New Jersey DWI Lawyer Blog

As a New Jersey drunk driving defense lawyer, I'll be the first to tell someone that mixing alcohol and motorcycle riding is a recipe for disaster. But sadly, drinking and driving even for seasoned bikers is not uncommon. When someone makes a mistake and takes to the road after having a drink or two, the result can be a DWI arrest at the hands of one of New Jersey's local, state or municipal law enforcement officers.

A news article not long ago told the story of a dual motorcycle crash that allegedly involved drunken driving. According to reports, three out-of-state riders met in a violent way on Route 78 near Bedminster, NJ, in late June. Police reports indicate that two motorcycles crashed in the early hours on a Sunday morning in northern New Jersey.

The crash, which the New Jersey State Police logged as a DWI-related claimed the life of a woman and left her companion critically injured. The other lone rider was arrested and charged with operating a motor vehicle while intoxicated.

Based on police reports, 56-year-old Paul Shelly and 45-year-old Nicole Widener were riding on Shelly's bike when it was struck apparently from behind by the second motorcycle driven by Maurice Smith, 36, of Patchogue, NY. Police said that Shelly was riding along the highway's center lane when Smith apparently attempted to pass them at what police describe as a "high rate of speed." According to the news, Smith's bike contacted with the rear wheel of Shelly's motorcycle causing the couple's vehicle to go out of control.

Widener was thrown into the roadway, where she was subsequently run over and killed by a car that then left the scene. Shelly ended up on the side of the road and was taken to Morristown Memorial Hospital, where he was listed in condition with leg and other injuries. Smith sustained several cuts and bruises and was treated at the hospital before being taken into custody.

Pa. woman dead in N.J. 2-motorcycle crash; one injured; one charged with DUI, PoconoRecord.com, June 20, 2010

Anyone considering driving under the influence of marijuana should definitely understand the law here in the Garden State. In fact, anyone who knowingly is in possession of pot, weed or hash while operating a motor vehicle runs the risk of being arrested and charged with a violation of New Jersey law, specifically N.J.S.A. 39:4-49.1 - this is no joke. The cops will arrest you and local prosecutors will push for a conviction.

As a New Jersey DWI and drug DUI defense lawyer, I have years of experience in this area. Having been a former municipal prosecutor, I also know the lengths to which the state will go to secure a conviction. Understanding the prosecution's tactics, however, helps me to provide an aggressive defense for individuals accused of violation the law.

A news article not long ago detailed a couple arrests out of Morris County. These marijuana possession cases are not unlike those that occur every month throughout the state. Whatever the circumstances, if marijuana is found in your car, the police will usually issue a summons for marijuana possession in a motor vehicle. If found guilty, you could have you driver's license suspended for a lengthy two-year period with no chance for an special provisions or conditional license. Without the ability to drive, one could lose his or her job over such a conviction.

According to news reports, officers patrolling the Cinema 12 parking lot investigated what they felt as a suspicious vehicle at the rear of the theater. On closer inspection police wound remnants of a cigar near the driver's side door. At the time, the vehicle was occupied by two men. The driver, a 19-year-old Denville resident, was arrested when a small quantity of marijuana and a pipe were discovered in the vehicle. Police charged the man with under-50-gram possession of marijuana, possession of drug paraphernalia and possession of controlled dangerous substances (CDS) in a motor vehicle.

About a week later, police officers responded to a parking area at 200 Baldwin Road following reports of a suspicious vehicle. As the officers approached the vehicle, they noticed what appeared to be a marijuana cigarette sitting on the vehicle's center console. The 19-year-old driver was charged with possession of marijuana (under 50 grams) and subsequently released on his own recognizance pending a court date.

Parsippany: Police Blotter, NorthJersey.com, May 5, 2010

Drunk driving arrests can happen anywhere, anytime. In the Garden State, state police and local law enforcement agencies have little tolerance for motorists who drive while under the influence of alcohol, prescription drugs and marijuana, and illicit and illegal drugs (also known as controlled dangerous substances, or CDS).

As a New Jersey drunk driving defense lawyer, I and my staff have vast experience defending drivers accused of operating a motor vehicle while impaired by alcohol or drugs. In fact, it is common for drunken driving charges to be brought against an individual who is suspected of driving under the influence of drugs (also known as DUID). These include but are not necessarily limited to narcotic, hallucinogenic, or habit-forming substances.

It is important to understand also that New Jersey law prohibits driving if a person is impaired by marijuana, cocaine, or other narcotics -- which even includes prescription drugs such as morphine. For legal purposes, the standard of proof used to establish a narcotic-based DWI charge has been established in the 2006 court case of State v. Bealor. Furthermore, in State v. DiCarlo, the law actually defines the term narcotic -- for the specific purpose of establishing a basis for driving while intoxicated charges here in New Jersey.

Defending against a DUID requires a slightly different approach than that of a DWI defense, at least in the area of blood and breath tests. One area in particular is challenging any chemical test that may have been administered to evaluate a driver's alleged drug use. It's a fact that New Jersey's implied consent law applies only to alcohol and doesn't require that a motorist to provide blood, breath or urine samples when he or she is suspected of driving while impaired by drugs.

It is important to note that the law makes a distinction between drivers of privately-owned passenger cars and truck drivers (or other person with a commercial driver's license or CDL). These individuals are required to take a chemical test if they are involved in a traffic accident or even suspected of driving under the influence of drugs.

When it comes to chemical tests, it is understood that the concentration of a drug in the bloodstream does not necessarily reflect the level of that individual's intoxication. For DUID defense purposes, chemical tests (when used to detect drugs in the bloodstream) are only valid if they were administered by a DRE or drug recognition expert. If the police station tests a driver but has no DRE on staff, the evidence will be inadmissible in a court of law.

Dozens of arrests for drunken driving are performed by New Jersey law enforcement personnel every week in the Garden State. As New Jersey drunk driving defense lawyers, I and my colleagues have seen just about every kind of DWI and drug DUI case, yet nothing surprises us much these days. On any given shift, state police, county sheriff and local municipal police officers pull over and otherwise stop and charge motorists with driving under the influence of alcohol.

From the initial traffic stop to the actual arrest and then performance of a blood-alcohol content (BAC) breath or blood test (to determine if a driver is legally intoxicated), the process of being charged and possibly convicted of drunk driving can be a scary prospect for many people. Beyond simple monetary penalties, a DWI or drug DUI conviction can result in loss of employment and can potentially ruin personal and business relationships. The following accounts of North Arlington drunk driving arrests are typical of those encountered around the state.

Drinking and Parking
Police were summoned in the late afternoon of June 20 to the parking lot of a CVS drug store following the report of a drunken driver. The caller to 911 reported that a car, which had been traveling on Schuyler Avenue and that swerved across a double yellow line, had subsequently pulled into the CVS parking lot. Officers arriving on the scene approached the suspect vehicle and soon detected the smell of alcohol on the operator's breath. The driver was identified as a 53-year-old Bloomfield, NJ, resident. The man was asked to perform several field sobriety test, which he reportedly failed. He was arrested for driving while intoxicated and issued a DWI summons.

Tailgating Under the Influence
Less than 24 hours later, in the early morning of June 21, a police traffic police patrol on the Bellville Turnpike spotted a vehicle driving erratically, swerving along the road and tailgating the vehicle ahead of it. According to police reports, the officers pulled the vehicle over and conducted a routine traffic stop. During the stop patrolmen noticed the scent of alcohol on the driver's breath. The 32-year-old woman driver from Sayreville failed a field sobriety test and was then arrested for driving under the influence of alcohol. Officer took the man to police headquarters where he apparently refused a breath test. He was issued summonses for drunk driving, tailgating another vehicle, failure to keep right, careless driving and breath test refusal.

Sleeping Off an Apparent DWI Accident
The next day another driver was arrested for drunken driving after police arrived at the scene of a motor vehicle accident on Garden Terrace just off Ridge Road. Officers found the vehicle smashed up against another parked car. The 30-year-old Lyndhurst woman was still in the vehicle, reportedly slumped over in the driver's seat. Police observed that she was very lethargic and nearly unconscious. Officers sent the woman to Clara Maass Medical Center for medical attention. She was later arrested and charged with DWI and careless driving.

North Arlington: Police Blotter, NorthJersey.com, July 1, 2010

If you feel that jail time for a drunken driving conviction merits DWI being categorized as a crime, and therefore a jury trial, you're not alone. However, as stiff as sentences can be for driving under the influence, the Superior Court of New Jersey, Appellate Division, believes otherwise. A recent decision made that abundantly clear when Steven G. McLaughlin filed an appeal for a DWI conviction he received because his case was not heard by a jury.

As a New Jersey DWI defense attorney, I have heard defendants say they wanted a jury trial. This may not seem so odd, as many people believe that if jail time can be attached to a drunken driving conviction, then they deserve to have their case heard by a jury of their peers. Unfortunately, this latest ruling by the New Jersey Superior Court will probably put juried trials on hold for motorists accused of driving under the influence of alcohol.

According to court records, in October 2008, Stephen McLaughlin was denied his motion for a jury trial on his third charge of driving while intoxicated by the Law Division. This motion followed a trial in Brick Township back in September 2005 when McLaughlin was convicted of DWI, reckless driving, and speeding.

Upon appeal the man was again found guilty of all three offenses and was sentenced to 90 days in jail and 90 days of in-patient alcohol treatment for the drunk driving offense. This included a concurrent sentence of 30 days for the reckless driving charge. The court also ordered the man's license to be suspended for 10 years, as well as being assessed related fines and court costs.

Following a third appeal and conviction, McLaughlin applied to the Law Division for a jury trial on his drunk driving offense. The trial judge in that particular appeal denied the defendant's motion and ordering the immediate execution of the sentence previously imposed.

In the Superior Court's decision, it stated that it rejected McLaughlin's motion for exercise of their [sic] rights to indictment by a Grand Jury and trial by jury. While the defendant indicated he faced serious "quasi-criminal and civil consequences" as a direct result of the municipal court proceedings, the fact remains that defendant faces these stated consequences as a direct result of driving while under the influence for a third time and charged accordingly.

Continue reading "Appellate Court: DWI Not a Crime under NJ Law Despite Jail Time for Certain Convictions" »

A potentially fatal car crash involving alcohol turned out well, at least in part, for a young woman from Gloucester County, New Jersey, in late June. According to news reports, the accident happened at the end of Shellbay Avenue in Cape May Court House, NJ. Police and emergency crews were called to the scene of a car which had driven off a pier and into the bay in Middle Township.

As a New Jersey DWI defense lawyer, I've heard more than my fair share of tragic auto accident stories arising from driving while intoxicated. In this particular case, the 21-year-old driver will have to face the court over DWI-related charges, but at least she's alive to talk about it.

Apparently police had received a 911 call just after 2pm on a Monday afternoon reporting that a car had gone over a bulkhead and was stuck front-end-down partially in the water, being held only by the safety railing at Carol Nicoletta Memorial Park. The driver, Jenna Davidson of Swedesboro, NJ, had been traveling east in her Toyota Camry Solara along on Shellbay Avenue when she failed to stop the vehicle as it entered the parking area.

The momentum of the vehicle took it over a concrete parking barrier as it continued eastbound through the park. It reportedly ran through the deck railing of a fishing pier at the far end of the park, plunging off the bulkhead and landing nose down in the bay. A tow truck called to the scene was able to secure the woman's vehicle while emergency rescuers jumped into the water to remove Davidson from the car.

The woman was transported to Cape Regional Medical Center for evaluation but was not admitted. According to police reports, Davidson was not only charged with careless driving and driving an uninsured vehicle, but also driving while intoxicated.

Driver charged with DWI after car plunges into the bay in Middle Township, PressofAtlanticCity.com, June 22, 2010

Times change, as they say, and nothing indicates change like the increased use of medical marijuana as well as illegal pot. Although many states around the nation have passed medicinal marijuana laws, state law enforcement agencies and local police are still stopping individuals who are possibly impaired due to driving while under the influence of a controlled dangerous substance (CDS), in this case marijuana or weed.

Whether a driver is actually impaired due to smoking hash or cannabis (drug DUI), or because of alcohol consumption (DWI) or just drowsy behind the wheel, traffic enforcement officers will likely key on possible erratic driving behavior or a defective vehicle equipment as justification for a traffic stop.

Since marijuana is one of the most common drugs encountered in the New Jersey area, marijuana possession arrests are relatively common. Possession in a vehicle is a chargeable offense and usually requires the services of a qualified drunk driving and DUI defense attorney.

• The questions that anyone arrested for marijuana possession should include the following:
• Did the officer have probable cause before he pulled you over?
• Did officers conduct a proper search of your vehicle (or person)?
• Can a local prosecutor actually prove possession or control of the pot discovered?
• Did law enforcement officers maintain a proper chain of custody and testing of the marijuana?

When it comes to proving possession, there are two types: actual and constructive. In cases where the state is trying to prove an individual was involved in the distribution of marijuana, it is essential for prosecutors to establish possession of the marijuana in question. It's important to understand that actual possession is literally the physical control of the marijuana coupled with a so-called awareness that the substance in question is, in fact, pot.

On the other hand, constructive possession constitutes an individual being aware that he or she is in the presence of the drug -- including the intention of possessing and the capacity to control the substance. Any individual accused of this must have the power and purpose to exercise control of the marijuana to be in constructive possession.

Of course, being arrested for possession of marijuana in a vehicle can result in a mandatory two-year driver's license suspension. And unlike a drunk driving-related suspension, possession of marijuana in a motor vehicle means a complete and total exclusion from operating a motor vehicle. Understand that when it comes to possession of pot in a car there are no special provisions under the law, such as a work license or a conditional driver's license. This is in addition to fines, assessments and other surcharges that inevitably are attached to a conviction involving marijuana possession in a motor vehicle.

Defending motorists accused of drunken driving can involve multiple factors, such as how the arrest was conducted, whether or not an Alcotest or other breathalyzer blood-alcohol content (BAC) test was performed, what kind of field sobriety test(s) were administered, and in which municipality the alleged DWI took place. As New Jersey drunk driving defense lawyers, my staff and fellow attorneys understand the ins and outs of DWI prosecution here in the Garden State. The following are some examples of the types of cases that are heard daily in our municipal courtrooms across the state.

Little Falls Car Crash and DWI, Marijuana Possession Arrest
Little Falls police officers were called to respond to a traffic accident on Main Street near Brookside Ave. According to news reports, a motor vehicle driven by a 19-year-old Fairfield, NJ, resident apparently ran into a utility pole. During the investigation, officers noticed that the driver had outward signs of being drunk and under the influence of alcohol. The driver was arrested for operating a vehicle while intoxicated as well as possession of marijuana and drug paraphernalia in a vehicle.

Montclair Police Charge Motorists with Drunk Driving
A 27-year-old North Plainfield man and a 20-year-old Newark resident were arrested in separate DWI stops during the early morning hours. The North Plainfield driver had stopped his vehicle in the intersection of Forest Street and Claremont Avenue for no apparent reason, while the Newark man hit a curb, drove onto a local resident's front lawn and destroyed some shrubs as well as hitting a PSE&G utility box. The Newark suspect apparently left the scene, but was found and charged with DWI.

A few days later police stopped a motorist driving a Cadillac in an erratic manner along Elm Street. The driver reportedly almost hit a curb as well as another vehicle parked on the street. Officers found an open bottle of beer in the car. The driver was given several field sobriety tests, which he reportedly failed. The man was issued summonses for drunk driving, careless driving and possession of an open alcoholic beverage container in a motor vehicle.

Teen Charged with DWI and Leaving an Accident Scene
Responding to a report of a driver needing assistance, police officers came upon a single-vehicle crash. According to news reports, police arriving in the area of Watchung Rd. and Wildwood Dr. in the early morning hours found the front lawn of a local residence. The responding officers found damage to the front lawn including a trail of automotive fluids leading about 60 ft. to an apparently abandoned car with a damaged front end. Tracing the vehicle back to the owner, police charged an 18-year-old for allegedly driving while intoxicated, plus careless driving and leaving the scene of an accident.

Little Falls: Police Blotter, NorthJersey.com, April 8, 2010

Montclair Police Blotter: DWI, Vandalism, Thefts, Baristanet.com, April 13, 2010

Police charge town teen with DWI, NorthJersey.com, May 13, 2010

How can I make the most of a bad situation? This is would seem to be a typical question foremost in the mind of a person being pulled over for driving under the influence of alcohol. Certainly there are things a person can do to soften the blow of a DWI arrest, but running from the cops isn't one of them. As a New Jersey drunk driving defense lawyer, my aim is to help drivers who have been accused of DWI and drug DUI -- reckless driving and evading a police officer are not going to help one's case.

This type of drunken driving arrest played out in Jersey City not long ago when an apparently inebriated driver was observed operating his automobile in a dangerous manner. According to reports, law enforcement officers in an unmarked vehicle saw a gold Mazda Millenia being driven recklessly along Martin Luther King Drive. Giving chase with their emergency lights activated they pursued the suspect vehicle, which proceeded to drive through a stop sign at Bostwick and Ocean avenues without stopping.

Apparently exceeding posted speed limits, the chase continued down Ocean Avenue, as officers saw the car cross a double yellow in order to swerve around traffic stopped for a red light at Bidwell Avenue. The driver reportedly ran two additional red lights before turning off Ocean.

The chase essentially ended when the driver lost control of the car on Van Cleef Street and smashed into a Mercedes-Benz sport utility vehicle parked along the curbside. The driver, 28-year-old Brandon W. James, apparently resisted officers' attempts to take him into custody, during which they reported smelling the strong odor of alcohol on the man. A search of the vehicle, which allegedly was not registered to James, turned up a partially consumed bottle of brandy.

The driver was arrested and charged with drunk driving, eluding a law enforcement officer and resisting arrest. He was taken to Jersey City Medical Center for a blood-alcohol content (BAC) blood test, according to police reports.

Jersey City cops say high-speed chase of gold Mazda ends with crash into SUV and driver facing DWI charges, NJ.com, Saturday, May 15, 2010

An apparently drunken out-of-state driver was taken into custody by Hoboken police after an early morning car-pedestrian traffic accident that resulted in the serious injury of a local man, according to news reports. Police said that the accident occurred around 1am on a Thursday morning right in front of Hoboken City Hall.

As a New Jersey DWI defense lawyer, I'm well aware of the complications that an injury accident can add to a drunken driving case. Fortunately for the driver, 38-year-old Pamela Currie, the injured man was not killed as a result; a fatal accident involving driving under the influence of alcohol can be quite serious and may lead to extensive jail time depending on the circumstances.

According to the news, Currie was driving a red Nissan Xterra southbound on Washington Street prior to the collision. Police reports also indicate that a male passenger was traveling in the vehicle as well. Based on reports, if it is determined that the passenger was sober at the time of the crash then that individual could be hit with a fine for allowing an intoxicated person to operate a motor vehicle.

Police stated that the driver appeared to be drunk as she stepped out of the car to take a field sobriety test. According to reports, one witness said that the pedestrian was thrown approximately seven feet before hitting the pavement on his left side. One of the man's shoes was found about 15 feet from where he landed. Police reportedly said that skid marks measured at the scene indicated that the driver was likely speeding at the time of the accident.

The injured pedestrian was taken by ambulance to a local Hoboken hospital. Currie's vehicle was towed away to a municipal garage. At the time of the report, investigators were still looking into the crash, however Currie was reportedly charged with aggravated assault by auto and refusal to submit to chemical blood-alcohol (BAC) test.

Update: Pedestrian Struck; Driver Arrested For DWI, HobokenPatch.com, June 3, 2010