back to municipal court, where Rich pleaded guilty this past Wednesday to DWI. According to reports, the Belmar prosecutor in the case requested that the judge also dismiss the other charge of careless driving. This has enraged the victim's family.

Any loss of life through an automobile accident is a tragic event, but the facts of this case make for a difficult defense, as well as prosecution. Being a New Jersey DWI Defense Attorney and former municipal prosecutor myself, I have been involved in cases that seemed clear cut on their face, but which had many grey areas.

The facts are quite damning for the defendant, who was admittedly drunk that fateful evening -- having had three Bloody Marys before getting into his 2003 Corvette -- with a 0.15-percent blood alcohol content (BAC), nearly double the legal limit. He also struck and killed the victim with his vehicle, and then drove with the poor man's body lodged in his vehicle for nearly a mile, over the Route 35 bridge and into Neptune City, before stopping to call 911.

But, as the prosecutor indicated on Wednesday, the grand jury had good reason not to indict Rich on the vehicular homicide charge. This is because the victim was also impaired that evening. According to the police, Nowak was himself drunk, with a BAC of 0.26 percent. Medical reports show that he also had cocaine in his system. Finally, when Nowak was struck by Rich's car, he was apparently standing in the middle of Route 35, a place no pedestrian should have been, according to the defendant's lawyer.

Although Rich has pleaded guilty to the DWI charge, he no doubt will face a civil lawsuit from the victim's family. It's a tragic situation, but without a well-qualified legal professional at his side, the defendant could have faced a decade in prison. If you or a loved one has been charged with drunk driving, we urge you to call our offices at 877-450-8301 for a free, no-obligation initial consultation.

DWI plea not enough for family, APP.com, June 3, 2009

The Marlboro Police Department will be checking for drunk drivers this Friday night and into the early morning hours of Saturday, June 6. Working in cooperation with the New Jersey Division of Highway Traffic Safety, members of the Monmouth County DWI Task Force will be checking for drivers who may be under the influence of alcohol, marijuana or other drugs, along the southbound lanes of Route 9 in Marlboro.

Officers will be signaling to drivers to pull over into the local Lowe's parking lot in Marlboro to check driver sobriety between the hours of 11 p.m. on Friday night and 3 a.m. on Saturday morning. This is according to Brielle Police Chief Michael W. Palmer, the task force coordinator.

This upcoming sobriety roadblock is one of many set up during the year to root out drunk drivers. These checkpoints are used by police across New Jersey to help decrease the number of alcohol-related auto accidents and deaths. Information on these roadblocks is not always readily available, but the law stipulates that impending sobriety checkpoints must be publically announced beforehand. The law also requires New Jersey's state, county and municipal law enforcement departments only to establish checkpoints based on certain criteria, such as statistical data that indicates an area has a high incidence of DWI arrests.

At a sobriety checkpoint, police typically use the standardized field sobriety testing and/or the Alcotest breath testing machine to establish the blood alcohol content (BAC) of a vehicle operator. As New Jersey DWI Lawyers, we advise that anyone who has been issued a drunk driving summons as a direct result of a roadblock to seek the services of a qualified legal professional.

Each and every one of our attorneys is fully trained and qualified in the operation of the Alcotest breath test device, and all of them are well versed in the procedures and science behind the standardized field sobriety testing. Not many New Jersey law firms can say this about all of their lawyers, which is why The Law Offices of John F. Marshall can help you with your latest DWI or refusal case. We are available 24/7 to provide assistance at 1-877-450-8301.
 
DWI checkpoint being held in Marlboro this weekend, APP.com, June 4, 2009