New Jersey DWI Lawyer Blog

Montclair
A resident of Wayne, NJ, was stopped by police just after 12am on September 21 for allegedly running three stop signs. As a drunk driving defense lawyer with offices throughout New Jersey, I know that this kind of behavior is difficult to explain simply. However, my firm has represented many individuals arrested for DWI under similar circumstances, which is not uncommon.

According to police reports, the 44-year-old man was driving a 2006 Honda CR-V when he was pulled over by law enforcement officers at Valley Road and Church Street. Officers reportedly could smell alcohol on the man, who also exhibited other signs of possible intoxication, police said. When asked, the suspect explained that he had consumed two beers at a local bar earlier that evening.

Officers asked the driver to exit the vehicle and take several field sobriety tests. According to the report, he staggered as he got out of the SUV and then failed the tests. He was subsequently taken into custody and issued summonses for DWI and reckless driving, as well as failure to stop, and not wearing a seatbelt.

Morris Township
A 21-year-old local woman was recently arrested and charged with DWI following a motor vehicle accident on Washington Valley Road just before 4am. According to reports, when asked by a tow truck driver called to tow a 2008 Honda involved in a single car accident, the suspect said that she got into an accident at approximately 2am but hadn't reported it to police.

According to police, the woman told responding officers that she ran off the road trying to avoid a deer. However, because she showed signs of intoxication, and then failed several field sobriety tests, she was arrested for DWI, careless driving and failure to report an accident to police.

Mount Olive
Another 21-year-old female was arrested recently following a routine traffic stop for an expired vehicle registration. After stopping the vehicle along Route 46, police observed a glass pipe commonly used for smoking marijuana in the car's center console, according to police reports. The pipe allegedly contained suspected marijuana residue. The woman, a resident of North Bergen, was transported to police headquarters where she was charged with possession of CDS marijuana, possession of drug paraphernalia, expired registration and failing to exhibit her driver's license and released pending a municipal court hearing.

Pequannock
A Pompton Plains man was charged with driving while intoxicated during an early Sunday morning after police responded to a report of an individual asleep behind the wheel at Jackson Avenue and Route 23. Officers found a 2004 Honda Civic facing west on Jackson Avenue, approximately 15 feet from the intersection, with the driver asleep and the vehicle in drive shortly after 3am, police said. After numerous attempts to wake the driver, he finally woke and was directed to put the vehicle in park and turn the ignition off, police said.

Police news briefs, MontclairTimes.com, October 1, 2009

Comedian Artie Lange who was involved in a minor Ocean County car accident last July recently pled guilty in Toms River municipal court to drug DUI charges, according to news reports. The comic, who has made frequent guest appearances on Howard Stern's radio show, admitted to driving under the influence of a habit-producing drug in a minor traffic accident. The accident happened about 40 miles southeast of Trenton, NJ.

Whether it's DWI or drug DUI, it is always important to have an experienced New Jersey drunk driving defense lawyer at your side. In Lange's case, he admitted to being under the influence of legal prescription sleeping pills that he had taken the night prior to the wreck. Municipal court judge, James Ligouri, revoked the comic's driving privileges for seven months.

The events leading up to this point were covered extensively in the media. Essentially, Toms River police arrested Lange for DUI after the 2009 Nissan Sentra he was driving ran into the back of a Pontiac Grand Am during in the afternoon of July 16.

News reports at that time said that Lange was on his way to a promotional event for his best-selling book, "Too Fat to Fish." While it well known that Lange has had trouble with substance abuse over the years, from prescription medicines and alcohol to heroin, the crash was not especially serious and resulted in no injuries, according to reports. Officers on the scene did note Lange's odd behavior following the incident and decided to arrest him anyway.

At the time, Lange had passed an Alcotest breath test, which ruled out alcohol but said nothing about his possible impairment due to drugs in his system. Now with Lange's guilty plea, he has been prohibited from driving for the next seven months.

The professionals at The Law Offices of Jonathan F. Marshall have a wide range of experience representing clients charged with both drug DUI and DWI, as well as breath test refusal. As a former prosecuting attorney myself, I understand the techniques employed by the state and local authorities in cases such as this, which is why individuals seek my firm's services time and time again.

Comic Artie Lange Pleads Guilty To DUI In NJ, AccessHollywood.com, October 1, 2009

The east side of Red Bank, NJ, was the site of a police chase following an initially unsuccessful DWI traffic stop. According to reports, Captain Darren McConnell of the Red Bank traffic safety unit identified a Chevy pickup moving erratically around 2am on Saturday, September 26, just prior to running a stop sign at Wallace and McLaren streets.

As a New Jersey DWI defense attorney having defended numerous motorists charged with driving under the influence of alcohol, this is a typical scenario for an early morning drunk driving arrest. However, fleeing a police officer only complicates matters for a defendant accused of driving under the influence. In this day and age, there is no sense to making matters worse by adding resisting arrest to the list of charges.

In this case, Captain McConnell attempted to pull over Jesse Rowe, 21, who was driving his vehicle in an allegedly erratic manner. As McConnell started to pull Rowe's truck over the suspect accelerated away in an apparent attempt to evade arrest. Pursuing Rowe eastbound on McLaren Street, then north on William Street and east again on Mechanic, the entire chase was less than a half mile, according to police reports.

After finally bringing his vehicle to a stop, Rowe reportedly got out of the vehicle and tried to flee on foot. However, he was caught after a short distance by McConnell, who subdued the man after a brief struggle. The arrest was made near the intersection of Mechanic Street and Prospect Avenue, not far from the suspect's Mechanic Street residence, police reports show.

Rowe was charged with DWI, possession of under 50 grams of marijuana, eluding police and resisting arrest. Bail was set at $10,000 and he was placed in the Monmouth County Correctional Facility in the interim.

Cop Nabs DWI Suspect after Short Chase, RedBankGreen.com, September 28, 2009

I've said it here before. As a New Jersey DWI defense lawyer, I have little patience for any malfeasance on the part of law enforcement officers or members of the prosecutor's office when it comes to upholding the laws that they are responsible for enforcing. Every individual accused of drunk driving or other alcohol-related offense should be treated equally without favor or discrimination. A recent news story about a couple police officers from the Randolph Township police department brought this to mind.

According to reports, former officers Shawn Boyhan and Stephen J. Kepler appeared in a Morristown courtroom on October 19 having been accused of destroying, concealing or altering official records. The two were forced to give up their jobs with the township, put on probation for one year and ordered to perform community service for trying to cover up the drunk-driving arrest of a fellow officer's relative.

The 31-year-old Boyhan entered a conditional guilty plea, saying that after he stopped a motorist on August 21 he learned the driver was related to another Randolph police officer. Boyhan said he spoke with Kepler, 49, and decided to "unarrest" the motorist and let him go. No breath tests were conducted and no paperwork filled out.

According to new reports, Boyhan then asked an officer serving as dispatcher to remove the record of the DWI arrest from a computer-aided dispatch (CAD) record.

Superior Court Judge Thomas V. Manahan accepted Boyhan into Morris County's Pre-Trial Intervention program (PTI), placed him on probation for one year and ordered him to perform 250 hours of community service. Boyhan had to resign from Randolph and can never work a law enforcement job in Morris County again. But he may, after PTI is done, apply for a police job outside the county. Based on Boyhan's conditional guilty plea, if could face up to 18 months in prison if he violates his probation.

Kepler, who has been on Randolph's force for 25 years will be allowed to retire and cannot hold a law enforcement job in the county again. He also was accepted into PTI but, unlike Boyhan, was not required to admit any wrongdoing. He was put on probation for one year and ordered to complete 75 hours of community service.

Kepler's pension attorney said he expects the now-ex-officer to collect his full pension, since the offense occurred after he accrued at least 25 years in the system.

It should be obvious that police officers have an obligation to treat all offenders that same regardless of the suspect's relationship to another officer. They also know that altering and manipulating official records to cover up any fact is wrong and constitutes a violation of law as well as ethical police practices.

DWI cover-up costs 2 Randolph cops jobs, DailyRecord.com, October 20, 2009

Every month dozens of drunk driving and drug DUI arrests occur in Morris Township, NJ, as well as across the Garden State. Police departments and state law enforcement agencies have a very low tolerance for driving while intoxicated. As an experienced New Jersey DWI defense attorney, my firm has defended hundreds of motorists accused of driving under the influence of alcohol. Many of their DWI stories are reflected in the various news reports shown below.

Morris Township
A 35-year-old local man was stopped by police after he was observed driving his 1997 Ford erratically and at high speed along Madison Avenue around 10pm on a Saturday evening. Upon pulling the driver over, police said he showed clear signs of drunkenness. According to reports, when the patrolman attempted to place the driver under arrest, he allegedly resisted. Additional officers were called in and the suspect was subdued and taken into custody. He was taken to headquarters where he refused to provide breath samples. Police charged him with breath test refusal, resisting arrest, failure to stop when signaled by police, failure to change address with the DMV, failure to keep right, improper passing and reckless driving, police said. He was released pending further court action, police said.

A middle-aged female resident from Long Valley was stopped by police after witnesses reported a possibly drunk driver in a white Pontiac coupe leaving the area of the Convent Train Station. Police observed the suspect's vehicle on Madison Avenue and followed it onto I-287 South. According to police, the vehicle exited onto Harter Road and almost struck the curb and failed to stop at the end of the ramp. Police pulled the woman over on Mount Kemble Avenue and Deyong. The 51-year-old driver showed signs of intoxication, according to reports, and she was subsequently arrested and charged with DWI and failure to observe a stop sign. She was released to a friend pending further court action.

A 27-year-old resident of Morristown was stopped by police after officers observed a 2002 Ford allegedly tailgating and weaving between lanes on Interstate 287 North at about 2am on a Sunday. According to police, the male driver was charged with careless driving, improper passing and tailgating. He was released to a friend pending a court appearance.

An Oak Ridge, NJ, man was arrested and charged by law enforcement officers for driving while intoxicated on Interstate 287 North just after midnight on a Saturday morning. According to police, a 2003 Saturn was observed weaving on the northbound side of highway 287. Following the traffic stop, police charged the 53year-old motorist with reckless driving and failure to maintain lane, police said. He was later released pending further court action.

Police Blotter, DailyRecord.com, October 14, 2009

New Jersey motorists charged with drunk driving may be surprised to learn that blood alcohol content (BAC) measuring devices such as the Alcotest machine can return falsely elevated BAC readings that don't reflect an individual's actual state of sobriety. As a New Jersey DWI defense attorney, I find that a percentage of people charged with driving under the influence of alcohol were not actually legally drunk due to faulty breathalyzer results.

Body weight, time since you last drink and other factors can greatly affect the results of the Alcotest device, a breathalyzer machine commonly used by New Jersey law enforcement agencies. One unexpected cause of false readings can be smoking tobacco.

There is some research that points to smokers as having a greater chance of being accused of DWI due to high BAC readings from a breath test. Actually, breathalyzers like the Alcotest machine don't really measure alcohol. Their design is such that they detect any compound containing the molecular structure of compounds in the methyl group -- which these devices take to be alcohol. This is extremely important for motorists who smoke, because these machines cannot distinguish the difference between alcohol and acetaldehyde.

For those without a medical degree, acetaldehyde is a compound produced by the liver in small amounts as a by-product in the metabolism of alcohol. Surprisingly, scientists have found that acetaldehyde concentrations in the lungs of smokers can be greater than that of non-smokers, many times much greater.

This is why it is quite possible that a smoker arrested for drunk driving based on a breathalyzer test is much more likely to have a falsely high BAC reading. It has also been discovered that cigarette smoking can influence the human body's absorption of alcohol.

Research on smokers found that venous blood alcohol concentration-time curves between zero and 30 minutes and 60 minutes and the peak BAC were significantly less during the smoking period compared with the non-smoking period. This scientific study concluded that the effect of smoking on alcohol absorption has "considerable social and medicolegal relevance," and that the ingestion of nicotine should be taken into account when dealing with legal issues involving alcohol metabolism.

This is only one more reason that anyone charged with DWI should consult with a drunk driving defense lawyer as soon as possible to discuss his or her case. There is never any reason for throwing in the towel just because a machine says you were drunk.

Alcohol-related injury accidents are one of the more serious types of DWI-related traffic offenses. Recently a Hackensack, NJ, resident was charged with driving while intoxicated and as well as allegedly causing a two-car crash on the Garden State Parkway that resulted in injury to the suspect, his passenger and the driver of a second vehicle. As a New Jersey drunk driving defense lawyer, my firm has represented people who have found themselves in similar circumstances.

According to reports, the accident occurred a little after 10pm on Friday, September 25 in Ocean County around the 74-mile marker on the Garden State Parkway. Police reports show that 40-year-old John Twomey was driving southbound in his 1996 Infiniti with Kevrye Lantigua, 18, from Perth Amboy.

The investigation was still underway at the time of the news report, however it appears that Twomey's vehicle struck a second vehicle driven by Christine Doran, a 35-year-old resident of Barnegat. Authorities say that emergency responders tending to the victims noticed the scent of alcohol on Twomey's breath, as well as open containers of alcohol were in the Infinity. According to police reports, the man admitted to drinking Bacardi rum while in the vehicle.

All three people were injured in the accident. Doran was treated at the scene and then transported by ambulance to Southern Ocean County Hospital in Stafford, NJ. Twomey, who sustained back and neck trauma, was airlifted to AtlantiCare Regional Medical Center. He was listed in good condition at the time of the report. Towmey's passenger was airlifted to Jersey Shore University Medical Center in Neptune, New Jersey, with head trauma. By the time of the news report, Lantigua, had been discharged from the hospital.

Man charged with DWI in Parkway crash that injured three, APP.com, September 28, 2009

Based on a recent poll found on AAA Mid-Atlantic's website, 61 percent of respondents said individuals with first-time drunk driving convictions should be required to have a breathalyzer-ignition interlock device installed on their vehicle. A larger 85 percent felt that an ignition interlock should be mandatory only for subsequent offenses. As a New Jersey DWI defense attorney, I have represented clients charged with driving under the influence of alcohol, many of whom were unjustly accused due to inaccuracies inherent with breath testing machines.

The point here is that vehicle-installed breath testing devices are not necessarily more accurate, or even as accurate as the units used by law enforcement. Yet judges are requiring many people convicted of drunk driving to have these interlock devices installed. The problem I see going forward is how accurate can the in-car units be when the validity of the more expensive and complicated Alcotest and other breath-testing machines have recently been called into question?

From the results of the AAA poll, it would appear that popular opinion is tilted against those accused of driving while intoxicated, and there is no doubt that New Jersey drivers charged with a DWI offense face rather stiff penalties. But to be judged fit to drive by a possibly less accurate machine may be a burden itself.

Earlier this year, in an effort to establish the effectiveness of breathalyzer devices, New Jersey's Supreme Court ordered the breath testing machine manufacturer, Draeger, to give up the code that its products -- such as the Alcotest device -- use to determine blood alcohol content (BAC).

After two reviews, it was found that the Alcotest software was actually below quality standards and potentially unreliable. Since the Alcotest device does not directly measure a person's blood (which, by the way, is the most accurate method to determine BAC) the machines must rely on their internal software to accurately analyze the alcohol particles present in a suspect's breath. It was suggested that poor coding and faulty software could lead to a higher BAC reading.

Knowing this much, is it possible that the breathalyzer-ignition interlock devices have better or worse quality and accuracy? Without direct scientific evidence, it would be hard to tell, but relying on them to monitor the sobriety of convicted DWI offenders may not be the best solution. Rather than take your chances on modern technology, it's best to employ the services of an experienced drunk driving defense attorney and possibly avoid the question altogether.

I colleague was able to achieve an excellent result in a DWI case recently. In this regard, the defendant had a blood alcohol content of .115 while striking a pedestrian. The rub is that the pedestrian was also intoxicated, possessing a BAC of .26. The allegations were that the deceased walked into oncoming traffic with little to no warning. A grand jury refused to indict the defendant on a felony offense of death by auto so the case was remanded to municipal court. The defendant was found guilty of DWI and was sentenced to thirty (30) days in jail. The Asbury Park Press reported this weekend that the defendant's appeal of the sentence was denied.

Following the initial ruling in this matter, I received several offensive comments on my blog, as well as emails of similar attack. I assume that the related individuals felt we were a good target to voice displeasure given our prominence as NJ DWI Lawyers. While it might be hard for the complaining individuals to accept, causation is a requirement in order to hold an individual criminally accountable for death by auto. An indictment was not returned in this case because a Grand Jury panel of citizens heard the evidence and simply found that, although the defendant was intoxicated, he was not the cause of the fatality. The driver was therefore not indicted. Notwithstanding, the defendant is going to jail for thirty (30) days.

I certainly understand a level of frustration on the part of some given the fact that the defendant was intoxicated, however, the law cuts both ways. The defendant here was not guilty of assault by auto and therefore the most that could be imposed in terms of jail was significantly limited. The municipal court judge found that thirty days was appropriate. The situation could have gone much different but the facts simply did not support such a result.

Drivers across the New Jersey area, including Middlesex, Monmouth, Ocean and Atlantic counties, may see an increase in police presence on the state's highways and surface streets during this coming Saturday, October 10. In a nationwide campaign known as "Put the Brakes on Fatalities Day," law enforcement agencies will be out in force looking for traffic violations and targeting zero fatalities for one full day. This effort may include sobriety checkpoints in various areas.

As a citizen of New Jersey, as well as a DWI defense attorney, I am always happy to see traffic deaths decrease. However, I know that some motorists can get a raw deal from local and state police during campaigns such as this. That is why I always encourage people arrested for drunk driving to contact a legal professional for advice and counsel.

According to news reports, "Put the Brakes on Fatalities Day" will see police departments statewide emphasizing and enforcing all traffic laws, including seatbelt usage, obeying the posted speed limit, avoiding distractions such as cellphone use while driving, and not getting behind the well when intoxicated.

Police data show that 591 individuals died in traffic accidents in New Jersey just last year. While this number may seem high, it represents a 19-percent decline from 2007, and also marks the lowest number of recorded motor vehicle deaths in the state since 1948, according to reports.

As with last year's campaign, law enforcement agencies throughout the state will be reporting crash information -- such as total number of crashes, injuries crashes and fatalities -- for the 24-hour period of October 10. Police will convey that information to the Division of Highway Traffic Safety, the state's lead traffic safety agency. The division will then compile and post this information on its website.

Approximately 66 percent of the 496 police agencies in the state, as well as the state police, reported crash data following last year's "Put the Brakes on Fatalities Day." A total of 1,065 crashes took place in New Jersey on that day, resulting in 201 injuries and two fatalities.

Lower Township Police promote annual Put the Brakes on Fatalities Day, ShoreNewsToday.com, September 24, 2009

In seeming reaction to the recent sentencing of Shaun P. Campbell, the 40-year-old East Rutherford resident with 16 convictions for driving while intoxicated and nearly 80 related license suspensions to his name, the New Jersey media and public are apparently fed up with any individual having multiple drunk driving convictions on his or her record. As a New Jersey DWI defense lawyer, I know what these folks are going through.

As a drunk driving defense attorney, I also know that some people are less cautious than others and never consider the implications of driving drunk, even if it means just a couple beers. This is why I encourage my friends and family to always have a designated driver for those times when a celebration becomes too exuberant.

According to a recent editorial, the media may be calling for more strict sentencing and harsher laws to keep repeat DWI offenders off public roads. Campbell, who is now going to jail for almost five years as a result of his most recent DWI-related traffic accident, will also have to pay more than $9,000 in fines. Campbell's latest license suspension means he won't be eligible to drive legally until he is 81 year old.

As Mr. Campbell's case demonstrates, the law had been unable to keep him off the road. Now the question people are asking themselves is how can the legal system keep people like Campbell from driving illegally again?

One solution is lengthy jail terms for repeat offenders. Legislators may feel that harsh sentencing is the only way to prevent repeat drunk driving offenders and those who demonstrate little respect for the law from operating a vehicle.

Currently, drivers convicted of DWI can be sentenced up to 30 days for a first-time offense. A second offense carries a prison term from 48 hours to as much as 90 days, while a third DWI brings a 180-day sentence (which can be reduced with community service). New Jersey also requires multiple DWI offenders to have a breathalyzer-ignition interlock device installed on their vehicles under certain circumstances. These interlock devices prevent the vehicle from being started until the driver blows into a breath test device which must register a blood alcohol content (BAC) reading below the legal limit of 0.08 percent.

The shear strength of the public's outcry for stronger drunk driving laws has resulted in a bill currently working its way through the New Jersey state legislature that would amend the current law to require first-time offenders to install one of these devices after being convicted of having a blood alcohol content of 0.15 percent or above. Ocean County Assemblymen James W. Holzapfel, Brian E. Rumpf and David W. Wolfe are among the co-sponsors.

Stiffen penalties for DWI offenses, APP.com, September 22, 2009

As a New Jersey drunk driving defense attorney I have seen the lengths to which local and state law enforcement agencies will go in an effort to catch people driving under the influence of alcohol and prescription drugs. A recently article quotes the National Motorists Association as saying that Warren County, NJ, is possibly using speed traps to catch unwary drivers. The message here is that a speed trap can catch more than leadfooted motorists, it can also lead to other traffic arrests, such as DWI, as well as drug DUI and possession charges.

According to reports, postings on the National Motorists Association talk about a website that points to Oxford Street in Belvidere, New Jersey, as a hotbed of speed trap activity in Warren County. The website, SpeedTrap.org, claims New Jersey is worst state in the union for "hitting motorists in the pocketbook" for driving too fast.

Naturally, with speed enforcement comes drunk driving and other types of enforcement. The article goes on to explain that the information on the SpeedTrap.org web site, also known as "The Speed Trap Exchange" is provided by visitors to the site, who can post info on what they believe to be speed traps. According to the National Motorists Association, they cannot attest to the validity of these listings.

With regard to the Warren County, the speed traps identified include Oxford Street in Belvidere, Route 517/High Street in Hackettstown, Morris Street in Phillipsburg and Route 57 at the Washington Township/Washington Borough border. According to the website, "Belvidere police like to sit in the school parking lot and catch people as soon as they come into town on County Route 623 which turns into Oxford Street. The speed limit is 45 MPH then drops to 25 MPH as soon as you get to the top of the hill. The police sit at the bottom of the hill where you can't see them until it's too late."

While a number of states in the U.S. have laws specifically limiting the use of so-called speed traps, commonly understood as areas where local authorities have altered a posted speed limit along highways or other roadways that pass through multiple jurisdictions, New Jersey itself does not have any "anti-speed trap" laws. However, as the National Motorists Association explains, the New Jersey State Police "have a policy not to set up within a mile of a speed zone change (typically 65/55 mph highways)."

Regardless, if you or someone you know has been stopped by police and issued a summons for drunk driving, drug DUI or refusal to submit to a breathalyzer test, I highly recommend that you contact a qualified DWI defense lawyer to understand your rights and learn about your options.

Speed traps in Warren County? National Motorists Association web site claims there are, NJ.com, September 24, 2009

As a New Jersey drunk driving lawyer, I constantly tell people who have been arrested for DWI or issued a summons for drunk driving or breath test refusal to retain the services of an experienced drunk driving defense lawyer. One of the most likely places to be pulled over for driving while intoxicated is a sobriety checkpoint, also known as a roadblock.

According to a news report, beginning tonight and running through Saturday morning the Monmouth County drunk driving task force, working together with New Jersey's Highway Traffic Safety division, will be conducting a DWI checkpoint on the southbound side of Route 35 near Holmdel in Monmouth County. The roadblock will be set up to pull motorists over into the Dearborn Farms parking lot where members of the task force and officers from the Holmdel Police Department will determine drivers' sobriety.

The checkpoint will be in operation from 11pm tonight until 3am Saturday morning.
Drivers who are stopped at roadblocks such as this are usually evaluated by a police officer using standardized field sobriety testing procedures. If a patrolman has reason to believe that a motorist is intoxicated behind the wheel, that officer may then request that the motorist undergo a breathalyzer test to ascertain the individual's blood alcohol content (BAC).

Our law firm attempts to alert drivers to the existence of these kinds of checkpoints due to the heightened incidence of drunk driving in or around a particular locale. The is because New Jersey law states that police and other law enforcement agencies can only set up sobriety roadblocks in areas that have a statistically high percentage of drunk driving arrests.

DWI checkpoint being held in Holmdel this weekend, AAP.com, October 1, 2009