New Jersey DWI Lawyer Blog

Picking up on our discussion previously regarding fighting a drunk driving charge, we've already talked about the possible causes of failing one or more of the standardized field sobriety tests that most police officers administer to allegedly drunk drivers in order to gauge their level of so-called drunkenness.

As a New Jersey DWI and drug DUI defense lawyer, I and my colleagues know the procedures that law enforcement departments train their officers to follow when arresting a motorist for driving under the influence of alcohol, prescription medication or illegal drugs. These tests are designed to evaluate a person's level of inebriation, but they can also result in false assumptions.

In fact, an individual doesn't need to be drunk to fail a field sobriety test, or FST. Many people who have had nothing alcoholic to drink can still struggle to pass FSTs under a variety of conditions. The takeaway here is that even if you ever struggled and possibly failed the FSTs, it can still be attributed to the setting and circumstances of the test, and not always because a person is intoxicated.

For those who do not agree, simply attempt to accomplish some of the standardized field sobriety tests at home, in a comfortable non-threatening setting, on a level and firm floor, and without any nervousness or anxiety. You could be surprised at what you discover.

When a skilled drunk driving defense lawyer is there by an individual's side to raise reasonable doubt in the court's mind as to whether or not that person was indeed intoxicated, the results can also be surprising.

Meanwhile, there are other, rather innocent explanations for various "symptoms" of drunkenness. Many police officers will claim to have observed certain of these "objective symptoms of intoxication" in a person suspected of drunken driving. The standard list includes the following:

• Bloodshot and watery eyes


• Slurred speech


• A flushed face and


• An unsteady gait

Oddly enough, DWI police reports can include pre-printed boxes indicating some or all of these so-called symptoms, right there waiting for an officer to check them off. At any rate, the non-alcohol causes for these observations often include fatigue, allergies or eye strain that can cause bloodshot eyes, nervousness, embarrassment and/or anger about being pulled over in the first place, which can result in flushing. Even a feeling of intimidation or being flustered by the event can result in slurred speech.

Unfortunately, the police rarely take these innocent explanations into account. This is why an experienced New Jersey DWI defense attorney is someone that should be consulted whenever a motorist feels he or she was falsely accused of driving drunk.

Don't believe for one second that being "arrested" for drunk driving in Bergen, Monmouth, Ocean or any other county in the Garden State will automatically lead to a conviction for driving under the influence of alcohol. The fact is a lot can happen between a DWI-related traffic stop and any sentencing for an intoxicated driving summons.

As experienced New Jersey drunk driving defense attorneys, I and my colleagues know that the situation is not always that dire. Over and over, our staff is asked by potential clients about the true practicality of fighting an intoxicated driving charge. A typical response? Pleading guilty to a drunken driving charge is certainly not the way to win.

Municipal prosecutors in charge of DWI cases will typically point to a number of factors in an effort to "prove" in court that an individual was operating a motor vehicle in an impaired state. These include: 1) the odor of alcohol on the driver's breath; 2) police observations that the subject was driving in an "erratic" manner; 3) the suspect "appeared" disheveled or carried himself as if he was intoxicated by liquor; 4) demonstrated poor performance of the standard field sobriety tests; and finally, 5) was deemed legally intoxicated based on the blood-alcohol content (BAC) results from a breath or blood test.

What prosecutors will not tell you, nor be eager to point out, is that each of these "evidence" types can be quite ambiguous from a legal standpoint. This is why one should always seek the services of a qualified DWI attorney. Much of the so-called evidence collected by the police during a drunk driving stop, sobriety checkpoint or DWI roadblock is subject to a range of interpretation and can often be unreliable -- resulting in faulty assumptions.

One potential defense stems from the fact that factors other than inebriation from beer, wine or hard liquor can cause poor performance on the standardized field sobriety tests. Actually, performing poorly on drunken driving field sobriety tests may be the result of other factors, such as:

-- Testing a person on an uneven or slippery surface
-- Being distracted by the patrol car's flashing lights or nearby traffic
-- If the test area is too dark or amidst glaring lights
-- Testing the takes place in cold, rainy or windy weather conditions
-- If the driver is wearing unsuitable footwear, such as boots, high heels or dress shoes
-- If the motorist is nervous, anxious or frustrated by the situation

These are a few of the possible causes of poor sobriety field test performance. We'll discuss some more effects in another installment.

Depending on the circumstances, a driver can occasionally be arrested for DWI yet not be physically able to provide police with a breath sample. In some cases, police will then take the suspect to a local hospital to have the person's blood and urine sampled for evidence of drunken driving. As a New Jersey DWI and drug DUI defense lawyer, I and my colleagues have seen many such instances.

A news article not long ago showed what can happen when a driver allegedly operates a vehicle under the influence of alcohol. According to the report, a later afternoon call to the local police department described a possibly intoxicated driver who had moments earlier reportedly struck a parked car on Main Street in Little Ferry, NJ, then drove off.

The driver, who was allegedly operating a grey VW, was followed by the caller to a local apartment complex. Based on police reports, officers arrived at the complex in time to observe the suspect enter one of the apartment units. After knocking, the woman answered the door. Officers apparently asked the suspect if she had just been driving the VW parked out front, to which she answered in the affirmative.

The patrolmen inquired if the woman realized that she had been in an accident, and she reportedly stated that she had. She also stated, according to police reports, that she believed she only tapped her sideview mirror. According to the news report, officers had found the VW's front passenger-side body panel had been heavily damaged.

During the interview, officers allegedly detected the odor of alcohol on the suspect's breath. Police also reported that the woman appeared disoriented and that she was not making sense when she answered the patrolmen's questions. As she walked away from the front door of her apartment, police stated that she appeared to be staggering and swaying.

Inside the apartment, police asked the suspect if she would submit to a sobriety test, to which she responded that she couldn't due to mental and physical complications. The officer apparently felt it was unwise to have the woman attempt to complete any balance tests, so they placed her under arrest and took her to the local police department where she was charged her with DWI.

Continue reading "New Jersey Driver Arrested for DWI after Hitting Parked Car in Little Ferry" »

Knowing how police departments and the judicial system handle drunken drivers is one large step in preparing for a future DWI arrest. This is not to say that learning about the steps of a drunken driving arrest and possible conviction indicates a person's propensity to drive under the influence of alcohol. While no one expects or even welcomes being charged with DWI or drug DUI, most people are fairly unprepared when it does happen to them.

As a New Jersey DWI defense attorney and a former municipal prosecutor, I understand the law and its inner workings. Below we have included some additional information that go along with a previous blog entry. Our intent here is to perhaps help some drivers to be more prepared if and when they are stopped by a state trooper or local police officer and charged with DWI or even a drug-related DWI offense, such as marijuana possession in a vehicle.

Following a traffic stop, or at a sobriety checkpoint, if a police officer suspects a driver may be operating a motor vehicle while impaired by alcohol or prescription medication, he may use several methods to determine if that person is inebriated. One way for an office to decide if a suspect should be taken to police headquarters for a breath test is the use of one of several standardized field sobriety tests.

As one of the many tools of law enforcement, field sobriety tests can be used as evidence to prove that a driver was under the influence at the time of the arrest. They typically involve three separate tests:

1) The one leg stand test
2) The horizontal gaze nystagmus
3) The walk-and-turn test

The second of these three may be familiar to most people who have watched movies or TV shows where an officer asks the subject to follow a light or a finger with his or her eyes from one side to the other.

While administering these tests, an officer will likely be observing the suspect's actions and making note of almost every thing the person says of does, all of which will likely be used in court as evidence to gain a drunken driving or drug DUI conviction. A patrolman may even watch how driver exits her vehicle and record that for use in court by the prosecuting attorney.

Continue reading "NJ Drunken Driving Update: Understanding the DWI Arrest Process in New Jersey (Part 2)" »

As a New Jersey DWI defense attorney, I'd be the first to say that being arrested for alleged drunk driving following an injury accident will not gain a person any points in court. It's a fact that the police already have a very dim view of intoxicated driving, but combining that with property damage and personal injury and the court will also be unimpressed.

Still, in our legal system a defendant is considered innocent until proven guilty, which is why I and my colleagues are ready to represent individuals charged with drunken driving and drug DUI in Bergen, Union, Middlesex and Ocean County, among others. Regardless of the reasons, when a driver makes an error by getting behind the wheel after having a drink or two, the ultimate result can often be a DWI conviction in a local courtroom.

A news article not long ago described a car accident that apparently was precipitated by an allegedly drunk driver. According to news reports, a 31-year-old Passaic County driver crossed over into opposing traffic along a stretch of Rte 46 and struck another vehicle near the Green St. intersection. The accident, which happened just after midnight on a Sunday, critically injured a 43-year-old Bergen County driver.

Police reports indicate that Xavier Fernandez was operating a Cadillac CTS westbound on Rte 46 in the center lane when for some reason the Caddy veered across the left lane, striking the curb of the center median. The vehicle then drove cross the median and into the eastbound traffic lanes where it collided with a car driven by Matthew Keefe of Park Ridge, NJ.

Keefe reportedly received numerous injuries as a result of the crash including a broken pelvis and internal injuries. Once emergency responders arrived on the scene they treated the man and then transported him to Hackensack University Medical Center.

Police reportedly had Fernandez perform a field sobriety test at the scene of the crash, which he failed. Officers charged the man drunken driving as well as possession of marijuana, possession of a CDS in a motor vehicle and reckless driving. The accident was still under investigation at the time of the news article.

Driver arrested after Route 46 crash that injured Park Ridge man, NorthJersey.com, January 23, 2011

An Atlantic City judge recently overturned a DWI conviction when he found that only a certain type of thermometer probe should be used to determine the reliability breathalyzer devices. According to recent news reports, Superior Court Judge Max Baker's decision could affect the results of numerous drunk driving cases in the Atlantic County area. Apparently, the New Jersey State Police, whose job it is to regulate the Alcotest breath test device, did not immediately say how many police departments in the county use the reportedly unreliable component.

As a New Jersey drunken driving defense lawyer, I and my colleagues are well versed in the law pertaining to drunk driving as well as drug DUI arrests. Each of our attorneys is also qualified in the operation and maintenance of the Alcotest machine cited in this news report.

Superior Court judge's ruling could negate DWI arrests throughout the county, according to other area defense attorneys and municipal prosecutors. According to court records, the ruling come from an appeal by Emilio Rivera who was pulled over on New Year's Eve, 2009, along the Garden State Parkway.

Rivera was arrested for drunk driving and taken into custody. Police eventually administered the Alcotest at the Bass River Barracks. The man's case was initially heard in Galloway Township, were he was convicted on evidence presented by the prosecutor's office. However, his attorney appealed on a number of issues, including the manufacturer of the temperature probe and the room where the defendant was tested for blood-alcohol content (BAC).

A key to the man's appeal was the fact that in the New Jersey Supreme Court's previous ruling stating that the Alcotest device could replace the Breathlyzer throughout the state, it named only one company as the approved manufacturer for the thermometer probe. Specifically, the Ertco-Hart digital measuring system is the one specified, however it has come to light that some police departments use a probe made by the Control Company.

Apparently, testimony from another case concerning the two probes showed that Control was the choice of probe mainly because it is cheaper -- about $300 compared to $2,000 for the Ertco-Hart model, which also requires yearly recalibrations that can cost upward of $700. According to the news report, Control's probe is replaced rather than recalibrated.

Continue reading "Judge in Atlantic County, NJ, Rules Drunken Driving Breath Test Machine Unreliable" »

I've said it here before, and most people understand that DWI arrests can occur almost anywhere, and almost any time. No matter where you live in the Garden State, be it Morris, Hudson, Mercer or Atlantic County, state police troopers and other local law enforcement officers have but little tolerance when it comes to drunken driving on the part of area residents, not to mention out-of-state drivers.

This lack of tolerance covers a range of offenses such as alcohol-related DWI and drug-related DUI, the latter of which includes prescription drugs and marijuana, not to mention seriously illegal drugs like cocaine and heroine. This last group comes under the heading of controlled dangerous substances, better known as CDS.

Being a New Jersey DWI defense lawyer, I offer a vast amount of experience in the defense of motorists accused of operating a motor vehicle while intoxicated by beer, wine or other alcoholic beverages or impaired due to the affects of CDS-type drugs. It commonly accepted that police routinely will charge a driver with drunken driving when he or she is suspected of driving under the influence of drugs (DUID). These drugs can include but are not limited to narcotic, hallucinogenic and/or habit-forming substances.

To understand the process of charging a driver with drug DUI, it is also important to know that New Jersey law prohibits operating a motor vehicle by a person who is impaired by marijuana, cocaine, or other narcotics. This group also includes prescription medication such as morphine. For legal purposes, the standard of proof used to establish a narcotic-based DWI charge was established about five years ago in State v. Bealor. Moreover, State v. DiCarlo defines the term "narcotic" for the specific purpose of establishing a basis for driving while intoxicated charges here in the Garden State.

Continue reading "NJ Drug DUI Defense Update: Understanding the Difference between Drug DUI and DWI Charges" »

As a New Jersey DWI defense lawyer, I represent numerous clients accused of drunken driving. These individuals may or may not have been operating their vehicles under the influence of alcohol, prescription drugs, or illegal substances such as cocaine, heroine or marijuana. Although their individual circumstances may vary, the way in which they were stopped by police and arrested for driving while intoxicated are generally similar.

Looking at the local police blotters, we typically find examples of DWI and drug DUI arrests all across the state. From Essex to Monmouth County and Passaic to Ocean County, dozens of motorists are pulled over and issued summonses every week. Sobriety checkpoints, or DWI roadblocks as they are sometimes called, are also a source of drunken driving arrests here in the Garden State. For a look at the kinds of arrests made throughout New Jersey, the following items are typical.

Denville
Local police stopped a 35-year-old female driver after she was observed driving the wrong way along a stretch of Rte 46 early on a Thursday morning. The driver, a resident of Kearny, NJ, was pulled over and apparently exhibited signs of intoxication. The officers arrested the driver and charged her with drunk driving, careless and reckless, as well as driving on the wrong side of the highway. She was subsequently released to a responsible party.

Jefferson
A local man was stopped by police after they observed the individual allegedly driving in a reckless manner in a snow-covered parking area at Stanlick School. During the stop, which occurred on Saturday, the 18-year-old driver was charged with driving under the influence and also possession of less that 50 grams of marijuana. Another man in the vehicle, an 18-year-old local resident, was also charged with possession of pot (less than 50g) and possession of paraphernalia. Both men were released pending court appearances.

A 23-year-old Sussex man was stopped for speeding by police along a stretch of Rte 15 on a Thursday. After pulling the motorist's vehicle over, officers apparently detected signs of inebriation and arrested him for drunken driving. He was subsequently released an appearance date in municipal court.

Continue reading "Morris County, NJ, Drunk Driving News: Police Charge Drivers with DWI and Marijuana Possession" »

Getting into a motor vehicle after having a drink or two is always a gamble. Not simply because being impaired can reduce one's reaction time and possibly result in a traffic accident, but also because New Jersey's court system and police agencies are constantly on the lookout for drunken drivers. As New Jersey drunk driving defense lawyers, I and my staff understand the process of a DWI arrest and conviction. As a former municipal prosecutor, I also understand the strategies used by prosecuting attorneys to secure a DWI or drug DUI conviction.

Understanding the process yourself could help in the future. Although nobody expects to be stopped and arrested for driving under the influence of alcohol or prescription medication, being prepared is not an admission of guilt. It's better to understand how this sometimes lengthy process occurs, if only to reach the realization that a DWI conviction is not something you want to experience, for numerous reason.

The following should be of some assistance for drivers here in the Garden State, at least so they can possibly sidestep the pitfalls and potential legal difficulties of being arrested, charged and possibly convicted for driving under the influence of alcohol, prescription meds, marijuana or other illicit drugs.

Regardless of the potential outcome, the process usually begins with a motorist being pulled over by a state trooper or local police officer. And whether you are arrested in Sussex, Passaic, Union or Atlantic County, you could be charged with any number of violations, such as DWI, driving under the influence of a controlled dangerous substance (CDS) or breath test refusal.

Some may wonder under what particular circumstances an officer is legally justified to pull them over for driving drunk. This is a common question to which the answer is simple, but occasionally confusing. Although a police officer may not actually know that a driver is impaired due to alcohol consumption or prescription drug use, he or she may decide to stop you for any number of potential traffic violations.

From relatively egregious traffic offenses, such as running a red light or speeding, to seemingly innocuous violations, such as a burned-out taillight or cracked windshield, any one of these or other offenses can result in a motorist being stopped. Of course, suspicious driving patterns, such as drifting across the centerline or weaving in ones lane, will also tip off an officer to the driver's state of impairment.

Continue reading "NJ Drunken Driving Update: Understanding the DWI Arrest Process in New Jersey (Part 1)" »

If you thought drunken driving was only for motorists caught while operating under the influence of beer, wine or hard liquor, you may want to take a step back and consider the growing number of headlines talking about drug DUI. Being arrested for driving while intoxicated used to mean an alcohol-related DWI, but with the increasing use of prescription medications and illegal drugs, such as cocaine and marijuana, police nationwide are seeing more and more drug-related DUIs than ever before.

As a New Jersey DWI defense lawyer, I and my staff understand the finer points of the law pertaining to drunk driving, breath test refusal and underage drinking offenses. Whether you live in Ocean, Monmouth or Middlesex County, there is always a possibility that you or a family member could be pulled over for drunk driving. And while alcohol used to be known as the drug of choice, weed or cannabis has apparently been waiting in the wings to make its debut.

According to a news story not long ago, courts and law enforcement agencies around the country are cracking down on drivers who allegedly operate their cars and truck under the influence of marijuana. In what it calls a growing problem, marijuana DUI may become as large a problem for police departments across the nation as alcohol-related drunken driving once was.

In fact, a study by the National Highway Traffic Safety Administration (NHTSA) earlier this year indicates the number of pot-related traffic accidents has been increasing annually since 2005.

Continue reading "NJ Drunk Driving Defense News: Marijuana DUI Arrests Likely to Rise as Police Crack Down" »