New Jersey DWI Lawyer Blog

More than a half million people live in Monmouth County, NJ. At 1,300 people per square mile, the number of DWI arrests can be staggering. Police pull over dozens of drunk drivers every week, many of which are convicted of driving while intoxicated, then fined and even sentenced to some jail time. As a New Jersey DWI defense attorney, my law firm has broad experience defending individuals accused of driving under the influence of alcohol, as well as those motorists charged with drug DUI.

Local police departments as well as state law enforcement agencies throughout the Garden State have demonstrated a rather low tolerance for motorists who are caught driving while intoxicated. The following police blotter listing is just a sampling of the various types of DWI and drug DUI arrests that my office handles throughout the year.

Tinton Falls
A 44-year-old Shrewsbury man was arrested and charged with DWI after he attempted to pick up his child at Mahala Atchison School in a drunken state. According to reports, school officials were alerted to the man's allegedly drunken condition man and delayed his leaving the school zone. Police arrived shortly after being called by the school and took the man into custody.

Four DWI arrests were made during November in the Tinton Falls area. One occurred on Route 33, where a 29-year-old woman from Freehold, NJ, was arrested by a patrolman and charged with driving while intoxicated. A second arrest occurred on Route 18, with a 54-year-old Howell resident being charged with DWI following a traffic accident. In another DWI-related traffic accident, this time on Sycamore Avenue, a local man was charged with drunk driving following that minor incident. Finally, a 30-year-old local resident was pulled over on Hope Road for driving under the influence of alcohol.

Manasquan
A 33-year-old man from West Long Branch, New Jersey, was stopped by police along Main Street and charged with DWI in late November. A few days later, a local patrolman stopped a 19-year-old resident of Weymouth, NJ, along Route 71 and arrested the man for driving while intoxicated; than motorist was also charged with possession of a controlled dangerous substance.

Red Bank
A 40-year-old woman from Highlands, NJ, was arrested on November 25 for driving while intoxicated. A couple days later, a 52-year-old man from Middletown and a 27-year-old motorist from Fair Haven were stopped in separate incidents on the same day in late November and charged with DWI.

Monmouth County Police Blotter, APP.com, December 23, 2009

In New Jersey the law covering underage drinking and driving leaves little to the imagination. An individual must be 21 years of age or older to buy, be in possession or consume any type of alcohol-containing drink or beverage. In short: underage drinking is unequivocally defined as illegal. Because the state has such a strong stance against underage drinking, the legal consequences for this activity are severe under New Jersey law, especially when it comes to operating a motor vehicle while under the influence of alcohol.

Whether or not a youth is stopped for DWI, simply being convicted of drinking as a minor could affect that child's future driving privileges. As a New Jersey drunk driving defense lawyer, I know the negative impact that DWI and underage DWI can have on an individual now and in the future. For kids, this is not an area of the law they would want to experience. As a parent, it would behoove you to talk to your child about the consequences of underage drinking and underage DWI.

In this state, if a person under 21 years old is arrested for purchasing or consuming an alcoholic drink in an establishment licensed to sell alcohol, he or she could be fined $500, as well as lose their driver's license for up to six months. Parents take note here, because even if your child does not yet have a driver's license that potential suspension will start when the youngster is first eligible to receive his or her license. Furthermore, a young person who violates underage drinking laws may also be required by the court to attend an alcohol treatment or education program.

Anyone under 21 caught with even the slightest amount of alcohol in their system -- that is, a blood-alcohol content of 0.01 or more -- will be subject to: 1) the loss or postponement of driving privileges for 30 to 90 days; 2) fifteen to 30 days of community service; and 3) Successful completion of the program requirements of an Intoxicated Driver Resource Center or an alcohol education and highway safety program.

The Law Offices of John F. Marshall has a great deal of experience defending youngsters charged with underage DWI. I personally have been defending clients in New Jersey Municipal Courts for 15 years. Having worked as a municipal prosecutor earlier in my career, I know first-hand how the prosecution tends to approach such cases.

As a New Jersey drunk driving defense lawyer my job is to help motorists accused of DWI or driving under the influence of alcohol. My office also handles drug DUI (driving under the influence of prescription drugs, as well as marijuana and other substances). The road to a drunk driving conviction is now necessarily a long one, but it has many steps. I'll outline the process here to help explain the usual stages of a DWI case.

Arrest
Whether you live in Newark, Atlantic City, Trenton or any of the dozens of cities and towns throughout the state, every DWI charge starts with an arrest. You should know that for a drunk driving traffic stop to be valid it stop must be supported by what the law defines as reasonable suspicion that a motor vehicle violation has been committed.

As per State v. Carpentieri, New Jersey's Supreme Court held that a police officer must have an articulable and reasonable suspicion that a traffic law violation has in fact occurred before he or she may effect a DWI stop. Furthermore, once a motorist is stopped, that law enforcement officer must have probable cause to believe the driver of the vehicle is intoxicated before he or she can make an arrest and conduct a breathalyzer test.

Bear in mind that there is no right to advice from counsel at this early stage and therefore an attorney, in particular, an experienced DWI lawyer, will be of no assistance at this point in time.

Arraignment
The next step following an arrest for DWI, DUI, or breath test refusal in New Jersey is the arraignment. During this step, the defendant receives a Complaint. Once the Complaint is filed, the defendant makes his or her initial appearance at arraignment where the court informs the defendant of the charges. At this same time, the defendant is informed of his rights under the law and then he or she will enter a plea of guilty or not guilty.

If you hire a drunk driving defense lawyer to represent you, the initial appearance can normally be waived. The arraignment can be "adjourned" by the attorney sending a letter of representation to the Court advising it that you are represented, were advised of your rights, and that you are entering a "Not Guilty" plea.

Continue reading "Arrested for Drunk Driving in New Jersey? A DWI Conviction is a Multi-step Process" »

It doesn't affect his legal troubles related to a November 9 drunk driving accident on New Jersey's Garden State Parkway, but Seton Hall's lifting of Keon Lawrence's suspension will allow him to play in the upcoming game against Temple University. As a New Jersey DWI defense attorney, I've seen numerous athletes and other personalities take liberties with their fame, but there is no mistaking that everyone needs professional legal counsel when it comes to drunk driving-related traffic offenses, especially when they involve an injury accident.

According to reports, the 22-year-old Lawrence was initially suspended from the Seton Hall Pirate's basketball team following an alleged DWI accident on Garden State Parkway near Newark, NJ. Police reports show that the player's vehicle was heading the wrong way on the parkway when it collided head on with another car driven by 56-year-old Kenneth Smith. Fortunately, neither driver sustained life-threatening injuries, although Lawrence suffered facial injuries and was taken to a local hospital for treatment.

Police apparently based the drunk driving charge on an investigation of the crash scene, but not on any direct evidence of alcohol in Lawrence's body. Blood tests from the hospital were not initially available that day. To compound Lawrence's problems, he was also reportedly driving on a suspended license.

Although coach Bobby Gonzalez stated that he is "disappointed by Keon's terrible lack of judgment" he is still a part of the Seton Hall family and hopes that time will heal all wounds. So, regardless of his current legal situation, Lawrence will be reinstated in time to play against Temple on December 19. The transfer from Missouri is expected to be a potent backcourt scorer for the Seton Hall team.

"Mr. Lawrence is also subject to an external legal process, which will determine the outcome of the motor vehicle citations he received," said Law School Dean Patrick E. Hobbs, who is overseeing Seton Hall athletics this year. "Athletics director Joe Quinlan and I have decided to allow Mr. Lawrence to return to the men's basketball team. Upon the conclusion of the external legal process, the university will decide whether any additional sanction is required."

Kevin McNamara's buzzer beaters: Fordham firing is a new low, ProJo.com, December 5, 2009

Suspended Seton Hall guard Keon Lawrence to rejoin team, NewJerseyNewsroom.com, December 3, 2009

Because of my background as a New Jersey drunk driving defense lawyer and former DWI prosecutor for numerous local municipalities, I and my firm have the experience to help those drivers accused of driving while intoxicated in the Garden State. Hundreds of drunk driving arrests happen each month. Bergen County, like all parts of New Jersey, gets its fair share of drunken driving traffic offenses every single week.

My stance is that any individual who is charged with DWI, prescription drug or illicit drug DUI, or breath test refusal should retain a qualified drunk driving attorney to see their case through our complicated judicial system. The following police reports are just a small sampling of the typical DWI and marijuana and drug DUI cases that our courts see every year.

North Arlington
A 41-year-old man from Kearny, NJ, was arrested on a recent Sunday evening for driving under the influence, as well as careless driving. The arrest came after a vehicle crash near Union and Schuyler avenues. Based on a 911 call from a local resident living on Union Avenue, police responded to the scene of a red Kia Sportage SUV, which had apparently struck a telephone pole. Officers found the driver at the scene with his vehicle, which police report had front-end damage. According to police, the driver failed the field sobriety test, after which his vehicle was impounded. The man was released on summonses to a responsible party.

A local woman was arrested in the early morning of Sunday November 29 for driving while intoxicated. According to police reports, officers had driven the 27-year-old home due to her intoxication earlier in the evening, but later discovered her driving along Belleville Turnpike at Argyle Place. Officers pulled the woman over and requested she perform a field sobriety test, which she failed. Her white Honda was impounded and she was released on DWI summonses to a responsible party.

A 32-year-old Union City man was arrested Friday, December 4, in the early morning hours for DWI and careless driving. The arrest occurred following a motor vehicle stop on Ridge Road just off the Belleville Turnpike. Police reported that the man failed a field sobriety test. His car was impounded and it was found that he had a $50 traffic warrant out of Montclair. He was released on summonses to a responsible party after posting bail.

Continue reading "New Jersey DWI and Drug DUI Police Blotter: North Arlington and East Rutherford, NJ" »

Trying to make the best of a situation is one thing, but being stopped for driving under the influence of alcohol twice in the same day is not my idea of good planning. Like most DWI arrests, the story of a recent motorist's unfortunate experience in Vineland, NJ, points up the most important fact -- trying to handle things yourself can get you in big trouble especially if you try to pull one over on the police. As a New Jersey drunk driving defense attorney, my firm is dedicated to helping those drivers who find themselves on the wrong side of the law.

In this recent case, Sasha R. Kissoondath was reportedly observed by police speeding in his pickup truck along South Delsea Drive near Elm Road. Officer Nicholaos Dounoulis reported that he saw Kissoondath's just before 2:30am and tried to catch up to the man's vehicle. The officer finally closed on Kissoondath as he pulled up to his residence on LaValle Avenue.

According to reports, the 35-year-old then got out of his vehicle and walked inside his house, although the officer noted that his walking appeared unsteady as he ignored the officer's orders to stop. Dounoulis knocked on the door of the residence several times, but Kissoondath reportedly refused to come out.

About five minutes later, he came outside with his wife and asked the officer what was going on. He told the officer that he had been at his house all day, where he had been drinking.

Kissoondath apparently refused to perform any field sobriety tests, although police allegedly found an open bottle of Heineken Light, still cold, in the center console of his vehicle. Kissoondath was then arrested and transported to police headquarters.

He was charged with driving while intoxicated, reckless driving, speeding, having an open container of alcohol inside a vehicle, and obstruction. He was processed and released to his wife, who signed a liability form.

According to news reports, Kissondath exercised his right to have an independent blood test to try to refute the evidence against him. However, the trip to the hospital for the test cost him a second drunken driving charge just a few hours later, police said.

Just before 6am that same morning, Kissoondath's wife called police to say her husband had driven himself to South Jersey Healthcare Regional Medical Center for a blood test.
Officers responded and found him in a room at the hospital. Officers discovered that he was in possession of the keys to his vehicle, which they located in the parking lot.

The suspect reportedly told police that he had walked to the hospital, then changed his story and said he was dropped off there. Kissoondath was taken back to police headquarters where he underwent a Breathalyzer test, which reportedly showed his blood alcohol level was 0.08 percent. New Jersey law considers a motorist legally drunk when his or her blood-alcohol level reaches 0.08 percent.

Man gets 2 DWIs in 1 night, TheDailyJournal.com, November 20, 2009

I've said it before, but perhaps it bears repeating: A drunk driving conviction can ruin your life, not only because of the social stigma, but also from the standpoint of getting a job, or keeping the one you currently have. As a New Jersey DWI defense attorney, I have spent many years on both sides of the aisle, first as a municipal drunk driving prosecutor and now as an advocate for those accused of driving while intoxicated.

While most people may feel that they won't be caught while driving under the influence, it often happens that they themselves make things worse simply by getting behind the wheel in the first place. This apparently was the case for a local fire department official in Fair Haven, New Jersey.

According to news reports, the now former Fair Haven Fire Chief, Shaun Foley, drove his department vehicle into a telephone pole back on November 22 in Rumson, NJ. Following that crash another motorist crashed into the telephone pole and wires downed by Foley, who has been charged drunken driving.

Police say that that Foley attempted to flee the scene in his heavily damaged fire department SUV, which broke down about a block away from the crash right in front of Rumson's Borough Hall.

According to news reports, the 27-year-old Foley, who has also worked as a Rumson police dispatcher and part-time policeman, then left his vehicle and traveled on foot to the Oceanic Bridge, a mile away, where he jumped into the Navesink River. This prompted a massive rescue effort involving helicopters and boats.

By taking down that utility pole, Foley reportedly knocked out electrical power to streetlights in the area. That, in turn, caused an Ocean Township man, Robert Walsh, to smash his car into the same downed utility pole. The report says Walsh told police he didn't see the wreckage. The man was uninjured.

The initial crash was called in by a passing motorist. Calling in almost simultaneously was off-duty police Sergeant Peter Koenig, who lives nearby; he heard the crash, followed by the revving sound of an engine, the article reports. Koenig's written account indicates that Foley's vehicle wasn't at the scene of the crash when he arrived. By then, the other motorist had already hit the downed pole.

Fleeing north on foot, Foley was spotted on the northern side of the Oceanic Bridge by Little Silver police officer Gregory Oliva, but he apparently ignored Oliva's request that he get into the officer's car. Instead, Foley jumped over the bridge's western flank into the river.

Continue reading "Fair Haven, NJ, Fire Chief Wrecked Department Vehicle in Alleged Drunk Driving Accident" »

There is a new breathalyzer standard here in New Jersey, which is likely to have far-reaching effects throughout the state. For DWI cases going forward, a New Jersey Appeals Court has set a new Alcotest standard on December 1, confirmed a decision that states the patrolman who administers a breath test to a drunk driving suspect does NOT need to be the same police officer who witnessed the original DWI violation. As a New Jersey drunk driving defense lawyer, this latest decision only makes it more imperative that anyone accused of driving under the influence of alcohol retain a qualified DWI attorney.

According to news reports, this recent case comes out of Morris County and is good news for the police, as it provides them with more flexibility in their testing practices. Because a 20-minute observation period must be provided before a breath test, in the past this meant that the same police officer had to be off the street for the duration of the testing -- Alcotest machines are not portable, so DWI suspects must be brought back to the police station for breath testing.

A lower court had provided for the dismissal of a case against Joel Ugrovics in July of 2008. At that time, Ugrovics was stopped for speeding and eventually arrested for DWI. The person who operated the Alcotest machine was not his arresting officer. He provided a sample that showed his BAC to be 0.13 percent. However, Ugrovics pointed to a Supreme Court ruling regarding Alcotest procedures to show they were not followed in his case.

Since the original officer was not there to monitor and ensure the 20 minute period was followed, Ugrovics' defense team said the waiting period could have been compromised. A three-judge group disagreed unanimously and reinstated Ugrovics' initial guilty plea.

The argument from the prosecutor's office was that the Supreme Court's main concern with the waiting period was not who was monitoring the suspect but rather was meant to ensure that the suspect had not done anything to alter the results. It also would not necessarily always be realistic for the Alcotest operator to also monitor a suspect, prosecutors argued.

N.J. appeals court rules with police departments in Alcotest drunken driving case, NJ.com, December, 3, 2009

The coming holiday season is well known for its parties and family gatherings, and despite the poor economy drunk driving arrests are sure to surge during the next few weeks. In response, New Jersey DWI enforcement units are taking to the streets in an effort to reduce the instance of driving while intoxicated. As leading drunk driving defense lawyers, my firm has experience in a wide range of DWI and drug DUI defense. Recent news of the "Over the Limit, Under Arrest" campaign is evidence that drunk driving patrols will be working overtime in the Garden State.

According to news reports, law enforcement agencies across the state are already conducting saturation patrols and operating sobriety checkpoints, also known as sobriety roadblocks, as part of the nationwide drunk driving campaign. Enforcement will continue, say police, through January 3, 2010.

New Jersey's Division of Highway Traffic Safety is funding the local initiative, which began in 1999. According to reports, the division provides $5,000 grants to law enforcement agencies to cover overtime for those officers assigned to DWI patrols or checkpoints.

To illustrate the extent of the effort, 110 Jersey police agencies will receive grants, according to Pam Fischer, the division's director. The campaign will also include the New Jersey State Police.

A police spokesperson indicated that the holiday DWI crackdown will see officers on the street spending about four hours looking for "possible alcohol-impaired drivers" along with their regular patrols. "It's important that we keep everybody safe on the roads, especially near the holidays," said Vineland police Sgt. Vince Solazzo of the city's Traffic Safety Unit.

Police remind the public that last year, 11,773 people across the United States died in crashes involving a drunk driving, this is according to the National Highway Traffic Safety Administration (NHTSA). According to reports, New Jersey saw 165 people killed in alcohol-related crashes in 2008, down from 195 in '07.

Extra drunken-driving patrols coming to South Jersey, CourierPostOnline.com, December 8, 2009

Driving under the influence refers not only to alcohol-related DWI but also to drug-related DUI. Whether a motorist is charged with drunk driving or drug-impaired driving, the penalties following a conviction can be stiff. As a New Jersey drunk driving defense lawyer, I have represented hundreds of motorists whose livelihoods hung in the balance following an arrest for driving while intoxicated.

A recent news story shows what can happen to someone arrested for drug-related impaired driving. According to reports, Hamburg police answered a 911 call on the afternoon of October 31, 2009, where they found the aftermath of a two-car collision at the intersection of
Quarry Road and Route 23.

Upon arriving on the scene, police determined that a vehicle driven by Stefanie A. Eruhow -- a 23-year-old from Vernon, NJ -- had struck the rear of another vehicle driven by a 46-year-old Hamburg resident. According to police, Christa K. Piper's car had been hit due to Eruhow's impaired condition at the time.

Police conducted a roadside investigation and subsequently arrested Eruhow for alleged drug-impaired DWI. Officers ordered her vehicle to be impounded, based on the provisions of "John's Law," which states that a vehicle belonging to a person arrested for DWI should be impounded to prevent any continued danger to the road-going public. Based on police reports, after Eruhow was arrested, police allegedly found her to also be in possession of heroin and drug paraphernalia.

In the end, Eruhow was charged with drug-impaired DWI, possession of a controlled dangerous substance in a motor vehicle, failure to produce a driver's license, reckless driving, careless driving, being under the influence of a controlled dangerous substance, possession of heroin, possession of drug paraphernalia, hindering apprehension, and obstruction of governmental function. She was released from custody pending an appearance in the Hamburg Municipal Court.

Aim Vernon: Police Blotter, NorthJersey.com, December 4, 2009

Results from a two-week drunk driving sting operation show that more than 1,500 individuals were arrested for driving under the influence of alcohol between August 21 and September 7. The "Over the Limit, Under Arrest" campaign was designed to snare DWI suspects in the weeks leading up to this past Labor Day holiday. As a New Jersey DWI defense lawyer, I and my colleagues represent many of the dozens of motorists accused every week of driving while intoxicated.

The latest report on that pre-Labor Day campaign shows that New Jersey law enforcement agencies all around the Garden State stopped and arrested 1,582 drunk-driving suspects, including 137 in Bergen County and 95 in Passaic County. According to news reports, Bergen County police officers also issued 1,973 summonses for speeding, while Passaic County issued 374 summonses for seat belt violations.

In East Rutherford, however, only two drunk driving arrests were made during the campaign, according to the New Jersey Division of Highway Traffic Safety, although the municipality did issue 74 summonses for speeding.
The pre-Labor Day campaign was funded by the highway safety division, which awarded $6,000 grants to almost half of the state's 497 police agencies to cover overtime during the crackdown.

Elmwood Park, which had 15 drunken-driving arrests, more than any other Bergen or Passaic county municipality was on of the participants in the campaign. A local police spokesman for that municipality stated that the grant allowed police department to dedicate officers to roving the streets specifically for drunk-driving enforcement, in addition to those officers already on regular patrol.

The 15 arrests were "definitely higher than what we would normally get," said Lt. Bryan DiPasquale of the Elmwood Park Police Department. Officers also issued 27 speeding summonses and 132 seat belt summonses.

DWI crackdown snares a slew of other violators, NorthJersey.com, November 17, 2009