New Jersey DWI Lawyer Blog

As the saying goes, knowledge is power; and apparently owners of smart phones are feeling more powerful every day. In the news of late are stories about the sales of software applications that allow users of iPhones, BlackBerries and Droids, among others, to keep track of drunken driving checkpoints, also known as sobriety roadblocks. Numerous government officials and police departments have been pressing Apple and Google to stop offering the apps, but this may be in itself be accelerating sales of the DWI alert software packages.

As New Jersey drunken driving defense lawyers, I and my team of experienced DWI attorneys are quick to advise people not to drink and drive. However, we understand that many motorists who are stopped by state and municipal police patrols don't necessarily realize that they may be legally drunk, something which could end up costing them a great deal.

When a driver is pulled over at a drunk driving checkpoint, if a police officer detects signs of alcohol use he may request the driver to perform a variety of field sobriety tests. Once satisfied that the motorist is likely impaired by alcohol, the officer may also ask the driver to submit to abreathalyzer test. If his or her blood-alcohol content (BAC) measurement is 0.08 or above, the individual could be arrested and charged with driving while intoxicated. This is the beginning of a costly process that may lead to loss of the person's job, alienation from family and friends, and possibly jail time under certain circumstances.

One way in which motorists are trying to avoid running into a sobriety roadblock is through the use of those DWI and DUI apps. According to news reports, these downloadable applications actually enable smart phone owners to pinpoint the locations of drunk driving checkpoints set from time to time up by police departments all across the Garden State.

Continue reading "Sales of DWI Sobriety Checkpoint Apps for Smart Phones on the Rise" »

Whether you've received a summons for driving while intoxicated or been arrested for prescription drug DUI, there's a good chance that you've been wondering if a drunken driving defense attorney is worth the expense. It makes little difference whether you live in Morris, Ocean or Middlesex County, if you've been stopped by the NJ State Police or a local patrol officer, the resulting drunk driving arrest and possible conviction can complicate most anybody's life.

Because there is so much to lose as a result of being convicted for drunk driving or illicit drug DUI, it's a good idea to consult with an experienced DWI attorney to find out where you stand. Penalties for driving under the influence of alcohol, marijuana or other controlled dangerous substance (CDS) make it almost imperative to hire a drunken driving defense lawyer.

Maybe a recently traffic stop resulted in a DWI arrest, or perhaps a motorist received a summons for being intoxicated while parked on the roadside, the initial question one must ask is, "Was I really drunk?" The answer to this question is maybe yes, but maybe no. It all depends on the facts and the way in which the police conducted the initial traffic stop and subsequent DUI arrest.

Considering whether or not a DWI charge was warranted, a drunk driving defense attorney can look at all the specifics involved in the case and determine if a conviction is likely. Maybe it is, but one thing is certain, as with any aspect of the law a drunk driving conviction relies on a variety of factors and no outcome is ever written in stone.

Continue reading "Morris County, NJ, Legal Defense: Is Hiring a New Jersey Drunken Driving Lawyer Really Necessary?" »

As DWI defense attorneys here in the Garden State, we can certainly say that the male contingent is not the only sector of the driving public who has a history of drunken driving arrests. While some may argue that men are more likely to be cited for driving while intoxicated, it's actually understood that as a group female motorists are being stopped for impaired driving more often than, say, ten years ago.

As New Jersey drunk driving defense lawyers, I and my colleagues have defended numerous clients, many of them women, who have been accused of driving under the influence. It wouldn't be a stretch to say that many people have made the mistake of getting behind the wheel of a motor vehicle after taking a few drinks. Of course, there are certainly fewer individuals out there who would consciously decide to drive while legally drunk, if they knew that they would end up in a courtroom accused of DWI.

The penalties for driving under the influence of alcohol or prescription drugs here in New Jersey can be quite heavy. And as we've seen over the past several years, women and men are constantly being introduced to what it's like to be stopped for DWI. It wasn't long ago that news articles, were heralding the new trend in drunk driving, that of female drivers being arrested on the highways and city streets.

Why this trend has been occurring is hard to say, but with all manner of individuals being stopped for intoxicated driving -- grade school teachers to corporate executives -- intoxicated driving arrests happen every day, all around the country, not just in New Jersey.

We could blame television, which made afternoon wine-tasting parties look like the latest trendy neighborhood event. But whether it's the stay-at-home moms or the real housewives, being charged with drunken driving or drug DUI can lead to serious consequences if one is convicted. This can be especially difficult for those who are arrested following and injury accident.

According to an article some time ago, although four times as many men as women were being arrested nationwide for drunk driving, the number of women facing DWI charges had increased by almost one-third during the ten-year period ending in 2007. That year, 162,493 women were arrested for driving while intoxicated, according to FBI statistics. Surprisingly, arrests of men declined 7.5 percent during the same period.

No matter what the reasons, the trend for DWI arrests had been rising for the female population. Regardless, the results can be devastating to a person's career or family life. This why we always recommend that anyone arrested for drunk driving, breath test refusal, or drug DUI seek the services of a qualified legal professional experienced in DWI defense.

While some people may feel that being arrested for impaired driving only happens to those who drink and drive, DWI or more specifically, DUI, can also pertain to motorists stopped by police and found to be under the influence of a controlled dangerous substance (CDS), such as cocaine or marijuana. drug DUI, which can also apply to individuals determined by the police to be impaired by prescription medication, is relatively common in the Garden State.

As New Jersey drunk driving defense lawyers, I and my colleagues understand how a causal user of marijuana could be charged with possession of marijuana, or weed, while driving their vehicle in Middlesex, Monmouth or Ocean County. Not surprisingly, the New Jersey legal system applies the same strict enforcement of DUIs as it does DWIs. While the substance may be different, a CDS instead of beer, wine or hard liquor, the penalties can be just as severe.

A news article not long ago illustrated what can happen when a driver is stopped by police and found to have been using an illicit drug while operating a motor vehicle. According to news reports, two people were arrested by police and charged with marijuana possession in Morris County apparently following a routine traffic stop.

Based on reports, police officers observed a vehicle traveling along a stretch of road in Kinnelon, NJ. The patrolmen stopped the vehicle in order to cite the driver for alleged equipment violations. During the traffic stop, officers detected the smell of burning cannabis coming from within the suspect's vehicle. After the officers inquired as to the smell, on of the occupants -- a woman from Kinnelon -- apparently admitted to smoking a combination of hash and spice in vehicle just a short while before.

Further interrogation by the police revealed that the driver, a man from Newark, had allegedly smoked some weed in the vehicle the day before. Officers subsequently removed the couple from the vehicle, during which they found a small amount of marijuana on the floor of the car and also a small quantity in the woman's purse, as well as rolling papers.

Both people were charged with marijuana possession in a vehicle, while the 26-year-old driver was also charged with driving while intoxicated, as well as possession of drug paraphernalia, possession of a CDS in a vehicle, careless driving and driving with unsafe tires. The two were taken into custody and driven to police headquarters. They were then processed and subsequently released pending a future court appearance.

Two Charged With Possession After Marijuana Allegedly Found in Vehicle, Patch.com, March 31, 2011

As New Jersey DWI defense attorneys, we find reports of drunk driving arrests in the media nearly every day of the week. Whether you live in Bergen County, Hudson County or Mercer County, the odds of a driver being pulled over and charged with driving while intoxicated increases with enhanced drunken driving enforcement patrols.

While many DWI arrests take place as a result of a seemingly minor traffic offense, many other motorists are picked up for drinking and driving as a result of sobriety checkpoints. Still others are arrested for being intoxicated while sitting in a parked vehicle. The following news items from Union County are just a couple of the typical arrest reports that transpire every week in the Garden State.

Kenilworth
A driver from Newark was stopped by police at the corner of Michigan Ave. and Rte 22 after officers apparently noticed the suspect's vehicle being driven in a suspicious manner. The 29-year-old Essex County man was pulled over by police in the early morning hours on a Saturday. According to reports, as officers approached the driver they noticed a gun allegedly protruding from car's center counsel.

It was subsequently discovered that the weapon was a fully loaded 9mm pistol. The suspect was taken into custody without any shots being fired, after which he was charged with drunken driving in addition to possession of a firearm. The man was also charged with refusing to submit to a breath test, and possession of a firearm. He was later released pending a Superior Court appearance.

Cranford
A driver was Westfield motorist was stopped by patrolmen late on a Thursday evening when the police responded to a report of a vehicle allegedly being driven erratically along a stretch of road in Cranford, NJ. The arrest occurred near the corner of South Ave. and High St. following the report which stated that a motor vehicle had hit a sign in a parking lot of New Jersey Transit on South.

The 51-year-old female driver was pulled over just before 11pm by officers. The patrolmen apparently detected some evidence of alcohol and arrested the woman, then charged her with DWI. After being taken into custody, she was also charged with leaving the scene of a motor vehicle accident as well as failure to keep right and improper vehicle lighting maintenance. The woman was subsequently released pending a court appearance.

Kenilworth police stop man for DWI, find loaded handgun, NJ.com, March 26, 2011

Even in the best of situations, a routine traffic stop can lead to a charge of drunken driving. Here in the Garden State, local police departments and the State Police maintain drunk driving patrols along public roadways in Union, Atlantic, Ocean and Bergen County. It's not uncommon for a motorist to be stopped for a minor traffic violation and then to be arrested for driving under the influence of alcohol, prescription pills (drug DUI), or illicit drugs.

As New Jersey drunk driving defense lawyers, my firm has represented many drivers accused of intoxicated driving, operating a motor vehicle while impaired by a controlled dangerous substance (CDS), and breath test refusal. While our courts take a dim view of individuals who get behind the wheel when legally drunk, they certainly take notice of those drivers who cause a traffic accident while under the influence of beer, wine, hard liquor and even marijuana.

It's best to remember that being involved in an injury accident while potentially drunk will not win you any points with a judge. Not long ago there was a report of a traffic accident that sent two people to the hospital and resulted in one of the drivers being cited for DWI. According to the news, four individuals were hurt during the crash that occurred along a stretch of Rte 9 near Taylors Mill Rd.

According to police, 20-year-old Matthew Wasek was driving a Honda Accord southbound when he allegedly tried to execute an apparently illegal left turn onto Taylors Mill. As Wasek's vehicle turned, it crossed in front of an oncoming vehicle driven by a 19-year-old man from Middlesex. The force the crash caused a back-seat passenger in the Honda to be partially ejected from the sedan.

Police reports indicate that 18-year-old Andrew Oksman of Freehold Twp received numerous critical injuries in the collision. He was taken by emergency medical personnel to Robert Wood Johnson Hospital in New Brunswick. Another passenger, a 16-year-old girl, also in the back seat, was injured as well. She was flown by helicopter to Jersey Shore University Medical Center in Neptune, NJ, where she was listed in critical yet stable condition.

Wasek, who sustained minor injuries, was subsequently arrested by police and charged with intoxicated driving, under-age drunken driving, careless as well as reckless driving, and failure to yield right of way. At the time of the news report, an investigation was ongoing and police may have been considering further charges against the man.

Two critically injured in Manalapan two-car crash, DailyRecord.com, April 2, 2011

Multiple drunk driving arrests, not to mention numerous DWI convictions can prove to be quite damaging to one's driving record, much less an individual's personal relationships, business career and standing in the community. Here in Monmouth County, just like in Ocean, Sussex and Bergen Counties, a driver who causes an accident while under the influence of alcohol faces a difficult uphill battle in the state's legal system.

As a New Jersey drunk driving defense lawyer, I understand how a traffic accident complicates a driver's DWI or drug DUI defense case. In situations where a death is also involved, the courts have little empathy for a defendant who is found to have gotten behind the wheel of his or her automobile in an impaired or drunken state.

A DWI-related traffic fatality is a much more serious issue than is a simple case of being stopped for a minor traffic violation. To say the least, a person in such a situation should definitely consult with a qualified legal professional. A circumstance that might call for an experienced DWI attorney was recently reported in the news.

According to reports, charges of driving under the influence levied against a Union Township resident were escalated to that of vehicular homicide in the case of a fatal accident along Interstate 78 last year in Somerset County. Based on news reports, a five-month police investigation resulted in serious charges being pressed against 38-year-old Amie Marroccelli in connection with a deadly car crash in Warren, NJ, last October 10.

Based on police reports at the time, Marroccelli was driving a BMW east along a stretch of I-78 just before 8pm when the woman's vehicle hit the driver's side door of a Subaru being operated by 22-year-old Steven Wall, who was also headed east. The impact between the two vehicles caused Wall's vehicle to spin then leave the roadway and, sliding down an embankment, striking a tree. Wall eventually died from injuries he sustained in the crash that evening.

Continue reading "Union Township Drunken Driving News: Prosecutors Upgrade Charges to Vehicular Homicide following Warren DWI Accident" »

Today, it's not uncommon for a fatigued driver to be stopped by a New Jersey State Police trooper for failure to maintain a lane, possibly caused by drinking and driving. But unlike a motorist who fails a field sobriety test and then blows over 0.08 on a breathalyzer test, a drowsy driver has a good chance of getting off with a warning.

Now, no one will argue that nodding off on the highway is a dangerous and potentially deadly situation for any driver, but does it rise to the level of drunken driving and drug DUI? Here in the Garden State it is already a criminal offense when drowsy driving leads to a fatal traffic accident. But in some circles, populated by various experts and law enforcement officials, the desire still exists to penalize drowsy drivers to the same extent as those motorists found guilty of driving while under the influence of alcohol or prescription medication (also known as drug DUI).

There are facts to bakc this up. in a study dating back to 1995, AAA Mid-Atlantic Inc. found that driving with no sleep for 24 hours was akin to having a blood-alcohol content (BAC) of 0.10 percent, more than the legal limit for DWI in New Jersey. Around that same time, the National Highway Traffic Safety Administration (NHTSA) estimated that drowsy driving was to blame for about 100,000 crashes, more than 70,000 injuries and nearly 1,600 fatalities annually across the U.S.

Consider the similarities, as many experts have. While driving home tired after working the graveyard shift, a driver might try to squeeze in a few extra miles instead of stopping at a rest area. Bleary-eyed and perhaps not on top of his or her game, it is possible for a motorist to appear drunk on the road. The same can be said of long distance driving with not enough shuteye time.

As New Jersey drunken driving defense attorneys, we have a great deal of experience representing individuals accused of operating a motor vehicle while intoxicated. But is working a double shift then driving home a little fatigued the same as getting behind the wheel of an automobile after having one too many shots at a bar? Legally, these two may begin to converge.

As stated above -- just like DWI, prescription drug DUI, or impaired driving as a result of using a controlled dangerous substance (CDS) such as marijuana or cocaine -- the consequences for killing another person while under the influence are quite severe.

Continue reading "Bergen County DWI Update: Could Drivers Someday be Arrested for Drowsy Driving Just Like DUIs Today?" »

Earlier this year the courts were faced with a potential problem affecting the reliability of the Alcotest device, which is used extensively throughout New Jersey to measure the blood-alcohol content (BAC) of suspects arrested for alleged drunken driving. As many people know, breathalyzer machines provide one of the main pieces of evidence that a motorist was operating his or her vehicle under the influence of alcohol.

Although not used in all drunk driving cases, the use of these breath test devices make up a significant percentage of DWI convictions in Bergen, Middlesex, Ocean and Morris County.

As New Jersey drunk driving defense lawyers, I and my colleagues possess an extensive understanding of the Alcotest machine, its maintenance and operation. Certainly to have these devices under close examination raises many questions about those DWI convictions on which possibly faulty BAC measurements were based, in whole or in part.

According to news articles, some facets of the Alcotest machine's reliability were ordered to be re-examined by a Monmouth County court within two months from a state appeals court decision at the beginning of April. It was not unexpected that any ruling requiring further investigation into the quality of the device's measurement capability would likely cause a delay in the prosecution of DWI-related cases where the defense presented a challenge to the proper calibration of these machines -- specifically the quality of a temperature probe used to maintain proper operation of the Alcotest model 7110 MKIII-C.

Continue reading "Monmouth County Drunk Driving News: Court Revisits Reliability Issues with Alcotest Breath Test Device" »