New Jersey DWI Lawyer Blog

There's nothing like a traffic accident to draw attention to a driver who may be under the influence of alcohol, marijuana, prescription drugs or a controlled dangerous substance (CDS) such as cocaine or meth. As a New Jersey drunken driving defense attorney, I and my staff understand the potential of a DWI or drug DUI arrest. In either situation, state and local police have little tolerance for motorists who drive while intoxicated.

Furthermore, getting into an accident, no matter how minor, will only make things worse for a driver who may have already violated New Jersey's anti-drunk driving laws. Not long ago a woman was arrested in North Arlington, NJ, after apparently losing control of her vehicle and hitting some parked cars. As Bergen County DWI defense lawyers, my firm handles cases not unlike this, which include multiple charges, potentially stiff fines and even possible jail time, depending on the individual circumstances.

According to news reports, in the early morning hours on a Friday police received a call regarding a car accident along Newell Place in North Arlington. Officers responded to the scene at about 12:30am to find that a black Mercedes-Benz had hit three parked vehicles. The driver was attempting to get out of her car when police approached the car.

Based on police reports, the suspect, 30-year-old Linda Ortiz, allegedly had a white powdery substance beneath her nose, which the responding officers believed to be Ketamine, a controlled dangerous substance (CDS). The woman reportedly was unable to stand or speak coherently to the police, which led them to believe she was under the influence of the drug.

Upon searching her vehicle, police found additional evidence of the substance believed to be Ketamine. According to reports, Ortiz was arrested and charged with criminal possession of a controlled dangerous substance, as well as drug DUI. Police issued the woman summonses for driving while intoxicated and possession of drugs in a motor vehicle. The vehicle was impounded and she was subsequently released to a responsible party.

North Arlington: Police Blotter, NorthJersey.com, October 7, 2010

An out-of-state motorist was pulled over on West Bay Ave. in Barnegat Township when officers observed a vehicle being driven the wrong way. Stopping the vehicle, police interviewed the 48-year-old driver who apparently exhibited signs of being drunk and under the influence of alcohol. The man was arrested by officers, who charged him with a number of violations including DWI, reckless driving and traveling the wrong way on a one-way street.

Another Ocean County arrest occurred along Rte 72 when a patrolman stopped a man for speeding along a stretch of the road. According to police reports, the 23-year-old driver was allegedly found to have an open container of alcohol in his vehicle at the time of the traffic stop. As a result, police arrested the driver and charged him with DWI, having an open alcoholic beverage container in the vehicle, as well as reckless driving and speeding. The man was subsequently released.

A 55-year-old driver was stopped along a stretch of Barnegat Blvd. after police observed his vehicle traveling the wrong way on a one-way street. The South Plainfield resident was arrested and charged with driving while intoxicated, as well as reckless driving, driving the wrong way and having an open alcohol container in his vehicle. He was subsequently released from custody.

An 18-year-old local resident was stopped by police along West Bay Ave. following a tip regarding an alleged drug transaction. The young woman was charged with possession of less than 50 grams of marijuana, possession of drug paraphernalia, underage possession of alcohol and possession of a controlled dangerous substance (CDS) in a vehicle. She was subsequently released on summonses.

A 37-year-old motorist from Little Egg Harbor, NJ, was stopped by police after officers apparently observed the man's vehicle being driven erratically. As a result officers charged the driver with DWI and reckless driving, as well as failure to maintain his lane. In another instance, a 38-year-old Bordentown resident was arrested by patrolmen for driving while intoxicated. The man was later released after having charges of DWI, reckless driving and failing to maintain his lane lodged against him.

Ocean County Police Blotter, APP.com, September 29, 2010

Driving under the influence of prescription medication or other controlled dangerous substances, also known as drug DUI or drug DWI, is a serious charge and could result in numerous penalties, fines and court-imposed costs. While medicinal marijuana is slowly gaining acceptance in various locations throughout the United States, illegal possession or use of this drug -- known variously as weed or cannabis -- is still grounds for an arrest.

As Union County drunk driving defense lawyers, I and my colleagues understand how New Jersey state law applies to motorists arrested for driving under the influence of alcohol or driving while impaired due to use of prescription or other CDS drugs. When it comes to marijuana and driving, there are frequent instances of police arrests that are related to this substance as well. The following is a sampling of DWI and drug DUI and possession arrests that happened in Cranford, NJ, not long ago.

Based on information from the Cranford Police Department, a 21-year-old motorist was arrested for allegedly having less than 50 grams of marijuana and other drug paraphernalia in man's vehicle. According to police reports, an officer observed a vehicle on North Ave. in the late afternoon that allegedly had an object dangling from the rearview mirror obstructing the windshield. When the driver failed to turn on his headlamps on along with his windshield wipers, the officer apparently pulled the man over for a traffic violation. In the process, the patrolman noticed evidence of the drug paraphernalia in the vehicle. The Newark resident was not only charged with the drug violations, but also received summonses for the object hanging off his mirror and not using his headlights.

On a separate occasion, a Cranford officer stopped a vehicle around 1:30am at a motor vehicle checkpoint set up along Elise Street near Johnson Ave. The initial traffic violation was due to a defective rear brake lamp, but upon further investigation the patrolman apparently detected evidence of drugs in the vehicle. The passengers of the vehicle were all arrested on drug charges, including the 18-year-old driver, who was charged with possessing marijuana and drug paraphernalia.

Another drug possession arrest happened on a Wednesday morning at another vehicle checkpoint when a police officer observed a Pontiac Grand Am with apparently heavily tinted windows. Following routine questioning, the officer charged the 18-year-old driver with drug possession.

Police & Fire Cranford Police Charge Eight Drivers With Marijuana Possession, Patch.com, October 5, 2010

It may seem incredible to some people, but teenage drinking is not an isolated problem here in New Jersey. As Ocean, Passaic and Middlesex County drunk driving defense lawyers, I and my staff see a variety of individuals come through our doors seeking help with DWI, DUI and breath test refusal charges. We also know of families whose teens and preteens have been charged with underage possession and driving under the influence.

According to a news article, Point Pleasant police picked up a youngster who allegedly crashed a stolen vehicle into a local place of business. Based on police reports, the incident took place in the early morning hours on a Sunday when a 15-year-old male crashed a pickup truck into a building apparently after a brief police pursuit.

It all happened after an off-duty patrolman noticed a 1996 Dodge Ram pickup being driven erratically without its headlamps on just before 4am. The officer reportedly followed the vehicle into a nearby community, catching up to the apparently drunken youngster along Trenton Ave. When the officer attempted to stop the truck, the young driver allegedly drove away from the officer, who gave pursuit.

Reaching Ocean Avenue, the boy reportedly lost control of the pickup as he was attempting to turn onto Homestead Ave. and hit the Fortees Realty building located at the intersection of the two roads.

Based on police reports, the teen then jumped out of the vehicle and ran away on foot. He was subsequently found hiding in a nearby backyard and taken into custody by Point Pleasant police officers. According to news reports, the local fire department had to shut off the natural gas and electrical supplies to the building, as well as clean up a fluid spill from the stolen truck.

During their investigation, police were able to determine that the pickup had been taken from a home on Creek Road in Brick, NJ, earlier that evening. As a result of the arrest, the teenager was charged with receiving stolen property, eluding police, driving while intoxicated and a number of other traffic violations.

Point Pleasant, NJ police: Boy, 15 charged with DWI after crashing stolen pick-up into building, DailyRecord.com, September 22, 2010

Understanding how law enforcement and the New Jersey courts approach drunk drivers is a basic first step in getting ready for a potential drunken driving arrest sometime in the future. It goes without saying that few people, if any, expect to be charged with driving under the influence of alcohol (DWI) or prescription medications (drug DUI). In fact, most drivers are hardly prepared when a drunken driving arrest does happen to them. Needless to say, being taken into custody by a New Jersey state trooper or local police officer is just the start of what can be a long and costly process.

As a New Jersey DWI defense lawyer, I believe that knowledge is power. The following offering provides some additional info that supplements a previous entry from October. As Mercer, Middlesex and Essex County DWI defense lawyers, our hope is that this information may be of some help to motorists if and when they are pulled over for driving under the influence of alcohol, prescription meds, or even illicit drugs (drug DUI), and maybe even marijuana possession in a motor vehicle.

When it comes to impaired driving, the police may suspect a motorist is drunk based on the manner in which he or she acts during a routine traffic stop. One way that patrolmen make the decision to have a driver submit to a breath or blood test is to have the suspect perform several standardized field sobriety tests.

A one of the main tools of drunken driving enforcement, field sobriety tests can be one of several pieces of evidence use by the prosecution in court to prove that a driver was impaired at the times of the arrest. These sobriety tests typically involve three separate tests:

1) Horizontal gaze nystagmus
2) One-leg standing test
3) Walk-and-turn test

That first one is something you may recall from TV cop shows where the officer asks the suspect to follow a penlight with his eyes as the patrolman moves it from side to side. Naturally, anyone charged with DWI should consult with an attorney vis-à-vis the legality of any tests and whether they were administered in the proper manner.

In addition to the above tests, an officer will also be looking for anything a subject may say or do during the DWI stop, all of which could possibly be noted and then used against the motorist as evidence to gain a drunken driving or drug DUI conviction. As one might imagine, even the way a suspect gets out of the vehicle may be used against him or her by the local prosecutor when trying the case in court.

Continue reading "NJ Legal Defense Update: Understanding the DWI Arrest and Conviction Process -- Part Two" »

It's never a good idea to leave the scene of a traffic accident, especially when you may have been the cause of the crash. Add to that the possibility of being arrested for drunk driving and the police, much less the court, will have little sympathy for your position. Other circumstances can also make a drunken driving case more involved when compared to other less egregious offenses.

Anytime that a DWI-related traffic accident happens it is always a good idea to seek advice from a qualified legal professional. As a New Jersey drunken driving defense lawyer, I know the law as it applies to DWI and drug DUI charges. Beer, wine, liquor, prescription medication, medication and other controlled dangerous substances can all be the cause of an arrest for driving under the influence. In any case, the potential fines and penalties can be quite onerous for individuals, especially in these difficult economic times.

A drunk driving arrest in Union County, NJ, provides just one example of the kinds of DWI and drug DUI charges that can be lodged against a motorist. In this case, according to a news report, a man was arrested on a Saturday evening after a local police officer stopped the driver of a pickup truck following a report of a hit-and-run accident on West Edgar Road.

Based on police reports, the patrolman pulled over 30-year-old Ronald A. Kuhl as he was traveling east on Rte 278. Kuhl was reportedly driving a 2004 GMC pickup truck and pulling a trailered boat. The vehicle apparently matched the description of a truck that allegedly hit a car driven by a 22-year-old driver from Elizabeth, NJ.

Kuhl, a Sayreville resident, was charged with DWI, reckless driving, two counts of leaving the scene of an accident due to striking a second vehicle and failure to exhibit an insurance card. Prior to being stopped by the patrolman, a passenger in the suspect vehicle allegedly threw a large object out of a window. That item was later recovered and found to be a shot gun. Kuhl and his passengers were also charged with possession of a firearm without a required firearms ID card, as well as unlawful disposition of a firearm. The Kuhl and one of the passengers had bail set at $70,000; while the other passenger's bail was set at $40,000.

Linden Police Blotter, NJToday.net, September 15, 2010

There should be no argument about the seriousness of a drunken driving arrest when it comes to an individual's future; a DWI conviction can impact one's lifestyle, career and standing in his or her community. Combine property damage or injuries with a drunken driving accident and you can be sure that a court will not have much sympathy for a driver's situation.

A conviction for DWI, or driving while intoxicated due to consumption of alcohol or prescription medication (drug DUI), can lead to stiff fines and other penalties. Other costs, such as increased auto insurance premiums, can also pinch a motorist's wallet down the road. If for only the monetary pain, getting the proper advice and representation by a qualified DWI defense lawyer can be critical.

Not long ago, a two-car accident precipitated the drunken driving arrest of a Medford, NJ, man after police arrived at the scene of the DWI-related crash. According to news reports, police were called to the crash site along Tuckerton Road just east of Heath Road. Based on police reports, the accident occurred just after 8pm when 64-year-old Leonard Rosen allegedly drifted into the oncoming lane and sideswiped a 2006 Acura MDX with his BMW.

Rosen was reportedly traveling westbound when he hit the other vehicle along its passenger side. The Acura was driven by 36-year-old Christopher Villar and also contained a 36-year-old female front-seat passenger. The accident resulted in the Villar's passenger being taken to a local hospital for treatment for neck and back pain

According to police reports, Rosen was arrested at the scene and charged with drunken driving, failure to maintain his lane and reckless driving. The Burlington County resident was released pending a mandatory court appearance. The accident was reportedly still under investigation at the time of the news article.

On the Record, SouthJerseyLocalNews.com, October 02, 2010

As Morris County drunk driving defense attorneys, my office represents motorists charged with DWI and drug DUI offenses. Incidents of driving under the influence of either alcohol or drugs, whether prescription or illegal substances such as marijuana, occur with relative frequency all across New Jersey.

Examples of arrests for driving while intoxicated can be found in the news almost every day. The following reports are just a sampling of the kinds of DWI and DUI traffic stops that happen on the roads throughout the Garden State. Regardless of the circumstances, it is always important to contact an experienced DWI defense lawyer to understand your options.

Early in the morning on a Thursday a 21-year-old driver was stopped by police for a motor vehicle violation. The incident quickly developed into a case of possession of drug paraphernalia. According to reports, the Bayonne, NJ, man was stopped for speeding. During the traffic stop the officer in charge determined that the motorist had some drug paraphernalia in the car. The man was taken to police headquarters for processing. He was subsequently released with a summons for speeding and a pending court date.

That same day, an arrest was made for under age possession of alcohol. Police reports indicate that a 20-year-old female driver was stopped by officers just before 9pm following an ID check at a local liquor store. Patrolmen stopped the woman and after determining that she was under 21, the officer charged her with under age possession and purchase of an alcoholic beverage. The officer discovered that the driver had presented the liquor store with false identification. She was processed and later released pending a court date.

In the early hours on a Friday morning, police stopped a driver for impeding traffic westbound along Route 24. According to reports, the officer pulled the driver over after observing the 38-year-old driver doing 39mph in a 65mph zone. After interviewing the motorist, the patrolman determined that the man was driving under the influence. He was taken to police headquarters for processing. During processing a computer check was run on the individual, which alerted police to a $2,758 arrest warrant issued by a Hudson County municipal court. The driver was issued motor vehicle summonses for impeding traffic flow, failure to maintain his lane, careless driving and driving under a suspended license. The man was turned over to the authorities in Hudson County for a couple mandatory court appearances.

Madison Police Blotter, TheAlternativePress.com, September 13, 2010

No matter how carefully an individual drives after having a drink or two, there is no guarantee that he or she won't be stopped by a police officer and charged with driving under the influence of alcohol. It takes just a moment and you could be pulled over for the simplest of motor vehicle violations. Once that happens, the officer could notice the smell of alcohol on your breath or some other telltale sign of intoxication.

As a New Jersey DWI defense attorney and former municipal prosecutor, I know the process through which a accused drunk driver must pass to possible conviction for drunken driving. Not only impairment by alcohol, but also prescription drug and marijuana use can land a motorist in police headquarters after an alleged DWI or DUI incident.

As Somerset drunken driving defense lawyers, my staff of highly capable attorneys has the skills and legal training to represent individuals facing possible drunk driving penalties here in the Garden State. That chain of events can begin with the most inconsequential item, like a burned-out headlight or cracked windshield. This is because police all around New Jersey are constantly observing drivers and their vehicles for violations.

Not long ago a Basking Ridge, NJ, driver was ticketed because his vehicle's license plate was partially obscured, According to reports, although the man was not driving under the influence of alcohol, the incident illustrated how a driver could be stopped for this seemingly minor violation. The entire event occurred at a police checkpoint in Middlesex County, when police issued the man a ticket for a license plate frame that was apparently blocking part of the words on his New Jersey license plate.

According to news reports, the man was in his Toyota 4-Runner passing through a checkpoint on Main Street in Metuchen, NJ. A police officer observed that his inspection sticker was not properly affixed to the car's windshield. But instead of issuing a ticket for the inspection sticker, patrolmen issued the man a ticket for his license plate frame, which officers alleged was covering some of the words on his New Jersey license plate.

Continue reading "Legal Defense Update: Somerset County, NJ, Motorist Pulled Over then Fined for Obscured License Plate" »

My suggestion to motorists in New Jersey: Don't complicate matters by driving drunk with kids in your car. It's one thing to be pulled over for a DWI or drug DUI while you are traveling solo in Ocean, Atlantic or Passaic County, but law enforcement and the courts take a dim view of drivers who potentially endanger others, especially minors and other small children, by driving under the influence of alcohol or prescription drugs.

New Jersey drunken driving defense lawyer, my job is to represent individuals arrested or charged with driving while intoxicated, whether that is by beer, wine, hard liquor or even marijuana. Even possession of weed in a motor vehicle can net a motorist a hefty fine and other penalties.

A case in point, not long ago a driver involved in a traffic accident along Route 1 was charged with drunk driving by police. During the incident, his wife and two young kids were also in the vehicle. According to news reports, South Brunswick police arrested 28-year-old Jorge Fuentes after determining that he was driving drunk with his wife and children in the car. Not only does this kind of activity lead to a DWI offense, but it also exposes the man to child endangerment charges as well.

The incident took place just after 8pm on a Saturday night when law enforcement officers heard reports of a car crash near Route 1 and New Road. Patrolmen arriving on the scene found only one vehicle, which had obviously been involved in a minor collision. The other vehicle apparently fled the scene, according to police reports.

A witness reportedly followed Fuentes' '05 Hyundai Elantra and alerted police to its final location in the South Brunswick Square Mall about 2500 yards from the initial crash site. Responding to the call, patrolmen found the car with four occupants; Fuentes, his wife and two children aged eight and one year old.

The officers reportedly determined that Fuentes was intoxicated. Police charged him with driving while intoxicated, leaving the scene of an accident, careless driving and breath test refusal. The driver was also charged with two counts of endangering the welfare of a minor. Police took the man into custody and placed him in the Middlesex County Adult Correction Center with bail set at $50,000.

SOUTH BRUNSWICK: Man charged with DWI after Route 1 accident, CentralJersey.com, September 29, 2010

I've said it here before, but it always bears repeating; being caught for drunk driving here in New Jersey can affect your family, your standing in the community and even your career. In fact, even a first DWI or drug DUI offense can put a serious dent in your future, whether you are a teenager or a seasoned citizen. While the circumstances may vary, most people find that being accused of drunken driving can be just the beginning of a long, tough road.

As Atlantic County drunk driving defense lawyers, my legal team meets with a wide range of clients who have been charged or otherwise accused of driving while intoxicated. Serving motorists throughout the Garden State as a New Jersey DWI-DUI defense attorney, I understand the seriousness of being convicted of impaired driving, not only in terms of fines and penalties, but also in terms of the stigma attached to such a guilty verdict.

Just last month, the chairman of the Atlantic County Board of Freeholders, Jim Curcio, was arrested for drunken driving. Curcio, who was also the Republican candidate for county surrogate, was stopped by police in the early morning hours of a Sunday. According to reports, Police apparently observed the 50-year-old operating his vehicle without his headlamps on at 2am in the morning along Route 322.

Traveling westbound near Hamilton Mall, police stopped Curcio's vehicle. Police apparently observed that he was intoxicated and subsequently arrested him for being under the influence. According to police reports, Curcio refused to take a breathalyzer test police needed to determine his blood-alcohol content (BAC). In addition to refusal charges, he was also accused of reckless and careless driving, failure to maintain his lane, failure use his headlamps, and driving without a license.

Atlantic County freeholder chairman charged with DUI, TheDailyJournal.com, October 5, 2010

Being stopped by a police officer for a routine traffic offense can lead to other, more serious charges. As a New Jersey DWI defense attorney, my goal is to assist motorists accused of driving under the influence of alcohol, prescription drug DUI, or other drunken driving charges. What this means to the average driver is that a simple broken taillight can turn into a DWI summons depending on whether or not that individual has a certain amount of alcohol in his or her bloodstream.

As drunk driving defense lawyers in Bergen, Ocean, Middlesex and other counties across the Garden State, my firm sees all manner of DWI arrest scenarios throughout the year. To complicate matters, a driver who actively takes the wheel in an intoxicated state may be risking other charges and legal actions. Case in point, an allegedly illegal immigrant who was stopped a while back by patrolmen in Teaneck, NJ, for driving while intoxicated.

According to news reports, police were alerted to a car being driving in a reportedly erratic fashion along Queen Anne Road in the early evening hours on a Sunday. Based on police reports, patrolmen pulled the woman over after they observed her car apparently crossing the double center line of the road.

After stopping the vehicle just before 7pm, officers apparently detected signs of intoxication and requested the 24-year-old driver, Sofia Bautista-Aparicio, to exit the vehicle and take several field sobriety tests, which she reportedly failed. According to police the woman lived out-of-state, spoke very little English and could not produce a valid driver's license. In order to complete the arrest, officers requested a translator.

While waiting in the police car, the woman allegedly urinated on the back seat, threw up and then apparently passed out. Police transported her to Holy Name Medical Center where a blood sample was drawn to determine the driver's blood-alcohol content (BAC). During the arrest, Bautista-Aparicio admitted that she was from Mexico and was in the United States illegally.

Police contacted immigration authorities, however due to the fact that drunken driving is not a criminal offense in New Jersey, INS officials declined to respond. Bautista-Aparicio was charged with drunk driving and then released on a summons.

Teaneck, police reports, NorthJersey.com, September 23, 2010

Morris County DWI Crash
Police responding to a Monday night car accident between two vehicles ended up arresting a Pompton Plains resident for driving while intoxicated. The collision occurred along a section of the Newark Pompton Turnpike near Route 23. As a New Jersey drunken driving defense attorney, I'll tell you right now that getting into a traffic accident and then being arrested for driving under the influence of alcohol or prescription medication will not bring you any sympathy in a courtroom.

According to news reports, 20-year-old Matthew Ricucci hit another vehicle from behind just before 11pm in the evening. The other car, a black Honda, was being driven by 34-year-old Patria Espinet of Paterson, NJ. At the scene of the crash, Espinet told emergency responders that his neck hurt, after which he was transported to Chilton Memorial Hospital by personnel from the Pompton Lakes-Riverdale EMS.

During the investigation at the scene of the accident, patrolmen detected the odor of alcohol on Ricucci's breath. According to police reports, the man admitted to having some alcoholic beverages prior to the accident. Police asked the man to perform several field sobriety tests, and then later to take a breathalyzer test at police headquarters. No blood-alcohol content (BAC) reading was given, however police did charge the man with drunken driving, as well as alleged careless driving. He was released pending a Municipal Court hearing.

Drunk Driving Arrest in Passaic County
A 34-year-old Newark resident was stopped by police officers after patrolmen observed a vehicle traveling very slowly and apparently being driven erratically, as well. The traffic stop happened along a portion of Route 46 just before 1am on a Saturday.

According to news reports, 34-year-old Edgar Izurieta was driving a Ford Explorer on Rte 46 near Paulison Ave. After police stopped the man's truck, the officers noticed signs of intoxicated. Suspecting that the man was operating his vehicle in an impaired state, the patrolmen had the subject take several field sobriety tests, which he allegedly failed.

Izurieta was arrested and taken to police headquarters where officers had the man take a breathalyzer test. As a result, the driver registered a BAC reading of 0.10 percent. He was subsequently charged with drinking and driving. Also included in the charges was failure to maintain his lane, driving without a valid driver's license, DWI in a school zone, and impeding traffic.

Riverdale: Police Blotter, NorthJersey.com, September 26, 2010

Police Blotter Clifton Journal, NorthJersey.com, September 10, 2010