New Jersey DWI Lawyer Blog

Most drunk driving arrests occur following a traffic stop, where the police officer in charge pulls a vehicle over due to some traffic violation, such as failure to signal or the driver's supposed inability to properly maintain his or her lane. It is during the traffic stop that any DWI-related evidence may be detected by the officer leading to a drunken driving arrest.

In other instances, a traffic accident may be the initial event that kicks off a DWI or drug DUI arrest. These kinds of incidents can be single- or multi-vehicle accidents in which an allegedly intoxicated driver may have been involved. Due to the impairing effects of alcohol or prescription drugs, traffic wrecks due occur as a result of slowed responses of a person operating a motor vehicle while under the influence of beer, wine or hard liquor. Doctor-prescribed medication can also be blamed for such accidents.

As a New Jersey DWI defense lawyer, I understand the methods and procedures used by law enforcement personnel and the local prosecutor's office to obtain a drunk driving conviction. It should come as no surprise that a DWI arrest arising out of a traffic accident, especially one involving injuries or death, will typical get the full attention of the court.

A recent traffic accident in Vernon Township, NJ, apparently turned into a drug DUI arrest for one motorist following a collision between two vehicles. According to reports, the crash happened on a Sunday evening after which the Vernon Township Police Department dispatched officers and emergency responders to the scene.

At the site of the crash, police reportedly found a white sport utility vehicle off the road in a nearby field. Officers found the driver, Frances Wasiewicz, still in the vehicle. Based on reports, officers also found marijuana and prescription medication in the woman's vehicle as well. Police reports stated that there was also a male passenger who authorities say was allegedly gang member with outstanding arrest warrants.

The driver of the other vehicle was apparently injured and taken to the Sussex St. Claire's Hospital by ambulance. Wasiewicz was taken into custody and driven to police headquarters where authorities determined that she, too, had two warrants from Newark and Elizabeth, NJ, related to non-appearance in court for prostitution charges.

Wasiewicz was ultimately charged with possession of marijuana, possession of drug paraphernalia and possession of a prescription legend drug. She was also charged with possession of a weapon, a baton. Police issued her a summons for DWI, possession of a CDS in a motor vehicle and careless driving, as well as other traffic violations. Unable to post bail, the woman was remanded to the Sussex County Jail pending a court appearance.

Vernon Police make arrest following 2-car crash, NorthJersey.com, November 26, 2010

Arrests for drunken driving, breath test refusal and controlled/dangerous substance (CDS) DUIs in Union County, New Jersey, illustrate how common law enforcement agencies pull over and charge motorists with these offenses, here and throughout the Garden State. As New Jersey drunk driving defense attorneys, I and my colleagues make an effort to help individuals accused of these charges on a regular basis.

Driving while intoxicated either by beer, wine, hard liquor or prescription drugs (drug DUI) is a serious offense in New Jersey and looked down upon by state and local authorities. Regardless of the circumstances, every person accused of or charged with a DWI offense is considered innocent until proven guilty in a court of law. Having worked in prior years as a municipal prosecutor, I understand the procedures and techniques employed by law enforcement and the judiciary to achieve a drunk driving conviction.

The following news items from Westfield, NJ, illustrate the various types of DWI and DUI arrests that occur on a weekly basis here in Union, Middlesex, Bergen and other counties throughout the state.

A 37-year-old North Plainfield man was stopped near the intersection of South and Boulevard. Most likely the officer in charge noticed either erratic driving or some other kind of traffic violation prior to pulling the motorist over. In the process, the patrolman must have detected evidence of alcohol use by the suspect. The man was arrested and charged with DWI as a result of that traffic stop. He was taken into custody and processes before being released pending a court appearance.

Another driver, a 46-year-old resident of Scotch Plains, NJ, was pulled over in the vicinity of South and Crossway. The man was arrested and charged with driving under the influence of alcohol, then taken to police headquarters, processed and released pending a court date.

A car carrying a 22-year-old from West Orange and a 19-year-old from Oraneg was pulled over by police near the intersection of Springfield and Michael Drive. During the traffic stop officers apparently detected evidence of marijuana inside the vehicle. The two suspects were arrested and charged with possession of under 50 grams of marijuana in a vehicle. The older of the two was also charged with possession of cocaine. Following processing the two individuals were released pending a court appearance.

Three other DWI arrests were also made by police. A vehicle driven by an 18-year-old was stopped by officers near the corner of South and Summit, after which the driver was arrested and charged with drunken driving. Later, at the corner of North Avenue and Scotch Plains a 42-year-old out-of-state driver was arrested for driving while intoxicated. Finally, a 19-year-old man from Westfield, NJ, was arrested for possession of less than 50 grams of marijuana following a routine traffic stop near the intersection of Sycamore and Boynton streets.

Police Blotter: West Orange Resident Arrested for Cocaine Possession, Patch.com, November 28, 2010

As Bergen, Ocean and Monmouth County attorneys who represent motorists accused of driving under the influence (DUI) of alcohol or prescription drugs, we can heartily say that there are potentially harsh consequences for individuals convicted of multiple times for drunken driving or operating a motor vehicle while under the influence of prescription medicine or even illegal substances, such as marijuana and cocaine.

There is a strong argument for mounting a compelling defense for first-time DWI and DUI charges, if only because subsequent arrests and convictions present an even more costly and potentially life-altering consequences. Even so, second- and third-time offenders may still ask themselves the question, "Why do I need a drunk driving lawyer?"

When it comes to multiple convictions for driving while intoxicated, the impact on one's lifestyle and relationships may be greatly affected. It's no secret that second, third and subsequent DWI convictions can result in far more serious consequences than that of one's first-time offense.

For one, timing may actually be an asset to the repeat offender. If an individual's first DWI charge had yet to be resolved when he or she was stopped a second time by police, a judge may be willing to allow possible multiple sentences (including periods of license suspension) to run concurrently, rather than consecutively.

If the court is considering an out-of-state DWI charge as the basis for a driver's second offense in New Jersey, it is important to understand that A DWI, DUI, OUI or OWI from another state may not automatically raise a driver's current New Jersey drunk driving offense to the level of a multiple DWIs. It has been know that an attorney may argue that any discrepancies between New Jersey law and the other state, which may mean that a person could still be sentenced as a first-time offender in New Jersey and receive the corresponding first-time DWI penalties for that initial New Jersey arrest.

One thing to keep in mind is whether or not prior conviction was for an actual DWI or if it was for refusal to submit to a breathalyzer test. Under New Jersey law, if a driver has been charged with refusal and then subsequently receive charges for a DWI, the court must classify that individual as a first-time offender, with corresponding first offender penalties.

However, if a motorist has had a previous drunken driving conviction and she is then subsequently charged with refusal to submit to breath test, then that person can be categorized under the law as a second-time offender. This can significantly affect the penalties that the court may levy against that defendant, which can then greatly affect driver's license suspension and other penalties and fines.

These are just a few of the potentially serious effects of a second, third or subsequent DWI arrest and or conviction awaiting drivers unlucky enough to be caught operating a motor vehicle under the influence of alcohol multiple times in New Jersey.

Like most cities and towns throughout the Garden State, Ocean City will be cracking down on drunken driving offenses during the year-end holiday season. As a New Jersey DWI and drug DUI defense lawyer, I and my colleagues provide assistance to motorists in Atlantic, Ocean, Monmouth and Middlesex Counties who have been accused of operating a motor vehicle while under the influence of alcohol or prescription medication.

It's not uncommon for a police officer to pull a driver over for a sometimes minor traffic violation only to arrest the motorist on the ground of driving while intoxicated. Not only does the consumption of beer, wine or hard liquor before taking the wheel offer the opportunity for a drunken driving summons, taking a puff of marijuana can also get a driver in trouble with the law, especially when it's linked to reckless driving or, worse, a traffic accident.

According to news reports, police departments in many communities will be on the alert for increased drinking and driving violations during the Christmas and New Year holidays. In Cape May County, the Ocean City Police Department (OCPD) will be cracking down on offenders in the coming week. Police are reportedly planning to set up sobriety checkpoints, DWI roadblocks and saturation drunk driving patrols across the area, all designed to keep the motoring public safe during the holidays.

This effort is all part of the national "Over the Limit, Under Arrest" program, which organizers hope will raise awareness about the danger of driving while impaired by alcohol. Using high-visibility enforcement and various educational tools, such as banners, mobile video displays and posters, the 11-year-old program tries to combat drunk driving during one of the busiest travel times of the year.

Police across New Jersey will be putting extra patrolmen on the streets in an effort to get drunk drivers off cities streets and state highways. In Ocean City, for example, the program is providing local government with a $5,000 federal grant to help defer the costs of increased enforcement, which is expected to continue through January 3. One of 115 participating communities, Ocean City law enforcement personnel will be out in force patrolling the local area.

The OCPD hopes to prevent DWI-related traffic deaths during thise high-travel period and strongly suggests that anyone who has had too much to drink call a cab or find a designated driver ahead of time.

For holidays, OCPD plans drunk-driving crackdown, ShoreNewsToday.com, December 13, 2010

The frequency of drunk driving in the Garden State has reportedly been dropping for years, according to statistics maintained by state law enforcement agencies. As a New Jersey DWI defense lawyer, I can also state that there are numerous motorists picked up for driving under the influence every week in Bergen, Union, Monmouth, Ocean, Atlantic and all other counties through our state.

Still the number of drivers arrested for driving while intoxicated has apparently dwindled over the past several decades. According to a recent article, during the holiday season back in 1985 police-operated sobriety checkpoints (also known as DWI roadblocks) frequently had to be shut down due to the shear numbers of drivers who were arrested for driving drunk. In short, law enforcement authorities were overwhelmed by the amount of drunk drivers they were taking into custody at these roadblocks.

Twenty-five years later, Middlesex County roadblocks being operated from early November through mid-December reported a total of just nine drivers arrested for DWI; this out of a total 1,900 cars stopped at checkpoints in North Brunswick and Plainsboro, NJ.

According to the Middlesex prosecutor's office, holiday drunk driving checkpoints have apparently made a difference over the years. Reportedly in the early days of DWI roadblocks, there were so many drunk driving arrests in just the first hour of operation that the police would run out of officers to handle the volume.

According to the article, officers still detect the odor of alcohol in vehicles stopped during these holiday sobriety roadblocks, yet after officers separate and interview the occupants it is usually determined that the vehicle has a sober designated driver.

The news article included statistics from the Uniform Crime Reports showing that DWI arrests throughout New Jersey dropped almost nine percent between 2007 and 2009 -- 2,600 fewer instances of drunk driving. In fact, from 1990 to 2009, the number of intoxicated motorists involved in fatal traffic accidents here in New Jersey dropped almost 50 percent from 195 to 105.

These figures coincide with that from the organization, Mothers Against Drunken Drivers, which says that alcohol-related fatalities have fallen 44 percent nationwide in the past 30 years.

Checkpoints help reduce drunken-driving arrests, accidents, deaths, MyCentralJersey.com, December 19, 2010

A New Jersey woman was recently convicted for the 2007 DWI-related death of a South Brunswick college student. According to reports, 35-year-old Kimberly Green was sentenced in a Middlesex County courtroom to 12 years in prison for her part in the fatal drunken driving accident. Based on reports, the defendant received an eight-year sentence for the death of Kylie Pinheiro, plus another four years for the injuring of the victim's cousin, Heather Pinheiro.

The court also sentenced Green to an additional four-year term for injuring another cousin of the victim, Melissa Pinheiro. That sentence is set to run concurrent with the other two. According to court records, Green will have to serve more than seven years before she can even hope to be eligible for parole.

As a New Jersey drunk driving defense attorney, I can say that adding a injury or fatal accident to a drunken driving arrest is very serious indeed. Drunk driving cases such as the one reported on here can land a driver in jail for many years, much less result in other penalties that can impact one's future livelihood.

In this particular case, Green, who is a mother of two and who worked as a counselor at Catholic Charities in Perth Amboy, NJ, rejected a plea deal which would have put her in jail for eight years. All through the trial, the defendant apparently maintained her innocence stating on the witness stand that she was not drunk at the time of the crash.

According to court records, Green was reportedly speeding along a northbound stretch of Rte 1 just before 3am on December 28, 2007. Police reports showed that the woman ran a red light at the intersection of Black Horse Lane, broadsiding a small Honda with Pinheiro and her two cousins riding inside.

Police said that the defendant's blood-alcohol content (BAC) following the accident was at least 0.159 percent, which is twice the legal limit in New Jersey. The 18-year-old Pinheiro was fatally injured in the crash and died at the scene. Based on court records, Green had reportedly refused an offer to stay at a friend's house over night, instead choosing to drive that fateful morning.

Woman convicted in DWI death of South Brunswick college freshman gets 12 years, MyCentralJersey.com, November 9, 2010

Drunken driving arrests happen daily in New Jersey. As Monmouth, Atlantic andMiddlesex County DWI lawyers, I and my staff have the skills and experience to represent those individuals accused of driving under the influence of alcohol, prescription medication and even illegal drugs such as marijuana. The following list of intoxicate driving arrests and other DUI offenses are a sampling of the situations in which many New Jersey motorists find themselves from time to time.

Holmdel
A 22-year-old out-of-state driver was reportedly stopped on Telegraph Hill Road for driving while intoxicated. A police patrol apparently noticed the man's vehicle being driven in a possibly erratic manner, after which the driver was pulled over. He was arrested for DWI and taken to police headquarters for processing. The man was later released pending a court appearance.

On that same day, a 24-year-old motorist was pulled over along a stretch of Rte. 35 by a police officer and was subsequently arrested for driving under the influence. The man was later taken to headquarters, processed and released pending a future court appearance.

Three young people, two men and a woman under the age of 21, were arrested by police for underage possession of alcohol. The trio from Brick, Point Pleasant and Point Pleasant Beach were all taken to police headquarters for processing before being released. Each of the three will have to return for a court appearance.

Belmar
Police made a DWI arrest on Main St. in Belmar when they apparently spotted car being driven erratically. The 42-year-old driver, who reportedly resisted arrest, was charged with driving while intoxicated, aggravated assault and obstructing justice.

Wall
Route 35 has been the scene of more than a few DWI arrests. According to reports, an 18-year-old Wall Twp. Man was stopped by police near New Bedford Rd. and charged with driving while under the influence of alcohol. In another unrelated instance, a 26-year-old Seaside Heights resident was stopped by patrolmen near Church Road and arrested for intoxicated driving.

Around the same time, a 31-year-old Belmar man was arrested by police in the vicinity of 16th Ave. and Maplewood Rd. and subsequently charged with possession of less than 50 grams of marijuana.

Continue reading "Monmouth County, NJ, Drunk Driving News: Multiple New Jersey DWI and Drug DUI Arrests" »

In-state and out-of-state drunken drivers take note, the State of New Jersey will have an increased police presence on public roads throughout the Garden State as the holidays approach. According to news articles, local and state law enforcement departments in Bergen, Passaic and Ocean County, as well as the rest of the state, will be on the lookout for drivers operating their vehicles while intoxicated.

As New Jersey drunk driving defense attorneys, I and my legal staff represent individuals accused of DWI, prescription drug DUI and breath test refusal on a daily basis. We even council drivers charged with cocaine, and other controlled dangerous substance (CDS) possession. This latest enforcement program, aptly named "Over the Limit, Under Arrest," will bring additional officers to bear on the motoring public during the upcoming holidays.

Aiming to reduce the amount of drunk drivers on the road, the campaign calls for saturation patrols and sobriety checkpoints (also known as DWI roadblocks) from December 13 through January 2, 2011, according to officials at New Jersey's Division of Highway Traffic Safety. The program reportedly will provide federal grant money of up to $5,000 to each of 115 police departments.

The goal is simple. According to news article, it is hoped that the campaign will ensure that drivers and passengers alike have a safe holiday by catching and arresting intoxicated motorists. These so-called concentrated efforts are designed to heighten awareness about the dangers of DWIs and DUIs, the consequences of which can have huge penalties for those convicted of driving under the influence of alcohol, prescription medication or illegal drugs.

Police departments all around New Jersey are the first to say that the frequency of drunk driving increases as the Christmas and New Year holidays approach, which usually coincides with the increased incidence of DWI-related traffic accidents. As a result of the enhanced patrols, New Jersey motorists can expect to see more drunken driving arrests now until the New Year.

New Jersey plans holiday crackdown on drunken driving, www.Philly.com, December 11, 2010

Alcohol consumption prior to driving is one of the more common causes of DUI arrests in New Jersey, however with doctor-prescribed medications on the rise more and more drivers are being stopped and charged by law enforcement for driving under the influence of drugs (also known as drug DWI).

As Middlesex, Ocean, and Monmouth County drunken driving defense attorneys, I and my legal staff understand the seriousness of these kinds of traffic offenses. Whether driving under the influence of beer, wine or hard liquor, or caught for operating a motor vehicle while impaired by prescription or over-the-counter medication, the New Jersey legal system takes a dim view of all these offenses.

Not long ago, a driver currently a Wayne, NJ, resident was arrested by police following a crash that occurred in Passaic County. According to news reports, a witness observed a car being driven erratically around the Willowbrook Mall parking lot. Police reports show that 37-year-old Mara Smith was behind the wheel of a Lexus SUV when it allegedly struck a parked Porsche Boxster owned by a Totowa resident.

News articles stated that Smith was attempting to leave the scene when police arrived and pulled the woman over. According to reports, when officers requested the driver to exit her vehicle, she was "unable to stand."The same witness claimed that the suspect's vehicle hit several curbs and almost struck two pedestrians at different locations in the parking lot.

Police reports indicate that the suspect told officers that she doesn't drink because of the prescription medication she must take for severe neck pain. Apparently the patrolman on the scene did not believe the woman's claims and had her perform several sobriety tests after noting that her eyes were red and watery.

Taking her into custody, the police administered a breathalyzer test to determine the woman's blood-alcohol content (BAC), however the Alcotest device showed that the driver had no alcohol in her system. Suspecting medication, a certified drug recognition expert observed the suspect, after which police discovered that she had Vicodin pain medication in her possession, as well as a muscle relaxant, Soma. Reports indicate that the motorist had valid prescriptions for both drugs. Smith was issued a summons for DWI and released to her husband.

Woman arrested, charged with DWI after hitting car in mall lot, NorthJersey.com, October 7, 2010

Being stopped by a New Jersey state trooper or local municipal patrolman can be a nerve-jangling experience especially when a driver has perhaps imbibed some alcohol as part of a holiday celebration. Whether its beer or wine consumed at a local restaurant or hard liquor or cocktails shared at a neighborhood pub or bar, driving after drinking even a little alcohol can put a driver's future in jeopardy.

Drunken driving, driving while intoxicated or operating a motor vehicle under the influence of alcohol or prescription drugs; whatever the phrase, a DWI or DUI conviction here in the Garden State can bring heavy penalties and fines, not to mention possible jail time. As a New Jersey drunk driving defense attorney, I and my colleagues provide council and representation to residents in Bergen, Ocean, Passaic and many other counties throughout the state.

Simply put, a drunk driving arrest begins a process that can be both embarrassing and costly to any driver unlucky enough to have been stopped for impaired driving. Even under the best situation, the business and social price of a DWI or DUI arrest and conviction can be devastating to a person.

Financially-speaking, fines and penalties for a first-time drunken driving conviction as well as future increases in auto insurance premiums can be costly, especially in these economically tough times. For those convicted of a subsequent DWI the cost rises as well. Here are just a few examples of the potential monetary impact that a drunk driving conviction in New Jersey can hit a motorist. As with any drunken driving case, jail time or community service may also be ordered by the court against a person who is found guilty of DWI or DUI.

First DWI Offense
$250-$400 fine if blood-alcohol content (BAC) is 0.08 percent or higher but less than 0.10 percent ($300-$500 fine if BAC is 0.10 percent or higher)

Second DWI Offense
$500-$1,000 fine

3rd DWI Offense
$1,000 fine

Various additional fines and costs
DWI Enforcement Fund -- $200
Violent Crime Compensation Board Fund -- $50
Safe Neighborhood Fund -- $75
New Jersey MVC Restoration Charge -- $200
Fees for out-patient counseling as referred by the IDRC -- $150
Court costs -- Up to $33

Anyone who thinks that smoking marijuana, weed or cannabis is safer than drinking alcohol and then getting behind the wheel of a motor vehicle apparently hasn't been pulled over for drug DUI...yet. As a New Jersey DWI defense lawyer, I can tell you that New Jersey's law enforcement community is just as committed to arresting and charging drivers who smoke-and-drive as those who drink and drive.

One of the main differences is that pot is illegal, putting aside the issue of medical marijuana for a moment. Possession in a motor vehicle is a chargeable offense, as is driving under the influence of the drug. As a controlled dangerous substance (CDS), marijuana use can get an individual in hot water, much less being caught for driving while smoking weed.

Not long ago, a New Jersey appellate decision upheld a portion of lower court ruling involving a motorist who was charged with marijuana-related drug DUI. According to court records, Reynold Regis filed an appeal (STATE v. REGIS) for a July 2009 conviction in which he was found guilty of CDS DUI.

The incident in question occurred in August 2008 when the defendant was stopped by a New Jersey State Trooper after the officer observed the man's vehicle swerve over the fog line and onto the shoulder of Rte 280 several times. After stopping the man, the officer reportedly detected the odor of burnt marijuana.

Noticing that defendant's eyes were bloodshot and watery and that the driver appeared nervous, the trooper asked the man why he smelled marijuana. Not satisfied with the defendant's apparently evasive answer, the trooper asked Regis to exit the vehicle and perform two field sobriety tests, which he failed. According to court records, the man was arrested for driving while intoxicated (DWI).

At the time of the arrest, however, police did not find and CDS on the man's person, nor on that of his female passenger. However, a search of the vehicle revealed a small baggie of marijuana, which Regis and his girlfriend denied was theirs. They were both subsequently arrested.

In court, an expert witness testified that the man's urine tested was positive for marijuana metabolites, but no quantitative analysis was made. Also, the prosecution provided a forensic science expert who had analyzed the contents of the baggie; that individual testified that the sample weighed 0.53g and was, in fact, marijuana.

The defendant's passenger testified that the marijuana belonged to her and that the defendant had no knowledge of it being in the vehicle. The woman accepted responsibility for it and pleaded guilty to a possession charge in juvenile court. At the conclusion of the case, the presiding judge found Regis not guilty of possession of CDS, however he was found guilty of DWI.

The man subsequently appealed the conviction to the Law Division, which affirmed the municipal court's judgment on both offenses and imposed the same penalties as did the municipal court. In its decision, the appellate court found no merit in the defendant's DWI-related conviction, however it did reverse that related to a relatively minor traffic offense, that of improper lane change. In the end the drug DUI conviction remained intact and the defendant lost his appeal in this regard.

The desire to place blame is quite common especially when a traffic accident results in injury or death. The question in some drunken driving cases involves determining who was ultimately responsible for the accident. Was it the driver who allegedly consumed too much alcohol or was it the bar, pub or restaurant that served that individual and then allowed him or her to walk out the door.

As some may know, there is a 1997 amendment to New Jersey's auto insurance statutes that essentially denies drivers who have been found guilty of drunken driving to recover damages for injuries they suffered as a result of a DWI-related car crash. What is at issue here is that there is an older law that some say is in direct conflict with the '97 law.

In 1987, a New Jersey statute was put on the books that effectively says business establishments that serve alcohol to customers are responsible if they are found to have negligently over-served liquor to a customer. Because these two laws are apparently at odds with each other, New Jersey's high court will likely decide which law takes precedence over the other.

The appeal case that is bringing this issue to the fore involves an Ocean County restaurant that was sued by a Brick Township, NJ, motorcycle rider who reportedly was seriously injured in a November 2006 traffic accident in Toms River. According to news reports, now 46-year-old Frederick Voss ran a red light and hit another vehicle after leaving Tiffany's Restaurant where he had been drinking.

According to court records, Voss consumed mixed drinks and various shots of alcohol for several hours prior to leaving and getting into the accident. Voss received multiple fractures and permanent injuries after being thrown about 100 feet through the air following the impact with the car.

Following the crash, police measured the riders blood-alcohol content (BAC), which was reportedly 0.196 percent -- about 2.5 times the legal limit for intoxication. Although Voss pleaded guilty to DWI, he subsequently filed a lawsuit against Tiffany's in which he alleged that the restaurant negligently over-served him alcohol. His attorney claimed that the bartenders at the restaurant could have easily seen that he was riding a motorcycle.

Depending on the outcome of the appeal, the decision could have a significant impact on automobile insurance costs, the smaller establishments that serve alcohol, as well as law enforcement and the court system that constantly fight against drunken driving.

Who pays when a drunken driver is injured?, TheDailyJournal.com, October 2, 2010