New Jersey DWI Lawyer Blog

Most any New Jersey motorist should be able to tell you that drunken driving enforcement around the Garden State appears to have gotten more intense over the years. And it should come as no surprise, especially to those individuals who have been convicted of DWI, that the state police, local law enforcement departments and the courts have virtually no tolerance for drivers who choose to operate their vehicles while under the influence of alcohol, prescription drugs, marijuana and other controlled dangerous substances (CDS).

Increasingly, New Jersey police departments are operating drunk driving patrols and sobriety checkpoints, also known as DWI checkpoints. As a New Jersey drunk driving defense lawyer, this trend is not news to my office. We represent motorists from all across New Jersey -- in counties such as Bergen, Monmouth and Ocean -- who have been accused of driving while intoxicated either by beer, wine, hard liquor or drugs, prescription or illicit.

An article from Sea Isle, NJ, talked about the relative success of that municipality's most recent sobriety checkpoint, which apparently caught few DWI offenders, but a number of other traffic violators. In all, just three drivers were either arrested or charged with drunk driving offenses. According to the news piece, on August 28, local police set up a drunken driving checkpoint on the 200 block of JFK Boulevard.

Sobriety inspections were conducted by 18 patrolmen from the Sea Isle City Police Department (SICPD), as well as four officers from the Cape May County Sheriff's Department. As part of their operation, the officers stopped every third vehicle traveling along the westbound lanes of the JFK. It was a late-night operation, running from 11pm to just before 4am.

According to a SICPD spokesperson, officers on duty arrested two drivers for operating a vehicle while under the influence. In addition, one arrest warrant was made and 72 summonses were also issued for traffic violations not related to drunk driving.

Sea Isle Police Call D.W.I. Checkpoint "Successful", NBC40.net, September 2, 2010

Drunken driving enforcement is nothing new to motorists in New Jersey. With economic woes still reverberating across the country, the Garden State has seen its share of turmoil. It's no doubt that many people choose to ease the pain with a drink or two at the local bar or friendly neighborhood gatherings. The trouble comes when an individual who may have had a bit too much to drink hits the road.

As a New Jersey DWI defense lawyer, I make it my job to assist drivers who have been accused of driving while intoxicated. As a Bergen County drunken driving attorney, I know that certain times of the year can make it especially common for drivers to be pulled over for driving under the influence of alcohol.

According to news reports, Wyckoff Township has announced an increase in traffic safety patrols, which are sure to the net the municipality more than a few DWI and drug DUI arrests. Based on reports, the township's police department will be running "stepped up" traffic enforcement patrols through October 10. This surge in police presence is part of a national "Put the Brakes on Fatalities" campaign going on in towns and cities all around the U.S. Sobriety checkpoints and roadblocks could be part of this effort.

Police Chief Benjamin Fox recently announced his department's participation in the campaign through the New Jersey Division of Highway Traffic Safety. This heightened enforcement, the authorities have stated, is intended to make motorists slow down and obey traffic laws. This goal of increased safety compliance is expected to help reduce the number of traffic accidents.

According to reports, the township and other participating municipalities all across the U.S. will report their crash statistics. The effort is expected to reduce fatalities as well, which last year totaled a reported 585 persons killed in traffic accidents, some most likely related to drinking and driving or drug DUI.

Wyckoff police participate in traffic enforcement campaign to save lives, NorthJersey.com, September 23, 2010

A Gloucester Co. resident recently pleaded guilty to driving under the influence following her arrest in late June in Middle Township. According to court records, 21-year-old Jena L. Davidson of Swedesboro will have her driving privileges withheld for seven months. In addition to her DWI-related drivers license suspension, the judge in the case also called for the woman to have an ignition interlock device installed for the next 12 months to ensure that she doesn't drive drunk.

News reports also show that the New Jersey motorist will be required to complete 12 hours of training administered through the New Jersey Intoxicated Driver Resource Center. As part of her guilty plea, Davidson also paid penalties of $664 in fines and court costs.

As a New Jersey DWI defense lawyer, I've seen my share of tragic car accidents that could have turned out differently. As a drunk driving attorney, I always advise people to get a ride from a sober friend or make arrangements for alternate transportation in advance of "nights out on the town."

This was latest saga apparently had a good outcome for this young woman who could have ended up dead as a result of drinking and driving. She reportedly walked away from a possibly fatal car accident last June when the car she was operating crashed through a barrier at the end of a pier, ending nose-first in the water.

According to news reports, police received a call in the early afternoon about a car that had gone over a bulkhead and was stuck front-end-down partially in the water. The accident happened at Carol Nicoletta Memorial Park when Davidson's Toyota failed to stop as it entered the parking area.

The shear momentum of the car caused it to crash over a parking barrier, eventually running through the railing of a fishing pier then plunging into the bay. Emergency crews were able to help the woman after a tow truck secured Davidson's vehicle. She was eventually taken to Cape Regional Medical Center for evaluation but was never admitted. Police charged her with careless driving, driving an uninsured vehicle and DWI.

Gloucester County woman pleads to Middle Township DWI after driving her car into bay, PressofAtlanticCity.com, September 9, 2010

Colin Bonus, William Proetta, and myself attended a four day standardized field sobriety test ("SFST") instructor course in Atlanta, Georgia, on September 23 -26. The objective of the seminar was to provide us with the skill and know how to instruct lawyers and police officers on how to properly administer and interpret SFST tests. I have been thoroughly impressed by the experience of our DWI Field Sobriety Instructor Anthony Palacios. He obviously possesses far more knowledge in this area than anyone I had the occasion of coming in contact with previously. We also had the opportunity to meet gifted drunk driving lawyers from states like Mississippi, South Carolina, Louisana, Pennsylvania, New Hampshire, Missouri, Oklahoma, and Georgia.

One of the Atlanta DUI Lawyers I met at the course was Doug Chanco. It was nice to speak to Doug as he had a wealth of knowledge in Georgia DUI defense. It was interesting to learn about the different issues involved in defending cases in his Altanta Practice, especially those involving jury trials (unlike New Jersey where we have no juries).

It was fortunate that three members of our defense team were previously SFST certified and eligible to complete the course. The three of us are now instructors in SFST which will allow us to train and certify police officers and attorneys in SFST. I believe there are only five (5) NJ DWI Lawyers who have this expertise level in the state and three of them are at our office. I believe that the enhanced skills we gained at the course will prove beneficial to our clients in the future.

As a former New Jersey municipal prosecutor, I can respect the lengths to which our state and local municipalities go to reduce traffic fatalities. According to a new study released out of the nation's capital, law enforcement agencies across the country have some good news to crow about: Highway deaths have dropped to their lowest levels in 60 years.

Of course, as a New Jersey drunken driving defense attorney and DUI lawyer, I know that many times the police just don't have the evidence to prove that a motorist has been driving while intoxicated. There should always be a balance between public safety and individual rights, which is why I always tell people to fight what they believe to be a faulty arrest for driving under the influence of alcohol, Marijuana or prescription drugs.

According to a recent news article, New Jersey law enforcement officials have credited various enforcement technologies coupled with strict DWI and drug DUI patrols and checkpoints, among other techniques. The story coming out of Washington, D.C., indicates that deaths on our public roadways have drastically fallen to levels not experienced since the '50s.

Much of this improvement in traffic safety has been driven, according to the article, by technology, safety-consciousness on the part of motorists, and much tougher police enforcement of DWI laws.

Based on information coming out of the U.S. Transportation Department, traffic deaths dropped almost 10 percent in 2009 to just under 39,000 -- that's the lowest since 1950. Here in the Garden State, highway deaths were down 1.2 percent in 2009 have continued to drop during 2010.

A fair amount of credit, say auto safety experts, is due to more people using their safety belts, the inclusion of side air bags and anti-rollover technology in more and more cars and trucks, as well as tighter enforcement of drinking and driving laws.

According to the article, New Jersey State Police statistics show the number of 2010 highway fatalities across the state was nine percent lower than that of the same period in 2009. So far this year, 368 deaths have resulted from 350 fatal crashes throughout the state. In the same period of 2009, there were 405 deaths in 383 fatal crashes.

According to the study, alcohol-impaired driving deaths nationwide declined 7.4 percent in 2009 to 10,839 deaths, compared with 11,711 in 2008. Alcohol-impaired fatalities fell in 33 states.

Highway deaths drop to lowest level since 1950, PressofAtlanticCity.com, September 9, 2010

According to news reports, anout-of-state driver charged in the drunk driving death of a driver from Lower Township, NJ, has pleaded guilty to that 2009 fatal crash. In addition, court records show that the defendant, 38-year-old John J. Lawless, had been charged with driving under the influence a total of eight times over the course of 13 years.

As a New Jersey DWI defense lawyer I know how serious a fatal drunken driving or drug DUI charge can be. In this case, the defendant was arrested after his vehicle struck another car driven by 50-year-old Frederick Shelton in September of last year.

Police reports show that Shelton's vehicle was going southbound along Route 9 near Bennett's Crossing, NJ, in Lower Township when Lawless' vehicle came across the roadway's centerline and smashed into Shelton's car. Emergency responders arriving at the site of the crash pronounced Shelton dead at the scene.

The man's wife and daughter, who were riding as passengers, were both injured in the collision. According to court records, Shelton's wife, Sheri, was hospitalized for weeks following the incident. During the court proceedings, the defendant told the judge that he had at least a dozen beers before getting behind the wheel of his vehicle that fateful day.

According to news reports, Lawless pleaded guilty to first-degree aggravated manslaughter, which under an arranged plea agreement, the man's prison term could range from 10 years to 30 years. Regardless of the court's decision, Lawless will be required to serve the majority (85%) of his sentence due to New Jersey's "No Early Release Act."

With sentencing scheduled for late October, Lawless' attorney asked if his client's $200,000 bail could be made bondable to give the man a chance to leave the county jail facilities in order to resolve any personal issues before beginning what is sure to be a rather long prison term. Both the Cape May prosecutor and the judge opposed the defense's request.

John J. Lawless, charged with DUI eight times in 13 years, pleads guilty to 2009 drunken-driving crash that killed Lower Township man, PressofAtlanticCity.com, September 13, 2010

It seems that we hear and read more and more of famous movie and TV stars, musicians and other notable personalities being arrested for drunken driving. As a New Jersey DWI defense lawyer, my job is to assist motorists arrested for and charged with driving under the influence of alcohol, prescription drugs and sometimes even illicit, or controlled and dangerous substances (CDS).

Driving while intoxicated can put a substantial dent in both your wallet and your lifestyle. There is no reason why an individual accused of drunk driving should automatically assume they have no recourse. Sadly, it seems that the rich and famous get more of a break than the average person, but with the supposed increase in offenses, this too could change.

According to a recent article, more big names are having their photos taken at the local police department instead of on the red carpet. In fact, over this past summer Chris Klein, star of "American Pie," "Melrose Place" star Amy Locane and Vince Neil of Motley Crue have ranked among the newest inductees in the drunk drivers' hall of fame. They join veteran drunk driving arrestees Paris Hilton, Lindsay Lohan and Nicole Richie in a growing list of famous, or infamous, DWI and DUI offenders.

One reason, some say, for the apparent increase in big names getting tagged for intoxicated driving is the ubiquitous cell phone. According to the article, many more people are reporting drunk drivers from the road as it happens. This in addition to stepped up enforcement, such as more frequent DUI and DWI checkpoints all around the country.

Of course, while most average people might need to phone a friend to be a designated driver for a night on the town, celebrities who drink a little to much usually have the wherewithal to take a taxi home. And for the biggest stars, certainly they have a plethora of personal assistants, bodyguards or chauffeurs to take them to and from events should they imbibe a bit too much over the course of an evening.

According to reports, it was Kiefer Sutherland of '24' fame who allegedly declined the offer of a personal driver one night in 2007 shortly before being pulled over by the police and being arrested for driving drunk - Sutherland's blood-alcohol content (BAC) was reportedly over the legal limit that night after police caught him drunk behind the wheel.

It would seem that prominent people continue to take the risk of drinking and driving even though they probably know that such an event could cost them their career, much less their life or the life of somebody else.

For individuals like Lindsay Lohan, frequent offenses will eventually catch up with a person regardless of how well-known they are. For Lohan, she received prison time as a result of her 2007 DUI arrests out on the West Coast.

Driving While Famous: Why Are More Stars Getting Busted for DUI?, FoxNews.com, July 13, 2010

Whether you live in Red Bank or Newark, Atlantic City or Trenton, as a New Jersey motorist you always have the potential to be stopped for one of dozens of traffic violations by a the state police or of any of the hundreds of county and municipal law enforcement officers across the Garden State. In fact, every drunken driving or drug DUI conviction begins with an arrest, usually arising out of a routine traffic stop.

Most drivers should understand that for a DWI traffic stop to be valid it must be backed up by what state law defines as "reasonable suspicion" that the driver of a car, truck or other motor vehicle has actually committed a traffic violation. As New Jersey drunk driving defense attorneys, I and my staff of experienced DWI defense lawyers make it our job to assist individuals accused of DWI (also known as driving while intoxicated), prescription drug DUI, or even marijuana possession in a vehicle.

Initial Traffic Stop
In State v. Carpentieri, the New Jersey Supreme Court ruled that a patrolman must have an "articulable and reasonable suspicion" that a traffic law violation has been committed before he can even consider effecting a drunken driving traffic stop. Additionally, once a driver has been pulled over, state law says that the police officer must have probable cause before he can make an arrest and subsequently conduct a breathalyzer test. When we say probable cause, it means cause to believe that the motorist is in fact operating his or her vehicle in an intoxicated condition.

Please keep in mind that at no time during this early stage of a DWI arrest does a driver have the right to advice from counsel. Even an experienced DWI lawyer will be of absolutely no help at that particular point in time.

Arraignment
The second step following a DWI or DUI arrest, which can also include breath test refusal, is the arraignment of the subject. As part of this step, the motorist receives a Complaint. The defendant makes his initial appearance at arraignment where the court informs him of the charges. Simultaneously, the defendant is also told of his rights under New Jersey state law, after which he will enter a plea of guilty or not guilty.

Continue reading "NJ DWI Defense Update: New Jersey Drunk Driving Arrests Have Many Steps Before Possible Conviction" »

As a New Jersey DWI defense attorney, my law offices have a vast amount of experience handling a wide variety of drunken driving, marijuana possession in a vehicle, and drug DUI cases throughout the Garden State. The following is just a sample of the typical police arrests in the Bergen County area that happen every month. These can include driving under the influence of alcohol or controlled dangerous substances (CDS), breath test refusal and possession of cannabis (or weed) in a motor vehicle.

East Rutherford
A 41-year-old man was stopped by police after being caught on radar doing 82mph in a 55mph speed zone. The incident occurred just after 10pm when ERPD officers saw a 2000 Hyundai traveling at a high rate of speed. Following the traffic stop, the driver apparently told officers that he had several drinks previous to taking the wheel. Police reportedly administered field sobriety tests, which the suspect failed, according to police reports. A breath test indicated that the man's blood-alcohol content (BAC) was 0.17 percent -- twice the legal limit. The driver was arrested and charged with drunk driving, careless driving and speeding. He was subsequently released to a responsible party.

Lyndhurst
A 39-year-old driver was arrested and charged with drunken driving on a Saturday evening following a reported motor vehicle accident in a convenience store parking lot. The arrest occurred around 11pm, according to Lyndhurst police.

In separate incident, two Lyndhurst residents were stopped by local police for a routine traffic violation. The police stop took place around 9:30am on a Thursday morning. During the traffic stop, the two vehicle occupants were apparently found to be in possession of possibly illegal drugs. The two were arrested and charged with possession of CDS and later released on summonses.

Responding to an afternoon two-car accident, police discovered that one of the drivers had fled the scene on foot. According to police, several calls soon came in describing a female who was apparently intoxicated near the corner of Rutherford and Polito Avenues. According to reports, police located a 56-year-old woman, who was later identified as the driver that fled the scene and took her into custody. According to police, the out-of-state woman was charged with DWI, refusal to submit to a breath test, leaving the scene of an accident, careless driving, and leaving a vehicle with the engine running.

An early morning traffic stop resulted in a DWI arrest when police observed a vehicle traveling at a high rate of speed along Ridge Road in Lyndhurst. When police caught up to the vehicle the driver had apparently hit a curb at the corner of Summit and Rutherford avenues around 2am. The 22-year-old out-of-state driver was arrested and charged with numerous offenses including DWI, breath test refusal, failure to signal a turn, driving on a suspended license, no registration, speeding, and failure to wear a seatbelt.

Lyndhurst: Police Blotter, NorthJersey.com, July 29, 2010

Lyndhurst: Police Blotter, NorthJersey.com, July 22, 2010

When a motorist is pulled over in New Jersey for a routine traffic violation the opportunity does exist for a drunken driving arrest or summons. Depending on the circumstances -- whether an individual is coming home from a night out with one's spouse, following a party at a friend's home or after a casual gathering at a local pub or drinking establishment -- it is possible for police to judge that a driver is impaired due to some amount of alcohol consumption.

Whether you're driving in Union County, Bergen County or Middlesex County, the opportunity for a DWI or prescription drug DUI is always there. But is being arrested or receiving a summons for driving while intoxicated really a "done deal." Not always.

When I and my colleagues, all professional New Jersey drunk driving defense attorneys, approach a client's case, we use our years of experience to decide whether or not to petition the court to dismiss the charges against a motorist, or at least reduce those drunk driving charges to better match the particular circumstances.

As a former municipal prosecutor, I understand the mindset and strategy of the state's representatives. This is why I always suggest to people who face a drunken driving charge, consider carefully whether or not you want to face the court without representation. An experienced DWI lawyer can be a great benefit, especially for drivers facing penalties for a drunk driving arrest or DUI charge for the first time.

And never, ever assume that nothing can be done. This is not only defeatist on its own, but most drivers don't know that they might be able to improve their chances until they speak with an attorney. A good lawyer will examine all the facts pertaining to a DWI traffic stop. Understanding the details, such as whether there exists proof of intoxication or if a blood or breath test was performed correctly or is even accurate, allows a DWI lawyer to form a viable defense for his or her client.

Continue reading "Drunk Driving Defense Update: Never Assume a DWI or DUI Arrests Always Leads to Conviction" »

Whether it's Snookie, Lindsay Lohan, Mel Gibson or any number of other famous personalities who have a little too much to drink, drunk driving and other traffic and civil offenses are not limited to the television screen. Not long ago, the husband of reality TV star Teresa Giudice (of ''Real Housewives of New Jersey'' fame) apparently made a somewhat successful appeal after deciding to fight court-ordered penalties following his conviction for a DWI offense in Montville, NJ, early this year.

As a New Jersey defense attorney who represents motorists charged with driving under the influence of alcohol, as well as drugs, I and my colleagues understand state and local laws pertaining to individuals arrested for drunken driving throughout the Garden State.

According to recent news articles, Teresa Giudice's husband apparently received a reduction in the penalties following an appeal from an earlier drunken driving arrest. Based on reports, a Superior Court judge substantially cut the various penalties that Giuseppe ''Joe'' Giudice faced after a March DWI hearing in Montville Municipal Court.

Giudice's first DWI conviction reportedly resulted in maximum penalties, including loss of his driver's license for 12 months, $500 fine, and 48 hours at the Intoxicated Driver Resource Center (IDRC). The municipal court judge in the original case also ordered Giudice to make a choice between 30 days of community service or a month in jail.

The recent Supreme Court decision eliminated the 30-day community service or jail time penalty completely. The presiding judge also cut the loss of license time to seven months and reduced the fine to $300. Giudice will still have to complete 12 hours at the IDRC. According to reports, the balance of the mandatory fines, less than $400, remained from the March decision.

According to police reports, Giudice's blood-alcohol content (BAC) level following the DWI accident was 0.11 percent, above the legal definition of intoxicated driving -- 0.08 percent -- for a driver in New Jersey.

Court records show that the Morris County Assistant Prosecutor had argued for the original sentence to remain in force. It was suggested that Giudice had what amounted to a poor driving record -- 39 points as of the time of trial.

Police reports show that Giudice's vehicle hit a utility pole and then flipped over. Police said that Giudice left the scene of the accident and went to a neighbor's house, where police located him about 45 minutes after the crash. The prosecutor argued that Giudice was hoping his BAC level would drop sufficiently before officers tracked him down.

Husband of Montville, NJ 'Real Housewife' Teresa Giudice gets reduction in DWI penalties, DailyRecord.com, August 21, 2010

'Real Housewives of NJ' hubby appeals Montville DWI sentence, DailyRecord.com, August 5, 2010