New Jersey DWI Lawyer Blog

New Jersey has added another weapon to its arsenal of drunk driving laws, making even first-time DWI convictions more onerous for those caught driving while intoxicated. As a New Jersey drunk driving defense attorney and motorist myself, I've seen the aftermath of accidents caused by impaired drivers. At the same time, I also understand how even a single DWI or drug DUI conviction can haunt a person for many years to come.

The latest law coming out of Trenton last week now makes it mandatory that anyone convicted of a drinking and driving offense must have their vehicle fitted with a breathalyzer ignition interlock device. Not only does the stigma of a DWI conviction cost an individual in court fines and increased insurance premiums, now there is the added embarrassment and inconvenience of starting one's vehicle. All of which makes it imperative to seek the services of a DWI defense lawyer.

According to reports, legislation has now been passed and signed into law by acting Governor Sweeney to add mandatory ignition interlocks for all drunk driving offenses in New Jersey. Known as "Ricci's Law" in honor of the Egg Harbor Township teen killed by a hit-and-run drunk driver, the bill was signed into law on Thursday, January 14.

The now-mandatory ignition interlocks incorporate a breathalyzer-type device that only allows a car to be started is the driver is sober. When attempting to start the vehicle, the driver must first blow into the device. If the interlock registers above a specific blood-alcohol content (BAC) -- usually greater than 0.02 percent to 0.04 percent -- the vehicle is rendered inoperable.

Under the measure, any person convicted of drunk driving will be required to install an ignition interlock device in any motor vehicle principally owned by the offender, though first-time offenders would have to have a BAC of at least 0.15 percent. In such cases, the court will require first-time offenders to install the interlock for a period of six months to one year.

The previous law imposed driver's license suspensions on all persons convicted of drunk driving. That penalty is still in effect.

Under the new law, the interlock device will also be mandatory in all cases and will be required to be in effect during the period of time that the license is suspended. In addition, persons who are convicted of refusing the breath test also will be required to install an ignition interlock device.

Bill Requiring Ignition Breathalyzer For DUI Convictions Now Law, NJToday.com, January 15, 2010

According to a recent news article, Cliffside Park police set a new record for drunken driving arrests in 2009. As a New Jersey drunk driving defense lawyer, my firm represents motorists from Bergen County as well as Essex, Mercer, Union, not to mention other areas around the Garden State. Being arrested for driving while under the influence of alcohol or prescription drugs is the first step toward a conviction for DWI or DUI, which can be a serious and costly way to pay for lack of foresight.

Based on the news report, Cliffside Police stated that there were more DWI arrests in the municipality during 2009 than any other past year since records have been kept. Law enforcement officials say that the higher number of arrests for driving while intoxicated goes to increased drunk driving patrols and the additional use of sobriety checkpoints.

The number of arrests in Cliffside Park last year totaled 102 for alcohol-related charges. The money to support the new checkpoints reportedly came from the Cliffside Park Police Department State Drunk Driving Enforcement Fund. For this borough police established two separate DWI checkpoints and operated approximately 12 additional drunken driving patrols. The state funds that support added DWI enforcement come from legal fines and bottle taxes that eventually find their way back to the municipalities.

According to Cliffside Park police, the department made 87 DWI arrests in 2008. That was up from 58 in 2007 and 48 drunk driving arrests in 2006. This year-over-year increase may be a result of ever increasing drunk driving enforcement. It is said that Cliffside Park has one of the more proactive anti-DWI police departments in the county.

Almost all borough officers are Alcotest and radar-certified and have attended advanced DWI Training, including Standardized Field Sobriety Testing and Horizontal Gaze Nystagmnus.

Cliffside Park PD nets record number of DWI arrests, NorthJersey.com, January 8, 2010

Multiple drunken driving arrests or numerous DWI convictions can be devastating to a New Jersey resident's driving record, much less a person's life. When a traffic fatality is involved, the legal situation can become very serious very quickly. As a New Jersey drunk driving defense attorney, I and my colleagues have represented hundreds of individuals in drunk driving-related court cases. Many of these cases have had to do with the death of another person, which makes a DWI lawyer a necessity.

Recently an out-of-state motorist was indicted for what is referred to as aggravated manslaughter as a result of a fatal Cape May automobile crash in September of last year. According to news reports, John J. Lawless, 37, of Philadelphia was indicted on January 12 for aggravated manslaughter. The first-degree offense occurred on September 12 when Lawless allegedly killed Frederick Shelton, a Lower Township, NJ, resident.

Based on news reports, the chief assistant prosecutor in the case said that Lawless had a blood-alcohol content of 0.229 percent, which is nearly three times the legal limit in New Jersey. Authorities allege that Lawless was driving his Chrysler Sebring while intoxicated, when he veered into the southbound on Route 9 near Bennetts Crossing in Lower Township, hitting a Ford Escort carrying Shelton, his wife and the couple's 13-year-old daughter.

Shelton was killed in the crash, while his wife, Sheri, and daughter, Brittany, were injured in the accident. The two survivors of the crash were airlifted to Cooper University Trauma Center in Camden in critical condition. According to police records, Lawless has a long record of drunk driving offenses in Pennsylvania, including:

-- Oct. 3, 1996: Driving While Intoxicated (DWI) arrest

-- March 16, 1998: DWI arrest with 2-month min/3-month max prison term, plead guilty

-- Sept. 7, 1998: DWI arrest with 2-month min/3-month max prison term, plead guilty

-- April 29, 1999: DWI arrest. Plead guilty to recklessly endangering another person. Placed
on one-year probation. Plead guilty to DWI, 2-month min/3-month max prison term

-- July 62, 2004: DWI arrest. Dismissed under speedy trial regulations

-- June 11, 2005: DWI arrest with 1 yr min/2 yr max prison term. Plead guilty

-- Dec. 24, 2008: Involved in a motor vehicle accident in Philadelphia, arrested for DWI

Law enforcement authorities state that Lawless' Pennsylvania driver's license was suspended indefinitely on or about 2001.

PA Man With 7 Prior DUI Arrests Indicted For Aggravated Manslaughter In Fatal Crash, CapeMayCountyHerald.com, January 12, 2010

Being charged with drunk driving in New Jersey is bad enough without having caused an accident as a result of being intoxicated. Killing another individual while under the influence of alcohol is another thing entirely. Police all across the state of New Jersey are always on the lookout for drivers operating motor vehicles while impaired due to beer, liquor or prescription drugs.

As a New Jersey DWI defense lawyer, I have defended many clients who have been charged with drunk driving. Some of those people were involved in accidents that injured or killed vehicle occupants or pedestrians. A recent news article shows how mixing alcohol with prescription drugs can result in terrible consequences. There are very few things worse than being arrested for a fatal drunk driving accident.

According to reports, Jury selection began Tuesday in Morristown regarding the drunk driving trial of 48-year-old Eugene Baum Jr. The man is charged with being drunk behind the wheel and causing the deaths of two teenagers back in 2006 when his car hit and killed the young girls on a Morris County roadside.

Police reports indicate that on April 20, 2006, Baum was driving a rented Kia Optima along Kinnelon Road in Kinnelon, NJ, when the vehicle veered off the roadway and onto the shoulder where the two girls were walking. Police records show that the defendant's blood-alcohol content (BAC) was 0.305 percent when the accident happened. Based on news reports, Baum's vehicle struck 15-year-old Mayada Jafar and 16-year-old Athear Jafar. The two cousins were reportedly walking to a nearby movie theater around 8pm when they were thrown off the shoulder by the impact.

Police have said that although Baum was severely intoxicated, he still decided to drive from his home in Dover to his mother's house in Kinnelon. During the police interview, he allegedly said that he thought he had struck a deer. He also later acknowledged that he should not have mixed Librium and vodka.

A mental health expert hired by the state has stated that Baum was "a functioning alcohol" at the time of the accident and that he could apparently tolerate high levels of alcohol in his bloodstream. In Baum's defense, an expert has suggested that Baum became an "automaton" when he drank and the combination of vodka and Librium in his body had an unexpectedly severe reaction that led to the crash.

Continue reading "Dover, NJ, Man Faces DWI Manslaughter Charges for Drunk Driving Deaths of Two Morris County Teens" »

As a New Jersey drunk driving defense lawyer, my office represents dozens of clients accused of a range of traffic offenses including driving under the influence of alcohol, prescription and illicit drug DUI, breath test refusal and other DWI-related charges. Not every drunken driving arrest results in a conviction, which is due to a variety of possible scenarios and different facts attached to each case.

The following is a selection of recent drunk driving arrests across the Garden State. Whether you live in Newark, Red Bank, Atlantic City or any of other cities and towns in New Jersey, a conviction for driving while intoxicated can adversely affect your life. However, you should never assume that you have don't have options following a drug DUI or DWI arrest.

Orange
A local resident was picked up recently by police after running her vehicle up onto a curb in Orange, NJ. The incident occurred just before 2:30am on January 3, when the 23-year-old woman apparently lost control of her sedan, struck the curb and then hit a stop sign. Police responded to the accident at Orange and Elm streets apparently on a call from another motorist or resident in the area.

According to reports, police officers arriving on the scene found the woman's 2001 Mitsubishi Diamante up on the curb with damage to its front end and the right-front tire. Officers also noted a street sign, which had apparently been struck by the vehicle and was now lying in the roadway.

Police reports indicate that there were five occupants in the car, including the driver, all of which were unhurt. However, law enforcement officers observed that the suspect was slurring her words, swaying and staggering as she stood outside the vehicle. Based on these observations, officers requested the woman take several field sobriety tests, which she failed. She was charged with DWI and careless driving, according to police.

Montclair
Al local motorist was stopped by police after the officers saw a 2009 Ford Flex weaving in and out of its lane around 1:45am on January 2. According to news reports, patrolmen pulled over the 42-year-old driver near the intersection of Bloomfield Avenue and Valley Road.

Continue reading "NJ DWI and DUI Police Blotter: Drunken and Impaired Driving News from Across New Jersey" »

A significant amount of press has been generated concerning the recently enacted NY state law governing drunk driving with a child. The law was the byproduct of a horrific DWI accident last year wherein eight individuals died as a result of an intoxicated housewife. The new law imposes a mandatory jail sentence for up to four (4) years in prison. The question that has been posed to me by several individuals is whether NJ has and/or is proposing a similar law. My response has been - YES.

In New Jersey, a parent or adult who commits a DWI with a child in the car is exposed to a charge of Endangering the Welfare of a Child. This offense is often filed as a Second Degree Crime, especially where an accident and injury is involved. A second degree offense like endangering carries a period of incarceration of between 5 and 10 years in prison.

A DWI case in NJ obviously becomes much more complicated when the operation involves a minor occupying the subject vehicle. This has been the situation for many years now unlike what has more recently occurred in New York. Notwithstanding, we have found that the vast majority of these cases can be resolved without any form of incarceration.

According to recent news reports, a Mercer County, NJ, teenager was arrested on charges of dealing drugs and possession of marijuana in a motor vehicle. Although there was no direct indication of drug DUI, such a situation could have resulted in a similar charge against the teen. If a charge of drug DUI was also involved, defense similar to driving while intoxicated due to the influence of alcohol could be applied, with certain differences.

As a New Jersey DWI and drug DUI defense lawyer, I know that certain conditions have to be met to charge a driver with possession of marijuana. Unless the driver is carrying the marijuana himself, he generally cannot be charged with possession in a motor vehicle. Under N.J.S.A. 39:4-49.1 the law prohibits a person from operating a motor vehicle while knowingly being in possession of pot.

According to the news reports, a traffic stop was made on December 17 just before 11pm on Route 206. At the time, police were conducting drunken driving patrols as part of the "Over the Limit, Under Arrest" anti-DWI enforcement campaign. Police reports indicate that officers pulled over a 2005 Honda with several young people inside. The driver was identified as Russell Floyd, and 18-year-old resident of Lawrenceville. The driver was issued one of several summonses by the police when they discovered the teen did not have a valid driver's license.

Coincident to the traffic stop, another passenger, a 17-year-old male from Princeton, was found to be in the possession of more than a dozen ziplock bags of marijuana, as well as 11 empty bags and a weighing scale. The juvenile, who police have declined to identify, was charged with possession of drugs with intent to distribute, among other offenses.

It is important to note that the law against possession of marijuana in a motor vehicle applies solely to the driver and not the passengers of a vehicle. In order to prove a violation, the state must establish that the suspect was A) the driver, B) had marijuana on his or her person and C) knew positively that he or she was carrying said substance while operating the motor vehicle. If the operator of the vehicle was not within wingspan of physically controlling the marijuana, he has a good chance of avoiding a conviction.

Cops: Princeton teen dealer had baggies and scale in the car, Trentonian.com, December 29, 2009

According to news articles, the husband of Teresa Giudice, one of the stars in the well-known Bravo television series "Real Housewives," was recently charged with driving while intoxicated after the man crashed his vehicle into a utility pole minutes from the couple's home in Montville, New Jersey. Based on police reports, the accident occurred on the morning of Thursday, January 14, in Towaco.

Giuseppe Giudice was reportedly heading north on Jacksonville Road when the Ford pickup he was driving hit the utility pole just before 2am. According to Montville police, when officers arrived at the scene they detected the odor of alcohol on the 39-year-old driver. Due to the man's possible injuries, the police did not make Giudice perform any field sobriety tests.

Based on the news, Giudice told police he had been in New York and was heading home when the accident occurred. Emergency personnel treated and then transported him to Morristown Memorial Hospital to be checked for internal injuries.

After providing a blood sample, Guidice was charged by Montville police with DWI. He was also issued summonses for reckless driving, careless driving and failure to maintain lane. At the time of the news item, the results from the blood-alcohol content (BAC) test had not yet been released.

To add insult to injury, police also discovered several outstanding warrants for Guidice out of Clifton, NJ, for violating city ordinances, although there were no details regarding the type of violations. Although, Clifton police said ordinance violations typically are minor, Guidice was released to Clifton police after being held in Montville on $2,625 bail.

Husband of "Real Housewives'' star charged with DWI in Montville, DailyRecord.com, January 15, 2010

A DWI-related single-vehicle crash in Swainton, NJ, resulted in the driver being sent to the hospital with minor injuries as well as causing an area-wide power outage. Police handling the case say that the driver has been charged with driving while intoxicated (DWI). As a drunk driving defense attorney serving residents of New Jersey, I have seen the result of many such accidents.

In this case, the crash occurred, according to police reports, when a pickup truck belonging to Mathew Paschal of Cape May Court House, drifted off the southbound side of Route 9, leaving the roadway and crashing into two telephone poles that support several high voltage power lines in the area.

According to news reports, the accident occurred just before 6pm on New Year's day when the 42-year-old driver's Dodge pick-up left the roadway. Middle Township Police arrived at the scene not long after the accident and found the vehicle laying on the left side on the shoulder of the road. Tools and other equipment, apparently thrown from the vehicle's bed area, were found lying near the crash site.

After assessing the situation, officers called for the Middle Township Fire Company and Rescue Squad, as well as AtlanticCare paramedics, to come to the accident scene. Fire department rescue crews worked to extract the driver from the damaged truck, after which he was treated and transported to Cape Regional Care hospital for minor injuries.

Repair crews from Atlantic Electric Company were also dispatched to the scene to replace the damaged high voltage power lines. Meanwhile, Paschal was charged by police with driving while intoxicated, careless driving and failure to maintain lanes. Civil penalties could also affect the man, whose actions allegedly caused a power outage that affected up to 1000 customers in the area.

Man charged with DWI in Middle Township crash that knocked out power in the area, PressOfAtlanticCity.com, January 2, 2010

Driving while intoxicated, DWI or driving under the influence, whatever term you use it all adds up to lost driving privileges and extensive fines, not to mention possible job loss and being disgraced in the eyes of your family or local community. Here in New Jersey, being convicted of a drunk driving charge can result in a range of possible actions by the court to punish the convicted drunk driver.

As a New Jersey drunk driving defense attorney my firm represents hundreds of individuals every year in cases of driving under the influence of alcohol. A number of these cases involve human as well as social costs. Even under the best of circumstances, the financial cost of a DWI conviction can result in expensive court fines as well as higher insurance rates for years to come.

The stigma alone of a alcohol-related DWI or drug DUI conviction can affect a person's standing in the community, possible loss of a job, or potential damage to relationships with family and friends.

A DWI conviction can be expensive. Fines and penalties for additional drunk driving convictions are large, but even first-time offenders can feel the sting. Below are just a few of the potential monetary costs that can be expected for a variety of drunk driving offenses, according to the State of New Jersey (Remember that jail time or community service may also be included if the court deems it necessary).

A first DWI offense will typically cost a motorist $250 to $400 in fines for a blood-alcohol content (BAC) of 0.08 percent or higher (but less than 0.10 percent). This fine rises to $300-$500 if your BAC is 0.10 percent or higher. Plus, there is an automobile insurance surcharge of $1,000 per year, which will last for three years.

Being convicted for a second DWI offense will get you a $500 to $1,000 fine, plus an automobile insurance surcharge of $1,000 per year for three years.

Conviction for a third DWI offense will result in a $1,000 fine, as well as an auto insurance surcharge of $1,500 per year for three years.

If you refuse to submit to a breath test, be prepared to hand the state between $300 and $500 for your first offense. This fine ranges between $500 and $1,000 for a second offense, and $1,000 for the third. In all instances, the insurance surcharge applies -- this will total $1,000 per year for three years for the first and second offenses; and $1,500 for the third offense. If you are convicted of driving on a suspended license due to a previous DWI your fine will typically be $500.

All of these fines are in addtioin to several other surcharges that the state applies to every DWI conviction:

• $100 -- Drunk driving enforcement fund
• $100 -- Motor Vehicle Commission restoration fee
• $100 -- Intoxicated Driving Program fee
• $50 -- Violent Crimes Compensation Fund fee
• $75 -- Safe and Secure Community Program fee
• $100 -- $50 for the state of New Jersey and $50 for the municipality in which the conviction was obtained

As a New Jersey DWI defense lawyer, I should not have to tell anyone that injuring a police officer in a traffic-related incident can lead to serious consequences. Combine this kind of traffic offense with drunken driving and you have all the elements of a bad outcome for the motorist charged with driving while intoxicated. While this seems like a worst-case scenario, it happened recently in Middle Township, NJ.

According to new reports, a police corporal received serious injuries as a result of a collision caused by a supposedly drunk driver. The accident occurred on Saturday, January 2, when Middle Township Police received a call of a pedestrian-car traffic accident in front of a TJ Maxx in Cape May Court House. When officers arrived, they found that the injured pedestrian was an off-duty Middle Township Police officer, Corporal Fran Fiore.

Fiore was transported to Cape Regional Medical Center with serious leg injuries as a result of being pinned between two vehicles. Based on an investigation by police, Fiore was apparently parked in front of the TJ Maxx on the Route 9 side and was standing behind his minivan loading items through the open rear hatch. According to police reports, a Dodge 1500 pickup truck driven by 51-year-old Edward R. Williams backed into Fiore pinning the officer's legs between the vehicles. Williams then pulled his vehicle forward and parked.

The off-duty officer requested a bystander to take the vehicle keys away from the driver of the pickup truck while waiting for assistance to arrive. Williams was subsequently arrested for driving while intoxicated (DWI) and transported to police headquarters. He was also charged with aggravated assault by auto in the third degree. Bail was reportedly set at $50,000.

Middle Twp Corporal Seriously Injured By Alleged Drunk Driver,
CapeMayCountyHerald.com, January 2, 2010

Northern New Jersey gets its share of drunk driving arrests. Depending on the situation, drivers can be stopped for reckless driving or failure to maintain their lane, after which the officer may decide that the driver is intoxicated. When a patrolman suspects that a motorist is driving under the influence of alcohol, prescription drugs or even marijuana or other illegal substances, he may request the driver to take one or more field sobriety tests.

Being a New Jersey DWI defense lawyer, as well as a former municipal prosecutor, I have a vast amount of experience in defending individuals who have been arrested and charged with drunken driving. While circumstances vary, many DWI arrest scenarios are quite similar. The following is a short list of recent drunk driving arrests from Clifton, NJ.

A 22-year-old Maplewood resident was arrested and charged with driving while intoxicated (DWI) in the early morning hours of December 29. According to reports, Officer Daniel Ishak approached a vehicle stopped on Clifton and Van Houten avenues around 2am and found the driver allegedly unconscious behind the wheel of this vehicle with the engine running. The officer opened the door and detected signs of intoxication, according to reports. The officer woke the man and gave him several roadside field sobriety tests, which he apparently was not able to complete. The officer arrested the driver. He was charged with DWI after recording a blood-alcohol content (BAC) of 0.16 percent on a breathalyzer.

According to news reports, Officers responded to Broad Street and Seton Lane on a report of a suspicious vehicle with an unconscious person inside around 2:30am on December 24. Upon arriving, officers approached the Mercury Mountaineer with a 35-year-old Clifton woman inside. The officers reportedly detected signs of intoxication. While questioning the woman, she allegedly became combative and resisted arrest. Police claim that she also tried to grab one of the officer's flashlights. She was subsequently transported to police headquarters where she was posted a 0.13 BAC. She was charged with DWI as well as with resisting arrest.

In a third incident, news reports indicate that another Clifton resident was arrested on Christmas Eve for drunk driving following a traffic accident. According to police reports, police responded to Mahar Avenue on a report of a 2005 BMW involved in a motor vehicle crash. At the scene, police suspected that the 31-year-old driver may have been intoxicated after questioning the driver. A series of field sobriety tests were performed, which the driver allegedly could not pass. He was charged with DWI after posting results of 0.20 percent BAC on a breath alcohol test. In addition to drunk driving, the man was also charged with hindering apprehension because he originally had told police his girlfriend had been driving the car.

Clifton Journal, Police Blotter, NorthJersey.com, January 1, 2010

It's no secret that driving while intoxicated in the New Jersey area can be hazardous to the person who has been drinking, as well as others on the road. Secondarily, the penalties for DWI in the Garden State can carry heavy fines and even jail time.

Although most people do not intend to be charged with drunk driving, the penalties for operating a motor vehicle while under the influence of alcohol are designed to penalize anyone who breaks the state's drunken driving laws. As a New Jersey DWI defense lawyer, many of the people whom I have represented over the years are first-time drunk driving offenders.

According to the National Highway Traffic Safety Administration (NHTSA), last year 154 people were killed in automobile collisions that involved at least one intoxicated person. That figure is reportedly down from 2007, in which 201 people died in DWI-related accidents. 2008 is the latest year for which complete statistics are available. In addition, drunken driving arrests dropped six percent, based on data provided by the state police.

Anti-drunk driving campaigns such as "Over the Limit, Under Arrest" are designed to catch motorists who drive while impaired by alcohol or prescription drugs (drug DUI). If caught, a first-time conviction for DWI with a blood-alcohol content of 0.10 percent or more will result in several mandatory penalties, including loss of driver's license for up to one year; fines, fees and surcharges of up to $4,000; jail time of up to 30 days; plus 12 to 14 hours of community service.

The penalties for a first time DWI conviction involving a blood-alcohol content greater than 0.08 but less than 0.10 percent is not much better.

It's conceivable that these stiff penalties are driving the arrest rate down across the state. In any case, the bottom line is don't drive drunk and if you pulled over, enlist the services of an experienced drunk driving defense lawyer.

A lot at risk, NorthJersey.com, December 18, 2009

Now that we're several days into the New Year, I'll say it once again: New Jersey law enforcement agencies and local police continue cracking down on drunken driving around our state. New Year's Eve may be one of the more common times to find motorists drinking and driving, but every day has the potential for many drivers to be caught driving under the influence of alcohol.

As a New Jersey DWI defense attorney, I and my staff spend our days defending people accused of driving while intoxicated or driving under the influence of prescription drugs. Whether deliberate or not, the police and society have virtually no tolerance for this kind of traffic offense. A recent news article highlighted just a few of the countless DWI arrests that occurred throughout New Jersey this past New Years.

Based on preliminary police reports, there were at least 10 drunken driving arrests on the roadways in Bergen and Passaic counties as the clock struck midnight and people from all over rang in 2010. And while it appears that DWI-related fatal accidents were down this year, there were numerous drunk driving arrests throughout the evening and early morning hours of January 1.

According to new reports, Passaic County was free of DWI arrests on Thursday and Friday. According to the Passaic County Sheriff's Office, weather was likely a large contributor to the significant reduction in arrests. However, on non-county roads in Passaic County, and across Bergen and Morris counties, 10 people were arrested on driving while intoxicated charges.

At the time of the report, New Jersey State Police did not have a final tally of the total number of DWI arrests on State Police-patrolled highways during the holiday weekend, but it appeared that no fatal accidents occurred between New Year's Eve and into Friday morning on those roads.

Local police in Teaneck , Passaic and Fairview also reported three DWI incidents each between 11 p.m. Thursday and 7 a.m. Friday. In Fairview , police arrested a man after a traffic stop at 91st Street and Kennedy Boulevard , just over the North Bergen border, about 5:10 a.m. Friday, police said.

Clifton police arrested an alleged drunk driver on the Garden State Parkway who sent two people to the hospital with non-life-threatening injuries Thursday morning. Sarah Wallace, 22, of Lodi , was driving an Infinity G37 in the northbound right lane near Route 3 when she tried to crossover to the left lane, allegedly hitting a Nissan Murano in the center lane just after midnight, according to police. The Murano overturned twice and landed upright on the right shoulder.

Police report 10 New Year's drunk driving arrests on North Jersey roads, NorthJersey.com, January 1, 2010

Drunken driving, or DWI (driving while intoxicated), is a serious offense in New Jersey. From Atlantic City to Newark, law enforcement agencies and state legislators are getting more and more tough with people who drive under the influence of alcohol. As a New Jersey drunk driving defense lawyer, I and my colleagues understand the dangers of driving under the influence of alcohol or prescription drugs (DUI or drug DWI).

Recently, the New Jersey state legislature has taken on the task of making those convicted of fatal DWI traffic accidents go to jail and stay there longer. These days a conviction in the Garden State for operating a motor vehicle while inebriated is an expensive proposition; killing another person while drunk usually calls for jail time -- soon that jail term may be longer than many expect.

According to news reports, a bill entitled "Josh's and Craig's Law" could increase the penalties for motorists who cause a fatality as a result of a DWI traffic accident. The new legislation is being sponsored in the state Senate by Senator Jeff Van Drew and in the Assembly by Assemblymen Matt Milam and Nelson Albano.

The bill takes its name from Josh Moren and Craig Lozier, who died within weeks of each other in similar DWI-related accidents in Cape May County last year. The common thread, according to news reports, is that these two individuals were apparently killed by drivers who allegedly were driving under the influence of a large amount of alcohol, or a mix of drugs and alcohol.

Moren, who was 18, died in June of 2008 along Route 47 in Middle Township just three weeks after graduating from Sacred Heart High School. He was killed by 48-year-old Laura Lippie of Bridgeton, NJ. Lippie is currently serving more than sevens years in prison at Edna Mahan Correctional Facility for Women.

According to news articles, the new law would mandate a minimum sentence of 10 years for an DWI offense involving high levels of intoxication, such as Lippie was convicted for. Based on court records, Lippie pleaded guilty to having spent the day before the accident drinking vodka. Her blood-alcohol content (BAC) at the time of the accident was measured at 0.37 percent -- more than four times the legal limit.

Several weeks after Moren was killed, Lozier was hit by a drunk driver as he was riding a motorcycle on Route 47 near his home in Cape May Court House. Police reportedly filed DWI and drug possession and distribution charges against Nicholas Golden, the driver who hit Lozier. Golden was subsequently indicted on first-degree aggravated manslaughter charges, which carries between 10 and 30 years in prison. At the time of the news article, Golden was free on bail pending trial.

Continue reading "New Jersey DWI News: Pending Legislation could Increase Jail Sentences for Fatal DWI Accidents" »