New Jersey DWI Lawyer Blog

With more and more states voting to allow medical marijuana sales in cities and towns across the country, the opportunity for DWI and drug DUI arrests involving the possession of weed (or cannabis) has become much more real. Because of the increasing use of hash as a medicinal drug, the lines are getting blurred between what is and what isn't legal. Pot, as many will point out, is still illegal without a doctor's prescription in states that allow it, but even in those that do, local laws may leave legitimate users feeling vulnerable.

It's no secret that regardless of whether or not a state has passed medicinal marijuana laws, law enforcement agencies will still be pulling motorists over who may possibly be impaired due to driving while under the influence of a controlled dangerous substance (CDS) such as marijuana or cocaine.

Regardless of whether a driver is impaired due to smoking pot (drug DUI), or because of alcohol consumption (DWI), or just falling asleep behind the wheel, a police officer will still be looking for those telltale signs of possibly erratic driving. Using a simple traffic or defective equipment offense as a justification for the traffic stop, a patrolman may then notice that the driver is exhibiting impaired behaviors.

Marijuana is one of the more common drugs in use around the Garden State and as such arrests for marijuana possession in a motor vehicle are relatively common occurrences. Possession in a vehicle is a chargeable offense that usually requires the services of a qualified New Jersey drunk driving or DUI defense lawyer.

The questions that anyone charged with marijuana possession in a vehicle should ask themselves include the following:

• Did the patrolman have probable cause prior to stopping me?
• Did the officer conduct a proper search of my car (or my person)?
• Can a municipal prosecutor actually prove possession or control of the marijuana discovered by the police?
• Did the police maintain a proper "chain of custody" and testing of the alleged marijuana?

Continue reading "New Jersey Marijuana Defense: Did Police Find Weed in Your Car? Better Contact an Experienced Attorney" »

We've discussed this before, but anyone who wishes to maintain the respect of their family, peers and business associates should be very sensitive to the potential embarrassment that a drunken driving conviction can bring upon them. Reputations, friendships and marital relationships have been torn apart following a DWI arrest and subsequent conviction.

And it doesn't really matter where in the Garden State you live, be it Morris, Middlesex, Ocean or Atlantic County, being pulled over and hit with a summons for driving under the influence is no laughing matter, especially to well established and respected members of the community. As New Jersey drunk driving defense attorneys, we have seen how a conviction for driving while intoxicated can impact multiple offenders as well as first-time DWI arrestees.

While most people would agree that a conviction for drug DUI, such as marijuana use, could certainly result in complications at work or school, even a DWI for consuming beer or wine can result in unforeseen consequences. To make things worse, municipalities around the country are looking at social networking sites, such as Facebook, to publish names and photos of drunk driving offenders.

Not only can a DWU or drug DUI conviction be expensive from a financial standpoint but the potential for embarrassment has been elevated now that cities and towns are using the power of the internet to "out" convicted drunken drivers. According to news articles, the trend is likely to increase unless someone takes a stand against the practice.

In Burlington County, NJ, the Evesham Township Police Department had previously attempted to use the Facebook networking site as a vehicle to publish the names and photos of people arrested for drunk driving, among other offenses. According to some experts, this kind of "rogue gallery" of DWI and drug DUI arrestees can reportedly cause serious humiliation, which has stopped some agencies from employing the tactic.

In fact, although Evesham Township still has an active police department Facebook page, according to the news article, four months after it began the county prosecutor told the department that they should curtail the practice because it was not clear if such a use was allowed vis-à-vis what information police are allowed to release about suspects.

Should Facebook Be Used To Fight Drunk Driving?, RedOrbit.com, January 18, 2011

Visit any county in the Garden State and you will find a fair number of drunken driving arrests on a weekly basis. Whether you live in Hudson, Somerset, Mercer or Atlantic County, the stories are quite similar, though the circumstances and facts of each DWI case are unique.

It's important to reiterate that most arrests for impaired driving begin with a seemingly minor traffic offense, such as failure to maintain lane, improper turn or even a broken tail lamp. While the initial traffic stop may have been for a minor infraction, that event can lead to the police officer noticing evidence of alcohol consumption, such as an empty beer bottle or wine cooler. The patrolman may also detect the odor of alcohol on the driver's person, which can then begin the process of a DWI or DUI arrest.

As New Jersey drunk driving defense attorneys, I and my staff of experienced lawyers represent motorists accused of operating motor vehicles under the influence of alcohol, prescription meds, and even illicit drugs, such as marijuana and cocaine. The following police arrest blotter entries illustrate the kinds of DWI and drug DUI arrests that take place all across New Jersey throughout the year.

Illegal Immigrant Arrested for DUI
Arriving at the scene of a Saturday morning traffic accident at the corner of Giles and Academy Streets, police found a 22-year-old man in the driver's seat of a Ford Explorer trying to restart the SUV which had apparently plowed into the back of another passenger vehicle. The Ford was also on the sidewalk Flores was attempting to restart the vehicle.

Apparently under the influence, Police removed the man from the vehicle. Continuing to question the individual, the officers determined that he was also in the country illegally. Officers arrested the driver and charged him DUI. He also received summonses for driving without a license, reckless driving and failure to wear a seatbelt.

He was ultimately released on the DUI charge, but was sent to the Cumberland County Jail on an ICE (Immigration and Customs Enforcement) detainer.

Continue reading "Police Blotter: Drunk Driving and Drug DUI Arrests in Bridgeton, New Jersey" »

All things considered, if a motorist is going to be stopped for drunk driving in the Garden State, if and when it does happen it's advisable not to have that arrest be in conjunction with a traffic accident. Coupling a DWI or drug DUI arrest with property damage, or worse, injuries and/or fatalities, makes a drunken driving defense that much more complicated.

As New Jersey DWI defense lawyers, I and my colleagues know the law as it applies to driving while intoxicated, regardless of whether the charges involve alcohol, prescription meds or illicit drugs such as cocaine or marijuana. As a former municipal prosecutor, I have a deep understanding of the strategies and procedures used by prosecuting attorneys against drivers accused of operating a vehicle under the influence.

Impaired driving is actually quite common in Bergen, Union, Ocean and Mercer County, not to mention most other jurisdictions across the state. One thing that most people would likely agree on, however, is that hitting a police car while allegedly drunk is not a good idea. Doubly so, hitting a patrol car while leaving a bar would be at the top of our list of things not to do after drinking any amount of beer, wine or hard liquor.

A while back, in South Plainfield, NJ, a bar patron did just that early on a Sunday morning. Based on police reports, patrolmen had been called to the scene of an unrelated incident at a bar on New Market Avenue around 1:40am. While the officers were inside the establishment, a 35-year-old customer who had already left the bar tried to pull his vehicle out of the bar's parking lot. In the process, Manishkum Patel, hit the unoccupied police car.

While damage to the patrol car was minimal, officers arrested Patel and charged him with DWI. Apparently the man declined a breath test and was charged with refusal, as well as being slapped with a reckless driving charge.

Driver, 35, charged with DWI after hitting patrol car in South Plainfield, MyCentralJersey.com, January 11, 2011

Traffic deaths occur with alarming regularity here in New Jersey, many of these crashes occur as a result of alleged impaired driving. State police and municipal law enforcement officers are constantly patrolling Garden State highways and surface streets looking for drivers who may be operating a motor vehicle while under the influence of alcohol or prescription medication.

Representing motorists involved in drunken driving arrest in Ocean, Bergen, Passaic and Monmouth County, I and my staff of experienced drunk driving lawyers understand the circumstances that can lead to a DWI or drug DUI arrest. Whether the charges are legitimate depend on the individual situation and the evidence that the prosecuting attorney has at his or her disposal.

When it comes to fatal drunken driving accidents, the police and the courts are not likely to be sympathetic to an accused driver in light of a DWI crash that has killed another individual. While each case is different, driving while intoxicated and causing an injury accident or fatal crash is not something anyone wants to happen to them.

Not long ago, a Millville, NJ, resident was sentenced to five years in prison in connection with a 2009 collision that killed a young man and injured his aunt, grandmother and cousin. According to news reports, Jessica Lane was the driver of a vehicle that rear-ended another car carrying Derrick Rosado, 22. Based on police reports, Rosado was riding in the backseat of the car, when it was struck from behind by Lane's vehicle.

Back in October, Lane pled guilty to charges of vehicular homicide and assault by auto, as well as being intoxicated at the time of the crash. Sentenced to five years in jail, she will have to serve a minimum of 85 percent of that sentence in order to qualify for parole, which is reportedly set at three years once she is released from prison. The sentence for the assault charge -- 18 months -- will run concurrent to the longer sentence. She was also fined for the drunk driving offense.

New Jersey woman gets five years for death of Myrtle Beach High graduate, TheSunNews.com, January 11, 2011

Understanding what can occur during a routine traffic stop can be very useful for drivers who may have had some amount of beer, wine or hard liquor prior to getting behind the wheel of their car or truck. By learning the procedures used by police officers when facing a possible DWI suspect a motorist may be better prepared for the subsequent steps of a drunken driving arrest and possible conviction.

As a New Jersey DWI defense lawyer, I can say that nobody looks forward to a drunk driving conviction on their record. Yet, this is certainly a risk when any driver, regardless of past history, attempts to operate a motor vehicle after having consumed even a small amount of alcohol. And don't forget that prescription medication has been known to cause impaired judgment as well, which explains why drug DUI arrests continue to make the headlines across the country.

As the saying goes, "Knowledge is power," especially where the law is concerned. An arrest for DWI, drug DUI or even marijuana possession in a motor vehicle can be just the beginning of a long and costly process for many drivers. Regardless of the reasons -- be it excessive alcohol consumption, a bad reaction to prescription meds, or the so-called cocaine hangover -- being pulled over by a New Jersey state trooper or local police officer can be the beginning of the end to a previously clean driving record.

Before being charged with DWI or drug DUI, a motorist may not even be suspected of driving under the influence by the officer in charge. Still, policemen are trained to detect the telltale signs of drunken driving behavior, so the suspicion may already exist. However, for a DWI stop to be legal the officer must stop the motorist an actual traffic infraction, such as failure to signal a lane change or having a broken taillight. This kind of offense is usually the initial cause of traffic stop that could end up in an actual DWI arrest.

The well-known field sobriety test is an important tool employed by police officers all around the country to determine if a driver is possibly impaired due to alcohol or drug use. Failing to pass one or more of a variety of tests can become one of several pieces of evidence that a municipal prosecutor can present to the court as proof that a driver was impaired at the time of the initial traffic stop.

Continue reading "DWI Law Update: Field Sobriety Testing Procedures for New Jersey Motorists Suspected of Driving while Intoxicated" »

Regardless of whether you live in Burlington, Ocean, Monmouth or Passaic County, being charged with DWI where others were injured or killed can be quite serious. As New Jersey runk driving defense lawyers, I and my staff are concerned with representing those individuals who have been arrested for driving while intoxicated, either by alcohol or a controlled dangerous substance (CDS), such as prescription medication, marijuana or other illicit drug.

In some cases, a charge of operating a motor vehicle while under the influence of alcohol or drugs (Drug DUI) can be combined with other serious charges, like vehicular homicide or assault by a motor vehicle. Unlike being arrested in connection with a minor traffic violation, these kinds of offense -- fatal DWIs and drug DUIs -- bring with them serious consequences if the defendant is convicted.

Such a case was initiated against a resident of Maple Shade, NJ, following a fatal car crash back in 2009. According to reports, 28-year-old Steven Ford was indicted not long ago by a Burlington County grand jury for the deaths of two people in Mount Laurel. In that crash, police charged the man with intoxicated driving in addition to two counts of first-degree aggravated manslaughter, two counts of second-degree vehicular homicide, and one count of fourth-degree assault by auto.

According to news reports, the fatal car accident took place on a Sunday afternoon along a stretch of Rte 38. Police reports indicate that Ford was driving his pickup truck in a westerly direction on Rte 38 at an allegedly high speed just prior to losing control fo the vehicle. The truck allegedly hit the curb of the grass center median, which caused the vehicle to be launched into the eastbound lanes of traffic. The pickup crashed into a sport utility vehicle and then a box truck.

Continue reading "Burlington County Man Indicted for Fatal Drunken Driving Crash that Killed Two People" »

While some may say that we are still in the dark ages of combating drunken driving on New Jersey's roadways, others argue that DWIs and drug DUIs have been reduced to acceptable levels. Few will agree exactly on the course to take from this point on, but as a New Jersey drunk driving defense lawyer, I'd say it's a fair assumption that many of the motorists arrested for driving under the influence of alcohol or prescription medication would never have considered themselves impaired.

Of course, that doesn't mean that some drivers have broken the law knowingly, but these days quite a few individuals find themselves on the receiving end of a drunken driving summons or even arrested for operating a motor vehicle while intoxicated. Whether one is expecting to be charged with DWI or not, there are very stiff penalties for driving drunk in the Garden State.

Recently, critics are claiming that after years of increasing fines and penalties, as well as public awareness campaigns, sobriety roadblocks and saturation patrols, there appears to have been little decrease in the overall number of DWI and DUI arrests on New Jersey's roadways.

In 2009, there were reportedly 27,838 drunken-driving arrests in this state, fewer than any year in the entire decade now past. According to statistics from the New Jersey State Police, that figure represents a three-percent decline from the previous year. Based on information from various government authorities, the number of drunken driving arrests has held pretty much at the same level for nearly 10 years. The peak, according to news reports, occurred in 2007 when arrests nearly hit 30,500.

Federal grant monies are constantly being funneled to state and local police departments across New Jersey totaling millions of tax dollars to put more police officers on the street over the holidays. Although the idea is to crack down on drunk drivers, some say these DWI campaigns only scare off responsible adults and hurt local businesses such as restaurants and other establishments that serve alcohol.

Continue reading "NJ Drunk Driving News: Stiffer DWI Penalties May Not Discourage Motorists Who Drive While Intoxicated" »

The old adage, "Where there's one, there's two," can apply to many aspects of life. For motorists convicted of a first DWI offense, there is unfortunately the distinct possibility of being stopped at a future date and accused of driving under the influence of alcohol. For those individuals facing the possibility of multiple drunken driving convictions, you should definitely consider enlisting the services of a qualified DWI defense lawyer.

Whether an individual has been charged with a DWI or DUI in Essex, Atlantic, Bergen or Monmouth County, the consequences of multiple convictions remain the same and can be extremely detrimental to a person's future. Careers have been forfeited, relationships have been destroyed and friendships lost over something as seemingly inconsequential as driving with a slight buzz.

But the penalties and consequences of a second or third DWI conviction are anything but trivial. My suggestion to anyone facing this kind of scenario is don't make a bad situation any worse; take the necessary steps now to defend yourself in a court of law -- consult with an experienced DWI defense attorney.

Although it may seem that a first-time DWI arrest and conviction shouldn't be that serious, one should never make that assumption. Not only are the penalties rather stiff for a first-time DWI conviction, it will only makes a future drunken driving arrest and conviction that much more serious.

As a New Jersey drunk driving defense lawyer, I know that many first-time DWI offenders go before the court without representation. In some respects this is not always a bad idea. The reason being that if a motorist did not have legal representation in their first DWI case, it's quite possible that a court could allow a second drunken driving offense to be treated as your first.

In fact, in such instances, a DWI defense attorney will often ask the court to treat a second offense as if it were the first for sentencing purposes. But keep in mind that timing is everything. If you are pulled over for a second DWI while the first case is still unresolved, a judge may allow multiple sentences, including license suspensions, to run concurrently. This is one way of making the best of a bad situation.

An additional consideration is the location of the various DWI arrests. If a driver had his or her first DWI conviction in another state, it will not necessarily qualify a subsequent New Jersey offense as that of a multiple DWI or drug DUI offense. Bringing in an experienced attorney to argue possible discrepancies drunk driving laws between the two states could mean that a driver will only be sentenced as a first offender in New Jersey.

Union County DWI Traffic Stop
A traffic accident involving two vehicles early on a Sunday morning precipitated a DWI arrest for one individual not long ago. According to news reports, the car crash occurred just before 2am in Fanwood at the intersection of South Ave. and Terrill Rd. According to police, officers at the scene interviewed both drivers and were able to determine that one of the cars rear-ended the other as it sat at a red light.

During one of the interviews, patrolmen reportedly detected the odor of alcohol emanating from a 20-year-old man from Scotch Plains, NJ. Allegedly smelling the strong scent of alcohol on the suspect's breath, officers requested the man to perform a field sobriety test. Failing that test, police placed the man under arrest and took him to the local police headquarters where he was processed and issued a summons for careless driving and DWI. The driver was subsequently released to a responsible party pending a court date.

Orange County Man Arrested for DWI
In an out-of-state drunken driving incident, an Orange County, NJ, driver was pulled over and arrested for driving while intoxicated on the Palisades Interstate Parkway early on a Saturday morning. According to State Police, the arrest happened as part of a holiday drunken driving crackdown when the 35-year-old motorist was observed by patrolmen apparently driving in an erratic fashion.

After being pulled over near Exit 9 on the parkway around 4:30am, most likely for a routine traffic offense, officers apparently detected telltale signs of alcohol intoxication. The man was arrested, charged with driving under the influence and taken to police headquarters. He was subsequently released pending a court appearance.

That arrest was reportedly part of a New Year's DWI enforcement crackdown which also netted six other drunk driving arrests; three local motorists and three out-of-state drunk drivers. One of those involved seventh-degree criminal possession of a controlled dangerous substance (CDS) and unlawful possession of marijuana.

Police & Fire Blotter: FW Police Arrest SP Resident for DWI, Patch.com, January 2, 2011

Police & Fire Police: Orange County Man Charged with DWI on Parkway, Patch.com, December 19, 2010

It doesn't matter where you live in the Garden State -- Atlantic, Bergen, Monmouth, Passaic or even Ocean County -- as a motorist there is always that possibility that you will be pulled over by the New Jersey State Police or a local patrolman for one of dozens of relatively minor traffic offenses. But an interesting fact is that nearly every DWI arrest begins with a routine traffic stop.

As a drunken driving defense lawyer, I and my colleagues have defended literally hundreds of individuals charged with driving under the influence of alcohol, prescription meds or even illicit drugs such as marijuana or cocaine. Being stopped for something as seemingly minor as a burned-out taillight can actually result in some motorists receiving a summons for drinking and driving.

Some people may not realize that for an arrest for drunken driving to be legal it must have been preceded by what state law defines as "reasonable suspicion." In this case, the suspicion would be that the driver of vehicle has committed a traffic violation.

This requirement is based on a case known as New Jersey v. Carpentieri, in which the New Jersey Supreme Court ruled that a police officer needs to have an "articulable and reasonable suspicion" that the driver of a vehicle has committed a violation of New Jersey traffic law before that officer can even consider pulling the suspect's over.

Following the initial stop for the traffic offense, the patrolman must by law have probable cause prior to making any arrest and before having the driver submit to breathalyzer test. By probable cause the law states that the officer must have cause to believe that the motorist is operating his car or truck while under the influence of alcohol or other substance that may have caused impairment.

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

Continue reading "New Jersey Drunk Driving Arrests Follow Multiple Steps before a Final, Possible DWI Conviction" »

As a New Jersey drunk driving defense attorney, my job is to represent individuals charge with DWI, drug DUI or refusal to take a breathalyzer test. Because state law is so harsh when it comes to convicted drunken drivers, the fines and penalties that a motorist can face following a DWI arrest, it makes very little sense to walk into a courtroom unprepared.

Regardless of whether one lives in Bergen, Passaic, Mercer or any of the other counties across this state, law enforcement and the judiciary have been cracking down not only on the driver who operates his or her vehicle while under the influence of alcohol or prescription drugs, but also bars and restaurants who might be over-serving their patrons.

Not long ago, a Hackensack apartment complex was hit with a multi-million dollar judgment in connection with an under-age driver who left a party drunk and drove his car into a pedestrian walking a dog. Based on news reports, the jury in the case settled on a $7.4 million judgment that found 20-year-old David Figueroa was allowed to consume alcohol at a party in a unit of the Excelsior Apartments prior to causing that a serious traffic accident.

That crash, according to court records, involved a prominent cardiologist, Henry Lau, who received multiple injuries including two broke legs, broken pelvis and back, as well as several broken ribs. The doctor also received a number of facial injuries. Lau spent a total of six months in the hospital and later in rehab following multiple operations for his injuries.

The accident happened on December 27, 2006, when Lau was out walking his dog along a stretch of Clinton Place during the early morning. Figueroa reportedly fled the scene following the accident but was apparently picked up by police not long after the incident. Charged with vehicular assault and leaving the scene of an accident, he was sentenced in May 2008 to two months in jail and five years probation, plus a total of 180 hours of community service.

Continue reading "New Jersey Legal News: Hackensack Apartment Complex Ordered to Pay $7 Million in Drunken Driving Injury Accident" »

As a New Jersey DWI defense attorney, I and my staff of experienced legal professionals have represented numerous minors charged with underage drinking and DWI. With offices in Ocean County, Bergen County, Passaic and Middlesex Counties, we possess extensive knowledge of state and local drunk driving and DUI laws and prosecutorial strategies.

As experienced DWI lawyers, we also understand that a conviction for underage drinking or driving while intoxicated can seriously impact a young person's future. Although youngsters may not believe that a seemingly minor event could in anyway have a bearing on their future life or business career, there always exists the potential for unintended consequences down the road.

For a young adult just setting out on his journey toward adulthood, being arrested for underage drinking can have a considerable impact on his life. And the facts speak for themselves.

New Jersey law states that if any person under 21 years old is proven to have bought or consumed alcohol in an establishment licensed to sell alcohol, that youngster could be fined up to $500. In addition, depending on the circumstances, the court can also order the suspension of a defendant's driver's license for up to six months.

For those young people who do not yet have a driver's license, the law also affects them, but in the future. Parents of kids who do not yet have a driver's license should take note here; if your child is convicted of underage drinking, a future license suspension will begin as soon as that young person is eligible to receive his or her driver's license. And just as adults may be ordered to attend an alcohol treatment or education program, any young person who violates the state's underage drinking laws may also be so ordered by the court.

The state's laws pertaining to underage drinking and driving are quite specific. Because an individual must be 21 years or older to purchase, possess or consume alcohol, underage drinking is by definition against the law. And it goes without saying that underage drinking and driving is illegal as well. The consequences for underage drinking are very harsh in the Garden State, especially in cases of DWI.

But whether or not a youngster charged with DWI, an underage drinking offense could indeed affect that child's current or future driving privileges. Anybody under 21 years old who is found to have even the slightest amount of alcohol in their system -- defined as having a blood-alcohol content (BAC) of 0.01 or more -- will be subject to a number of penalties under the law, including:

• Loss or postponement of driving privileges (30 to 90 days)
• Community service (15 to 30 days)
• Attendance at an Intoxicated Driver Resource Center, or an alcohol education and highway safety program