New Jersey DWI Lawyer Blog

A New Jersey driver was arrested for driving under the influence of alcohol after the vehicle in which he and another man were traveling crashed on Route 47 early on a Sunday morning. According to news reports, the accident occurred in Middle Township when 21-year-old Ryan Simcox of the township's Rio Grande area apparently lost control of the vehicle.

As a result of the accident, Simcox's passenger was thrown from the car. Based on police reports, 25-year-old Steven Adams was ejected from the vehicle when it crashed just before 3am near the Sonic restaurant at the Grande Center. The Whitesboro resident was thrown to the pavement and reportedly received serious injuries.

As a New Jersey drunk driving defense lawyer and former municipal prosecutor, I understand the complications that such an accident can cause to a DWI defense case. In this case, an eye witness told police that the driver was speeding through a parking lot, allegedly accelerating as he ignored several stop signs prior to losing control and driving through a safety fence and then into a ditch. The witness was reportedly a night watchman for a nearby Lowe's store.

Adams was treated by emergency personnel and the airlifted by SouthStar medical helicopter to AtlantiCare Regional Medical Center in Atlantic City. He was reportedly listed in fair condition later that day. According to police, Adams was not wearing his seat belt.

Simcox, who was not hurt in the crash, was arrested by police and charged with driving while intoxicated and assault by auto. He was placed in custody on $10,000 cash bail at the Cape May County Jail in Cape May Court House. A third occupant, the 21-year-old Elijah Adams, was uninjured in the accident and reportedly fled the scene before officers arrived. He was later found and taken into custody by police; he later posted bail.

Police said that both Simcox and Elijah Adams were wearing their seat belts at the time of the crash.

Driver charged with DWI in Middle Township crash that caused passenger to be ejected, PressofAtlanticCity.com, August 8, 2010

An apparently drunken out-of-state driver was taken into custody by Hoboken police after an early morning car-pedestrian traffic accident that resulted in the serious injury of a local man, according to news reports. Police said that the accident occurred around 1am on a Thursday morning right in front of Hoboken City Hall.

As a New Jersey DWI defense lawyer, I'm well aware of the complications that an injury accident can add to a drunken driving case. Fortunately for the driver, 38-year-old Pamela Currie, the injured man was not killed as a result; a fatal accident involving driving under the influence of alcohol can be quite serious and may lead to extensive jail time depending on the circumstances.

According to the news, Currie was driving a red Nissan Xterra southbound on Washington Street prior to the collision. Police reports also indicate that a male passenger was traveling in the vehicle as well. Based on reports, if it is determined that the passenger was sober at the time of the crash then that individual could be hit with a fine for allowing an intoxicated person to operate a motor vehicle.

Police stated that the driver appeared to be drunk as she stepped out of the car to take a field sobriety test. According to reports, one witness said that the pedestrian was thrown approximately seven feet before hitting the pavement on his left side. One of the man's shoes was found about 15 feet from where he landed. Police reportedly said that skid marks measured at the scene indicated that the driver was likely speeding at the time of the accident.

The injured pedestrian was taken by ambulance to a local Hoboken hospital. Currie's vehicle was towed away to a municipal garage. At the time of the report, investigators were still looking into the crash, however Currie was reportedly charged with aggravated assault by auto and refusal to submit to chemical blood-alcohol (BAC) test.

Update: Pedestrian Struck; Driver Arrested For DWI, HobokenPatch.com, June 3, 2010

A recent New Jersey appellate court ruling has opened the door to lawsuits from obviously intoxicated customers who purchase liquor prior to being involved in a DWI-related injury accident. The ruling essentially states that liquor establishments, such as beer and wine shops, are not protected under the same New Jersey statutes that prevent third parties from being sued by drivers found to be at fault in a car accident as a result of driving under the influence of alcohol.

The court explained its decision stating that drivers who endanger public safety by driving while intoxicated should be penalized by being stripped of their right to suing third parties, however those owners of stores licensed for the sale of alcohol have a legal obligation to avoid serving drunken customers and then allowing them to go forth and travel New Jersey roadways (Voss v. Tranquilino, No. A-5431-08T1).

It was suggested that the state legislature was likely wrong to have imagined that the instances of drunk driving on Garden State roads would have been reduced by essentially "immunizing" beer-, wine- and liquor-sales establishments from lawsuits filed by drivers arrested for DWI-related traffic offenses.

This recent ruling affirmed the right of Frederick Voss, a cyclist injured in an accident in Toms River back in 2006, to pursue this claim against Tiffany's Restaurant, which had served him while drunk thus contributing to the accident. Voss reportedly pleaded guilty to DWI as a result of that accident.

Tiffany's argued it was immune from suit and sought summary judgment. Ocean County Superior Court Judge John Peterson denied the motion and the appeals court affirmed.

The 1997 anti-drunken driving amendments to motor vehicle insurance law, at N.J.S.A. 39:6A-4.5(b), say a driver convicted of DWI in connection with an accident "shall have no cause of action for his or her injuries."

But this does not trump the Dram Shop Act, adopted 10 years prior, which protects the rights of people who suffer loss as a result of the negligent service of alcoholic beverages by licensed servers, the court explained. An interesting point here is that while typical suits against dram shops are usually brought by the victim of a drunk driver, the Dram Shop Law itself does not make a distinction between the victim or perpetrator of the accident.

The Voss decision is reportedly the first by a state appeals court to specifically deprive licensed premises of immunity in such cases. Regardless, the attorney for Tiffany's said that his client may appeal to the Supreme Court.

Drunken Drivers May Sue Dram Shops That Served Them Prior to Accidents, Law.com, April 30, 2010

A resident of Oak Ridge, NJ, was recently given three years in jail for a May, 2009, drunk driving accident that left a 71-year-old newspaper delivery man with multiple injuries. As a New Jersey DWI defense attorney, my firm handles drunken driving cases through the Garden State. I know from experience that severe injury accidents involving alcohol can land a motorist in prison very easily.

In this particular case, the defendant was found guilty of operating a motor vehicle while intoxicated. Furthermore, the man had apparently tried to elude Jefferson Township police while driving drunk a second time months after the accident, something that never improves one's chances in court. As a former municipal prosecutor, I understand the strategies used by prosecuting attorneys when it comes to DWI offenders.

According to news reports, Superior Court Judge David Ironson sentenced 23-year-old Ibrahim Hasan to three years in prison for having deprived the victim, Oak Ridge resident Jerry Begley, of what should have been his golden years.

The defendant's attorney had requested a sentence consisting of a long-term, in-patient substance abuse therapy and probation, instead of prison. Apparently the judge turned down that request.

At the time of the accident, Begley was reportedly a subcontractor who delivered the Daily Record and other newspapers. He was on his way from his Oak Ridge home to retrieve newspapers in Hibernia when the defendant crossed into his lane on Berkshire Valley Road around 1:30am on May 5, 2009. The cars collided head-on. Hasan reportedly had a blood-alcohol content (BAC) of 0.13 percent following the collision.

Police reports show that Begley was extricated by rescue workers, who cut him out of his vehicle. He reportedly has undergone multiple surgeries to repair breaks in his legs, pelvis and arm, as well as to mend his hips.

In his second instance of drunk driving in July of last year, Hasan apparently eluded police for five miles on a motorcycle after an officer signaled him to pull over for having a broken taillight. He was driving 62mph in a 45mph zone, and found to have a BAC of 0.15 percent after being stopped by police.

In addition to his prison term, Hasan was ordered to pay $2,591 in restitution to Begley and another $2,160 in fines. His license was suspended by the judge for two years.

Oak Ridge man gets prison for drunken crash, fleeing police, DailyRecord.com, March 12, 2010

When it comes to car-pedestrian accidents, the person on foot rarely has a chance. Add alcohol consumption into the mix and that's a potentially deadly combination. The trial of a Jersey City police officer who was arrested for the drunk driving death of a pedestrian has recently come to its completion. According to news reports, the off-duty officer faces up to 10 years in prison for killing a pedestrian in an out-of-state DWI crash.

As a New Jersey drunk driving defense attorney, I have been on both sides of the aisle in cases similar to this one. An arrest for driving under the influence of alcohol, breath test refusal or prescription drug DUI is already a serious situation that calls for the assistance of a qualified drunk driving lawyer. In cases involving a fatality, whether pedestrian or another driver, an experienced DWI attorney is a necessity.

Based on news articles, the incident that led to the arrest occurred in Manhattan back in Early 2009. At that time, the former officer, Martin Abreu reportedly had a blood-alcohol content of 0.124 percent when he struck and killed 26-year-old Huang "Marilyn" Feng. Based on reports, Abreu's police partner was riding in the car with him at the time of the collision.

Court records show that Abreu's car struck Feng and her boyfriend as they were walking home just before 4am after an evening of dancing. When police and emergency personnel arrived at the scene, the obviously intoxicated Abreu was still behind the wheel of his 2007 Camry with the engine running. The driver admitted to responding officers that he had hit Feng.

The arresting officers described the suspect as having watery eyes, slurred speech, with the smell of alcohol on his breath and a bottle of liquor in the car. Initially, Abreu reportedly refused to submit to a blood-alcohol test, however he did eventually agree to take the test and blew a 0.124 percent reading.

Abreu, who had been with the Jersey City Police Department since 2005, was charged with two counts of aggravated vehicular homicide, two counts of aggravated vehicular assault, two counts of vehicular manslaughter in the second degree, two counts of vehicular assault in the second degree, and two counts of operating a motor vehicle while intoxicated.

According to news reports, Abreu will be eligible for parole in 3 1/2 years, while his maximum sentence can be as much as 10 1/2 years.

Jersey City cop gets prison for fatal drunken driving accident, NJ,com, February 24, 2010

Fatal 'DWI' cop's partner saw it all, NJ.com, February 10, 2009

As a drunken driving defense attorney representing New Jersey motorists charged with driving under the influence of alcohol, I have handled hundreds of cases involving individuals who drove drunk and had an accident while intoxicated. The state of New Jersey provides stiff fines and jail time for many motorists who operate a vehicle while impaired by beer, wine or hard liquor.

Driving under the influence of prescription drugs (drug DUI) will also cause a driver trouble if pulled over by a state, county or municipal law enforcement officer. Regardless of the circumstances, for a traffic stop to be valid it must be supported by the police officer's reasonable suspicion that a motor vehicle violation has occurred. Under State v. Carpentieri, the New Jersey Supreme Court held that law enforcement officers must have an articulable and reasonable suspicion that a violation of traffic law has happened.

Once an individual is stopped the police must have probable cause to believe the driver is intoxicated before they can make an arrest and conduct a breathalyzer test - usually using an Alcotest measuring device. Remember that there is no right to advice from counsel at this early stage in the DWI process.

A few examples of drunk driving arrests are included below, based on recent news reports. Dozens of these kinds of incidents take place in New Jersey every week.

Montclair
Officers pulled over a 28-year-old Clifton resident in the early morning hours of Wednesday, January 20, when officers observed the motorist traveling at a high rate of speed along the city street. The actual traffic stop occurred at the corner of Glenridge Avenue and Forest Street. As officers approached the vehicle, they detected signs that the driver had possibly been drinking. The man was likely given a series of field sobriety tests to determine his state of inebriation, after which he was taken into custody and charged with driving under the influence of alcohol, as well as speeding.

In an earlier incident, a 56-year-old woman from Riverdale was charged with several offenses including assault by auto, careless driving and DWI after the vehicle she was driving collided with another car. The driver reportedly left the scene of the accident just before 6:30pm on January 19. According to police records, another motorist followed the woman as she drove away, following her to the intersection of Grove Street and Mt. Hebron Road, where she eventually pulled over.

Red Bank
A 44-year-old resident of Newark, NJ, was arrested on January 17 after a Red Bank patrolman observed the woman driving in a manner suggesting drunk driving. The officer pulled the driver over, and on suspicion of drunk driving charged the woman with driving under the influence of alcohol.

In two separate incidents on January 16, Red Bank police arrested a 24-year-old woman and a 64-year-old man on charges of driving while intoxicated. The woman was stopped by a Red Bank police officer in the area of N. Bridge Ave. The woman was apparently drunk, according to police. The officer likely conducted standardized field sobriety tests, which the suspect probably failed. She was arrested for DWI.

In the second arrest that day, the 64-year-old driver was stopped near Newman Springs Rd. by a Red Bank patrolman on suspicion of drunk driving and other traffic violations. After evaluating the driver, the officer effected an arrest and charged the man with driving under the influence of alcohol.

BLOTTER: A CUPFUL OF WHAT??? OH, YUCK!, RedBankGreen.com, January 25, 2010

Montclair: Police Blotter, NorthJersey.com, January 28, 2010

Drunken driving, or DWI (driving while intoxicated), is a serious offense in New Jersey. From Atlantic City to Newark, law enforcement agencies and state legislators are getting more and more tough with people who drive under the influence of alcohol. As a New Jersey drunk driving defense lawyer, I and my colleagues understand the dangers of driving under the influence of alcohol or prescription drugs (DUI or drug DWI).

Recently, the New Jersey state legislature has taken on the task of making those convicted of fatal DWI traffic accidents go to jail and stay there longer. These days a conviction in the Garden State for operating a motor vehicle while inebriated is an expensive proposition; killing another person while drunk usually calls for jail time -- soon that jail term may be longer than many expect.

According to news reports, a bill entitled "Josh's and Craig's Law" could increase the penalties for motorists who cause a fatality as a result of a DWI traffic accident. The new legislation is being sponsored in the state Senate by Senator Jeff Van Drew and in the Assembly by Assemblymen Matt Milam and Nelson Albano.

The bill takes its name from Josh Moren and Craig Lozier, who died within weeks of each other in similar DWI-related accidents in Cape May County last year. The common thread, according to news reports, is that these two individuals were apparently killed by drivers who allegedly were driving under the influence of a large amount of alcohol, or a mix of drugs and alcohol.

Moren, who was 18, died in June of 2008 along Route 47 in Middle Township just three weeks after graduating from Sacred Heart High School. He was killed by 48-year-old Laura Lippie of Bridgeton, NJ. Lippie is currently serving more than sevens years in prison at Edna Mahan Correctional Facility for Women.

According to news articles, the new law would mandate a minimum sentence of 10 years for an DWI offense involving high levels of intoxication, such as Lippie was convicted for. Based on court records, Lippie pleaded guilty to having spent the day before the accident drinking vodka. Her blood-alcohol content (BAC) at the time of the accident was measured at 0.37 percent -- more than four times the legal limit.

Several weeks after Moren was killed, Lozier was hit by a drunk driver as he was riding a motorcycle on Route 47 near his home in Cape May Court House. Police reportedly filed DWI and drug possession and distribution charges against Nicholas Golden, the driver who hit Lozier. Golden was subsequently indicted on first-degree aggravated manslaughter charges, which carries between 10 and 30 years in prison. At the time of the news article, Golden was free on bail pending trial.

Continue reading "New Jersey DWI News: Pending Legislation could Increase Jail Sentences for Fatal DWI Accidents" »

A Montville, New Jersey, woman was recently sentenced to 48 months in jail after being convicted for her third drunk driving arrest as well as vehicular assault charges after hitting a police officer and two other vehicles in 2008. Having defended many New Jersey motorists accused of driving under the influence of alcohol, I can only say that this type of case needed serious DWI defense work.

According to news reports, Andora Needleman, 47, pled guilty back in August to a couple counts of vehicular assault, as well as driving while intoxicated, plus leaving the scene of an accident. One assault charge was for hitting Officer Kevin Milley, while the second was for hitting a car with a five-year-old child on board.

Superior Court Judge Salem Vincent Ahto revoked Needleman's driver's license for 10 years, which begins when she is released from prison. She is expected to apply for early release from prison under the state's Intensive Supervision Program, which is a stringent form of parole.

The incident in question happened in June 2008. Officer Milley was directing traffic at the intersection of Route 202 and River Road when the apparently drunk Needleman struck two vehicles in traffic in front of her then hit the officer. Milley, who suffered bruises and pain in his back, neck, arm and shoulder, told the defendant in court that he would have pulled his service gun and shot at her as she sped off but didn't because other vehicles and people were in the area.

After hitting the officer, Needleman kept traveling in her 2004 Ford pickup truck. Morris County Assistant Prosecutor Brian DiGiacomo said that Milley got Needleman's license plate, which allowed officers to trace the registration. They were waiting at her Taylortown Road home when she showed up.

According to police reports, Needleman's blood-alcohol level was 0.26 percent -- more than triple the 0.08 percent level at which a motorist is deemed legally intoxicated in New Jersey. Since the incident, Needleman has been undergoing treatment for alcoholism.

Montville woman gets prison sentence for third DWI, hitting cop, DailyRecord.com, October 8, 2009

Alcohol-related injury accidents are one of the more serious types of DWI-related traffic offenses. Recently a Hackensack, NJ, resident was charged with driving while intoxicated and as well as allegedly causing a two-car crash on the Garden State Parkway that resulted in injury to the suspect, his passenger and the driver of a second vehicle. As a New Jersey drunk driving defense lawyer, my firm has represented people who have found themselves in similar circumstances.

According to reports, the accident occurred a little after 10pm on Friday, September 25 in Ocean County around the 74-mile marker on the Garden State Parkway. Police reports show that 40-year-old John Twomey was driving southbound in his 1996 Infiniti with Kevrye Lantigua, 18, from Perth Amboy.

The investigation was still underway at the time of the news report, however it appears that Twomey's vehicle struck a second vehicle driven by Christine Doran, a 35-year-old resident of Barnegat. Authorities say that emergency responders tending to the victims noticed the scent of alcohol on Twomey's breath, as well as open containers of alcohol were in the Infinity. According to police reports, the man admitted to drinking Bacardi rum while in the vehicle.

All three people were injured in the accident. Doran was treated at the scene and then transported by ambulance to Southern Ocean County Hospital in Stafford, NJ. Twomey, who sustained back and neck trauma, was airlifted to AtlantiCare Regional Medical Center. He was listed in good condition at the time of the report. Towmey's passenger was airlifted to Jersey Shore University Medical Center in Neptune, New Jersey, with head trauma. By the time of the news report, Lantigua, had been discharged from the hospital.

Man charged with DWI in Parkway crash that injured three, APP.com, September 28, 2009

An East Ruther ford man was sentenced to 4 1/2 years in prison by a Morris County, NJ, court on September 18 in the culmination of more than one dozen drunk driving convictions and 78 license suspensions over his driving career. Shaun P. Campbell, 40, was sentenced in Superior Court, Morristown, for the auto wreck in Morris Township that he caused while driving under the influence of alcohol this past April, as well as two other DWIs and driving while suspended he accumulated in Wayne and Pequannock in 2008.

As a New Jersey drunk driving defense lawyer and former municipal prosecutor, I must say that this is one of the most active drunk drivers to come through this state's court system in a while; which is likely why the Morris County Assistant Prosecutor Brian DiGiacomo requested "enhanced penalties" for Mr. Campbell, and why the court obliged by suspending the defendant's driver's license for an astounding 41 years.

Equating the dangers of Campbell's drinking and driving with the actions of a violent criminal, the court held up his 16 DWI convictions and 78 license suspensions as justification for the sentence, which included a 4 1/2-year prison term, more than $9,000 in fines and the near half-century license suspension.

In announcing the sentence, Superior Court Judge Salem Vincent Ahto admonished Campbell by saying, "when you get behind the wheel in a drunken stupor, you become a potential assassin. You earned the right to go to state prison."

Remarkably, through all of his drunk driving episodes, Campbell had never caused a reported injury to another person until April 23. On that day, he veered into opposing traffic and struck, head-on, a pick-up driven by Harold A. Bivins Jr., 48, of Chatham Township. Bivins' 4-year-old daughter, Hannah, was in a child's seat in the pick-up. Neither was seriously injured.

According to reports, Campbell entered additional pleas to driving drunk in Pequannock and Wayne and being an unlicensed driver on both occasions. On both of those occasions he wasn't actually driving but was discovered by police sleeping off bouts of drinking in his vehicle, which he had parked in local auto dealership lots.

Under the sentence, Campbell must serve 18 months in state prison for the assault by auto conviction. The remainder of the time behind bars, for motor vehicle offenses of DWI, driving while revoked, and leaving the scene of the April 23 crash, will be spent in either the Morris County or Passaic County jail.

Defense attorney John Paul Velez made arguments for a probationary term, saying that Campbell never contemplated harm, has been undergoing counseling and wishes to be a spokesman for the Intoxicated Driver Resource Center.

Driver's license revoked for 41 years; Man gets 4 1/2 years in prison, DailyRecord.com, September 19, 2009

A Woodbridge, NJ, man was sentenced to eight years in prison recently for a fatal drunk driving accident that killed a Perth Amboy patrolman. Sean McGuirk, 25, received his sentence in a New Brunswick courtroom on September 17 for the August 2008 crash that killed 31-year-old Thomas Raji and injured two other people. Although there are many kinds of drunk driving charges, as a New Jersey DWI defense lawyer I will say that the most serious cases involve injury accidents and fatal wrecks.

McGuirk's sentence also shows what can happen when a motorist drives drunk and kills a law enforcement officer. This case was tragic and can only serve as a reminder that drinking heavily and operating a motor vehicle are not compatible.

On August 21, 2008, McGuirk was admittedly drunk when he left the Big Shots Bar in Woodbidge and got into his car. According to court records, he had been drinking for four hours starting around 11pm. He said he had "five or six drinks" before leaving for home at about 3:30am. He had testified that he also had alcohol in his car.

Driving south on Green Street, McGuirk ignored the red traffic signals of both the northbound and southbound crossings at the Route 1 intersection, where he broadsided a Perth Amboy police cruiser carrying Raji, another officer and a prisoner being transported to the Middlesex County Jail.

Traveling 45 to 50 miles an hour in a 25-mph zone, McGuirk's vehicle impacted the driver's side of the cruiser. The force of the crash critically injured Raji, seriously injured the 44-year-old Mercurio and caused lesser injuries to the prisoner in the back seat.

Raji was airlifted to Robert Wood Johnson University Hospital in New Brunswick, where he was pronounced dead. The officer, who took much of the impact, suffered brain hemorrhaging, broken arms and ribs and multiple internal injuries.

Mercurio had to leave the police force due to injuries received that day. He reportedly still suffers from a brain injury and double vision, as well as chronic pain from having so many broken bones -- most of the bones in his face were broken and he needed surgery to rebuild his eye sockets.

Following the crash, McGuirk's blood-alcohol content (BAC) was measured at 0.13 percent, considerably higher than the legal limit of 0.08 percent. He was charged with vehicular manslaughter and two counts of assault by auto and driving while intoxicated. The state agreed to recommend the dismissal of aggravated manslaughter as well as two counts of aggravated assault. The state also agreed to recommend a sentence of eight years.

8 years for man who killed cop in crash, ABCLocal.com, September 17, 2009

Death driver hears of lives he wrecked, NJ.com, September 18, 2009

Complicating a DWI charge in New Jersey with an injury accident is not a good idea. Injuring other passengers in your car or occupants of another vehicle while driving under the influence of alcohol is bad enough, but hurting a pedestrian while driving in an intoxicated state can put you in a very difficult situation. This is why having an experienced New Jersey drunk driving defense lawyer at your side is very important.

Not long ago, a car driven by a local woman struck a Lord & Taylor employee on a pedestrian crosswalk just outside of the department store in Westfield, NJ. The victim, Gina Marotta from Clark, New Jersey, was taken Newark's University Hospital where she underwent surgery for a broken arm, a broken leg and head injuries.

Police investigating the accident alleged that the driver, Leslie Boughner, was intoxicated at the time of the accident. Charged with second degree aggravated assault with a motor vehicle for the August 5 accident, Boughner surrendered herself to the police following the investigation which started hours after the accident.

On the day of the accident, Boughner was issued a summons for DWI and had a blood sample taken to test the amount of alcohol in her system. After reviewing the case, the Union County prosecutor's office came to the conclusion that Boughner "operated her motor vehicle recklessly under the influence of either alcohol or drugs."

The area in which the accident occurred also played a part in the type of charge levied against the woman. Being just one block from Roosevelt Intermediate School the accident technically happened in a school zone, therefore the charges were upgraded to a second degree offense. This is serious and could result in this individual doing jail time should she be convicted. Boughner was released on $20,000 in bail pending a hearing.

At the time of the news report, the investigation was still ongoing. As part of the county's effort to gain more witnesses in the case, police erected a flashing sign on North Avenue asking anyone who saw the accident to come forward. Putting up this kind of sign is common when authorities are looking for a conviction in cases such as this.

Driver Charged, Could Face Jail Time, in Lord & Taylor Accident, Westfield.Patch.com, August 19, 2009

Accidents happen, that's a fact of life. But fatal automobile accidents involving alcohol or drugs is another matter altogether. Last weekend, a 37-year-old man allegedly driving drunk hit a New Jersey family traveling on State Highway Route 9 near the intersection of Bennett's Crossing in Cape May County, killing a husband and father of three.

As a New Jersey DWI defense attorney, I have represented individuals caught up in similar accidents. Fatal auto accidents involving drug or alcohol intoxication receive very close scrutiny by law enforcement authorities. Having a qualified drunk driving defense lawyer working for you is essential in cases like this one. The facts of this particular case are difficult to dispute.

According to police reports, around 8:30 in the evening of September 5, John J. Lawless from Philadelphia was driving in the northbound lane of Route 9 approaching Bennett's Crossing in Lower Township, NJ. News accounts said that his car apparently failed to follow the slight curve in the road. Entering the southbound lane, Lawless struck, almost head-on, an oncoming vehicle driven by 50-year-old Fredrick H. Shelton.

Shelton's car, which was also carrying his wife and their 13-year-old daughter, was struck in the front driver's side, near the front tire. The force of the impact caused Shelton's car to spin partially into the Bennett's Crossing intersection where the vehicle came to rest facing north in the southbound lane of travel. Meanwhile, Lawless' vehicle continued past the intersection and came to rest facing westbound straddling the northbound and southbound lanes.

Paramedics arriving on the scene attempted to revive Shelton using CPR, however they were unsuccessful and the man was pronounced dead not long after. The man's wife, Sheri Shelton, was transported by the Lower Township Rescue Squad to the Atlantic City Regional Trauma Center where she was listed in critical condition following emergency surgery.

The Shelton's 13-year-old daughter was initially transported by the Lower Township Rescue Squad to Cape Regional Medical Center where she was stabilized then air lifted to Cooper Hospital in Camden New Jersey.

According to reports, the suspect had a strong odor of alcoholic beverage on his breath. He was transported to Atlantic City Regional Trauma Center and admitted to the hospital for injuries sustained in the accident. Lower Township Police Officers proceeded to Atlantic City Regional Trauma Center and retrieved blood samples from Lawless as part of the investigation.

According to new reports, Lawless' Pennsylvania driver's license has been suspended since 2001 and he had multiple arrests for driving while intoxicated in that state. Police have charged Lawless with one count of death by auto and two counts of assault with a motor vehicle. In addition, he has been charged with DWI, operating a motor vehicle with a suspended drivers license, reckless driving, and failure to maintain a single lane.

Man charged with DUI, vehicular homicide, ABCLocal.com, September 14, 2009

If you don't think a drunk driving arrest can affect your livelihood or way of life, just take a look around. There are many people whose lives have been turned upside down due to a DWI or DUI conviction. As a New Jersey DWI defense attorney, the lawyers in my firm have a great deal of experience defending hard-working people all across the Garden State. Consider the case of a grade school teacher who lost her job as a result of an accident she allegedly caused while driving under the influence of alcohol.

According to news reports, Alicia M. Pickul, a resident of Hammonton, NJ, was arrested by police in mid-July following an accident in Dennis Township. Police reports indicate that the 27-year-old elementary school teacher was driving her Honda Accord westbound on Sea Isle Boulevard when she allegedly hit an Isuzu Rodeo from behind. The Isuzu, driven by Alexa Zauck, was traveling in the same direction as Pickul's Honda.

Following the impact, the Rodeo crossed into the eastbound lane, overturned and rolled into an adjacent wooded area. Zauck and her passenger, Tracey Ruffino, were both trapped inside their vehicle until emergency crews from the Ocean View and Dennis Fire Departments arrived at the scene.

Zauck reportedly was transported to Cape Regional Medical Center by Sea Isle Ambulance Corps for minor injuries. Ruffino was airlifted to Cooper University Trauma Center in Camden by South Star medevac where she treated for serious injuries.

According to the police, Pickul's blood alcohol content at the time of the accident was 0.21 percent. She was charged with driving while intoxicated and assault by automobile. Although the accident was still under investigation and Pickul has not yet had her say in court, published reports show that administrators at the Folsom Elementary School where she taught first grade fired Pickul as of July 28.

Drunk Driving Arrest Cost 1st Grade Teacher Her Job, CapeMayCountyHerald.com, August 27, 2009

As a New Jersey DWI defense lawyer, my firm has defended many people accused of being drunk at the time of an accident. When injuries or fatalities are involved, the local police take a dim view of anyone with the mere appearance of intoxication, much less full blown drunkenness. A recent news story about a Hudson County resident illustrates how serious a drunk driving charge can be when coupled with injured victims. To make things worse for this New Jersey man, he was out of state when the incident occurred.

According to news stories, 43-year-old Ediberto Viana of North Bergen Township, NJ, lost control of his sport utility vehicle in Manhattan and drove onto the sidewalk bordering Bergenline Avenue and 57th Street on July 19. The vehicle hit a total of seven pedestrians, one of which was pinned under the vehicle until emergency crews could remove the injured from the scene.

Those hurt in the accident ranged in age from 13 to 65 years old. The most seriously injured person, a 44-year-old man, was taken to Jersey City Medical Center with compound fractures of the leg, officials said. The other victims reportedly included two sisters (13 and 15 years old), a 16-year-old girl, a 63-year-old man and a 65-year-old man and another victim of unknown age.

Police arriving at the scene determined that Viana was intoxicated at the time. According to reports, the man's blood alcohol content (BAC) was measured at 0.22 percent, nearly three times the legal limit (0.08) in New Jersey and other states. Because of this, Viana was charged with DWI, as well as seven counts of assault by auto. Because of the extent of the injuries caused by Viana, the court set bail at $150,000, cash only, at the request fo the prosecutor's office. Charges could be upgraded depending on how the critically-injured victim fares in the hospital.

Continue reading "Police Say New Jersey Man was Drunk when He Hit Seven Pedestrians in Big Apple" »