New Jersey DWI Lawyer Blog

Regardless of jurisdiction, every police office must obey the letter of the law that they themselves are sworn to uphold. No ifs, ands or buts. As a former New Jersey municipal prosecutor, I have every respect for our men and women in uniform, but as a DWI defense attorney I am troubled by reports of police officers or other law enforcement professionals who break the law themselves.

All I can say is: When will these individuals realize that they need to be doing it better and cleaner than anyone else? As citizens, we all expect our public servants to provide good examples to us and our children. Recently, a news article once again reveals how even the best cops can risk losing it all for one too many drinks.

According to reports, a Port Authority police inspector has been suspended following her arrest in Morris County for drinking and driving. Captain Susan Durett, the highest-ranking female officer at the Port Authority Police Department was arrested around 10pm on a Friday night last month when another motorist called police to report a possibly intoxicated driver on Shunpike Road.

Responding to the call, police located the suspect's vehicle, which was traveling very slowly and crossing several times over the center line of the road, according to the police report. After being pulled over, Durett was given several field sobriety tests, which she apparently failed as officers then placed the suspect under arrest and brought her to police headquarters for processing. No blood-alcohol content (BAC) results were available at the time of the news article.

Based on reports, the 30-year veteran of the Port Authority police was suspended with pay and assigned to administrative work with no gun or badge, according to a Port Authority spokesman. Durett has been the department's highest-ranking woman since 2004 and she serves as an inspector, reporting to the assistant chief. The current length of her suspension was not known when the news reports came out.

Port Authority police inspector suspended after drunken driving arrest in Chatham, NJ.com, March 25, 2010, 6:39PM

As a New Jersey DWI defense attorney, my job is to provide motorists accused of drunk driving or drug DUI an aggressive defense against the charges. Taking into account that the state's case usually hangs on the strength of the evidence presented at trial, this evidence must not be tainted in any way for the prosecution to have a chance of conviction in instances of driving under the influence of alcohol or prescription drugs.

As a former municipal prosecutor myself, I know first-hand how important it is that police follow proper procedures when collecting evidence against an individual. If not done correctly, as a drunk driving defense lawyer, I know that opportunities exist to have the such evidence ruled as inadmissible by the court. A recent decision by the Superior Court of New Jersey, Appellate Division (STATE v. MANSOORY) overturned an earlier conviction based on the manner in which drug evidence was collected from a defendant's vehicle at the time of the arrest.

Leading up to the original case against Darius S. Masoory, which was tried in Cape May County, the defendant was arrested on charges of possession of cocaine after a search of the defendant's impounded vehicle, following his arrest on suspicion of drunk driving at a ferry terminal operated by the Delaware River Bay Authority (DRBA).

The search of the vehicle occurred because the defendant's friend was unable to drive the vehicle home, and therefore impound procedures require DRPA officers to inventory the contents of any legally impounded vehicle. In the curse of the inventory procedure, the officer found the wallet in the driver's side door.

The officer also inventoried the contents of the wallet, according to court records. During the inventory he found three folded white pieces of paper with white powder which was later tested and confirmed to be cocaine. The defendant's lawyer moved to suppress that evidence on the grounds of illegal search and seizure.

Although the court agreed that the DRBA officer had followed protocol, it agreed with the defendant and threw out the cocaine evidence. The judge in the case stated that if the officer was suspicious that the folded papers contained illegal drugs or drug paraphenalia, he should have obtained a search warrant to search the contents of the papers.

In unfolding and looking at the contents of the folder papers, the court said that the officer went beyond the permissible scope of an inventory search because he was no longer looking for items of value for purposes of safekeeping. The court thereupon granted defendant's motion to suppress the cocaine found within the folded pieces of papers.

According official records, when the State appealed the lower court's decision, the New Jersey appellate court agreed with the lower court and denied the State's appeal.

When fighting a drunken driving charge, a New Jersey DWI defense lawyer will use all of his experience to help his client get a fair trial. Since being arrested and charged with driving under the influence of alcohol is a serious offense with long-lasting and potentially detrimental effects on a person's life and livelihood, a drunk driving attorney will use the law in an effort to achieve the most favorable outcome.

The court will usually consider the defense's arguments and weigh those against that of the prosecution. A recent New Jersey appellate court decision (STATE V. UZUPIS) upheld one man's appeal of a drunk driving conviction. The circumstances of the arrest appeared to be questionable, which is why the defense files an appeal.

According to the original case tried in an Atlantic County court, Luke J. Uzupis had been arrested after police found him sleeping in his running vehicle. At that time, a police officer spotted the man's car parked at a closed gas station around midnight. The headlights were reportedly will on and the engine was running.

Police reported seeing the man lying back in the driver's seat. He did not respond when the officer knocked on the window, after which the officer opened the door, shook Uzupis and woke him up. Detecting the odor of alcohol on the man's breath, the officer reportedly heard the man say that he had been drinking.

Court records show that Uzupis did poorly on the field sobriety tests and when taken to police headquarters his blood-alcohol content (BAC) was measured at 0.10 percent. Uzupis was convicted of violating N.J.S.A. 39:4-50 in municipal court.

This latest appeal was the second one following the man's conviction in Atlantic County. Regardless, the Superior Court of New Jersey, Appellate Division upheld the original DWI conviction based on the reasons set forth in Judge Robert Neustadter's original decision.

The appellate court added that the only viable issue was whether the police had waited the twenty minutes required by State v. Chun before administering the Alcotest and whether he had defendant under continuous observation during that time. Both the municipal and the Law Division judges found that the Chun requirements had been met.

The defendant offered expert testimony that the field sobriety tests used were not scientifically reliable, but the State did not offer them as scientifically reliable tests. They were the basis for the officer's observations of intoxication. Proof of a defendant's physical condition of intoxication typically consists of proof through the testimony of a police officer with respect to his or her observations of the defendant.

The court added that a police officer is permitted to give lay opinion testimony as to whether a defendant was under the influence of alcohol, and added that the field sobriety tests certainly provided an acceptable basis for the arrest and subsequent administration of the Alcotest.

The outcome of charges arising from a drunken driving arrest, like many offenses tried in court, can be influenced by numerous factors. These can include the police officer's initial evidence of intoxication, the breathalyzer or blood test results, circumstances surrounding the arrest and whether or not law enforcement personnel followed proper procedures when gathering or handling any evidence related to the DWI case.

When it comes to circumstances, it's critical to remember that how a motorist conducts himself can influence how the police react and how the court views the defendant in the courtroom. For many people, being drunk or even slightly tipsy can bring out hidden personality traits, so there is no telling sometimes how a motorist will act when pulled over for allegedly driving under the influence of alcohol, prescription drugs or marijuana, cocaine or other dangerous controlled substance (CDS).

While there is no guarantee that acting the part of a model citizen during a DWI or drug DUI traffic stop will gain you any points for style if and when your case goes to trial, it can't hurt either. Sometimes, accepting your circumstances is the best path, especially when dealing with a law enforcement officer.

A news article illustrated what can happen when a drunk driving suspect decides not to cooperate with the police. According to the reports, 54-year-old Gerard Stickroth was observed by police allegedly driving erratically on Flocktown Road in Washington Township.

When officers approached the vehicle, the Long Valley resident was attempting to exit his vehicle, which apparently got stuck in a snow bank during the traffic stop. Officers also detected the odor of alcohol on the man's breath. According to the police report, Stickroth stepped outside the vehicle and fell backward into the snow.

At that point, the officers tried to handcuff the suspect, but he physically resisted their attempts. A brief struggle ensued between the motorist and the cops, during which the man was forced to the ground and finally handcuffed.

Police transported the driver to Hackettstown Regional Medical Center for injuries he sustained as a result of the fall and because of his high level of intoxication. Police eventually charged him with driving while intoxicated and resisting arrest.

Long Valley man arrested on DWI charges after scuffle with police, NJ.com, March 2, 2010

Marijuana CDS
In a possible drug DUI incident in North Arlington, NJ, two 20-year-olds in a light truck were stopped by a police officer who had been alerted by local residents to a possible marijuana drug deal going on in a local neighborhood. The traffic stop occurred on Belmont Avenue just before 4pm on a weekday. When the two men -- who apparently were passengers in the truck -- denied holding any marijuana, the officer told them that he would call in a drug sniffing dog to investigate. At that point, one man reportedly ran from the scene. He was eventually caught and arrested. Both he and the other 20-year-old were charged with possession of controlled substances and later released on summonses.

In Lyndhurst on a Saturday evening, police approached an apparently suspicious looking car that was sitting in a lot on Chubb Avenue. As officers approached the occupied vehicle, they could detect the reportedly strong odor of marijuana coming from the car. Based on police reports, a 15-year-old passenger and resident of Belleville, NJ, was charged with possession of marijuana.

Drunk Driving
In Rutherford, a 25-year-old woman was charged with DWI in the early hours on a weekday morning. The driver was pulled over after an officer noticed a cracked left taillight on her vehicle. The patrolman reportedly observed the woman's vehicle swaying and traveling over the speed limit on West Erie Avenue near Hackett Place. Failing to pass a field sobriety test, she was taken to headquarters where her blood-alcohol content (BAC) was measured at 0.18 percent. She was released to a responsible party.

In Lyndhurst a 53-year-old local resident was charged with DWI after he allegedly sideswiped a parked car on Kingsland Avenue late at night. Police allege that the man did not stop after hitting the car and refused a breath test when he was pulled over. He was issued a series of summonses, including DWI, leaving the scene of an accident, driving while suspended and operating an uninsured vehicle.

In another, early morning Lyndhurst traffic stop, police pulled over a vehicle on Riverside Avenue after officers observed the driver make a turn without signaling. Pulling over the 42-year-old Hoboken resident, officers noticed evidence of alcohol. The man was arrested and charged with DWI, as well as issued a summons for failure to signal a turn and for driving with a burned-out taillight. The driver was eventually released on summonses.

BLOTTER, LeaderNewspapers.net, March 25, 2010

BLOTTER, LeaderNewspapers.net, March 18, 2010

Lyndhurst: Police Blotter, NorthJersey.com, March 11, 2010

While there are a variety of drunken driving charges, those involving vehicle accidents are more serious than simply being pulled over for a minor traffic violation and then issued a summons for DWI. As a New Jersey drunk driving defense lawyer, I and my colleagues have represented hundreds of motorists charged with driving while under the influence of alcohol or prescription drugs.

Some of these people were involved in serious accidents, while others were simply going about their business when they were stopped by a police office on suspicion of driving while intoxicated, or just a normal traffic violation that ended up turning into a full-blown DWI or drug DUI charge.

A smaller percentage of drivers are arrested for operating a vehicle while impaired by alcohol or a controlled and dangerous substance (CDS) as a result of a fatal traffic accident. As a DWI defense lawyer practicing throughout the Garden State, I will say that the most serious cases involve fatal wrecks or very serious injury accidents.

Fortunately for one New Jersey driver, it was only he who was suffered injury as a result of an apparent drunk driving episode that left his vehicle lying on its roof in Middletown Township back in March.

According to news reports, the 25-year-old Woodbine man reportedly veered off the road at a possibly high speed, which then caused his vehicle to flipped over and come to rest on the passenger side. Based on police reports, witnesses said that they had seen the man driving in what was described as an aggressive manner just prior to the single-vehicle crash.

According to police, Samuel Gazzara, Jr. was allegedly intoxicated when the wreck occurred on Court House-South Dennis Road on a Monday morning. Once police and rescue personnel arrived on the scene, the driver was treated and then transported to Cape Regional Medical Center in Cape May Court House for injuries he received during the crash.

Police stated that Gazzara was charged with driving while intoxicated, careless driving and failure to maintain a lane. No other vehicles or individuals were hurt or injured as a result of the incident.

Woodbine man charged with DWI in Middle Township crash, PressofAtlanticCity.com, March 9, 2010

Being drunk on the road is always a risky scenario. But as a New Jersey drunk driving defense lawyer and former municipal prosecuting attorney, I know that many Motorists get caught up in DWI arrests unexpectedly. Understanding that being arrested for driving under the influence of alcohol is just the start of a long process is fine, but knowing that being convicted of driving while intoxicated is something you should avoid if at all possible.

The following may help some motorists in the Garden State avoid the pitfalls and legal troubles of being arrested, charged and convicted of drunken driving. Of course, the entire process starts with being pulled over for impaired driving in the first place. Whether you are eventually charged with DWI, drug DUI, breath test refusal, or other drunk driving violation, a traffic stop comes first.

Some people wonder is under what circumstances a patrolman can pull them over for driving drunk. While the officer in charge may not initially be aware of your alcohol consumption or prescription drug use, he can stop you for any number of reasons associate with violations of traffic law.

For instance, the policeman may actually see you running through a traffic light or even make a lane change without signaling. It's well known that certain vehicle maneuvers are signatures of a driver operating under the influence of beer, wine, hard liquor or prescription drugs. These suspicious driving patterns include drifting across the center line, weaving into and out of traffic lanes, driving well below the speed limit, or slowing and speeding up for no apparently legitimate reason.

Whenever a patrolman observes these and other so-called erratic driving behaviors, he may decide to make a completely legal traffic stop to observe you and your vehicle more closely.

Once a law enforcement officer has you stopped by the roadside, he or she will likely ask several questions. Whether you must answer these queries depends on the actual information be requested. You do not have to answer all questions put to you by an officer, but some you are legally required to answer, such as your name, age and whether you have a valid driver's license.

It is important to remember that police officers do not have to read you your Miranda rights until after an arrest has been made. Up until that point, the officer will probably attempt to illicit an incriminating statement from you, such as an admission that you were just coming back from a party or that you had been drinking. Gathering this type of information will help the municipal prosecutor to prove the DWI charges against you in a court of law and likely secure a conviction for drunken driving.

In the early hours on a Wednesday morning, police observed a vehicle apparently being driven in an erratic manner. Pulling the car over to issue a traffic citation, the patrolman likely detected evidence of drinking and driving on the driver's part, after which the 20-year-old female resident of Greenvillage, New Jersey, was arrested for driving while intoxicated. The officer took the allegedly drunken driver to police headquarters and charged with DWI. She was released to the custody of a friend not long afterward.

In a potential case of drug DUI, a 19-year-old out-of-state woman was found by police to be in possession of possession of marijuana and drug paraphernalia following a routine traffic stop in the municipality of Madison, New Jersey. Although the officer in charge had originally stopped the vehicle apparently for a moving violation, he discovered that a passenger was in possession of a schedule 3 narcotic. The woman was transported to headquarters for processing and later released pending a court appearance.

During a routine early evening traffic stop for defective vehicle, a Madison, NJ, police officer apparently suspected that one of the passengers in the vehicle may have had some kind of controlled dangerous substance (CDS) on his person. The suspect, a 19-year-old Fairlawn man, was arrested and charged with possession of marijuana, possession of prescription legend narcotics, and possession of drug paraphernalia. Officers transported the man to headquarters for processing and then released him pending a court appearance.

Police officers pulled a vehicle over in the early morning hours on a weekend for an apparent motor vehicle violation. During the traffic stop, police detected evidence of alcohol consumption with the 42-year-old driver of the vehicle. The local Madison man was charged with operating a vehicle while under the influence of alcohol. He was arrested and taken back to the police department for booking. In addition to DWI, the man was issued citations for careless driving and improper use of headlights.

On the same morning, a 20-year-old resident of Lebanon, NJ, was stopped by police for a routine traffic infraction. During the traffic stop, the officer made a determination that the driver was operating his car while intoxicated. The man was taken to police headquarters and charged with DWI, under-age possession of alcohol, refusal to submit to a breath test, and also speeding. A mandatory court appearance is pending.

Madison Police Blotter, TheAlternativePress.com, March 22, 2010

I was interviewed by the Star Ledger today regarding the New Jersey Ignition Interlock law. The related newspaper story is to be published early next week and shall focus on the growth in the state's ignition interlock industry. I would have to agree with the reporter concerning the growing demand for interlock devices in this state as a result of Ricci's Law.

NJ law was significantly expanded with reference to those DWI arrests to which an ignition interlock penalty applies. The amendment to the law, commonly referred to as "Ricci's Law", effects all arrests after January 14, 2010. The biggest change involves mandatory installation of an ignition interlock for first time offenders convicted based on a blood alcohol concentration of .15% or higher. The new interlock law also requires installation for all individuals convicted of refusal to submit to a breath test.

My impression is that the interlock will now come into play in the majority of DWI cases filed in NJ. Indeed, it shall effect not only all multiple offenders (e.g. Second Offense, Third Offense, etc.) and all refusals, but also a large portion of those committing their First Offense (i.e. .15 reading or higher). The associated expense, which can range from approximately $750 to $1,500, is a major consideration in these cases, not to mention the intrusive effect that imposition of an interlock has on an individual's travel. The incentive to defend a DWI charge in New Jersey clearly also experienced growth by virtue of Ricci's law.

As a New Jersey drunk driving defense attorney, I understand how alcohol -- beer, wine, hard liquor and other adult beverages -- remains the so-called legal drug of choice for most people. Other illicit drugs such as marijuana, cocaine, meth and illegally procured prescription medications are the other side of the coin.

Regardless of the type, society, the courts and the police have made it clear than any substance that impairs motor skills when driving is deemed a threat to the public's safety. That is why we have DWI laws and drug DUI statutes as well. Being stopped by the cops for driving while intoxicated, whether due to home-brewed ale or home-grown weed will likely get you arrested.

Having a qualified drunk driving attorney at your side is one of the better strategies in cases such as this. A recent news story coming out of Mount Olive, NJ, illustrates the kind of arrest that happens many times over during the year. According to reports, an out-of-state motorist was pulled over for a routine traffic violation -- a broken windshield and an obscured license plate.

During the traffic stop, police allegedly discovered marijuana and crack cocaine in Joseph Kacmarik's vehicle. Doing a background check, police discovered that the Pennsylvania resident previously had his New Jersey driving privileges suspended.

As the suspect got out from his car, officers noticed what looked like marijuana on the driver's seat. Based on this suspicion, police searched the vehicle and came up with a glass pipe that reportedly had burnt crack cocaine residue in it.

Kacmarik was ultimately charged with possession of crack cocaine, possession of marijuana, possession of drug paraphernalia, possession of a controlled dangerous substance in a motor vehicle, unsafe vehicle and cracked windshield. Kacmarik was transported to the Morris County Correctional Facility in lieu of $25,000.

Mount Olive arrests Pennsylvania motorist on drug charges, NJ.com,
March 19, 2010

Drunk driving in New Jersey is punishable by fines and jail time. Monetary costs for being convicted of driving under the influence of alcohol can range from hundreds of dollars to thousands (not including increased insurance premiums as a DWI offender). Jail time, when stipulated, can be as much as sic months for operating a vehicle while intoxicated. You can also lose your license for upward of three years, which could impact your ability to get to a job or meet family obligations.

In Monmouth County, like that of Bergen, Ocean, Mercer and other counties around New Jersey, the police and the courts frown on motorists who flaunt the law. Whether you are found guilty depends on your choice of counsel and the extent of the drunken driving charges against. As a New Jersey DWI defense lawyer and former municipal prosecutor, I know when to fight and when to negotiate.

In Hudson County recently, two individuals were arrested by police in separate instances involving alleged alcohol-impaired motor vehicle operation. According to reports, Bayonne police responded to a car that hit two other parked vehicles on Avenue A near midnight on a Friday.

Based on police statements, 52-year-old John Mendola had allegedly hit the cars, then got out of his vehicle and began walking away. Officers arriving at the scene spotted Mendola about 30 feet away when witnesses pointed him out to the police. Approaching him, police said that they detected the strong odor of alcohol on the man's breath.

Officers asked the suspect to perform several field sobriety tests, which he reportedly failed on the spot. Mendola was charged with DWI and was then taken to a local hospital due to his drunken state, according to police.

Two days later, a 39-year-old woman was observed speeding in the early morning hours by the police. Officers pulled over the driver, Andrea Smith, at 38th Street and Broadway. Smith allegedly had the strong odor of alcohol on her breath, police reports showed, as well as slurred speech and what police described as glassy eyes.

Officers also discovered what they believed to be the cap of an alcoholic beverage container in her purse and soon found a bottle of brandy as well. The woman, who also had an outstanding warrant out of Newark, NJ, was charged with driving while intoxicated. She was released on a summons.

Two drivers facing DWI charges in Bayonne, NJ.com, March 23, 2010

A former Yankee and Mets ball player was recently collared by New Jersey police on charges of driving under the influence of drugs. According to news reports, 45-year-old Dwight Gooden -- major league baseball ace pitcher -- was allegedly operating a motor vehicle in a drug-impaired condition with a child riding as a passenger.

As a New Jersey drunk driving defense lawyer, I know how serious this kind of charge can be, especially when a minor child may have been knowingly or unknowingly put in jeopardy because of the driver's actions. This is why I always recommend that people who are accused of DWI, drug DUI, breath test refusal or other traffic offense tied to driving while impaired contact a qualified legal professional as soon as possible.

In this case, Gooden was placed under arrest on a Tuesday morning for the drug DUI offense as well as reckless driving and leaving the scene of an accident. The fact that the man may have been involved in a possible accident makes the situation that much more critical.

Police reports show that Gooden was involved in a traffic accident just before 9am while driving his five-year-old son to school. The accident occurred in Franklin Lakes, NJ, on Old Mill Road, after which Gooden apparently drove off. News reports indicate that the man has already served jail time in the past for drug abuse.

Police have lodged a list of charges against the former MLB pitcher, including being under the influence of a controlled dangerous substance (CDS), endangering the welfare of a child, DWI with a child passenger, leaving the scene of an accident, reckless driving, failure to keep right and failure to notify change of address regarding driver's license. The police reportedly would not disclose the type or kind of drugs that were involved.

Dwight Gooden Busted for DWI in New Jersey, NBCNewYork.com, March 24, 2010

If the police find weed, cannabis, or marijuana in a motorist's vehicle they will most likely issue a summons for possession in a motor vehicle. While young drivers may not think anything of this, believe me when I tell you it is a serious offense; one for which you would do well to have a qualified DWI and drug DUI defense attorney by your side.

You may ask, why? First off, New Jersey law prohibits anyone from driving a car, SUV or truck while at the same time knowingly being in possession of marijuana. The key word here is knowingly, but that is another topic for another day. Suffice it to say, this law is directed at operators solely and cannot be applied to other occupants of the vehicle.

As New Jersey drunk driving defense lawyer, I have represented people accused of marijuana possession in a vehicle, as well as driving under the influence of a controlled substance and simple DWI. The penalty for marijuana possession in a vehicle includes a mandatory two-year license suspension.

Recently a young man was arrested by Mendham police on charges of marijuana possession in a motor vehicle, among others. According to news reports, the suspect attempted to eat the evidence to avoid being caught, however this strategy did not work out the way he planned.

The incident in question happened in the later morning on a Thursday while the young man was turning from Cold Hill Road onto Route 24. Based on police reports, 19-year-old Ryan Kuppersmith of Long Hill was pulled over after police noticed his rear-view mirror was obstructed.

The officer in charge stated that Kuppersmith did not stop immediately and was observed manipulating something inside the vehicle prior to pulling to the roadside. As the officer approached the suspect's vehicle he reportedly detected the odor of marijuana. During his interrogation of the driver, the patrolman could see what he assumed was marijuana stuck in the teenager's teeth and along his gums.

The assumption was that the man had had eaten the marijuana. As a result, Kuppersmith was charged with being under the influence of a controlled dangerous substance (CDS), possession of marijuana under 50 grams, possession of drug paraphernalia, hindering prosecution, obstructing administration of law, possession of a CDS in a motor vehicle, obstructed view and failure to exhibit proper documents.

Mendham police charge teen with eating marijuana stash while being pulled over, NJ.com, February 02, 2010

It's obvious that professional athletes and other well-known personalities get into their fair share of trouble from time to time. Drunken driving, driving under the influence of alcohol, prescription drugs or marijuana, even illicit or illegal drug DUIs are common. As a New Jersey drunk driving defense attorney, I and my colleagues represent numerous clients accused of these and other impaired driving offenses.

According to a news report, former Nets player, Jayson Williams, asked the court to toss out a DWI (driving while intoxicated) charge he received earlier not long ago in Manhattan. The NBA star claimed he had done nothing illegal and was simply sitting in his damaged Mercedes when local police arrested and charged him with driving under the influence.

The basketball star's DWI defense lawyer filed a statement along with other documents explaining to the court that Williams "had not, was not, or was not about to do any act which constituted a crime." According to reports, Williams is serving a five-year prison sentence in New Jersey after pleading guilty to aggravated assault for fatally shooting a limo driver in 2002.

In the drunk driving case, which remains open, prosecutors say they have evidence have William's blood-alcohol content (BAC) was more than double the legal limit after his Mercedes-Benz sport utility vehicle rammed into a tree last January 5. According to news articles, the local district attorney had no immediate response to those papers.

According to police reports, the evening of the crash, responding officers found Williams bleeding from several cuts and sitting in the SUV's front passenger seat. The former NBA star told the patrolmen that that he wasn't driving and that the person who had been operating the vehicle had left the scene. Prosecutors claim that nearby surveillance video and eye witness accounts place the 42-year-old Williams alone in the car that night.

Although he has pleaded not guilty, if convicted of DWI Williams could face up to a year in jail, that is, after he finishes serving time for the 2002 assault conviction.

Jayson Williams asks court to toss NYC DWI case, DaytonDailyNews.com, March 22, 2010

It's a fact that being convicted of drunken driving or drug DUI in another state can have the same effect as getting a conviction for driving under the influence of alcohol here in New Jersey. As a New Jersey DWI defense lawyer, I remind people that defending a motorist in cases of administrative suspension -- or when an out-of-state drunk driving conviction may be used for sentencing purposes -- is something an experienced DWI defense attorney is well-equipped to handle.

In the instance of an administrative suspension based on an out-of-state drinking and driving offense, New Jersey typically imposes that period of suspension which would be provided for under New Jersey law. That is to say, New Jersey's Division of Motor Vehicles would consider the type of conviction in terms of how many previous DWI offenses that particular conviction represents (e.g. a first, second, or third violation).

Recently, an out-of-state driver was arrested and charged with DWI after hitting a Jersey City police car in a late night accident. The man, 44-year-old Michael B. Kelley, was also issued a summons for refusing to submit to a breath test following his arrest.

The accident occurred on Tonnelle Avenue just after 11pm. A police car was reportedly stopped at Tonnelle and County Road at the scene of an injury accident when Kelley's pickup truck apparently side-swiped the marked police car. The office in charge said that the driver appeared to continue on showing no intention of stopping following the collision.

Police officers pulled the man over not far from the original wreck. The patrolmen reported that the suspect's eyes were bloodshot, his clothes were in a disheveled condition and he slurred his words while staggering outside of his vehicle. Furthermore, the man's Dodge pickup had obvious impact damage and a flat tire.

New York man charged with DWI after crashing into Jersey City police vehicle, NJ.com,
March 18, 2010

Since the passing of another anti-drunk driving bill in the state legislature earlier this year, some people have voiced concern over the safety of ignition interlock devices, which are designed to disable a vehicle if the operator's blood-alcohol content (BAC) is over a certain level. The law requires even those convicted of a first-time DWI violation to have the breathalyzer-type device installed on their vehicle.

As a New Jersey lawyer who defends motorists charged with driving under the influence of alcohol, I was not surprised by the passage of this law especially considering the strong public support for most any DWI, drug DUI or other drunken driving offenses. Not only does a conviction for driving while intoxicated carry a stigma that is not easily lost, court costs, fines and increased insurance premiums only add to the burden, even for first-time offenders.

Recently, an editorial addressed the concern of having so many vehicles fitted with a breathalyzer-ignition interlock device. The fear is that these devices might cause additional distractions or literally shut off the vehicle as it is traveling on a busy expressway, possibly causing an accident.

Based on the piece, which asks the question of whether or not you would plow up a balloon for your kids while operating a motor vehicle, answers some of the questions involving the safety of these ignition interlocks.

It's a legitimate question, since many accidents do occur because of driver distraction. Since the new state law requires a convicted DWI offender to blow into an ignition interlock device, does this happen while they are driving? And if so, really how safe is that for the driving public in general?

While the device requires the driver to blow into it to allow the engine to start, and then periodically while the car is being used, it apparently will not "shut down" the engine while the vehicle is in motion. In this case, if the device detects a BAC sample above a predetermined level, a signal will cause the headlights to flash and the horn to sound.

According to reports, it's a quick procedure that should not be as distracting as carrying on a continual conversation on a hand-held cellphone. That's nice to know, because we don't need any court-mandated devices causing additional accidents all in the name of safety.

Road Warrior: Drunken driving interlocks: Are they dangerous?, NorthJersey.com, March 3, 2010