New Jersey DWI Lawyer Blog

A resident of Oak Ridge, NJ, was recently given three years in jail for a May, 2009, drunk driving accident that left a 71-year-old newspaper delivery man with multiple injuries. As a New Jersey DWI defense attorney, my firm handles drunken driving cases through the Garden State. I know from experience that severe injury accidents involving alcohol can land a motorist in prison very easily.

In this particular case, the defendant was found guilty of operating a motor vehicle while intoxicated. Furthermore, the man had apparently tried to elude Jefferson Township police while driving drunk a second time months after the accident, something that never improves one's chances in court. As a former municipal prosecutor, I understand the strategies used by prosecuting attorneys when it comes to DWI offenders.

According to news reports, Superior Court Judge David Ironson sentenced 23-year-old Ibrahim Hasan to three years in prison for having deprived the victim, Oak Ridge resident Jerry Begley, of what should have been his golden years.

The defendant's attorney had requested a sentence consisting of a long-term, in-patient substance abuse therapy and probation, instead of prison. Apparently the judge turned down that request.

At the time of the accident, Begley was reportedly a subcontractor who delivered the Daily Record and other newspapers. He was on his way from his Oak Ridge home to retrieve newspapers in Hibernia when the defendant crossed into his lane on Berkshire Valley Road around 1:30am on May 5, 2009. The cars collided head-on. Hasan reportedly had a blood-alcohol content (BAC) of 0.13 percent following the collision.

Police reports show that Begley was extricated by rescue workers, who cut him out of his vehicle. He reportedly has undergone multiple surgeries to repair breaks in his legs, pelvis and arm, as well as to mend his hips.

In his second instance of drunk driving in July of last year, Hasan apparently eluded police for five miles on a motorcycle after an officer signaled him to pull over for having a broken taillight. He was driving 62mph in a 45mph zone, and found to have a BAC of 0.15 percent after being stopped by police.

In addition to his prison term, Hasan was ordered to pay $2,591 in restitution to Begley and another $2,160 in fines. His license was suspended by the judge for two years.

Oak Ridge man gets prison for drunken crash, fleeing police, DailyRecord.com, March 12, 2010

As a New Jersey DWI defense lawyer, I can tell you unequivocally that running from or trying to evade the police due to a drunk driving stop or worse, a DWI traffic accident will in no way improve your chances in court. Being convicted for driving under the influence of alcohol is already a stigma in our society; the law these days is extremely harsh on violators, which makes any additional related offenses counter-productive at best.

Not long ago, a 22-year-old man was arrested for drunk driving as well as allegedly being involved in a single-vehicle traffic accident in Barnegat, NJ. According to news reports, the incident started with a call to police regarding a one-car collision on Route 532 in the early morning hours on a Sunday.

When the officers arrived, they found a Toyota Tacoma with severe front-end damage that had obviously crashed into a snowbank, however the vehicle was empty and there was no sign of the driver. Police also noticed that the vehicle's two front airbags had been deployed due to the impact.

Noticing footprints in the snow that seemed to lead away from the vehicle, officers called in the K-9 unit attached to the Ocean County Sheriff's Department for help in tracking the suspect. The effort was unsuccessful, however, and police gave up after an hour.

Several hours later, another patrolman found the uninjured driver, Ryan Rickmers, walking through the woods near his Ocean County home. According to police, there were no other occupants in the vehicle.

Patrolman Michael DiBlasi arrested the man on charges of driving while intoxicated, reckless driving, failure to maintain a lane, failure to report an accident and leaving the scene of an accident. He was released pending a court date.

Cops track driver after crash in Barnegat, charge him with DWI, APP.com, March 3, 2010

Defending motorists charged with driving under the influence of alcohol is a common sight in New Jersey municipal courts. Whether a person is arrested in Monmouth, Bergen, Ocean or any number of other counties throughout the Garden State, the routine is always the same: Contact a qualified and experienced DWI defense lawyer.

Being a New Jersey drunk driving defense attorney, I have handled dozens of driving while intoxicated court cases, as well as drug DUI and breath test refusal. Regardless of where you live, being arrested for DWI or for operating a motor vehicle under the influence of illicit or prescription drugs is a serious offense not to be taken lightly. The following arrest reports illustrate the kinds of cases we typically see.

Red Bank
Five individuals were arrested over the course of 10 days for driving under the influence of alcoholic beverages. The suspects ranged in age from 21 to 60 years old. Three of the arrestees were residents of Red Bank, NJ, while the other two were from other communities; a 21-year-old man from Eatontown and 51-year-old gentleman from Rumson, New Jersey.

Asbury Park
A 41-year-old woman from Freehold was pulled over by police on Main Street for a routine traffic violation. During the traffic stop, the officer in charge apparently detected some illegal drug paraphernalia in the vehicle. Upon further inspection, the patrolman found crack cocaine on the suspect's person. The driver was arrested and charged with possession of crack cocaine, possession of drug paraphernalia and motor vehicle violations.

Howell
A 32-year-old Lavallette man was pulled over on Strickland Road by police officers for what apparently was a routine traffic violation. During the stop, the police detected the scent of marijuana and found the driver in possession of less than 50 grams of the illegal herb. Police arrested the man and charged him with operating a motor vehicle in possession of a controlled dangerous substance (CDS).

Continue reading "New Jersey DWI Police Blotter: Drunk Driving and Drug DUI Arrests in Monmouth County" »

Recently there was an important change to New Jersey drunk driving law affecting the sentencing of motorists convicted of DWI offenses. According to reports, a New Jersey appellate court overturned a decision that had stood as a precedent for the past 17 years. As a New Jersey drunk driving defense lawyer, my aim is to help those accused of driving under the influence of alcohol or prescription drugs get a fair hearing. Changes such as this latest decision will have a great affect on DWI case going forward.

The recent appellate court ruling states that any previous convictions for the violation of New Jersey's implied consent law must now be considered as prior DWI convictions where drunk driving sentencing is concerned.

The case in question, State v. Ciancaglini, No. A-2785-08T4 (N.J.A.D. 2010), was brought by the state of New Jersey as an appeal to the sentencing of Eileen Ciancaglini, a woman charged with drunk driving back in May 2008 (at that time Ciancaglini blew a 0.17 percent BAC on a breathalyzer).

Ciancaglini had already been convicted of drunk driving in 1979; she was also convicted of refusing a chemical alcohol test in 2006. When she pled guilty to the 2008 DWI charge she was sentenced as a third-time offender by the municipal court (Here in New Jersey, drunk driving defendants have the right to appeal the decisions of municipal courts to New Jersey Superior Court, which is exactly what Ciancaglini did).

In that appeal, the Superior Court used a precedent established in State v. DiSomma, 262 N.J.Super. 375 (N.J.A.D. 1993). In the case, the court found that prior refusal convictions did not count as prior DWI convictions under New Jersey's DWI sentencing statute, N.J.S.A. 39:4-50. (This law also requires the court that sentences the defendant to discount a conviction so long as it occurred more than 10 years prior to the current conviction.)

Continue reading "DWI Defense Law Update: NJ Appellate Court Overturns Decision on Sentencing for Convicted Drunk Drivers" »

As a New Jersey drunk driving defense attorney, I and my fellow lawyers must know all the details of DWI law and the processes that law enforcement agencies use to determine legal intoxication due to alcohol consumption. Part of this knowledge is how a breath testing machine, such as the Alcotest device, is used and procedures required by law that make any reading valid and useful in a court of law.

In New Jersey, the law states that for a breathalyzer machine to yield readings that can be used with confidence, the operator must ensure that at least 20 minutes have elapsed since the drunk driving suspect's last ingestion of alcohol before administering the test. The reason for this is to avoid any possible presence of what is termed "mouth alcohol." If this observation period is not followed, there is a chance that the machine can give a falsely high reading, as per State v. Downie, 117 N.J. 450, 455 (1990).

Although the term "ingestion," is used here, the main purpose of the 20-minute time interval is so the breathalyzer operator can be assured that there is no alcohol present in the suspect's mouth at the time of testing. As stated previously, any residual alcohol in the person's mouth could cause an inaccurate measure of breath alcohol, which would invalidate the reading and call into question the procedures used by police.

The Alcotest machine (model 7110 MKIII-C) is equipped with a "slope detector" that supposedly is capable of detecting the presence of mouth alcohol, which could affect a breath test result. Regardless, the New Jersey Supreme Court in State v. Chun, 194 N.J. 54, cert. denied 129 S.Ct. 158, 172 L.Ed.2d 41 (2008) held that an operator must wait 20 minutes before collecting a sample to avoid overestimated readings due to residual effects of mouth alcohol.

The court's decision included an additional requirement, such that the operator must observe the test subject for the required 20 minutes to ensure that no alcohol has entered the person's mouth while awaiting the start of the test sequence. Additionally, if the suspect swallows anything, or regurgitates, or if the operator notices chewing gum or tobacco in the person's mouth, the operator is required to begin counting the 20-minute period anew.

A Morris County jury recently convicted a Dover, NJ, resident in connection with the April 2006 deaths of two teenage girls. As a result of the guilty verdict for aggravated manslaughter, the defendant Eugene Baum, Jr. could be looking at a maximum of 60 years in prison for the fatal drunk driving-related accident.

As a New Jersey DWI defense attorney, my law firm handles cases not unlike this one on a regular basis. Because of the facts in the case, it's not surprising that the prosecutors would be seeking the maximum sentence of 60 years in jail for the defendant. According to news reports, the accident occurred in Kinnelon, NJ, on April 20, 2006, when Baum ran over the two cousins while operating his vehicle in an apparent drunken stupor.

News articles stated that the jury deliberated for three hours before declaring the 48-year-old Dover resident guilty of two counts each of aggravated manslaughter and death-by-auto. Following the guilty verdict, the Morris County Prosecutor said his office would seek a 60-year sentence -- 30 years apiece for the aggravated manslaughters. The accident took the lives of 16-year-old Athear Jafar and 15-year-old Mayada Jafar.

In order to attain an guilty verdict on the counts of aggravated manslaughter, Morris County prosecutors had to prove that Baum was not only reckless but acted ''under circumstances that manifested an extreme indifference to the value of human life.'' They also had to find there was a probability that death would occur by his conduct. For jurors to find the defendant guilty of the death-by-auto charges, which carry punishment of up to 10 years in prison, they had to decide if Baum acted recklessly.

According to police, Baum's blood-alcohol content following the accident was 0.305 percent, or nearly four times the legal limit of 0.08 percent. Court records show that the man drove while intoxicated on vodka nearly 15 miles from his home in Dover and struck the girls from behind as they walked on the shoulder of the road. He never used his brakes, according to court documents.

Dover man convicted in teens' DWI deaths, faces 60 years in prison, DailyRecord.com, February 19, 2010

A Union County resident was recently arrested for driving under the influence of alcohol and possession of illegal drugs following a Denville, NJ, traffic stop. According to reports the driver apparently left the scene after being stopped by Denville police. He then proceeded toward Roxbury where local police say the man crashed his vehicle trying to avoid capture.

Being a drunk driving defense attorney practicing in Morris, Union and other counties throughout New Jersey, I know that any attempt to evade or lead police on a chase will only make things worse once they catch up with the suspect. Indeed, it is a rare drunk driver who can out-think or out-drive any of the Garden State's law enforcement professionals. Better to accept your situation rather than make things worse than they already are.

In this particular case, the driver ended up crashing his GMC Envoy in the municipality of Roxbury and he still was arrested for DWI and drug possession. According to news articles, the incident started with Denville authorities attempted to pull over 36-year-old Manuel Mosquera around 3pm on February 12. The man apparently tried to evade the Denville officers before they could get him to stop his vehicle.

Roxbury Patrolmen Richard Ricco and Mike Fournier, who were in the vicinity, heard the Denville alert regarding the fleeing driver. Soon after, the officers spotted Mosquera's sport utility vehicle driving along Route 10 near Hillside Avenue. Police reports indicate that the vehicle had a broken brake light and was drifting onto the roadside shoulder.

The Roxbury patrolmen pursued the suspect off of Route 10 and onto Commerce Boulevard where it reportedly struck two vehicles that were waiting to make a left turn on to Commerce. The suspect then continued across the street, jumped the curb, continued into a wooded area and eventually hit a tree.

Police arrested Mosquera, who admitted to drinking rum and injecting cocaine. Officers later found a hypodermic syringe on the floor of the vehicle on the driver's side. The man was charged with eluding police, being under the influence of a controlled dangerous substance, possession of a syringe and drug paraphernalia, having an open container of alcohol in a motor vehicle, possession of CDS in a motor vehicle, failure to yield, failure to signal, driving while under the influence, reckless driving, consumption of an alcoholic beverage in a motor vehicle, lamp maintenance and failure to maintain a lane.

Cops: Driver fleeing police was drunk, high on cocaine before Roxbury crash, MyCentralJersey.com, February 16, 2010

Leaving the scene of an accident is one of the many mistakes that motorists can make following an automobile wreck. As a New Jersey drunk driving defense attorney and former municipal prosecutor, I understand how certain facts can influence the decision of a drunk driving court judge. While one's first reaction to something as traumatic as a car collision is to avoid the scrutiny of a responding police officer, the ramifications of leaving the scene of an accident can be quite severe.

Especially where alcohol is involved, police agencies and the courts have become very critical of motorists who flaunt the law to their own advantage. Recently, a Parsippany resident who was later accused of a drunk driving-related car accident allegedly fled the scene; turning a bad situation into an even worse one.

According to news reports, 48-year-old Elizabeth Stockinger was arrested around 1pm on January 29 after she apparently drove her 1993 Mercury Sable into a second vehicle on East Halsey Road. Immediately following the collision, the woman reportedly drove away in the direction of Pomeroy Road. Based on police reports, Stockinger crossed the double yellow traffic line prior to the accident while trying to make a left-hand turn.

Police say that Stockinger's car, which had sustained heavy front-end damage, was observed by a Parsippany police officer who reported that the vehicle was traveling along Pomeroy Road shortly after the accident. In an apparent effort to evade the police officer, Stockinger drove her vehicle in reverse for a short distance, but did not get far as the street she was on is a dead end.

Police eventually caught up to the driver and she was charged with driving while intoxicated, reckless driving, refusing to submit to breath testing, having open alcohol containers in a motor vehicle, leaving the scene of an accident, failing to yield right of way and failing to report a motor vehicle accident.

Parsippany woman accused of DWI, leaving scene of accident, NJ.com, February 2, 2010

When it comes to car-pedestrian accidents, the person on foot rarely has a chance. Add alcohol consumption into the mix and that's a potentially deadly combination. The trial of a Jersey City police officer who was arrested for the drunk driving death of a pedestrian has recently come to its completion. According to news reports, the off-duty officer faces up to 10 years in prison for killing a pedestrian in an out-of-state DWI crash.

As a New Jersey drunk driving defense attorney, I have been on both sides of the aisle in cases similar to this one. An arrest for driving under the influence of alcohol, breath test refusal or prescription drug DUI is already a serious situation that calls for the assistance of a qualified drunk driving lawyer. In cases involving a fatality, whether pedestrian or another driver, an experienced DWI attorney is a necessity.

Based on news articles, the incident that led to the arrest occurred in Manhattan back in Early 2009. At that time, the former officer, Martin Abreu reportedly had a blood-alcohol content of 0.124 percent when he struck and killed 26-year-old Huang "Marilyn" Feng. Based on reports, Abreu's police partner was riding in the car with him at the time of the collision.

Court records show that Abreu's car struck Feng and her boyfriend as they were walking home just before 4am after an evening of dancing. When police and emergency personnel arrived at the scene, the obviously intoxicated Abreu was still behind the wheel of his 2007 Camry with the engine running. The driver admitted to responding officers that he had hit Feng.

The arresting officers described the suspect as having watery eyes, slurred speech, with the smell of alcohol on his breath and a bottle of liquor in the car. Initially, Abreu reportedly refused to submit to a blood-alcohol test, however he did eventually agree to take the test and blew a 0.124 percent reading.

Abreu, who had been with the Jersey City Police Department since 2005, was charged with two counts of aggravated vehicular homicide, two counts of aggravated vehicular assault, two counts of vehicular manslaughter in the second degree, two counts of vehicular assault in the second degree, and two counts of operating a motor vehicle while intoxicated.

According to news reports, Abreu will be eligible for parole in 3 1/2 years, while his maximum sentence can be as much as 10 1/2 years.

Jersey City cop gets prison for fatal drunken driving accident, NJ,com, February 24, 2010

Fatal 'DWI' cop's partner saw it all, NJ.com, February 10, 2009

A Federal Express delivery truck driver who was fired for a drunken driving-related traffic offense was recently denied an appeal to get New Jersey unemployment benefits. It's no surprise that penalties for DWI and drug DUI offenses are pretty heavy in the New Jersey area. This story only brings home the point that retaining a qualified drunk driving defense attorney should always be foremost in one's mind following a DWI arrest.

As a New Jersey DWI attorney, my office handles cases of motorists arrested for driving under the influence of alcohol and prescription drugs on a regular basis. It's not uncommon for many drivers charged with driving while intoxicated to get hit with fines and other monetary penalties as well as court-imposed jail sentences.

Additionally, this case should remind everyone that a DWI conviction can make a motorist ineligible to receive unemployment insurance. This is exactly what happened to Alan G. Roche last January after he was fired from his driving job at FedEx, also as a resul of his drunk driving arrest. In fact, recent appeals court decisions have upheld the denial of unemployment benefits due to a worker leaving a company voluntarily "without good cause attributable to the work."

Based on reports, Roche was cited for drunk driving in February 2008 while driving his private car outside of working hours. Unfortunately for Roche, FedEx's company policy calls for any driver who does not clear a DWI charge from their record within three months to either find other (non-driving) employment in the company or be fired.

Based on reports, FedEx put Roche on unpaid leave for three months, but the man was not able to clear himself of the DWI charge within that time period. When he checked for other jobs at FedEx that did not involve driving, he was told that there were no open positions. Roche was fired from FedEx in June of last year.

Roche applied for unemployment benefits in New Jersey the following month, however he was denied them. A state review board said that a precedent from Yardville Supply Co. v. Board of Review, 114 N.J. 371 (1989), a New Jersey Supreme Court case from 1989, required them to deny Roche's claim.

Continue reading "New Jersey DWI News: Former FedEx Driver Denied Unemployment Benefits due to Off-hours DWI Arrest " »

While fighting a DWI arrest is a fairly common practice, fighting a drunken driving charge after "blowing" a double-zero on an Alcotest device is somewhat out of the ordinary. As a New Jersey DWI defense attorney, I and my colleagues are certified in the proper use, operation and maintenance of the Alcotest breath testing machine typically in use by most all of New Jersey's police departments and state DWI enforcement agencies.

According to a recent news article, a Garfield, NJ, man was charged with driving under the influence of alcohol even after he registered a 0.0 percent blood-alcohol content on not one, but two supposedly well-maintained and correctly calibrated Alcotest devices. Regardless, Fair Lawn police charged 20-year-old Dariusz Palka with DWI anyway.

Based on police reports, Palka was pulled over around 2am at a DWI sobriety checkpoint on Broadway and 17th Street while traveling in the city with a number of buddies back on December 19. The friends were reportedly looking for a place to eat as the reason for their late night drive.

Based on police reports, the officers at the checkpoint allegedly detected the odor of an alcoholic beverage coming from the vehicle, after which Palka was asked to step out of the vehicle and take a field sobriety test. According to police, the driver failed several of these sobriety tests and was subsequently placed under arrest.

Reports indicate that officers also discovered an allegedly fraudulent inspection sticker on Palka's Ford Explorer and removed the item as evidence.

Police took the man back to police headquarters where he submitted to a breath test on two separate Alcotest machines about an hour following the initial stop at the checkpoint. According to reports, neither the Bergen County Police Department nor the New Jersey State Police had a drug recognition expert available so Palka was not evaluated for possible drug usage.

Although the man observed that he likely failed the field sobriety tests because he suffers from insomnia and had not slept in about 24 hours, police decided to charge Palka with "operation of a motor vehicle by a person whose blood alcohol is between 0.01 percent and 0.10 percent and is under the legal age to purchase alcoholic beverages. The man entered a not guilty plea and was prepared to go before the Fair Lawn Municipal Court in regard to this charge.

Man charged with DWI with 0 blood alcohol level content, NorthJersey.com, February 11, 2010

For drivers traveling in Cape May and surrounding New Jersey counties, news reports indicate that the Avalon Police Department and other law enforcement agencies are taking part in a DUI prevention campaign until March 17, St. Patrick's Day. Known worldwide as a day of celebration, Saint Paddy's Day can be a busy time for local police and state law enforcement agencies focused on arresting drivers found driving drunk, as well as violating other DUI and DWI laws.

As a New Jersey drunk driving defense lawyer, I have seen the effects of these enhanced enforcement campaigns. Many motorists are picked up on the road or at sobriety checkpoints, also known as DWI roadblocks. The penalties for drunk driving or drug DUI convictions can be very stiff and can also include jail time for repeat offenders. It's always a good idea to seek professional legal advice if you or someone you know is arrested or receives a summons for driving while intoxicated.

According to reports, the Avalon Police Department is currently participating in an impaired driving prevention operation until the 17th. It's no coincidence that this campaign coincides with St. Patrick's Day, which police know involves the consumption of alcoholic beverages by many motorists.

In order to help make the holiday safe for the driving public, the National Highway Traffic Safety Administration (NHTSA) has reportedly developed a safety program for local police agencies to put into effect during the month of March. This effort is based, according to the NHTSA, on statistics that show alcohol plays a major role in accident-related fatalities on St. Patrick's Day.

In 2008, 37 percent of motorists and motorcycle riders who were involved in fatal traffic wrecks on St. Patrick's Day had a blood-alcohol content (BAC) of 0.08 percent or more (0.08 is the legal threshold for being drunk in New Jersey, as well as other states around the country). According to reports, there were 134 fatal accidents on St. Patrick's Day in 2008, 50 of which involved at least one motor vehicle operator who was legally legally drunk at the time.

Police recommend the following steps to having a safe St. Patrick's Day:

• Plan a safe way home before the festivities begin
• Before drinking, choose a designated sober driver
• Leave your car keys at home
• If you believe you are impaired away from home, call a sober friend or family member to get a safe ride home
• If you know someone who is about to drive or ride while impaired, take their keys and help them make other arrangements to get to their destination safely

Avalon Police Will Take Part in DUI Prevention Campaign, CapeMayCountyHerald.com, March 03, 2010

Accidents resulting from drunken driving are typically treated much more strictly by local and state law enforcement agencies when compared to "normal" accidents, such as inattentive or distracted driving. While the results may be just as costly or traumatic for those involved, it should come as no surprise that police have little tolerance for DWI-related crashes.

Being a drunk driving defense attorney representing drivers from all around the New Jersey area, I know how even a simple fender-bender can turn out to be a big deal once the police determine it may have been caused by alcohol consumption. Of course, a property damage accident is far less serious than a crash that takes an innocent life. This is why, no matter what the circumstances, consulting with an experienced DWI defense lawyer is the first step in the process of avoiding a drunk driving conviction.

Recently news reports detailed a crash in Lower Township in which the driver wrecked his vehicle by hitting a utility pole. The accident occurred on Sunday, February 28, in Cape May County, NJ, when a 9-1-1 operator received a call reporting a motor vehicle accident in the 500 Block of Sunset Blvd. The accident itself was described by witnesses as a vehicle-versus-pole wreck.

Patrol Officer Ed Edwards responded to the scene along with members of the Lower Township Rescue Squad. Upon arriving at the scene of the incident, Lower Township officers discovered 42-year-old Denise Leaming standing outside of her 1998 Plymouth Neon.

Leaming, a resident of Camden County, NJ, appeared to the officers to be inebriated. The allegedly intoxicated woman had facial injuries, which officers believed to have been sustained in the accident. After being treated at the scene by Lower Township Rescue Workers, she was subsequently transported to Cape Regional Medical Center by Lower Township Rescue Squad for treatment of her injuries. Officers accompanied Leaming to the hospital where they requested a blood sample as part of their accident investigation.

While at the scene, officers reported that the telephone pole Leaming struck had caught on fire from damage to the electrical wires. Leaming was charged with the following motor vehicle violations: Driving while intoxicated (DWI),careless driving, and uninsured motorist.

Driver Charged with DWI After Hitting Pole, CapeMayCountyHerald.com, March 1. 2010

A number of recent DWI and controlled/dangerous substance (CDS) arrests in Bergen County, New Jersey, illustrate the ease and frequency of drunk driving and drug DUI arrests around the state. As a New Jersey DWI defense lawyer, my aim is to help my clients get a fair trial and to defend each individual against potential abuses or procedural errors on the part of the police.

Drunken driving has become a serious offense in New Jersey, as well as across the United States. This does not change the fact that every person accused of or charged with a DWI offense is considered innocent until proven guilty. As a former municipal prosecutor, I understand the techniques used by law enforcement to attain drunk driving convictions. The following news items reflect the kinds of arrests that occur on a weekly basis here in the Garden State.

Lyndhurst
A 33-year-old Rutherford man and a 32-year-old man from Lyndhurst, NJ, were each arrested on a late January evening in what could have been a drug DUI incident following a complaint of illegal fireworks in the 100 block of Copeland Avenue. Police identified a vehicle that allegedly left the scene of the incident and conducted a standard motor vehicle stop. In the course of the arrest, one of the occupants was charged with possession of a prescription drug without a prescription. The other man was charged with possession of marijuana, and found to have a $400 outstanding warrant. Both were subsequently released on summonses.

Rutherford
A 34-year-old New York man was arrested on a Thursday morning in late January for DWI and careless driving following a motor vehicle stop on westbound Route 3. According to police, the suspect was allegedly passed out behind the wheel when the officers approached the man's vehicle. He was transported to Meadowlands Hospital due to his apparently high level of intoxication. Police later released the motorist on summonses.

A 20-year-old Kearny driver was arrested on January 30 in the early morning hours for DWI and failure to keep right. Police reported that the suspect made an illegal left turn onto Station Square and then began driving the wrong way before officers pulled him over. The driver reportedly failed a field sobriety test and later registered a 0.12 percent reading on the breath test. The man was subsequently released on summonses.

East Rutherford
A Rutherford resident was arrested in the early morning hours of a Sunday, charged with DWI. According to reports, witnessed flagged down a patrolman regarding a vehicle that had been observed swerving on southbound Route 17. Police reported locating the vehicle and its 25-year-old driver in a parking lot on the corner of Hoboken Road and Enoch Street. The motorist allegedly failed a field sobriety test, after which he was transported to Hackensack University Medical Center due to his being visibly impaired by alcohol.

Continue reading "New Jersey Drunk Driving Defense: Bergen County DWI and Drug DUI Police Blotter" »

The New Jersey State Supreme Court Appellate Division recently rejected the argument of defendant-respondent, Damian Tirello, who claimed that his breath test results were not admissible as evidence because the Alcotest-trained police officer did not remain in the DWI room with him during the 20-minute waiting period prior to administering a blood-alcohol content (BAC) breathalyzer test.

The Court referred to a previous ruling (State v. Ugrovics, 410 N.J. Super. 482 [App. Div. 2009]), and stated that the procedural requirements were in fact met in original case against Mr. Tirello. The appeal had been brought by the state as a result of a lower court's decision to throw out Tirello's breath test results due to a failure of the police to follow the correct procedure.

As a New Jersey drunk driving defense attorney and former municipal prosecutor, I understand the ins and outs of breath testing. In this particular case, the subject of the breathalyzer test claimed that the same officer did not remain in the DWI room, having left for a period of time before coming back to administer the breath test. However, the Court ruled that because another officer was in the room with the suspect continuously that the procedures were followed and the breath test results would stand.

According to court records, Tirello was arrested following a two-car accident in Wildwood, NJ. The man admitted to police that he was one of the drivers involved, during which Patrolman Nino Cusella detected an odor of alcoholic beverage on defendant's breath and observed that defendant's eyes were watery and bloodshot.

Although Tirello reportedly denied drinking any alcoholic beverages, Officer Cusella told him that he was stuttering and his speech was slurred. The suspect then admitted to drinking a couple of beers earlier in the evening. Although defendant was able to recite the alphabet, he swayed while performing field sobriety tests. He was then arrested, handcuffed and searched.

Officer Cusella testified that "everything" was taken from defendant's person, including his cell phone and any type of food, gum, mints or cigarettes. Police kept the suspect handcuffed in the patrol car and they were not removed until he was taken into the "DWI room" by Officers Cusella and Chobert.

According to reports, Tirello remained in the presence of an officer who was able to observe that he never put anything in his mouth, did not burp or regurgitate and did not use the bathroom.

Continue reading "NJ DWI Law Update: Jersey Supreme Affirms Alcotest Subject be Monitored by "Any" Competent Witness(es)" »

As New Jersey DWI defense lawyer who defends clients arrested for drunk driving, I can easily say that being charged with driving under the influence of alcohol, marijuana or prescription drugs in connection with a minor traffic violation is nowhere near as serious as being arrested for an injury accident or fatal alcohol- or drug-related crash.

The state of New Jersey takes a dim view of intoxicated driving, which is why the penalties and fines associated with DWI and DUI convictions can be rather severe. Add an injury or death as a result of a drunken driving accident and the outcome of a drunk driving trial could mean a very long prison sentence.

Not long ago a jury heard the initial statement from a defendant regarding a July 2008 fatal drug-related DUI crash that left a motorcycle rider dead following a head-on wreck along Route 47. According to reports, the accident occurred on a summer afternoon when Nicholas Golden slammed into the biker as the two vehicles approached each other.

The rider, 20-year-old Craig Lozier was unable, according to Middle Township police, to avoid the oncoming car driven by Golden, an 18-year-old out-of-state resident. Based on police information, Golden and his passenger, 18-year-old Kyle Zalot were traveling southbound along Route 47 when they attempted to pass some other vehicles. It was at this time that the accident happened. Lozier was pronounced dead at the scene.

Four hours after the fatal crash, Golden was interviewed by a detective with the Cape May County Prosecutor's Office. News reports state that the defendant initially told investigators that Lozier had entered his lane, but he later admitted he was in Lozier's lane.

Police allege that Golden and Zalot had been smoking marijuana prior to the incident. Because of this, Golden was charged with driving while intoxicated, as well as one count of death by auto, a first-degree crime. He was also charged with other motor vehicle violations. Golden's next court date is scheduled for March 11.

Jury Will Hear Defendant's Initial Statement after Lozier Fatal Crash, CapeMayCountyHerald.com, Februrary 10, 2010