New Jersey DWI Lawyer Blog

For those individuals who feel that a drunk driving conviction is a minor event, I have news for you. Whatever you call it -- drunken driving, driving under the influence, DWI or driving while intoxicated -- here in New Jersey there is a wide range of potential outcomes for someone convicted of drunk driving. Almost too many to list right here.

As a New Jersey drunk driving defense attorney, I and my group of legal professionals have represented literally hundreds of clients arrested for DWI over the years. You should know that even under the best circumstances, the personal price of a DWI conviction can be quite devastating. Living with the stigma of a drunk driving conviction on your record can affect a person's standing in his or her neighborhood, company or professional organization. And there always exists the possibility of job loss, as well as the potential damage that such a conviction can have on familial relationships and those with friends.

Financially, drunk driving is potentially costly, as well. Penalties and fines for second and subsequent drunk driving convictions are certainly large, but even first-time offenders can feel the monetary pain of a conviction. Here are just a few of the typical monetary costs that you could expect to pay for a range of DWI offenses, according to the State of New Jersey (Please remember that jail time/community service could also be included, but is not included here).

First DWI Offense
Expect to pay a $250-$400 fine if your blood-alcohol content (BAC) is 0.08 percent or higher, yet less than 0.10 percent (this increases to $300-$500 fine for a BAC of 0.10 percent or higher); You'll also end up paying an automobile insurance surcharge of $1,000 per year, which will continue for three years.

Second DWI Offense
The court will typically levy a $500-$1,000 fine. Plus, expect to fork over that $1,000 annual automobile insurance surcharge for three years.

3rd DWI Offense
Third-time conviction will usually net you a $1,000 fine. And the automobile insurance surcharge rises to $1,500 per year for three years.

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

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

Driving on a Suspended License Due to DWI
$500 fine

All DWI Offenses
There are surcharges in addition to the normal fines. These surcharges range from $50 to $100 dollars depending on where the funds go, such as the drunk driving enforcement fund, Motor Vehicle Commission restoration, Intoxicated Driving Program, Violent Crimes Compensation Fund, Safe and Secure Community Program, plus state and municipal fees.

Captain Palmer has begun his holiday schedule for the Monmouth County DWI Task Force. The latest site for a sobriety checkpoint is Route 35 in Middletown. We have seen this location used many times in the past and it has obviously been a location of significant drunk driving arrests on prior occasions. The roadblock shall be conducted between 11 p.m. and 3 a.m. this evening and shall be located on southbound State Highway 35.

A location like this one in Middletown is not selected randomly. The police must present statistical data that demonstrates that the site of a roadblock is a particularly problematic location for drinking and driving. This is certainly one of many defenses which our DWI attorneys explore in roadblock cases.

Having defended many minors charged with underage drinking and DWI, I have more than enough experience to state a number of significant facts. As a New Jersey drunk driving defense lawyer, I know that a conviction for underage drinking and driving can make a serious impact on a young person who is just setting out on his or her journey toward adulthood.

The facts are simple: If any person under 21 years is found to have purchased or consumed an alcoholic beverage in an establishment licensed to sell alcohol, that young person could be fined up to $500. Furthermore, the court can order that the defendant lose his or her driver's license for up to six months.

If you think this doesn't affect someone who hasn't even been issued a license, you would be mistaken. Parents themselves should be aware that even if your child does not yet hold a license, if convicted the potential suspension will start as soon as your youngster is initially eligible to receive that license. Just like adults, any young person who violates the state's underage drinking laws may also be required by the court to attend an alcohol treatment or education program.

New Jersey's laws regarding underage drinking and driving are very specific. Since a person must be 21 years or older to buy, possess or drink any alcoholic beverage, underage drinking is by definition illegal. Drinking and driving goes without saying. The consequences for underage drinking are very harsh here in New Jersey, especially when it comes to operating a vehicle while under the influence of alcohol.

But whether or not you are stopped for DWI, an underage drinking offense could affect your driving privileges now or in the future. Anyone under 21 caught with even the slightest amount of alcohol in their system -- which means a blood-alcohol content of 0.01 or more -- will be subject to a number of penalties under New Jersey law. These include the following:

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

It is very important that if your child or young relative is charged with underage drinking and driving, we highly recommend that you seek the services of an attorney experienced in defending persons charged with underage DWI offenses. Having served as a municipal prosecutor in my early career, I know first-hand how the prosecution approaches such cases. You should always have a qualified legal professional at your side in these circumstances.

A 40-year-old man from Shiloh Borough was arrested by police on a Sunday evening along Cottage Avenue at Giles Street on the charge of driving while intoxicated. According to news reports, Michael A. Barbera was stopped by police after he allegedly nearly hit a police patrol car in the Bridgeton Villas parking lot. Apparently the driver was backing up and didn't notice the police car directly behind him.

As a New Jersey DWI defense lawyer, I know that this kind of incident happens all of the time. It doesn't always result in an arrest for driving under the influence of alcohol, but the potential is there. In this case, it would seem that the officers had sufficient suspicion that the driver was drunk to pull him over.

In such as case, the motorist would be asked to perform a variety of field sobriety tests (as defined by the National Highway Traffic Safety Administration, the NHTSA). If the individual fails these tests then the officer will usually ask the person to submit to a breath test to determine the driver's blood-alcohol content (BAC). Anything over 0.08 percent and by law that person is legally drunk and can be charged with DWI.

This was apparently the case, and according to the report, the officers also cited the man for reckless driving, careless driving, failing to wear a seat belt and improper backing, and was released on his own recognizance.

In another incident, police arrested a Millville man on a Friday night for DWI as well. According to police reports, Jeffrey W. Stowers was apparently observed driving erratically as he turned off Route 49 onto Buckshutem Road. Police pulled him over shortly thereafter.

After failing a number of field sobriety tests, police had the man take a breath test to determine his level of intoxication. Police reported that his blood-alcohol content was 0.07 percent, which is below the state's legal limit of 0.08 percent. However, police still charged Stowers with DWI due to the fact that he failed the series of sobriety tests. He was subsequently released on his own recognizance.

Bridgeton police blotter includes robbery, burglary of church, NJ.com, October 05, 2009

Police in the township of Hillsborough reported a trio of DWI arrests in mid-October, two of which were drivers from Somerset County; a second was from Mercer County. With six offices throughout the state, my team of New Jersey drunk driving defense lawyers provides representation for many residents across the Garden State. These latest arrests in Hillsborough are typical of the cases we see throughout the year.

According to the township police department, a 60-year-old local man was arrested for driving while intoxicated on October 9 in the parking lot of the Amwell Racquetball Club. News articles show that James Davison was found allegedly drunk in his vehicle by police officers following a report of a car hitting a parked vehicle at the club.

When officers arrived, they found Davison's car in one corner of the parking lot, with evidence of the collision with another vehicle, as well as two damaged signs near the entrance of the club. The suspect reportedly told the officers that he had drank a fifth of scotch before driving. Davison was charged with DWI, careless driving, leaving the scene of an accident and failure to report an accident.

The following day, a Somerset County man was arrested for DWI at the intersection of Amwell Road and Beekman Lane. According to reports, a patrol officer said he observed Matthew Poslusny drifting from the right to left lanes. The 22-year-old Neshanic Station resident told the officer he consumed two beers prior to driving, but later revealed that he had three "Jager bombs." Poslusny was charged with DWI, failure to maintain lane and DWI within a school zone.

A third drunk driving arrest was made in the early morning hours of October 11. According to police reports, a Mercer County driver was arrested for DWI after his vehicle came to a stop in the parking lot of Hillsborough Diner after swerving into oncoming traffic near the diner. Melvin Corado, 32, from Trenton was charged with DWI, failure to maintain lane, being an unlicensed and suspended driver, refusal to repair and fraudulently obtaining a certificate of approval.

Hillsborough Police news, NJ.com, October 20, 2009

As a New Jersey drunk driving defense lawyer, I and my firm have the necessary experience to make the difference in most any DWI, breath test refusal, or drug DUI case. While it might seem that a first-time conviction for driving under the influence of alcohol may not be that serious, think again. Not only are the penalties for a first-time offense stiff, it only make a possible second or third arrest and conviction for driving while intoxicated that much more serious.

Anyone looking at multiple convictions for drunk driving needs the services of a qualified and experienced DWI attorney. Whether an individual has been charged with DWI or drug DUI, the consequences of multiple convictions can be very detrimental to one's future. Jobs have been lost and families torn apart by the seemingly simple act of driving while impaired. Don't make a bad situation worse by not taking the proper steps to defend yourself in a court of law.

It's not uncommon for many people charged with a first-time DWI to go in front of the court by themselves. And although they may have fared better had they sought legal counsel in the wake of that first DWI arrest, there is a potential upside should they be arrested for a future drunk driving violation.

It may seem odd, but if you did not have legal representation in your first DWI case, it's possible that a court may allow your second offense to be treated as your first. At my firm we typically ask the court to handle a subsequent offense as a first offense when sentencing -- this is usually done when a defendant did not have an attorney at the time of their first conviction.

Of course, timing is everything. If your first charge of driving while intoxicated had not been resolved when you were picked up again, some judges have been known to allow your multiple sentences, including periods of license suspension, to run concurrently.

Another consideration is the place where the individual arrests were made. If your first DWI conviction occurred out-of-state, this does not automatically raise your current New Jersey offense to that of a multiple DWI or drug DUI offense. An experienced attorney can argue that possible discrepancies in the drunk driving laws of the two states means you should be sentenced under New Jersey DWI/DUI penalties for first offenders.

Consider these as strong examples of why hiring a qualified New Jersey DWI lawyer is in your best interests. It can make the difference between a bright future and one that is fraught with complications and lost opportunities.

Numerous drunk driving arrests occur every month throughout New Jersey. Morris County, among others, sees its share of intoxicated driving traffic offenses on a weekly basis. As a New Jersey DWI defense lawyer and former municipal prosecutor, I have a wealth of experience in the area of drunk driving defense. The following is just a sample of the typical driving under the influence of alcohol and drug DUI cases that move through our court system every year.

Boonton
A 32-year-old local resident was charged with driving while intoxicated, reckless driving and refusal to submit to breath tests in the early morning hours of September 15. The woman was released, pending a municipal court appearance. Several hours later a 28-year-old man from Phillipsburg was arrested and charged with DWI as well as reckless driving.

Madison
Police officers arrested a 33-year-old man from Florham Park in the early evening of September 15, According to reports, officers Anthony Kaspereen and Sean McCarthy stopped the man for an alleged traffic violation. During the stop, the officers noticed a pill bottle in the driver's open glove compartment. After a brief investigation, police arrested the man for illegal possession of OxyContin and Vicodin. He also was charged with failure to maintain a lane, possession of drugs in a motor vehicle, careless driving and improper display of plates.

A local woman was stopped by police for driving 42mph in a 25mph zone on Elmer Street. According to reports, once police made the traffic stop it was determined that she was under the influence of alcohol. She was arrested and transported to headquarters for processing, where she was charged with DWI and speeding.

Parsippany
Following a routine traffic stop on westbound Route 46, police arrested a 20-year-old Newark man with possession of marijuana under 50 grams and possession of drug paraphernalia. He was processed at police headquarters and taken to the county jail on $10,000 bail, according to police records.

Sparta
A Branchville woman was charged with possession of drug paraphernalia and possession of less than 50 grams of marijuana in her vehicle during a routine police investigation. Accroding to reports, officers were investigating a car in the parking lot on South Shore Trail at 2:13am. While police were interrogating the 30-year-old, they saw a glass marijuana pipe in the center console of the vehicle and subsequently arrested her. She was also issued a summons for possession of controlled and dangerous substances in a motor vehicle.

A 59-year-old local man was charged with driving while intoxicated following a motor vehicle stop on Route 517/Sparta Avenue at 9:41pm. Police observed the man's gray Dodge pickup truck being driven at a high rate of speed. In addition to the drinking charge, the driver was charged with speeding, careless driving and failure to maintain lane.

Police Blotter, DailyRecord, September 23, 2009

In the state of New Jersey, the determination of whether a motorist is driving while impaired driving, at least as it pertains to alcohol use, involves a measurement of the suspect's blood alcohol content (BAC). As a New Jersey drunk driving defense attorney, and former municipal prosecutor, I have handled all manner of drunken driving cases throughout my career. The establishment of a defendant's BAC plays is a major role in any drunken driving case.

Strictly speaking, the law states that if an individual who is the operator of a car, truck, SUV or other motor vehicle is found to have a BAC of 0.08 percent or more, that person is guilty of drunk driving, also known as driving under the influence of alcohol, or more commonly, driving while intoxicated (DWI).

The term BAC refers to the amount of alcohol in a driver's bloodstream. An important point to remember is that although the law makes reference to 0.08 percent BAC as the legal limit, one can still be convicted of drunk driving even if his or her BAC is below 0.08 percent.

It has been proven that consumption of even small amounts of alcohol will dull an individual's senses, decreasing reaction time and hampering judgment. Vision and mental alertness are also affected to some degree as well. If you consume any amount of alcohol and your driving is affected, you can be convicted of driving while intoxicated in a court of law.

Not surprisingly, it is also a violation of the law if a person operates a motor vehicle under the influence of a narcotic, hallucinogenic or habit producing drug. Motorists can also be convicted for allowing another person to operate a motor vehicle when that person does so in violation of the driving while intoxicated (DWI) law.

Most every New Jersey police department or law enforcement agency relies on breathalyzers to provide the evidence of a suspected drunk driver's blood alcohol concentration. However, there are occasions when police will look to obtain this critical DWI evidence through a sampling of the defendant's own blood. The extraction of a blood sample from the body of a suspected drunk driver will usually occur under the following instances:

• Defendant has been injured (police blood samples and/or hospital blood samples)
• Suspect refuses to provide a breath sample
• Defendant's BAC is dangerously high
• Defendant's BAC is unexpectedly low (due to suspected narcotic involvement)

As a New Jersey DWI defense lawyer, my firm's primary job is to provide comprehensive representation to drivers accused of driving under the influence of alcohol, prescription drug or controlled substances. While the act of driving while intoxicated is enough to get a motorist charged with DWI or drug DUI, compounding the offense by fleeing from or fighting with a law enforcement officer is never recommended.

A recent news article shows just what this kind of behavior will net someone. According to reports, a Jackson, NJ, man was pulled for alleged drunken and erratic driving in the early evening of October 4. Officers had observed Christopher Romano's Toyota Corolla crossing lanes and moving erratically, according to Captain John Rein.

Police reports state that as patrolman Austin Kenny approached the car he could smell alcohol and asked Romano to step out of the vehicle. Romano then allegedly tried to lock himself in the vehicle.

When the 28-year-old driver, a resident of Liverpool Court in Jackson, would not get out for the vehicle, Kenny and Sgt. Michael Zolezi attempted to remove him from the car in order to have the suspect perform several standard field sobriety tests. During the removal, Romano reportedly became belligerent and started to kick officers.

After detaining Romano, police charged him with two counts of aggravated assault, resisting arrest, obstruction, driving while intoxicated, refusal to submit to a breathalyzer test, reckless driving, failure to maintain a lane, and possession of an open alcoholic container in a motor vehicle.

For his trouble, Romano was also placed in the Ocean County Jail in Toms River in default of $100,000 bail. If there is a lesson in any of this it would be to follow an officer's directions and save your energy for your defense. Our team of drunk driving defense attorneys has experience with this type of case, which makes it all the more important to contact a qualified legal professional in the event you or someone you know is arrested for DWI.

Police: DUI suspect tried to lock himself in car when pulled over, CourierPostOnline.com, October 6, 2009

According to a recent news report, drivers in Middlesex County will see more drunk driving checkpoints, sometimes referred to as sobriety roadblocks, at all times of the year. The state of New Jersey has funded the operation of additional checkpoints with a $43,000 grant. Normally, the county would have sobriety roadblocks during certain holidays, however now it appears they will be a more permanent fixture.

As a New Jersey DWI defense lawyer, I have represented numerous motorists who have received summonses or been arrested for drunk driving or breath test refusal. While these checkpoints may reduce the number of drunk driving arrests in an area over time, they also can result in people being falsely accused of driving while under the influence of alcohol.

This latest announcement shows that Middlesex County, NJ, will be expanding its holiday DWI checkpoint program to year-round enforcement. The program will be supported in part by a $43,000 grant from the state Office of Highway Traffic Safety. According to news reports, these DWI checkpoints are very costly to run mainly because they require police officers to work overtime, plus there are additional costs for setting up and maintaining the roadblocks over the course of an evening to the early morning hours.

The grant will help pay for the cost to station officers randomly throughout the county.

Members of the Fatal Crash Investigation Unit (FCIU) will be used in the program. These investigators have a vast amount of experience in reviewing fatal crashes in the area. According to reports, a small percentage of fatal crashes -- which are at a record low of just 42 incidents -- are related to alcohol or drug impairment. However, authorities are quoted as saying that a large portion of the alcohol-impaired crashes involve drivers between the ages of 17 to 21 years.

DWI checkpoints will be set up year-round, Suburban.GMNews.com, November 5, 2009

As a New Jersey DWI defense attorney and former municipal prosecutor, I use my vast background in drunk driving law to help motorists accused of driving under the influence of alcohol. I always maintain that individuals charged with drunk driving, prescription drug DUI or breath test refusal to retain a qualified legal professional to see their case through the justice system. The following police reports are just a sample of the typical cases involving driving under the influence of alcohol.

Princeton Borough
A 68-year-old man from Princeton, NJ, was observed driving his vehicle in a suspicious manner. After police saw that the driver did not keep right, Princeton police officers pulled the suspect over on Chambers Street just before 1:30am. He was evaluated and charged with driving while intoxicated and taken into custody.

A woman from Lawrenceville was pulled over on Bayard Lane by a police patrol car in the early morning hours for a routine traffic stop due to a burned out brake light. The officer in charge determined that the 28-year-old was allegedly impaired and arrested her for DWI.

West Windsor
Another Lawrenceville resident was stopped by police after he was observed having difficulty maintaining his lane on southbound Route 1 at Alexander Road. The 25-year-old was given several field sobriety tests to determine his level of impairment and concluded to be driving under the influence of alcohol. Police charged the man with DWI, reckless driving, failure to maintain a lane, and failure to signal a lane change.

A 22-year-old Monroe Township resident was stopped by police after his vehicle was observed traveling in excess of the posted speed limit in the early morning hours. The incident occurred on northbound Route 1 near Harrison Street. Police pulled the man over for speeding and determined that he was also intoxicated. After failing a battery of field sobriety tests, officers arrested the driver for DWI, reckless driving, speeding and failure to keep right.

Plainsboro
A Middlesex County resident was stopped on northbound Route 1 by patrol officers because of a burned out headlamp on his 1997 Toyota Camry. During the stop, which occurred around 3:30am, officers found the 20-year-old driver to be intoxicated. In addition to receiving a citation for defective equipment, he was arrested for underage DWI and reckless driving.

A 27-year-old local woman was charged with DWI after a traffic stop on Plainsboro Road. She was pulled over shortly before 2am for speeding and failure to maintain her lane of travel, according to police reports. She was issued summonses for DWI, failure to maintain lane and reckless driving.

POLICE BLOTTER: Princeton, W. Windsor, Montgomery, Plainsboro, CentralJersey.com, September 28, 2009

A Montville, New Jersey, woman was recently sentenced to 48 months in jail after being convicted for her third drunk driving arrest as well as vehicular assault charges after hitting a police officer and two other vehicles in 2008. Having defended many New Jersey motorists accused of driving under the influence of alcohol, I can only say that this type of case needed serious DWI defense work.

According to news reports, Andora Needleman, 47, pled guilty back in August to a couple counts of vehicular assault, as well as driving while intoxicated, plus leaving the scene of an accident. One assault charge was for hitting Officer Kevin Milley, while the second was for hitting a car with a five-year-old child on board.

Superior Court Judge Salem Vincent Ahto revoked Needleman's driver's license for 10 years, which begins when she is released from prison. She is expected to apply for early release from prison under the state's Intensive Supervision Program, which is a stringent form of parole.

The incident in question happened in June 2008. Officer Milley was directing traffic at the intersection of Route 202 and River Road when the apparently drunk Needleman struck two vehicles in traffic in front of her then hit the officer. Milley, who suffered bruises and pain in his back, neck, arm and shoulder, told the defendant in court that he would have pulled his service gun and shot at her as she sped off but didn't because other vehicles and people were in the area.

After hitting the officer, Needleman kept traveling in her 2004 Ford pickup truck. Morris County Assistant Prosecutor Brian DiGiacomo said that Milley got Needleman's license plate, which allowed officers to trace the registration. They were waiting at her Taylortown Road home when she showed up.

According to police reports, Needleman's blood-alcohol level was 0.26 percent -- more than triple the 0.08 percent level at which a motorist is deemed legally intoxicated in New Jersey. Since the incident, Needleman has been undergoing treatment for alcoholism.

Montville woman gets prison sentence for third DWI, hitting cop, DailyRecord.com, October 8, 2009