New Jersey DWI Lawyer Blog

A new sobriety roadblock will be set up in Monmouth County, New Jersey, beginning tonight (11pm on July 31) and remaining in effect until 3am on Saturday, August 1, 2009, in an attempt to catch drunk drivers in the Allenhurst, NJ, area. According to the Monmouth Co. DWI Task Force, which will be working in concert with the New Jersey Division of Highway Traffic Safety, the sobriety checkpoint will be screening drivers to detect those individuals operating their vehicles under the influence of alcohol and/or illicit or prescription drugs.

This latest drunk driving roadblock will be located along the northbound lanes of Main Street near Elberon Avenue, where drivers will be routed to determine their level of inebriation, if any. During the DWI stops, the task force members and officers from the Allenhurst Police Department will use standardized field sobriety testing as established by the National Highway Traffic Safety Administration (NHTSA).

In the state of New Jersey, sobriety checkpoints are typically employed by local police and other law enforcement agencies to help decrease the occurrence of alcohol-related auto accidents and fatalities across the state's rural and urban roads, as well as on the highways and other high-traffic roadways.

To be fair to the driving public, as well as follow the letter of the law, the state, county and municipal law enforcement entities establish these occasional checkpoints using certain criteria. The law requires that the location of each checkpoint be chosen based on statistical data that shows it has a high preponderance of people operating vehicle while under the influence of alcohol.

Once a person is determined to be most likely intoxicated, via field sobriety testing, the driver may be asked to submit to a breathalyzer test to determine the exact level of alcohol in his or her blood -- blood alcohol content (BAC). As New Jersey DWI Attorneys, we advise anyone who has been issued a summons for DWI, drug DUI or refusal to take a breath test to retain the services of a skilled legal professional.

Every one of our lawyers is 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. Very few New Jersey DWI law firms can make this claim. This is why, time and again, clients choose our firm to represent them in a court of law.

DWI task force in Allenhurst this weekend, APP.com, July 31, 2009

The death of an innocent person is no time to say I told you so, but the recent fatal DWI accident in Ocean County involving 25-year-old American Idol contestant, Alexis Cohen, points up something that no one should ever contemplate when pulled over for driving while intoxicated. As a New Jersey drunk driving lawyer, I'm holding this incident up as an object lesson of what NOT to do. Never attempt to flee from the police. Nothing good can come of it.

In this instance, what might have been a relatively simple case of driving under the influence of alcohol coupled with a minor parking lot fender-bender instead turned into a tragic case of vehicular manslaughter. According to reports, a 23-year-old Toms River, NJ, man had left the scene of the fender-bender next to Hemingway's Bar shortly before 4 a.m. last Saturday when his 2005 Mitsubishi Galant struck and killed Cohen, who was on foot.

The driver, Daniel Bark, allegedly hit a parked car in the lot adjacent to the bar, after which a bicycle-mounted Seaside Heights police officer attempted to stop the man. According to news reports, Bark fled west on Dupont Avenue and turned right onto Bay Boulevard, traveling north in the southbound lane. Authorities believe that this is where Bark hit the pedestrian, Ms. Miss Cohen.

Instead of stopping, Bark reportedly continued along Bay Boulevard for a couple of blocks until officers in patrol cars intercepted him at Hamilton Avenue as he headed for the bridge to Toms River. At the time, officers did not know that Ms. Cohen had been hit by the suspect.

Police records show that Bark, who refused a Breathalyzer test, had a previous drunken driving conviction from April 2004, after which his driver's license was suspended for 90 days. He was arrested and issued summonses stemming from the traffic stop, including driving while intoxicated, four counts of failure to yield or stop, reckless driving, failure to report an accident, driving without insurance, leaving the scene of an accident, failure to stay to the right, refusing a Breathalyzer test, failure to wear a seatbelt, failure to obey an officer's command, careless driving and traveling the wrong way on a one-way street.

This was all before police learned of the pedestrian fatality allegedly caused by Bark. Police re-arrested the man a day later and charged him with Cohen's death. He now has additional charges to deal with including aggravated manslaughter, death by auto and eluding police. As I said, nothing good ever comes from fleeing an officer of the law.

Driver faces manslaughter, DWI charges in American Idol contestant Alexis Cohen's death, www.NJ.com, July 27, 2009

Police throughout Bergen County had a number of dunk driving and drug DUI arrests during the first half of July. With an office in Jersey City, our drunk driving defense attorneys can handle your Bergen County DWI, DUI or breath test refusal case quickly and efficiently. We represent many clients who have experienced situations not unlike the following driving while intoxicated arrests published in the local press.

Carlstadt -- A 56-year-old man from Ridgefield Park allegedly passed out and hit a brand new 2009 Honda Accord parked on Sixth Street near Berry Avenue this past July 9. Police arrested the man for careless driving and also found 52.6 grams of marijuana in the suspect's vehicle, as well as 54 tablets of Alprazolam. Discovery of the drugs caused the officers to write the man up for possessing drugs in a motor vehicle, being under the influence of drugs, possession of marijuana, or weed, and possession of drug paraphernalia, specifically rolling papers. The man was then transported to Hackensack University Medical Center.

Carlstadt -- A Kearny man was stopped in the early morning hours of July 16 for speeding on southbound Route 17. During the stop, police determined that the 20-year-old man was intoxicated and allegedly had drug paraphernalia in his car. Officers then charged the man with driving under the influence of alcohol, possession of drugs in a car, careless driving, possession of marijuana and possession of drug paraphernalia (plastic dime bags). He was released on summonses to a responsible party.

North Arlington -- A 22-year-old Lyndhurst man was arrested on July 11 in the early morning for DWI, careless driving, having an uninsured car, failure to observe stop sign and failure to wear a seat belt. The motor vehicle stop occurred on Sixth Street off Bergen Avenue. The man reportedly failed the field sobriety test. His Jeep Grand Cherokee was impounded and he was subsequently released on summonses to a responsible party.

North Arlington -- A Nutley resident was stopped by police in the early evening of July 11 after she crossed over the double yellow several times and almost struck several oncoming cars while having her eight-year-old son in the vehicle. The 33-year-old woman was charged with drunk driving, endangering the welfare of a child and refusal to submit to a breath test. The arrest occurred on Jauncey Avenue at River Road. According to reports, the woman failed the field sobriety test. She was subsequently released on summonses to a responsible party and the child was turned over to a family friend.

Police Blotter 07/23/09, LeaderNewspapers.net, July 23, 2009

It's not uncommon for some New Jersey residents to mix recreational off-road riding with alcohol, though the two hardly go well together. Whether it's a motorcycle, ATV, snowmobile or dirt bike, driving while intoxicated can be dangerous. The New Jersey State Police, as well as local law enforcement agencies, keep a watch for drunk drivers on- and off-road. During the summer, boaters caught piloting their powerboats while under the influence of alcohol also run the risk of being arrested for DWI.

Recently, a Bergen County man was stopped for riding his all-terrain vehicle on private property. The criminal trespass charges would have been bad enough, but Mount Olive police also noticed that the rider was intoxicated. As a New Jersey drunk driving defense attorney, my firm has defended folks like Piotr Dabek, the owner of that ATV. He was caught near Crease Road last Sunday after neighbors called police to report a stranger riding his ATV on private property.

According to reports, Dabek tried to run from the Mount Olive police officer dispatched to the scene. After a short foot chase through a wooded area, the officer caught up to the 30-year-old suspect. Bringing Dabek back to his patrol car, the officer gave the man several field sobriety tests, including a balance test, which Dabek failed. The officer then placed him under arrest and charged the man with DWI and criminal trespass. Police also impounded Dabek's all-terrain vehicle.

Continue reading "All-terrain Vehicle Rider Arrested for Drunk Driving in Morris County" »

West Windsor Township -- In a potential marijuana DWI traffic stop a 17-year-old Hamilton, New Jersey, resident was stopped on a Saturday night along Route 1 by police for a routine traffic offense. The teenager was found to have a small amount of the controlled substance, or weed, in his vehicle and charged with possession of less than 50 grams of marijuana. After the stop, which occurred near Emmons Drive, the man was placed under arrest and taken to police headquarters for processing. He was later released to the custody of his mother.

West Windsor Township -- Two potential drug DUI arrests were also made on Route 1, just days apart. A 29-year-old Hamilton man traveling southbound was pulled over on a Sunday morning for a traffic violation near Quakerbridge Road. During the stop, officers discovered a small amount of cocaine in the car. The man was subsequently charged with possession of that controlled substance. Several days later, a 21-year-old resident of Trenton, New Jersey, was stopped in the early morning hours for a traffic infraction near Meadow Road. Following the traffic stop on the northbound side of Route 1, police found evidence of drugs and charged the man with possession of cocaine.

Plainsboro -- On an early Friday morning, a Willingboro resident traveling in a 2004 Acura was stopped for doing 75mph in a 55mph zone on southbound Route 1. The 23-year-old man, who was found to be intoxicated, was charged with drunk driving, speeding, reckless driving, failure to maintain a single lane and failure to carry auto insurance. He was released pending a future court date.

Plainsboro -- A 22-year-old man from Monroe, NJ, was charged with DWI after a traffic stop on eastbound Scudders Mill Road in the early morning hours. Police pulled the man over for running a red light and failure to maintain lane. He was placed under arrest and charged with DWI, reckless driving, failure to observe signal and failure to maintain lane.

Plainsboro -- A Jackson man was charged with driving under the influence of alcohol following a Wednesday evening traffic stop along westbound Plainsboro Road. An officer observed the 50-year-old driver apparently unable to maintain his lane of travel. The driver was subsequently pulled over and issued several field sobriety tests, which he failed. Deemed to be intoxicated, police arrested the man and charged him with DWI, reckless driving, failure to maintain lane and failure to wear a seat belt.

POLICE BLOTTER: Princeton, West Windsor, Plainsboro, CentralJersey.com, July 6, 2009

As a former prosecuting attorney having handled DWI cases for a number of New Jersey municipalities in the past, I am well aware of the professional pressures associated with working in a prosecutor's office. Furthermore, as a current New Jersey drunk driving defense lawyer, I can sympathize with many of my clients who have been accused of driving while intoxicated.

One thing I do not have much patience for, however, is a lack of discipline on the part of certain government officials and law enforcement personnel when it comes to their own personal conduct regarding drinking and driving. I'm speaking here of the danger of losing the public's respect for those in law enforcement and in the judiciary due to the apparent hypocrisy exhibited by a small percentage of individuals in positions of authority.

Past news reports have covered members of the police and the judiciary accused and conivted of driving under the influence of alcohol. Recently, another individual, this time from the prosecutorial side of the justice system, has been arrested for DWI. A Warren County assistant prosecutor was charged with drunken driving, after he allegedly ran over a fire hose without being authorized to do so.

Kevin Brotzman, a 29-year-old newcomer to the prosecutor's office, was picked up on June 14 by police after potentially interfering with city firefighters who were trying to extinguish a burning vehicle near his home. Based on news reports, the incident occurred in the early morning hours, when the man steered a 2004 Saturn around a tow truck and drove over an active fire hose. Officers gave Brotzman three field sobriety tests, all of which he failed, according to police.

It should be noted that although Brotzman is relatively new to the Warren County prosecutor's office, he is by no means inexperienced -- he has already handled some high-profile cases, including the conviction of Keri Ann Brekne, a former Lopatcong Township schoolteacher who molested one of her students. In this case, he should have known better than to take the wheel after consuming alcohol.

Court records show that the Brotzman's preliminary blood alcohol content (BAC) was 0.09 percent. Although individuals with readings of 0.08 and above can be charged with drunken driving, as a seasoned DWI defense attorney, I know that there are many factors involved in being legally drunk. In many cases, a person in Brotzman's situation could possibly be acquitted of those charges, which would certainly be awkward for an individual who more than likely prosecutes drunk driving defendants as part of his job.

Continue reading "Warren County, NJ, Assistant Prosecutor Arrested for Drunk Driving" »

As a New Jersey drunk driving and drug DUI defense lawyer, as well as a former municipal prosecutor, I know that on any given day local police will make dozens of DWI arrests across the Garden State. Similarly, our local courts see hundreds of driving while intoxicated cases come through their doors every month. Madison, NJ, is no different than other communities throughout the country. Here are just a few recent examples of DWI arrests in this part of Morris County.

July 7 -- A law enforcement officer stopped an 18-year-old man in the late evening hours after the patrolman observed a car traveling at a high rate of speed on Route 24. The officer also noticed the driver did not keep right, after which he pulled the suspect over and saw that the driver had a bottle of brandy in the car. The resident of Elizabeth, New Jersey, was arrested and charged with underage possession of alcohol. He was later released pending a court appearance.

July 9 -- Following an evening traffic stop, an officer arrested two 20-year-old women from Chatham for underage possession of alcohol. The suspects' Cadillac was observed doing 40mph in a 25mph zone and was subsequently pulled over. During the stop, the officer noticed three 30-packs of beer in the rear seat. Both individuals were later released pending their court appearances.

July 10 -- In a late afternoon DWI stop, a 47-year-old Basking Ridge, NJ, man was charged with driving while intoxicated as well as careless driving. Officers on patrol noticed the suspect's vehicle at a stop light with its turn signal activated. When the light turned green, the driver did not turn and instead nearly caused a collision with another vehicle. During the subsequent stop, the driver was found to be under the influence of alcohol and arrested after he failed several sobriety tests. He was later released to a friend.

July 11 -- In the early morning hours, a 21-year-old Montville man was stopped for speeding and charged with DWI. The incident occurred on Main Street when the suspect attempted an abrupt turn onto Greenwood Avenue in what the officer deemed and unsafe manner. The vehicle was pulled over for the observed traffic violations, at which point the officer determined that the driver was under the influence of alcohol. Following sobriety evaluations, the man was arrested and taken police headquarters for processing. He was charged with carrying an open bottle of vodka in his vehicle, driving on a suspended license and careless driving. He was released R.O.R. on an outstanding $500 warrant pending his court appearance in Lincoln Park.

News from the Madison Police Department, TheAlternativePress.com, July 15, 2009

There are just some people that you can't help. As a New Jersey DWI defense lawyer, I have represented many multiple drunk driving offenders, but few like Shaun Campbell of Bergen County, New Jersey. Most of the clients I have worked with learn their lesson and try to make a clean start of things following a brush with the law as it applies to driving under the influence of alcohol. But other people convicted of driving while intoxicated go back and make the same mistakes over and over again. So it has been for Mr. Campbell.

According to reports, the 40-year-old Campbell had his license suspended nearly 80 times during his 22-year driving career. His admission of guilt to his 15th DWI charge was the latest in a string of convictions. This particular case involved an April head-on collision in Morris Township when Campbell, self-described as being plastered on beer, drove his sport utility vehicle into a Ford pickup truck driven by a Chatham man and carrying that man's four-year-old daughter. Luckily, no one was killed.

Campbell pled guilty to assault by auto, DWI and driving while on the revoked list. The Morris County assistant prosecutor has recommended that Campbell receive the maximum sentence of 18 months in prison for the assault by auto, and consecutive 180-day terms on the drunken-driving and revoked license charges. He also recommended that Campbell receive an extra 90-day term as an enhanced penalty on the license revocation offense.

Though the lack of a valid license hasn't stopped him from driving so far, Campbell will lose his driving privileges for at least another 10 years and face about $3,000 in penalties. His lawyer stated that he would argue at sentencing for a shorter prison sentence, but the Morris County prosecutor's office has said it would seek the maximum penalties for Campbell.

It would be an understatement to say that this is a challenging case for the defense. It is made especially tough because the case itself has prompted the state legislature to take up a bill to criminalize some repeat drunk driving offenses. Part of that legislation would make it a fourth-degree crime to drive under the influence while already on the suspended list for a DWI conviction. Other proposed content includes increased penalties for repeat DWI offenders who are found to have a blood alcohol content (BAC) of 0.20 percent or higher -- according to reports, Campbell's BAC was 0.288 percent, more than three times the legal limit.

Man heads to jail after 15th DWI, dailyrecord.com, July 1, 2009

Comedian Artie Lange, who regularly makes guest appearances on Howard Stern's radio program, has been charged with driving under the influence of an intoxicant following a Ocean County car accident last Friday. According to reports, Toms River police made the DUI arrest of the witty stand-up artist after the 2009 Nissan Sentra he was driving ran into the back of a Pontiac Grand Am in the early afternoon.

It is widely known that the performer has had trouble with substance abuse over the years, from prescription medicines and alcohol to heroin. Although the crash was not serious, with no injuries, police noted Lange's odd behavior following the incident and decided to arrest him.

As a New Jersey DWI and DUI defense attorney, I have represented many clients that were arrested by police due to strange behavior after an automobile accident. Although Lange has had a history of substance abuse, it would be wrong to assume the man is guilty of drug DUI simply on that fact alone.

News reports indicate that Lange, who was on his way to a promotional event for his best-selling book, "Too Fat to Fish," was released after being issued a summons to appear in court this Thursday, July 16 -- on Tuesday Lange's attorney entered a not guilty plea, stating the comedian had passed an Alcotest breath test, which probably rules out alcohol but says nothing about impairment due to possible drug use. If found guilty of a first-time drug DUI offense, Lange could receive up to 30 days in jail, a maximum of $1,000 and possible loss of his driver's license for as long as 12 months.

Entertainment news outlets say that Lange's physical and mental health has been showing some signs of improvement over the past few months. The heavyset comedian had reportedly lost more than fifty pounds as well as claiming total sobriety. He has been reported as saying that that he was in love with a new girlfriend, but that if he ever started using drugs again, she should "get the hell away from me."

Continue reading "Howard Stern Regular, Artie Lange, Charged with Drug DUI after New Jersey Car Crash" »

With the Independence Day holiday behind us and summer in full swing, lots of people are enjoying themselves from Newark to the Jersey Shore and all the way down to Cape May. But along with that enjoyment comes responsibility. As a New Jersey DWI defense attorney, I've represented many clients who never realized they were legally intoxicated -- having a blood alcohol content (BAC) of 0.08 percent or more. Unless you have a properly calibrated breathalyzer handy, it's tough to know whether you've had one too many.

I recently ran across an article that included a chart for gauging how many drinks an individual can consume while still staying legal and avoiding a drunk driving summons. It all has to do with body weight. Comparing a 100-pound aerobics fanatic to that 250-pound linebacker sitting at the next table, the big fellow can drink more than the smaller person and still be under the legal limit for BAC. But if it's any consolation, portly couch potatoes have to buy more drinks to get the same buzz as those svelte folks out there.

Regardless, you should never drive in an impaired state. Even small amounts of alcohol can dull your senses, decrease reaction time, and hamper judgment, vision and alertness. Very simply, if you consume any amount of alcohol and your driving is affected, you could be convicted of driving while intoxicated. The chart below illustrates the relationship between alcohol, body weight and BAC level -- this is not a guide, since drinking and driving are always a dangerous combination, and there are numerous other factors that can affect your BAC as well.

When reviewing this chart, keep in mind that "one drink" is considered as either one beer; one three-ounce glass of wine; or one ounce of hard liquor (yellow-highlighted figures equal impaired; red is legally drunk).

If you or someone you know has been arrested or issued a summons for drunk driving, we highly recommend that you seek the counsel of a qualified legal professional to handle your DWI or refusal case.

Is being buzzed safe to drive?, Examiner.com, July 7, 2009

Sparta
A 47-year-old man from Newton, New Jersey, was stopped by police for careless driving and charged additionally with driving while intoxicated. The arrest occurred on Route 15 when officers observed the man's pickup truck being driven erratically. Following the incident, he was released pending a court appearance.

A Nutley, NJ, man was recently charged with drunk driving and refusing to submit to a breath test. The DWI stop took place after the 27-year-old was observed running a red light. Police officers charged the man with additional traffic offenses, including careless driving, not maintaining a lane, unsafe tires and not wearing a seatbelt. The man was subsequently released pending a court appearance.

A 47-year-old Andover man was charged with driving while intoxicated after police found him unconscious in his truck on the side of Pine Terrace. According to reports, after officers roused the man, he refused to submit to a breath test, for which he was also charged. Additionally, officers wrote the man up for careless driving, failure to exhibit documents, failure to maintain a lane and obstructing the passage of vehicles.

Stanhope
A Dover man was stopped by police officers after he was seen driving erratically on Route 183. The 26-year-old was charged with drunk driving, careless driving and refusal to take a breath test. He was released pending a court date.

A young local woman was charged with DWI and careless driving earlier this month after the 22-year-old was observed speeding and driving erratically on Route 183. According to reports, following her arrest police released her pending a court appearance.

A 29-year-old man from Newton, NJ, was charged with speeding, possession of drugs and possession in a motor vehicle, following a traffic stop on Route 206. According to police, the man was released pending a court appearance. However, the man's passenger, a 45-year-old Andover resident, was arrested on an outstanding warrant from Wantage Township totaling $816; that man was turned over the the New Jersey State Police for processing.

Police Blotter, DailyRecord.com, July 7, 2009

The New Jersey statehouse wants mandatory sobriety testing for drivers involved in severe traffic accidents regardless of whether drunk driving is indicated as the cause of the crash. This is significant because the current law only allows police to administer breathalyzer tests and the like when evidence points to a case of driving while intoxicated, or at least clear suspicion that the operator of a vehicle was driving in an impaired state as a result of drug or alcohol use.

As a New Jersey DWI defense lawyer, I've seen drunk driving law evolve during my career as a municipal prosecutor and now as a drunk driving defense attorney. Society has little tolerance for intoxicated drivers and this bill is one more step in expanding the tools police have at their disposal. The bill states that law enforcement officers must take a blood or breath sample from the driver of a vehicle involved in a traffic accident that resulted in a fatality or that caused serious injury to another person.

A driver's refusal to submit to such a test could result in fines up to $1,000 and a possible two-year suspension of the offender's driver's license -- the same penalty for a conviction of refusal in relation to a drunken driving charge. According to news reports, opponents of the legislation have argued the unconstitutionality of a law that forces an individual to submit to a blood or urine test when there is no probable cause to suspect them of a crime.

Some groups like the Owner-Operator Independent Drivers Association, which represents commercial truck drivers, say that the bill takes implied consent to the extreme and that it's ridiculous to impose what constitutes as intrusive bodily invasion without probable cause. According to reports, the bill does not even specify who can or cannot draw blood to determine blood alcohol content, leaving the door open to potential malpractice suits as a result of inexperienced or unquailifed persons performing these procedures on suspects.

At The Law Offices of Jonathan F. Marshall, we understand the law and how police should conduct a blood alcohol content (BAC) test. Every one of our DWI defense attorneys is certified in the procedures laid out in the standardized field sobriety tests as established by the National Highway Traffic Safety Administration (NHTSA). And, unlike many lawyers in New Jersey, all of our attorneys are certified in the operation and use of the Alcotest breath testing machine. These facts, as well as our vast experience in defending drunk driving cases, show why clients seek us out to fight for them in a court of law.

No probable cause? NJ bill would expand post-crash sobriety tests, LandLineMag.com, June 11, 2009

People drink for all sorts of reasons, many times because they are unhappy with life or feel that they are in a situation from which there is no escape. As a New Jersey drunk driving defense lawyer, I know that many people accused of DWI are not necessarily thinking clearly, and not just because of the physical affects of alcohol. A recent news article brought this home when I read that a woman from Middlesex County had tried to kill herself in Bridgewater Township.

According to police reports, Kathleen Hoffman, a resident of South Plainfield, was sitting in her Chevrolet Corvette at a scenic overlook near Route 78 in the early afternoon last Tuesday. Apparently distraught, the 55-year-old then crashed her sports car though a wood barrier, through a metal fence and down a steep wooded embankment, causing the car to roll several times before coming to rest at the bottom.

By the time rescuers arrived at the scene, she was trapped but still alive. Emergency workers had to cut her out of the vehicle, after which she was airlifted to nearby Morris Memorial Hospital where she was treated for moderate injuries. Thankfully, nobody else was injured in the incident, although it did tie up traffic on Route 78 for quite sometime.

Police reportedly charged the woman not only with attempted suicide, but also with drunk driving. Considering her act of apparent desperation, this lady likely needs some intensive counseling as well as an experienced DWI attorney. My office has handled numerous cases where an individual was charged with drunk driving, but did so as a result of difficult life circumstances. Nobody can excuse a person for putting others at risk, but as this story shows, there may be a deeper reason for a person's actions that should at least be considered in the overall picture.

South Plainfield woman accused of DWI in Bridgewater crash, NJ.com, July 8, 2009

Mount Olive
A 57-year-old Hackettstown woman was stopped by police last Saturday and charged with driving while intoxicated, failure to stay within her lane, and reckless driving. The drunk driving arrest occurred in Morris County, New Jersey, following a traffic stop on Oakwood Drive. The lady was released and currently has a court appearance pending.

Several potential drug DUIs recently occurred this past weekend. The first involved a 17-year-old juvenile from Long Valley, NJ, who was stopped by police for failure stay within his lane, as well as drug possession in vehicle. The stop took place on Route 46, after which the young man was released to one of his parents.

A second incident involved another 17-year-old male -- a resident of Randolph -- who was charged for allegedly possessing marijuana in a motor vehicle. According to police, officers were checking on a parked car in Flanders when they encountered two teenagers as well as a small quantity of the drug, plus a pipe. Both youngsters were subsequently released to their parents.

The third incident involved a 27-year-old resident of Alexandria, Virginia, who was charged Saturday with possession of marijuana, khat and drug paraphernalia after a traffic stop on Route 46. According to police, the man had a bag of suspected marijuana, rolling papers, an open container of cognac and khat. Khat, a stimulant derived from a plant native to East Africa, is classified as a Schedule III drug in New Jersey and its possession is illegal. Additionally, the man was charged with careless driving, failure to maintain lane and possession of an open alcoholic beverage in a motor vehicle. He was taken to the Morris County jail with bail set at $75,000.

Boonton
A 70-year-old man from West Milford, NJ, was pulled over by police in the late evening of June 30 on suspicion of drunk driving. He was charged with DWI, reckless driving, and failure to keep right, as well as disregarding a traffic signal. Following the arrest, he was released pending an appearance in municipal court.

A 26-year-old resident of Denville was charged with drunk driving, as well as possession of drug paraphernalia and a hypodermic needle after he apparently lost control of his vehicle in a Walmart parking lot. According to police, the man crashed his vehicle into signs and concrete islands in the parking lot on June 27. He was later released pending a municipal court appearance.

Police Blotter, DailyRecord.com, July 7, 2009

Recent comments by a New Jersey appeals court could shift the thinking behind English-only instructions provided by state and local police during DWI stops. As a New Jersey drunk driving defense lawyer, I have represented my share of non-native-English-speaking clients over the years, and I can tell you that many of these people are at a disadvantage when it comes to DWI enforcement.

The case in question stemmed from a driving while intoxicated arrest that occurred following a September 2007 traffic accident in Plainfield, N.J. A Hispanic man, German Marquez, had his license suspended for seven months after he apparently refused to submit to a breathalyzer test. According to court records, Marquez declined to take a breath test because he didn't understand the 11-paragraph statement that a police officer read to him in English. After the statement was read out loud, the man responded, "No entiendo," which means "I don't understand" in Spanish.

The appeals court upheld the license suspension. In issuing its decision, the court stated that Marquez was made aware of the rules involving breath testing when he took the driver's license exam in Spanish. It also reminded that the driving manual, written in Spanish, makes it clear that anyone who agrees to be licensed to drive in New Jersey is also giving advanced consent to a breath test.

However, the court also recommended that state authorities consider translating the instructions, which officers read to drunk driving suspects prior to administering a breath test, into Spanish and other widely spoken languages, or provide officers with a recording that can be played for those who don't understand English.

Frankly, this is long overdue in an area of the country that has a multitude of foreign-speaking residents, many of whom do not speak English well, if at all. Certainly, a non-native-English-speaking person's inability to comprehend a multi-paragraph statement read in English by an arresting officer under possibly traumatic circumstances is very understandable.

Marquez' lawyer argued that if police had read the instructions to the man in Spanish, he would have more clearly understood his rights. The court disagreed with that argument, finding that "The right to due process does not automatically carry with it a right to have government documents translated into one's native language." This doesn't sit very well with many attorneys who represent non-English speakers in this country, which may be why there will be another appeal attempt.

According to new reports, Mr. Marquez' lawyer plans to appeal the ruling to the New Jersey Supreme Court. The man's attorney believes that his client would not have declined the test if he had understood what the police were asking of him. The goal, according to news reports, would be for New Jersey to discontinue the English-only practice.

NJ court upholds DWI despite language barrier, Philly.com, July 3, 2009

New Jersey's drunk driving laws will be strictly enforced this Fourth of July weekend, especially in Ocean Township, Monmouth County, where a sobriety checkpoint will be in effect from Friday evening until early Saturday morning. Sobriety checkpoints are frequently used by police and other law enforcement agencies to identify drunk drivers and make arrests for DWI and driving under the influence of illegal or prescription drugs.

As part of these sobriety roadblocks, police usually ask drivers suspected of driving while intoxicated to take one or more field sobriety tests. Breath testing apparatus, such as the Alcotest machine, are also employed to determine the specific content of alcohol in an individual's bloodstream. The legal limit in New Jersey is 0.08 percent blood alcohol content (BAC).

This latest sobriety checkpoint will be set up on Ocean Avenue in the borough of Deal and remain in effect from 11pm Friday through 3am. Task force members and officers from the Deal Police Department will pull vehicles from the northbound lanes into the Deal Casino Beach Club parking lot to determine drivers' sobriety, according to a press release issued by Brielle Police Chief Michael W. Palmer, task force coordinator.

Anyone who is arrested or receives a summons for DWI, drug DUI or breath test refusal is encouraged to contact a qualified drunk driving defense lawyer. Every one of the attorneys at The Law Offices of John Marshall are certified in the operation and maintenance of the Alcotest device, as well as the standardized field sobriety tests established by the National Highway Traffic Safety Administration (NHTSA). A small minority of New Jersey law firms can make this claim. We have the experience and background to represent individuals accused of drunk driving anywhere in New Jersey, which is why clients turn to us for highly skilled legal assistance.

Task force conducting DWI checkpoint in Deal this weekend, APP.com, July 2, 2009