October 2010 Archives

October 31, 2010

NJ Drunk Driving News: Sobriety Testing May Become Mandatory in Cases of Serious, Fatal Auto Accidents

Any one who has ever been arrested for DWI or charged with drunk driving here in New Jersey would likely agree that law enforcement and the judicial system have a very low tolerance for DWI offenders. With intensive drunken driving campaigns, roadside sobriety checkpoints and enhanced DWI and DUI patrols on public roads, the pressure is on to reduce instances of driving while intoxicated.

As a New Jersey drunk driving defense attorney with a staff of professional attorneys, I was not too surprised to read that the state legislature has been pushing for mandatory sobriety testing following any fatal traffic accident here in the Garden State.

According to news reports, a bill sponsored by Democratic Assemblymen Nelson Albano (Cape May Court House) and Paul Moriarty (Turnersville) would make it mandatory for a driver to either submit to a breathalyzer test (such as the Alcotest device) or to give up an actual sample his or her blood to allow authorities to determine whether alcohol or drugs were present in that individual's bloodstream and therefore may have been contributing factor in the crash.

As a part of the bill, any individual who refuses this proposed mandatory testing would be subject to the same penalties as those levied against a driver convicted of refusal in DWI-related cases. First offenders could receive fines as high as $1,000, not to mention have their driver's license suspended for as much as two years.

Many are arguing that testing for possible drug use or alcohol consumption should be the rule where fatal or near-fatal accidents are concern. In fact, this new bill was created out of a fatal single-vehicle crash in Burlington County back in the summer of 2007. In that crash, a 17-year-old boy was killed when the vehicle in which he was a passenger hit a tree.

As permitted by law, the body of the dead teen, Anthony Farrace, was tested for the presence of alcohol or drugs, however the 17-year-old female driver was not required to submit to a blood-alcohol (BAC) test. The young woman was ultimately charged with careless driving -- paid $200 fine and her driver's license was suspended for six months.

N.J. bill would make drivers involved in fatal crashes submit to sobriety testing, NJ.com, August 08, 2010

October 29, 2010

Bergen County Drunk Driving News: Multiple DWI / DUI Arrests in Lyndhurst, North Arlington

DWI arrests come in all shapes and sizes, sometimes in ways that one wouldn't expect. The important thing to remember is that anyone who feels the least bit tipsy from alcohol consumption or is otherwise impaired due to prescription medications (drug DUI) or other controlled dangerous substance (CDS) should think long and hard about climbing behind the wheel of an automobile. As a New Jersey DWI defense lawyer, I know that even sitting in a parked motor vehicle while intoxicated could result in a drunken driving arrest or summons. So why chance it?

Recently a number of arrests took place in could North Arlington and Lyndhurst, NJ, that illustrate what can and does happen to New Jersey drivers on a fairly regular basis. As Bergen County DWI Attorneys, my firm knows that you don't have to be caught at a sobriety roadblock to feel the pinch of a DWI conviction down the road.

CDS PossessionA 25-year-old driver was stopped in the early morning hours on a Saturday for a routine traffic violation in North Arlington. The police officer pulled the man over for operating his vehicle without his headlamps turned on. Upon determining that the motorist had some outstanding warrants, the officer effected an arrest. In the process he found five bags of what police believed to be cocaine.

Marijuana Possession in a VehicleA 17-year-old Belleville driver was arrested in Lyndhurst after a routine traffic stop. According to police reports, the teenager was charged with possession of marijuana in a motor vehicle. Police eventually released the teen to his parent. Police issued the teenager a summons for violation of a provisional license

Drunk DrivingEarly on a Sunday morning, police responded to a noise complaint on Canterbury Avenue. When police arrived they found a car with its sound system turned on very loud. Observing a 46-year-old local man seated in the driver's seat, the officers also noticed that the vehicle's engine was running. Talking with the driver, the officers detected the odor of alcohol and requested the man exit the car and perform several field sobriety tests, which he failed. The man was subsequently charged with drunk driving, cited for not being a licensed driver, plus refusing to submit to a breathalyzer test. The man's car was also impounded.

Continue reading "Bergen County Drunk Driving News: Multiple DWI / DUI Arrests in Lyndhurst, North Arlington" »

October 28, 2010

New Jersey Drunk Driving News: Hackensack, NJ, Cops Charged with DWI-related Accident Cover-up

As a former municipal prosecutor I have the utmost respect those professionals working in the law enforcement community. And who wouldn't? These are the men and women who put their lives on the line every day to ensure public safety on our roadways and elsewhere across the state. Yet, even though I respect and applaud the effort and selfless dedication of the police force in general, as a New Jersey drunk driving defense attorney I understand that there are always going to be some bad apples out there.

The line we all must draw is when a public servant breaks the laws he or she is sworn to uphold. As a citizen I fully expect all public officials including police officers to carry themselves with dignity and remain exemplary role models to the rest of society.

What I cannot accept is a public servant who flaunts the law or twists it for his own gain. Drunk driving is an area of the law in which I and my staff are quite experienced. Not long ago, a couple police officers from Hackensack, NJ, were charged with a cover-up involving a traffic accident. One of the shocking aspects of this story is that one of the cops was drinking and driving while off duty when he crashed his vehicle.

According to news reports, Hackensack Police officer Jakub M. Szostak was apparently drinking prior to the a crash after leaving the Poitin Still tavern in the early morning of June 2. According to the Bergen County prosecutor's office, moments after the accident on-duty Officer Eric M. Mark pulled up in his police cruiser. Reports indicate that Mark had only just spoken with Szostak outside the bar before the crash.

Based on reports, Mark, 30, didn't give the 24-year-old Szostak a filed sobriety test, and instead reported the collision as a hit-and-run accident. Szostak then lied on his insurance claim and received a payout, prosecutors stated. Both officers were suspended in July, although no explanation other than "personnel reasons" was given. Both men had been working for the city just six months following graduation from county police academy barely a year ago.

The men are now charged with falsifying records. Szostak is also charged with insurance fraud. Both are facing up to 18 months in prison, with a potential of five more for Szostak, if they go to trial and are convicted.


Hackensack cops charged in car crash cover-up, CliffviewPilot.com, October 2, 2010

October 26, 2010

NJ DWI Defense Update: Legally Defining the Term "Impaired Driving" for New Jersey Motorists

In Bergen, Monmouth, Ocean, Union and all counties throughout the Garden State, understanding what is or is not impaired driving is key to a good drunken driving defense. As a New Jersey DWI lawyer, my firm works to assist motorists who have been accused of driving under the influence of alcohol, prescription medication (drug DUI), controlled dangerous substances (CDS) or illicit drugs.

Making a determination of whether or not a New Jersey driver is operating his or her vehicle while impaired -- at least as the term applies to alcohol consumption, typically requires taking a measurement of the suspect's blood. What is measured is something called Blood-alcohol content or BAC for short. As a New Jersey drunken driving defense attorneys, I and my colleagues represent a wide variety of individuals charged with DWI and drug DUI. Establishing a driver's BAC is an important part of the state's evidence against that person when and if the case goes to trial.

Specifically, New Jersey law stipulates that if the operator of a motor vehicle, such as a passenger car, light truck, minivan or commercial delivery vehicle, is determined to have a BAC level of 0.08 percent or more, then that individual is guilty of driving while intoxicated (DWI), which is also known variously as drunken driving, driving under the influence (DUI), or impaired driving.

The abbreviation "BAC" refers to the level of alcohol is a person's blood. It's important to keep in mind that while the law uses the 0.08 percent BAC as the threshold of being legally drunk, a driver can still be convicted of drunken driving even if their BAC is under that 0.08 percent limit.

Outside of alcohol, it is also a violation of New Jersey state law if an individual operates a motor vehicle while under the influence (DUI) of a narcotic substance, a hallucinogenic drug or a habit-producing medication. Also important to remember is that drivers can also be convicted for allowing another individual to operate a car or truck when that person does so in violation of New Jersey's DWI laws.

While most New Jersey law enforcement departments and agencies rely on breathalyzers (such as the Alcotest device) to generate the appropriate evidence to help convict a defendant in a drunken driving case, there are occasions when police will use an actual blood sample to get their critical evidence. This is accomplished by drawing a small amount of the suspect's blood.

Instances in which the police will typically resort to an actual blood sample include the following:

  • When the suspect has been injured (blood samples drawn by the police or a local hospital)
  • If the suspect refuses to provide a breath sample via the Alcotest machine
  • If a driver's BAC is dangerously high
  • When a driver's BAC is unexpectedly low (especially in cases where narcotics or other drug-related impairment is suspected)
October 25, 2010

Essex County, NJ, Receives Grant Money to Increase Drunk Driving Patrols and DWI Arrests

Like many New Jersey counties, Essex is the recipient of federal funds to cover the cost of traffic enforcement, including increased drunken driving patrols, sobriety checkpoints and other DWI-related policing efforts. As a New Jersey drunk driving defense attorney, I know that not every DWI or prescription drug DUI arrest results in a conviction.

As Essex County DWI lawyers, I and my colleagues understand the law and have years of experience in areas such as field sobriety testing, Alcotest and blood-alcohol testing equipment, as well as municipal and state court procedures. As a former municipal prosecutor myself, I know the kinds of techniques and strategies employed by the state to gain a conviction for driving under the influence of alcohol and prescription medications.

Police can arrest a motorist for being legally drunk on beer and wine, but arrests and summonses are also processed for drivers who are suspected of being impaired due to marijuana, cocaine and other controlled dangerous substances (CDS).

From time to time, enforcement is stepped up across New Jersey due to national campaigns and other federally funded initiatives, such as "Over the Limit, Under Arrest." According to an editorial, every year for the past decade New Jersey's "Over the Limit, Under Arrest" campaign has assisted state and local police officers catch and arrest drivers suspected of operating their vehicles while intoxicated.

In Essex County, a number of towns were provided grant monies in an effort to support their sobriety checkpoints, also known as DWI roadblocks. These towns include Bloomfield, Caldwell and Essex Fells. According to the article, each municipality was given $4,400 in support of drunk driving prevention efforts.


Editorial: Over the limit, under arrest, NorthJersey.com, September 2, 2010


October 23, 2010

Bergen County Drunk Driving News: Mahwah, NJ, Named One of Top Speed Trap Locations in U.S.

What many people do not realize is that state and local police officers in New Jersey do not usually pull people over for driving drunk. Law enforcement officers must have a reasonable suspicion that a driver is breaking the law, which typically means another violation such as speeding, not maintaining a lane, or even something minor like a broken taillight or other defective vehicle equipment.

Once a driver is stopped, however, the officer will carefully evaluated the motorist to see if he or she is exhibiting signs of intoxication. Being arrested for driving under the influence of alcohol or prescription medication is possible when the officer suspects that individual is impaired. As a New Jersey DWI defense lawyer, I understand the steps that lead to a drunken driving or drug DUI conviction.

That initial traffic stop, as stated above, will usually be for a routine traffic law violation. While most municipalities will deny it, there are apparently some towns and villages across the US that use speed traps to catch unwary motorists. Driving while impaired in these parts of the country may result in a costly DWI arrest to say the least.

According to reports, Mahwah, NJ, is one of the top speed traps in the U.S. This was based on information from the Milwaukee-based National Motorists Association (NMA), which published a list of places to avoid, or more to the point, places to avoid an expensive ticket. Using data from the association's "National Speed Trap Exchange," the group compiled a list of locations with the most speed traps as reported by users (a second list includes places with populations under 100,000).

As part of the listing, the NMA listed Mahwah as the place in New Jersey drivers felt was "most dangerous to their wallets."


Report: Worst speed trap cities, NewJerseyNewsroom.com, September 1, 2010


October 21, 2010

Monmouth County DWI Police Blotter: Drunk Driving and Possession of Controlled Dangerous Substance (CDS) Arrests

Howell
A 25-year-old Point Pleasant resident was pulled over on Route 9 by police for an unknown traffic violation. In the course of the traffic stop, officers noticed evidence of marijuana either on the woman's person or in the vehicle. The driver was charged with possession of less than 50 grams of marijuana, as well as having drug paraphernalia. She was also charged with operating a motor vehicle in possession of a controlled dangerous substance (CDS).

Tinton Falls
Two 19-year-olds from Ocean Township were arrested by police following a chain of events that included a single-car motor vehicle accident on Route 18 in Tinton Falls. According to police reports, one of the teens was driving a car that struck a guardrail. The other teen apparently took the wheel and drove the damaged vehicle away from the scene of the crash, however it broke down on Shafto Road near West Park Ave. The boys called 911 to report the disabled car. When police arrived, officers found a small amount of marijuana in the vehicle. It was determined it belonged to the young man who initially crashed the car. Both teens were arrested and charged with drunken driving. They were processed and released pending a court date.

A 19-year-old woman Ocean County woman was pulled by patrolmen over for what was likely a routine traffic violation. During the police stop officers apparently observed evidence of marijuana on the suspect's person. She was arrested and charged with possession of marijuana in a motor vehicle. Officers processed the woman and subsequently released her pending a court date.

A 21-year-old Freehold man and a 35-year-old Red Bank woman were arrested in separate locations on the same day, both for driving under the influence of alcohol. The man was pulled over by police for an apparent routine traffic stop on Route 33, while the female driver was stopped along Sycamore Avenue in Tinton Falls. The woman was processed and released pending her day in court.

Wall
In less than a two-week period, nearly a dozen drivers were stopped for various traffic offenses that then ended up with drunken driving arrests. According to news reports, a 21-year-old man from New Egypt was pulled over on Route 138 for DWI; a 49-year-old Long Branch man was stopped and charged with DWI; an 18-year-old Asbury Park youth was stopped along Route 35 and charged with driving under the influence of alcohol.

A 19-year-old out-of-state man was stopped along Belmar Boulevard and arrested for DWI; A 21-year-old Cranbury resident was stopped along Woodfield Avenue by police before being charged with possession of a prescription drug without a prescription; A 48-year-old Freehold man stopped along Route 35 for allegedly driving drunk.

Continue reading "Monmouth County DWI Police Blotter: Drunk Driving and Possession of Controlled Dangerous Substance (CDS) Arrests" »

October 19, 2010

Middlesex County DWI News: Four-time Convicted Drunken Driving Offender Hits Vehicle Driven by New Jersey Policeman

Being a New Jersey DWI defense attorney, I can say that anytime a drunk driving arrest is connected to a motor vehicle accident things are going to be more complicated than a simple drunken driving traffic stop. This is not to say that being pulled over for driving while intoxicated is a walk in the park, but property damage and potential personal injury only make a DWI defense more involved.

Understanding that hitting another car while inebriated will complicate your life, consider recent news reports that described a man who allegedly struck a vehicle driven by a Middlesex County policeman. To make things worse for the driver, he had already been convicted for driving under the influence of alcohol four separate times in the past. Multiple offenses and hitting a police officer -- not the best of circumstances to say the least.

According to the news, 43-year-old David Bennett was charged with multiple offenses after his vehicle apparently drifted over the double-yellow center line along Fresh Ponds Road hitting a light truck being driven by 37-year-old Laszlo Nyitrai, a South Brunswick officer who happened to be driving to work at the instant.

As a result of the impact, Bennett's vehicle forced the officer's truck off the road and into a nearby tree. According to reports, the crash resulted in minor injuries to Bennett, a passenger riding with him, and Officer Nyitrai. Police reports show that Bennett suffered facial injuries and his passenger, 49-year-old Kevin McCarthy, sustained several broken ribs. Officer Nyitrai received minor injuries including bruised to his chest and sprained wrist.

The crash reportedly occurred just before 2pm as Nyitrai was driving southbound on Fresh Ponds Road just past Selma Drive. Bennett's Ford Taurus was headed northbound when it crossed the centerline, hitting the patrolman's truck.

Police arriving on the scene reportedly questioned Bennett and noticed that he had an odor of alcohol on his breath. Police reports also show that the man exhibited watery and bloodshot eyes as well as slurring of the speech.

An investigation team determined that prior to the crash Bennett's vehicle had allegedly been driven off of the roadway for "at least a half-mile" due to evidence of trees and roadside signs that had supposedly been struck along the way, according to police.

Bennett was charged with two counts of assault by auto, DWI, reckless driving, failure to stay in his lane and failure to have a court ordered interlocking device in his vehicle. At the time of the news article, he was being held at the Middlesex County Adult Correction Center in lieu of $17,500 bail.


SOUTH BRUNSWICK: Off-duty police officer injured by alleged drunken driver, CentralJersey.com, September 15, 2010


October 15, 2010

NJ DWI News: Passaic County Police Make Multiple DWI Arrests in Clifton, New Jersey, Area

It may seem that bad things happen in groups, but this is probably just the law of averages in action. Still, the police in Passaic County had their hands full not long ago when more than a half-dozen motorists were arrested for drunken driving in less than three days in the Clifton, NJ, area.

As New Jersey DWI attorneys working in Passaic, Ocean, Bergen and other counties around the state, we know that this is just business as usual for local law enforcement. It must be remembered that not every drunken driving arrest results in a conviction. The penalties for multiple DWI or drug DUI convictions can be quite stiff, so it makes sense to contact a qualified drunk driving defense lawyer to discuss your particular situation. Here are some examples:

Hit-and-Run Accident
A 72-year-old Clifton man was arrested and charged with DWI on a Thursday evening when, according to reports, police responded to a hit-and-run accident on St. Andrew's Boulevard. The officers detected signs of drunkenness when the questioned the elderly gentleman. Giving him several field sobriety tests to perform, which he could not, the officers arrested and took him into custody. He was charged with DWI after having his blood-alcohol content (BAC) recorded at 0.10 percent. Police also charged the man with leaving the scene of a motor vehicle accident.

Asleep in a Running VehicleThe next morning, just before 2am, police observed a driver asleep in his '05 Nissan Altima near the intersection of Van Winkle and Highland Avenue. Approaching the car, officers saw that the keys were still in the ignition and they could hear the engine running. Police awakened the 32-year-old Passaic resident to question him, during which they reportedly detected signs of alcoholic intoxication. The man allegedly failed several field sobriety tests, after which the officers arrested him and took him to headquarters. After registering a BAC of 0.10, he was charged with DWI.

Continue reading "NJ DWI News: Passaic County Police Make Multiple DWI Arrests in Clifton, New Jersey, Area" »

October 13, 2010

New Jersey DWI News: Monmouth County Cop Accused of Assault and Tampering with a Witness

As a former municipal prosecutor and New Jersey drunken driving defense lawyer, I certainly respect the law enforcement professionals who ensure the public's safety on our roadways and everywhere else across the Garden State. And while I praise the efforts of police in bringing criminals to justice, I fully expect those same officers to carry themselves with dignity and honor at all times.

What I cannot abide is when a public servant who is sworn to uphold the laws of our state flaunts those laws or otherwise diminishes his office by breaking the very law he has promised to maintain. Drunk driving is one area of the law in which my office is very experienced. Recently a patrolman in the Little Silver, NJ, was charged with several serious offenses including assault and attempting to tamper with a witness.

Part of this officer's job, when he was active on the force was to arrest motorists for driving while intoxicated. Any time an officer is charged with breaking the law, people start to wonder about the validity of previous arrests made by that individual, in this case arrests made against drivers who were believed to be driving under the influence of alcohol.

According to news articles, a grand jury had recently made an 11-count indictment against the veteran patrolman due to charges he assaulted a defendant and then asking a witness to lie or withhold information about the incident. The indictment included four counts of official misconduct, two each for obstruction of justice, aggravated assault and hindering his own apprehension, and one related to witness tampering.

An investigation was begun by the Monmouth County prosecutor and the Little Silver police after officials learned of an allegation that the officer used excessive force while on patrol.

The officer, who was well known for his work in catching and arresting drunk drivers, was initially suspended with pay. However, as soon as charges were filed last January, he was suspended without pay from his job.

Continue reading "New Jersey DWI News: Monmouth County Cop Accused of Assault and Tampering with a Witness" »

October 11, 2010

Bergen County, NJ, Drunken Driving Report: East Rutherford DWI Police Blotter

Here in New Jersey, drunk driving arrests happen on a daily basis. Many times these incidents begin with a routine traffic stop for a sometimes minor traffic violation but soon turn into a full-blown DWI situation. Instances of motor vehicle accidents can also lead to a driver being slapped with a summons for driving under the influence of alcohol.

As a New Jersey drunk driving defense lawyer, my firm represents individuals who have been accused by state or local police of driving while intoxicated. A look at the local news shows a sampling of DWI arrests in the Bergen County area, which illustrate the typical kinds of traffic stops that lead to possible drunk driving charges and convictions.

One such stop occurred on a Monday evening when a concerned motorist called police on her cell phone to reports a possible drunken driver ahead of her on West Paterson Avenue in East Rutherford, NJ. Police responding to the call came upon a vehicle at the intersection of Paterson and Main. A 43-year-old man was in the vehicle seated in what police described as "a fully reclined position" and apparently asleep.

Waking up the out-of-state driver to request the man's paperwork, officers reported that they detected the smell of alcohol on the driver's breath. Suspecting that he was intoxicated, police had the man perform a number of field sobriety tests, which he reportedly failed. At that point, the officers arrested the man and charged him with DWI.

On another occasion, a patrolman going eastbound on Route 3 watched as another car passed him in the center lane and then reportedly swerved between the lane demarcations. The officer noted that the suspect vehicle nearly struck another motor vehicle at that time. Driving another 500 yards, the vehicle was observed pulling over in the right lane. The officer then called to the man via his patrol car's PA system and told him to move his car.

Pulling the driver over into a nearby gas station, the officer asked the driver to exit the vehicle and perform several field sobriety tests. Failing those tests, the 45-year-old Rutherford resident arrested and charged with driving under the influence of alcohol. Consequently, he was also charged with driving on a suspended license, careless driving, failure to maintain his lane and obstructing passage of other motor vehicles.

Continue reading "Bergen County, NJ, Drunken Driving Report: East Rutherford DWI Police Blotter" »

October 9, 2010

New Jersey Man Acquitted of Vehicular Homicide in Fatal Drunk Driving-related ATV Accident

According to news reports, a New Jersey man was found not guilty of homicide while driving drunk on an all-terrain vehicle. The original charges came from a DWI-related ATV accident back in 2009, which allegedly resulted in the death of another individual in Manchester Township.

Based on court records, 22-year-old Mark Renehan was declared not guilty in connection with the drunk driving-related death of his best friend, Jonathon Byram, on July 5, 2009. The charges at that time included homicide by vehicle while driving under the influence, drunk driving, involuntary manslaughter and reckless endangerment.

The young man's attorney stated that because of the nature of the case, the prosecution should have done a more thorough examination of the circumstances before bringing the case to trial. As it ended up, the lawyer for Renehan said that the acquittal was a "just outcome." The attorney went on to say that the jury came to the correct conclusion, especially considering that the defendant "lost his best friend" in the accident, making it a difficult trial for both his family and that of the victim's.

The trial covered the events of that fateful day when Renehan, Byram and a third man were riding in a Kawasaki 750LE Teryx. With Reneham at the controls, the vehicle left the north side of the roadway and rolled over onto the passenger side. The crash fatally injured Byram, who was seated in the passenger seat at the time of the accident.

Responding to a 911 call, State Police had detected an odor of alcohol emanating from him. Renehan said that he and his passengers had been drinking prior to the crash, according to an affidavit.


Renehan cleared in ATV homicide, WayneIndependent.com, September 30, 2010


October 7, 2010

New Jersey Drunk Driving Update: Understanding the DWI Arrest and Conviction Process -- Part One

Taking the wheel of a car or truck while intoxicated is never advisable, though many people do drive after drinking a beer, a glass of wine or shot of tequila. After doing so, the odds of getting pulled over can often go up many fold. As a New Jersey DWI defense attorney and former prosecuting attorney for municipalities in the state, I understand how drivers in the Garden State can get arrested for and charged with drunk driving by local or state police.

Knowing that you can be arrested for driving while intoxicated is fine for starters, but there are a number of other parts of the drunken driving arrest and conviction process that one should be familiar with. Naturally, impaired driving either through the consumption of alcohol or the use of prescription medication (drug DUI) is something that every drive should avoid for their own safety, if not for others.

As Ocean, Monmouth, Bergen and Union County drunk driving defense attorneys, we hope that the following pointers may be of some use to individuals currently facing DWI or DUI charges. Understanding these may help other New Jersey motorists avoid the pitfalls and legal troubles of being arrested or convicted of drunken driving. The process begins, simply enough, with a driver being stopped for a routine traffic violation, but it can quickly escalate to include taking a field sobriety test and then an Alcotest, or breathalyzer test.

Whether a driver is ultimately charged with driving under the influence of alcohol, drug DUI, or breath test refusal, will have much to do with the particular circumstances of the traffic stop and the driver's level of inebriation.

Many might ponder under what circumstances a New Jersey police officer will likely stop them for drunken driving. Although an officer may not be aware at first that a motorist is, in fact, impaired by alcohol or prescription meds, he may decide to pull a driver over for any number of possible traffic violations.

Continue reading "New Jersey Drunk Driving Update: Understanding the DWI Arrest and Conviction Process -- Part One" »

October 5, 2010

New Jersey Drunk Driving Defense News: Bergen County DWI and Drug DUI Police Blotter

With so many drivers on the road it's no surprise that drunken driving arrests occur every day all across the Garden State. As a New Jersey DWI defense attorney with offices throughout the state, I've dealt with a wide variety of motorists who have been charged with drunken driving or prescription drug DUI. Our Bergen County drunk driving defense lawyers have the experience to handle cases not unlike the ones reported below.

Lyndhurst
According to news articles, a car was pulled over as part of an early morning traffic stop which looked like a case of CDS possession and possible drug DUI. Officers had apparently noticed that the man's passenger was not wearing a seat belt just before 4am on a Monday. Based on the police report, the stop occurred at the corner of Jackson Plc. and Rutherford Ave. in Lyndhurst. While interviewing the two occupants, patrolmen observed that the 19-year-old passenger had a quantity of the prescription drug Xanax on his person. Determining that the man did not have a prescription for the medication, police charged him with possession of prescription drugs and failure to wear a seatbelt.

In another instance, an early Sunday morning police patrol clocked a vehicle on Rutherford Ave. going 59mph in a 40 zone. Police caught up to the suspect vehicle and pulled it over as part of a routine speeding stop. Upon further investigation, patrolmen apparently detected evidence of possible alcohol consumption. The 36-year-old driver was arrested and charged with driving while intoxicated (DWI). Based on police reports, the man was also issued summonses for lack of vehicle registration and insurance.

Carlstadt
A patrol car came upon an apparently drunken driver in the parking lot of a Walgreen's drug store in the early morning hours on a Saturday. Based on reports, officers found the 34-year-old driver apparently asleep and lying over the center console of her car. Police also noticed a 13-month-old baby crying in the back seat. Awaking the driver, the officers were able to question her and found out that she was under the influence of several medications. Police took the woman back to police headquarters for testing. She was later charged with DWI and driving while intoxicated with a juvenile present in a motor vehicle. She was subsequently released to a responsible party and the baby was turned over to other family members.


BLOTTER: 09/23/10 issue, LeaderNewspapers.net, September 23, 2010

Lyndhurst: Police Blotter, NorthJersey.com, September 2, 2010


October 3, 2010

New Jersey Drunk Driving News: Little Falls, NJ, Police Reports Multiple DWI Arrests in Passaic County

Local municipalities throughout the Garden State make numerous traffic stops and subsequent arrests for driving under the influence of alcohol. As DUI defense attorneys understand the ins and outs of this state's legal system.

Whether it is a case of drunk driving where the motorist has been arrested at one of many sobriety roadblocks, or if an individual is caught in possession of marijuana in a motor vehicle or otherwise operating a car under the influence of a controlled dangerous substance (CDS), the situation may be similar to numerous other arrests in the news every week.

Serving motorists in Monmouth, Bergen and other counties throughout the state, our suggestion is to always consult with a drunken driving defense lawyer to better understand your particular situation. The following list of recent DWI/DUI arrests by Little Falls, NJ, police is just an illustration of the kinds of drunk driving offenses that happen every day across the county.


Marijuana Possession in a Vehicle
On a Thursday evening in September, a patrolman stopped a driver for having illegally tinted windows on his vehicle. Walking up to the driver's side of the car, the officer detected what he suspected was the odor of burning cannabis, or marijuana, emanating from the vehicle. During a voluntary search of the 19-year-old suspect's car, the policeman discovered several plastic bags filled with marijuana. The officer subsequently arrested the man, who was reportedly a resident of Paterson, NJ.

DWI
During an early morning traffic stop on a Friday, Little Falls police officers pulled a vehicle over for speeding along a section of eastbound Route 46. The patrolmen noticed that the driver was exhibiting signs of being drunk. The officers then requested that the 28-year-old female driver perform several field sobriety tests to determine if the woman was impaired by alcohol. After failing the tests, police arrested the driver. A subsequent blood-alcohol content (BAC) test was performed by the officer indicating that the driver had a BAC in excess of the 0.08 percent limit. She was then arrested for driving while intoxicated (DWI).

Continue reading "New Jersey Drunk Driving News: Little Falls, NJ, Police Reports Multiple DWI Arrests in Passaic County" »