New Jersey DWI Lawyer Blog

A man initially arrested for DWI at a sobriety checkpoint in November 2008, the charges for which were dropped four months later, has sued for wrongful arrest. As a New Jersey DWI defense attorney, I have represented clients over the years who have faced similar circumstances. In the case of Tyrone Foxworth's drunk driving arrest, the claimant says that Officer Kristina Ramsi falsely arrested the Somers Point man and caused him to be prosecuted in a malicious fashion, thus violating his rights under both the Fourth and Fourteenth amendments of the United States Constitution.

According to reports, this individual was still charged with drunk driving even after Foxworth's blood alcohol content (BAC) registered a reading of 0.00 percent via a Breathalyzer test at the Northfield police station just 15 minutes following his arrest at the checkpoint. Police records show that no blood or urine was taken for a drug test at time, because there was no drug-recognition expert available that evening.

Based on news accounts, Foxworth was driving with two friends when his vehicle was flagged down at a multi-jurisdictional DWI checkpoint along Shore Road around 3am on Thanksgiving morning. As per standard procedures, every fifth vehicle was being flagged and pulled over, according to police. The complaint states that Foxworth was instructed to pull into a secondary check area by Absecon Officer James Laughlin.

According to court records, when Ramsi asked if Foxworth had been drinking he responded no. Ramsi then requested that Foxworth perform several sobriety tests, including various "balance" tests and a "horizontal gaze" test -- the complaint claims that "neither of the tests can accurately provide probable cause for this determination (of DWI)." Foxworth was subsequently arrested and charged with DWI and reckless driving.

It is important to note that in a previous court hearing, in which the charges were dropped, Judge Matthew Powals made sure to enter into the court record that there was "no observed improper behavior" on Foxworth's part.

This is a perfect example of why it is imperative to retain an experienced drunk driving defense lawyer to handle a DWI, drug DUI or breath test refusal case. Charges made are not always accurate, but without proper representation, an innocent person could be convicted of a serious offense, one that could affect that individual's future in more ways than one.

Man with 0.00% blood alcohol content sues over Northfield DWI charge, PressofAtlanticCity.com, August 26, 2009

A recent underage drinking sting operation in Middlesex County shows how New Jersey is trying to crack down on minors buying alcohol. If a young person drives under the influence of alcohol, the police can also charge him or her with underage DWI. New Jersey has a zero-tolerance policy in this regard, which means that it is illegal for an individual under 21 years of age to have any alcohol in their system while operating a motor vehicle. For comparison, the legal limit for adults is 0.08 percent blood-alcohol content (BAC).

As a New Jersey drunk driving defense lawyer, my office represents teenagers and young adults who have been caught drinking and driving. An underage DWI conviction is serious and can affect a person's future in many ways. This is why I always recommend that any young person accused of DWI or underage drinking get professional legal help right away. A recent news report compiled a number of underage drinking and alcohol possession arrests by Madison police.

On September 2 just after 10pm, Patrolmen Kenneth Shannon and Sean Plumstead arrested 18-year-old Matthew B. Faberzak of Farmingdale and charged him with attempted purchase of alcohol while underage. The officers saw Faberzak leaving Rose City Liquors without making a purchase and inquired with the counter person as to the circumstances. Faberzak reportedly presented an ID belonging to a family member but was unable to produce a second form and was denied his purchase. After a brief investigation, officers stopped Faberzak in the Stop and Shop parking lot. Faberzak was placed under arrest and later released pending his court appearance.

On September 3, around 9:30pm, Patrolman James Cavezza arrested 18-year-old Samantha R. Smith of Staten Island, NY, and charged her with attempted purchase of alcohol while under age. According to reports, Cavezza had seen Smith enter Rose City Liquors and believed she was less than 21-years-old. As another officer spoke to the cashier who verified that Smith tried to purchase alcohol with fake ID, she was stopped on Kings Road by Cavezza. Smith was ultimately arrested and later released pending her court appearance.

In the early evening of September 8, Patrolmen Kenneth Shannon and Sean Plumstead arrested 19-year-old Anthony D. Sansone of Clark, NJ, and charged him with underage possession of alcohol. Also arrested was 20-year-old Alex M. Saltzburg of Cherry Hill who was charged with purchase of alcohol while under the legal age. Reports indicate the officers witnessed Saltzburg enter two different liquor stores and purchase a total of 102 keystone cans of beer while Sansone waited in the car. It was later learned that he used a family member's ID to make the purchases. Both were arrested and later released pending their court appearance.

Madison police make arrests for DUI, underage possession of alcohol and attempts to purchase alcohol by underage youths, NJ.com, September 16, 2009

An East Ruther ford man was sentenced to 4 1/2 years in prison by a Morris County, NJ, court on September 18 in the culmination of more than one dozen drunk driving convictions and 78 license suspensions over his driving career. Shaun P. Campbell, 40, was sentenced in Superior Court, Morristown, for the auto wreck in Morris Township that he caused while driving under the influence of alcohol this past April, as well as two other DWIs and driving while suspended he accumulated in Wayne and Pequannock in 2008.

As a New Jersey drunk driving defense lawyer and former municipal prosecutor, I must say that this is one of the most active drunk drivers to come through this state's court system in a while; which is likely why the Morris County Assistant Prosecutor Brian DiGiacomo requested "enhanced penalties" for Mr. Campbell, and why the court obliged by suspending the defendant's driver's license for an astounding 41 years.

Equating the dangers of Campbell's drinking and driving with the actions of a violent criminal, the court held up his 16 DWI convictions and 78 license suspensions as justification for the sentence, which included a 4 1/2-year prison term, more than $9,000 in fines and the near half-century license suspension.

In announcing the sentence, Superior Court Judge Salem Vincent Ahto admonished Campbell by saying, "when you get behind the wheel in a drunken stupor, you become a potential assassin. You earned the right to go to state prison."

Remarkably, through all of his drunk driving episodes, Campbell had never caused a reported injury to another person until April 23. On that day, he veered into opposing traffic and struck, head-on, a pick-up driven by Harold A. Bivins Jr., 48, of Chatham Township. Bivins' 4-year-old daughter, Hannah, was in a child's seat in the pick-up. Neither was seriously injured.

According to reports, Campbell entered additional pleas to driving drunk in Pequannock and Wayne and being an unlicensed driver on both occasions. On both of those occasions he wasn't actually driving but was discovered by police sleeping off bouts of drinking in his vehicle, which he had parked in local auto dealership lots.

Under the sentence, Campbell must serve 18 months in state prison for the assault by auto conviction. The remainder of the time behind bars, for motor vehicle offenses of DWI, driving while revoked, and leaving the scene of the April 23 crash, will be spent in either the Morris County or Passaic County jail.

Defense attorney John Paul Velez made arguments for a probationary term, saying that Campbell never contemplated harm, has been undergoing counseling and wishes to be a spokesman for the Intoxicated Driver Resource Center.

Driver's license revoked for 41 years; Man gets 4 1/2 years in prison, DailyRecord.com, September 19, 2009

A Woodbridge, NJ, man was sentenced to eight years in prison recently for a fatal drunk driving accident that killed a Perth Amboy patrolman. Sean McGuirk, 25, received his sentence in a New Brunswick courtroom on September 17 for the August 2008 crash that killed 31-year-old Thomas Raji and injured two other people. Although there are many kinds of drunk driving charges, as a New Jersey DWI defense lawyer I will say that the most serious cases involve injury accidents and fatal wrecks.

McGuirk's sentence also shows what can happen when a motorist drives drunk and kills a law enforcement officer. This case was tragic and can only serve as a reminder that drinking heavily and operating a motor vehicle are not compatible.

On August 21, 2008, McGuirk was admittedly drunk when he left the Big Shots Bar in Woodbidge and got into his car. According to court records, he had been drinking for four hours starting around 11pm. He said he had "five or six drinks" before leaving for home at about 3:30am. He had testified that he also had alcohol in his car.

Driving south on Green Street, McGuirk ignored the red traffic signals of both the northbound and southbound crossings at the Route 1 intersection, where he broadsided a Perth Amboy police cruiser carrying Raji, another officer and a prisoner being transported to the Middlesex County Jail.

Traveling 45 to 50 miles an hour in a 25-mph zone, McGuirk's vehicle impacted the driver's side of the cruiser. The force of the crash critically injured Raji, seriously injured the 44-year-old Mercurio and caused lesser injuries to the prisoner in the back seat.

Raji was airlifted to Robert Wood Johnson University Hospital in New Brunswick, where he was pronounced dead. The officer, who took much of the impact, suffered brain hemorrhaging, broken arms and ribs and multiple internal injuries.

Mercurio had to leave the police force due to injuries received that day. He reportedly still suffers from a brain injury and double vision, as well as chronic pain from having so many broken bones -- most of the bones in his face were broken and he needed surgery to rebuild his eye sockets.

Following the crash, McGuirk's blood-alcohol content (BAC) was measured at 0.13 percent, considerably higher than the legal limit of 0.08 percent. He was charged with vehicular manslaughter and two counts of assault by auto and driving while intoxicated. The state agreed to recommend the dismissal of aggravated manslaughter as well as two counts of aggravated assault. The state also agreed to recommend a sentence of eight years.

8 years for man who killed cop in crash, ABCLocal.com, September 17, 2009

Death driver hears of lives he wrecked, NJ.com, September 18, 2009

As a New Jersey drunk driving defense lawyer, I defend numerous clients accused of driving under the influence of alcohol. Many of these people made the simple mistake of having a few drinks and then deciding to drive without giving due consideration to their condition. The penalties for driving while intoxicated in New Jersey can be quite hefty, and recently more and more women are finding out what it's like to be stopped for DWI. According to a recent news article, there seems to be an uptrend in the number of female drivers being arrested for drunk driving.

At The Law Offices of Jonathan F. Marshall, we have commented on a number of DWI injury cases involving women. Recently, a Westfield, NJ, woman was charged with second-degree aggravated assault with a motor vehicle for hitting a pedestrian just outside a Lord & Taylor store; she was allegedly drunk at the time.

Another DWI case involving a female driver later occurred in Dennis Township when a grade school teacher was allegedly intoxicated when she hit another vehicle from behind in traffic. According to news reports, this is happening all around the country, not just in New Jersey.

Perhaps television has made afternoon wine-tasting parties look hip and cool, with stay-at-home moms and real housewives sipping chardonnay or mixed drinks with their girlfriends. But the potential aftermath is serious, especially when it comes to injury accidents or worse.

According to a recent article, while four times as many men as women are arrested nationwide for drunk driving, the number of women facing DWI charges increased by 29 percent during the decade that ended in 2007. In that year, 162,493 women were arrested for driving while intoxicated, according to FBI statistics. Surprisingly, arrests of men declined 7.5 percent during the same period.

The good news, if one could call it that, is that fatalities involving women driving drunk are not necessarily skyrocketing. For example, in Virginia the number of highway fatalities attributed to drunk female drivers fell from 50 in 2007 to 34 last year; the number attributed to intoxicated men increased from 235 to 242. And in Maryland, the number of intoxicated women involved in fatal crashes held steady at 16 from one year to the next; the number of intoxicated men dropped from 141 in 2007 to 122 last year.

At any rate, the trend for DWI arrests seems to be up for women. Man or woman, the results can be just as devastating to ones career or family life. This why we always recommend that anyone arrested for drunk driving, breath test refusal, or drug DUI seek the services of a qualified legal professional experienced in DWI defense.

Rise in Drunken-Driving Arrests of Women Deplored, WashingtonPost.com, August 20, 2009

The drunk driving defense lawyers from The Law Offices of Jonathan F. Marshall defend New Jersey Motorists against DWI, breath test refusal and drug DUI charges. The following police reports for communities in Mercer, Middlesex and Somerset counties reflect the types of cases my firm typically handles on a regular basis. A conviction for driving under the influence of alcohol can severely impact a person's current job and future career prospects, not to mention his or her standing in the community, as well as personal and business relationships.

West Windsor

Plainsboro

Continue reading "New Jersey Drug DUI-DWI Update: Police Blotter for Mercer, Middlesex and Somerset Counties" »

A recent three-car accident in Morris County, New Jersey, resulted in an underage DWI arrest on September 10. During his normal patrol, Patrolman Michael Minni noticed what he discerned to be a loud explosion just before noon on Main Street in downtown Madison. Arriving to investigate, Officer Minni happened on three cars involved in an apparent traffic accident. As a New Jersey drunk driving defense attorney, my law firm represents many clients charged with DWI or drug DUI.

When drunk driving leads to an accident with or without injuries, there is always added effort expended by law enforcement personnel to determine the exact cause and nature of the wreck. In this case, the police found that one of the drivers involved in the collision was under the influence of alcohol.

According to reports, a 19-year-old Springfield man failed to stop, rear-ending a vehicle that was already stopped in traffic. The driver, Brian J. Smith, indicated that his passenger, 20-year-old Steven M. Decter, had left the accident scene following the crash. Police arrested Smith and transported him to headquarters for processing.

Smith was charged with driving while intoxicated, underage possession of alcohol, having an open liquor container in a motor vehicle and careless driving. Police subsequently arrest Decter, also of Springfield, who was charged with underage possession of alcohol. Both were later released pending a court appearance.

Although an underage drinking and driving conviction in New Jersey can involve as little as 30 days license suspension -- versus 90 days suspension for an adult DWI -- the future consequences for a young person who is convicted of underage DWI can be significant. Underage drinking and driving convictions can affect future school choices as well as employment opportunities. Underage DWI is serious and should not be dismissed. If a child of yours has been arrested for underage DWI, contact a qualified legal professional immediately.

Madison police make arrests for DUI, underage possession of alcohol and attempts to purchase alcohol by underage youths, NJ.com, September 16, 2009

Summer may be over, but New Jersey's law enforcement agencies are still hard at work looking for motorists who are driving under the influence of alcohol (DWI) or drugs (DUI). A sobriety checkpoint is scheduled for this evening near Belmar, NJ. According to a news report, the Monmouth County drunk driving task force, with cooperation from the New Jersey Division of Highway Traffic Safety, will be pulling vehicles over between the hours of 11pm Saturday night and 3am Sunday morning along the southbound lanes of New Jersey's Route 35 in Belmar.

As a New Jersey DWI defense lawyer, I am very familiar with the police department's use of sobriety checkpoints. Sometimes referred to as roadblocks, they are commonly used to identify drivers impaired by alcohol, or prescription or illegal drugs. As part of these sobriety roadblocks, police usually request drivers suspected of driving while intoxicated to take one or more field sobriety tests.

Also on hand is usually a breath-testing device, like the Alcotest machine, which is used to determine the specific amount of alcohol in a person's bloodstream. The legal blood-alcohol content (BAC) in New Jersey is 0.08 percent.

Anyone who is arrested for DWI, taken into custody for drug DUI, or is issued a summons for breath test refusal is encouraged to retain an experienced drunk driving defense attorney. All of the lawyers 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 NHTSA (National Highway Traffic Safety Administration). Only a small handful 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.

Two DWI checkpoints scheduled in Monmouth County this weekend, APP.com, September 17, 2009

As we slowly transition to fall there is still a great deal of sunshine and warm evenings to enjoy. The persistence of weekend parties and late-night gatherings will likely result in numerous drunk driving arrests throughout the Garden State by local and state law enforcement officers. As a New Jersey DWI attorney, I make it a habit to warn friends and associates to drink responsibly and utilize the services of a designated driver whenever necessary.

Morris County communities were recently in the news regarding police reports of intoxicated drivers stopped for driving under the influence of alcohol and prescription drugs, sometimes even illegal drugs. The following are some examples.

Hanover Township
A recent drunk driving checkpoint netted several drivers charged with DWI by the Hanover police between Thursday, September 3, and the following Friday. News reports describe a 47-year-old man from out of state who was arrested and charged with possession of marijuana and possession of drug paraphernalia, as well as being issued a motor vehicle summons for possession of drugs in a motor vehicle. A second driver, as 37-year-old Wharton resident was stopped and charged with DWI and driving with a suspended license. Finally, a 61-year-old driver from North Caldwell, NJ, was arrested for drunk driving, as well as reckless driving.

An East Hanover resident was arrested for DWI in the early morning hours after she was pulled over for making an illegal turn on Route 10. According to reports, the 27-year-old woman was arrested after failing several sobriety tests, after which she was taken to police headquarters for a breath test. She was released to a friend after receiving summonses for DWI and making an improper turn.

Jefferson Township
A 24-year-old Wantage resident was stopped by police after the woman's car struck a guardrail on September 10. She was arrested by police and charged with driving while intoxicated, as well as receiving numerous motor vehicle summonses. Police reports show that the woman was taken to St. Clare's-Dover Hospital to be treated for minor injuries and was released, pending a municipal court appearance.

A 20-yeal-old local resident was charged with DWI and underage drinking during a motor vehicle stop on Espanong Road on September 7. According to police, the young man was cited and released, pending a court appearance.

Continue reading "New Jersey DWI News: Hanover, Jefferson and Morris Township Police Blotter" »

Complicating a DWI charge in New Jersey with an injury accident is not a good idea. Injuring other passengers in your car or occupants of another vehicle while driving under the influence of alcohol is bad enough, but hurting a pedestrian while driving in an intoxicated state can put you in a very difficult situation. This is why having an experienced New Jersey drunk driving defense lawyer at your side is very important.

Not long ago, a car driven by a local woman struck a Lord & Taylor employee on a pedestrian crosswalk just outside of the department store in Westfield, NJ. The victim, Gina Marotta from Clark, New Jersey, was taken Newark's University Hospital where she underwent surgery for a broken arm, a broken leg and head injuries.

Police investigating the accident alleged that the driver, Leslie Boughner, was intoxicated at the time of the accident. Charged with second degree aggravated assault with a motor vehicle for the August 5 accident, Boughner surrendered herself to the police following the investigation which started hours after the accident.

On the day of the accident, Boughner was issued a summons for DWI and had a blood sample taken to test the amount of alcohol in her system. After reviewing the case, the Union County prosecutor's office came to the conclusion that Boughner "operated her motor vehicle recklessly under the influence of either alcohol or drugs."

The area in which the accident occurred also played a part in the type of charge levied against the woman. Being just one block from Roosevelt Intermediate School the accident technically happened in a school zone, therefore the charges were upgraded to a second degree offense. This is serious and could result in this individual doing jail time should she be convicted. Boughner was released on $20,000 in bail pending a hearing.

At the time of the news report, the investigation was still ongoing. As part of the county's effort to gain more witnesses in the case, police erected a flashing sign on North Avenue asking anyone who saw the accident to come forward. Putting up this kind of sign is common when authorities are looking for a conviction in cases such as this.

Driver Charged, Could Face Jail Time, in Lord & Taylor Accident, Westfield.Patch.com, August 19, 2009

Accidents happen, that's a fact of life. But fatal automobile accidents involving alcohol or drugs is another matter altogether. Last weekend, a 37-year-old man allegedly driving drunk hit a New Jersey family traveling on State Highway Route 9 near the intersection of Bennett's Crossing in Cape May County, killing a husband and father of three.

As a New Jersey DWI defense attorney, I have represented individuals caught up in similar accidents. Fatal auto accidents involving drug or alcohol intoxication receive very close scrutiny by law enforcement authorities. Having a qualified drunk driving defense lawyer working for you is essential in cases like this one. The facts of this particular case are difficult to dispute.

According to police reports, around 8:30 in the evening of September 5, John J. Lawless from Philadelphia was driving in the northbound lane of Route 9 approaching Bennett's Crossing in Lower Township, NJ. News accounts said that his car apparently failed to follow the slight curve in the road. Entering the southbound lane, Lawless struck, almost head-on, an oncoming vehicle driven by 50-year-old Fredrick H. Shelton.

Shelton's car, which was also carrying his wife and their 13-year-old daughter, was struck in the front driver's side, near the front tire. The force of the impact caused Shelton's car to spin partially into the Bennett's Crossing intersection where the vehicle came to rest facing north in the southbound lane of travel. Meanwhile, Lawless' vehicle continued past the intersection and came to rest facing westbound straddling the northbound and southbound lanes.

Paramedics arriving on the scene attempted to revive Shelton using CPR, however they were unsuccessful and the man was pronounced dead not long after. The man's wife, Sheri Shelton, was transported by the Lower Township Rescue Squad to the Atlantic City Regional Trauma Center where she was listed in critical condition following emergency surgery.

The Shelton's 13-year-old daughter was initially transported by the Lower Township Rescue Squad to Cape Regional Medical Center where she was stabilized then air lifted to Cooper Hospital in Camden New Jersey.

According to reports, the suspect had a strong odor of alcoholic beverage on his breath. He was transported to Atlantic City Regional Trauma Center and admitted to the hospital for injuries sustained in the accident. Lower Township Police Officers proceeded to Atlantic City Regional Trauma Center and retrieved blood samples from Lawless as part of the investigation.

According to new reports, Lawless' Pennsylvania driver's license has been suspended since 2001 and he had multiple arrests for driving while intoxicated in that state. Police have charged Lawless with one count of death by auto and two counts of assault with a motor vehicle. In addition, he has been charged with DWI, operating a motor vehicle with a suspended drivers license, reckless driving, and failure to maintain a single lane.

Man charged with DUI, vehicular homicide, ABCLocal.com, September 14, 2009

It's not unusual for New Jersey drivers to be stopped for drunk driving if they exhibit signs of intoxicated driving. Some of these signs include failure to stay in one's lane, excessive speed, driving markedly below the posted speed limit, careless driving, erratic vehicle operation, etc. Of course, many of these can also be attributed to other situations not involving drinking and driving. For this reason alone, as a New Jersey drunk driving and drug DUI defense attorney, I can say that not every traffic stop results in a DWI summons.

There are cases where the police will stop a driver based on observations of the person's vehicle, then submit the individual to a field sobriety test if the officer believes that driver is intoxicated. Everyone deserves the opportunity to have their day in court. Retaining an experienced DWI attorney is the first step toward contesting a drunk driving summons or breath test refusal. The following are several examples of recent DWI and drug DUI arrests in the local area.

A 46-year-old man from Matawan was pulled over for straddling the dashed white line and driving in both eastbound lanes on Amwell Road in the early morning hours of August 16. Police reportedly charged the man with driving while intoxicated and failure to maintain the lane. After being taken into custody, the man failed several field sobriety tests. Officers took him to police headquarters where he was found to have a blood alcohol level of 0.20 percent -- nearly three times the legal limit in New Jersey.

Following a call by a local resident who reported being woken up by a crash in front of his house, police responded to an alleged hit-and-run accident in Deer Path. According to reports, the caller told police that he heard the sound of a vehicle driving across the yard. The car belonging to a 20-year-old Deer Path man reportedly had jumped the curb and struck a tree in a neighbor's yard, before traveling across the driveway and grass. The driver was later found in his vehicle parked in his garage, along with evidence that the car had recently been in an accident. Police took the man into custody after he failed several field sobriety tests. At police headquarters, he was found to have a blood alcohol level of 0.11 percent. He was charged with DWI, failure to keep right, reckless driving, leaving the scene of an accident, failure to report an accident and underage consumption of alcohol.

Continue reading "New Jersey Drunk Driving News: Hillsborough Township DWI Police Blotter" »

August is always a busy time for law enforcement agencies and police departments in Morris and Sussex counties. Dozens of motorists are arrested every month on charges of driving while intoxicated (DWI) or operating a vehicle under the influence of prescription or illegal drugs (DUI). Alcohol and driving don't mix, but occasionally individuals make mistakes. When it comes to drunk driving, those mistakes can be costly, not only in monetary terms, but also in terms of the negative impact a DWI conviction can have on one's social and work life.

As a New Jersey drunk driving defense lawyer, I have represented may clients who have made the mistake of drinking too much and getting into a vehicle. For most of them, it is the first and last time they do that. Whatever the reason, anyone who is pulled over for driving under the influence of alcohol or prescription drugs, I highly recommend that he or she seek profession legal advice from a qualified DWI defense attorney.

The following entries are typical examples of what happens when law enforcement officers encounter drivers that exhibit characteristics of drunk driving.

Morris County
In what likely was a case of underage DWI, Police were called to a Boonton Township residence on August 8 just before 3am by homeowners who were awakened by loud noises on their roof. The homeowner went outside before police arrived and saw several juveniles throwing eggs at his home. Upon seeing the homeowner, the juveniles drove off in an unidentified vehicle. When police did arrive, officers found several empty beer cans and empty egg cartons in the area.

A potential drug DUI situation reportedly involved three people parked in a vehicle in front of a vacant home on Rockaway Drive in Boonton on August 13. Police encountered the group in the late evening hours. Approaching the vehicle, Officers detected the odor of burnt marijuana coming from the car. They also saw a plastic bag containing marijuana in the rear passenger area. Police arrested the three individuals -- a 20-year-old from Parsippany and two 19-year-olds, one from Morris Plains and the other from Boonton Township -- and charged them with possessing less than 50 grams of marijuana and drug paraphernalia. Two marijuana pipes were also confiscated.

Continue reading "New Jersey DWI News: Morris County / Sussex County Police Arrest Log" »

I've said it here before, but I'll say it again. As a former municipal prosecutor I find it hypocritical for anyone in law enforcement or the judiciary to act in a manner that suggests they believe themselves to be above the very laws to which they hold the rest of society. Being a New Jersey DWI defense lawyer, I work with municipal judges everyday when representing clients who have been charged with driving under the influence of alcohol.

Any police officer, prosecutor or judge who doesn't live up to the same standards he or she sets for the rest of us doesn't deserve our respect. This all came to mind upon reading a news report covering the recent arrest of a Bridgewater municipal court judge on drunk driving charges in Lavalette, NJ.

Police reports indicate that the car Rizzolo was driving was observed swerving on Route 35. Officers from the Lavallette Police Department pulled Rizzolo over, after which he explained his actions were caused by a ringing cell phone. The patrolman advised the judge that he was going to administer several field sobriety tests, including a balance test, which Rizzolo refused to take due to a bad back and injured ankle.

According to reports, Rizzolo passed two other field sobriety tests. Soon after, he shouted that his heart hurt and had to be carried out of the police car. He further refused to submit any breath samples at the police station, nor blood samples at Community Medical Center in Toms River, where he was taken after he started to gag, according to reports.

Based on news articles, Rizzolo reportedly served as municipal prosecutor in Raritan Borough, Somerville, Franklin (Somerset) and Bound Brook. During his tenure he prosecuted more than 750 cases involving charges of driving under the influence. According to a 2008 interview about his appointment to the Bridgewater bench, he stated that he never lost a case at trial.

Rizzolo now must face a prosecutor and judge himself as he is scheduled to appear on September 22 in Lavallette Municipal Court. The charges are numerous, including driving under the influence of alcohol, obstruction of justice, failure to maintain lane, reckless driving, refusal to submit a breath sample and a violation of a municipal loud and unusual noise ordinance.

As for his judgeship, news reports say that Township Administrator James Naples received Rizzolo's resignation on Tuesday, September 1, four months before his term was to expire. Taking on Rizzolo's duties for the time being is Judge William Kelleher Jr., the other municipal court judge in the township. For now, township officials will review the court's needs on a month-by-month basis to decide whether or not a second judge needs to be hired in the interim.

Bridgewater municipal court judge facing DWI charge resigns, MyCentralJersey.com, September 2, 2009

Being accused of drunk driving in New Jersey is a serious matter. Being charged with DWI as an out-of-state driver only complicates an already difficult situation. As New Jersey drunk driving defense attorneys, my firm is well versed in handling DWI cases for non-residents of the Garden State. A recent news article gives an example of how bad the situation can get for an out-of-state motorist arrested for driving while intoxicated. Fortunately there were no serious injuries or fatalities, which could have made things much worse.

According to police, a 22-year-old man was allegedly driving under the influence of alcohol when he hit two parked cars in Avalon, NJ. Police say that the Michael G. Leonard, a Pennsylvania resident, then proceeded to drive his 2006 Mazda sedan off the roadway and into a nearby driveway where the vehicle struck two additional cars. Upon reentering the roadway, according to authorities, Leonard hit three more vehicles. The incident involved a total of eight vehicles, including the suspect's, being damaged.

The entire event occurred in the early morning hours of Saturday, August 15 on the 1800 block of Ocean Drive in Cape May County. Receiving a call from local residents of a multi-car accident, police arrived at the scene and arrested Leonard for driving while intoxicated as well as careless driving. No other people were injured, although the man was taken to Cape Regional Medical Center in Court House, NJ, for treatment of minor injuries and released.

Motorists do not serve themselves well by drinking and driving. Incidents like the one reported here stand out in the eyes of local law enforcement authorities as well as the municipal courts that try such cases. Being a New Jersey DWI lawyer and former prosecutor myself, I know how the authorities approach a case like this one, which allows me and my firm to provide a comprehensive drunk driving defense for residents and non-residents alike.

Pennsylvania Man DWI Damages Eight Cars in Avalon, capemaycountyherald.com, August 17, 2009

If you don't think a drunk driving arrest can affect your livelihood or way of life, just take a look around. There are many people whose lives have been turned upside down due to a DWI or DUI conviction. As a New Jersey DWI defense attorney, the lawyers in my firm have a great deal of experience defending hard-working people all across the Garden State. Consider the case of a grade school teacher who lost her job as a result of an accident she allegedly caused while driving under the influence of alcohol.

According to news reports, Alicia M. Pickul, a resident of Hammonton, NJ, was arrested by police in mid-July following an accident in Dennis Township. Police reports indicate that the 27-year-old elementary school teacher was driving her Honda Accord westbound on Sea Isle Boulevard when she allegedly hit an Isuzu Rodeo from behind. The Isuzu, driven by Alexa Zauck, was traveling in the same direction as Pickul's Honda.

Following the impact, the Rodeo crossed into the eastbound lane, overturned and rolled into an adjacent wooded area. Zauck and her passenger, Tracey Ruffino, were both trapped inside their vehicle until emergency crews from the Ocean View and Dennis Fire Departments arrived at the scene.

Zauck reportedly was transported to Cape Regional Medical Center by Sea Isle Ambulance Corps for minor injuries. Ruffino was airlifted to Cooper University Trauma Center in Camden by South Star medevac where she treated for serious injuries.

According to the police, Pickul's blood alcohol content at the time of the accident was 0.21 percent. She was charged with driving while intoxicated and assault by automobile. Although the accident was still under investigation and Pickul has not yet had her say in court, published reports show that administrators at the Folsom Elementary School where she taught first grade fired Pickul as of July 28.

Drunk Driving Arrest Cost 1st Grade Teacher Her Job, CapeMayCountyHerald.com, August 27, 2009

Everyday, New Jersey motorists are stopped by local and state police for drunk driving offenses, as well as driving under the influence of prescription or illegal drugs. As a New Jersey DWI and drug DUI defense lawyer, I and my staff of attorneys and experienced legal professionals work diligently to defend drivers wrongly accused of driving under the influence of alcohol and other substances. The following news items represent the types of cases we handle on a day-to-day basis.

East Rutherford
A Hackensack man was arrested on August 11 in the late evening for drunk driving, breath test refusal and careless driving. The 57-year-old was picked up after he was involved in an accident on Swan Court. The driver's 1990 Mercury was impounded and he was later released to the custody of his daughter.

A man in his late 50s was arrested on July 24 for possession of cocaine, having an expired inspection sticker on his vehicle, possession of drugs in a motor vehicle and operating a car with an open container of alcohol. The arrest occurred after the man was stopped at a DWI checkpoint on Paterson Avenue and Everett Place. He was subsequently released on summonses to his wife.

A 39-year-old from Rochester, N.Y., was arrested on August 11 in the early morning hours after he made an illegal U-turn on Route 17. The man was stopped by a patrol car and charged with DWI, refusal to submit to a breath test, illegal U-turn, careless driving and failure to signal. The driver was held in the local jail until he was deemed sober.

North Arlington
An 18-year-old, 19-year-old and 16-year-old juvenile, all from Kearny, were arrested in the early morning of July for possession of marijuana. The arrest occurred following an inquiry at Fisher Field off Sixth Street where police reportedly found a large quantity of cigar materials and marijuana on the pavement in the park, plus two bags of marijuana in the suspects' car. The adults were released on summonses and the juvenile was released to his parents.

A 39-year-old man from North Arlington was arrested on July 25 for drunk driving, refusal to submit to a breath test, failure to keep right and careless driving. The traffic stop happened on Sunset and Prospect avenues. According to reports, the man's car was impounded and he was subsequently released to a responsible party pending a court appearance.

Continue reading "Bergen County, NJ, Police Blotter: DWI and Marijuana / Drug DUI News" »

Representing motorists charged with DWI, my staff of drunk driving defense lawyers cover much of the New Jersey area including Middlesex County. Recently, I noticed a news article that stated East Brunswick police would be working undercover in local liquor stores as part of a federally-funded effort to catch underage drinkers.

If any of those youngsters gets in a car and drives under the influence of alcohol, the police can also charge them with underage DWI. When is comes to underage drunk driving, New Jersey has a zero-tolerance policy. While the legal limit for blood-alcohol content (BAC) in an adult driver is 0.08 percent, New Jersey statute N.J.S.A. 39:4-50.14 makes it illegal for an individual under 21 years of age to have any alcohol in their system while operating a motor vehicle.

Although it is illegal for anyone under 21 to have any trace of alcohol in their system, the monetary penalties and suspension period for underage driving while intoxicated are less severe than for adults facing similar charges. An underage drinking and driving conviction in New Jersey can involve as little as 30 days license suspension, however the minimum suspension for an adult DWI is 90 days.

More importantly, if a young person is convicted of underage DWI, DUI or breath test refusal, the impact can be even more significant for a child versus an adult. An underage drinking and driving charge is serious and should not be dismissed. If a child of yours has been arrested for underage DWI, contact a qualified legal professional to handle their case.

In regard to the latest sting operations in and around East Brunswick, the program has been dubbed "Cops in Shops," and will continue throughout 2010 with officers posing as customers or employees at local liquor stores throughout the township.

Reportedly, all four of the township's package liquor stores have agreed to participate in the program and will post fliers warning buyers that undercover officers may be nearby. East Brunswick has received $6,000 in federal funds to pay for the assignments, which are also meant to catch adults who buy alcohol for youngsters.

According to news reports, East Brunswick police made 57 arrests for underage drinking in 2008. That included arrests for drunk driving as well as underage drinking at house parties. The number of arrests for underage drinking in 2007 totaled 76, while there were only 60 in 2006.

East Brunswick cops go undercover to catch underage drinkers, DailyRecord.com, August 29, 2009