New Jersey DWI Lawyer Blog

Causing a traffic accident is bad enough when alcohol or prescription drugs (drug DUI) are involved, but a DWI-related hit-and-run crash is something that no one should wish upon themselves. In the Garden State, police agencies and our courts are definitely not sympathetic to motorists arrested and charged with drinking and driving; never mind the complication of a traffic accident.

While it may seem to be the end of the world if one is involved in a car or truck accident when possibly impaired due to drugs or alcohol, the last thing one should do is leave the scene of any accident for fear of any consequences; they likely will be made worse by fleeing the scene. As New Jersey drunken driving defense attorneys, I and my staff of experienced legal professionals are well-versed in representing individuals accused of driving while intoxicated.

Courts typically consider personal responsibility as a positive trait, but running from one's potential responsibility following a DWI-related car wreck can make for a more difficult defense. Needless to say, in situations such as this a defendant should seriously consider consulting with a qualified DWI-DUI defense lawyer before one walks into a courtroom.

Continue reading "Passaic County DWI News: New Jersey Man Arrested for DUI, Marijuana Possession following Hit-and-Run" »

For those who have been arrested or charged with driving under the influence of either prescription drugs or other, possibly illegal substances (also known as drug DUI), you may wonder if the police and the prosecutor's office have the necessary evidence to secure a guilty verdict in court. Depending on the circumstances, one should always consider consulting a qualified DWI defense attorney; one with experience in representing motorists charged with drunken driving and drug DUI.

As New Jersey drunk driving defense lawyers, I and my colleagues are trained to work with the facts and understand the State's evidence against and individual. Whether one lives or works in Bergen, Monmouth, Ocean or Atlantic County, the law is clear when it comes to charges related to DUIs tied to prescription medication and even illicit drugs like marijuana and cocaine.

Defending a person accused of drug DUI has certain differences from an alcohol-related DWI case. Here in the Garden State, a charge of drug DUI can be levied against a New Jersey motorist who may be suspected of driving while impaired due to a possible controlled dangerous substance (CDS) or doctor-prescribed medication. These include any narcotic, hallucinogenic or habit-forming drug.

Continue reading "New Jersey DWI News: Hudson County Police Arrest Driver on DUI, Illegal Drug Possession Charges" »

While getting a summons for drunken driving should not be taken lightly here in the Garden State, there are worse alcohol-related offenses that one should be concerned about. Being arrested for drunk driving at a typical sobriety checkpoint is one way to be introduced to your local legal system, however if one were to be charged with DWI following an injury accident, this can be a much more serious situation.

As New Jersey DWI defense lawyers, I and my staff of qualified drunken driving defense attorneys have the skills and years of courtroom experience to represent motorists accused of impaired driving. This applies to alcohol-related DWIs as well as drug-related DUIs; for many people, it is not unusual to be arrested for impaired driving while under the influence of doctor-prescribed medications. Less common, but nonetheless valid are arrests that involve illicit drugs (also known as controlled dangerous substances, or CDS), such as cocaine and marijuana.

But all this pales in comparison to one of the most serious charges, that of driving under the influence and causing a fatal collision. While some individuals may debate the relative merits of consulting an experienced DWI attorney for a "simple" drunk driving charge, a DWI coupled with a potential vehicular homicide charge leaves little to ponder about.

Continue reading "Roxbury, NJ, DWI Accident News: Alcohol Blamed in Traffic Death of Mount Arlington Patrolman" »

Fighting a drunken driving charge is serious business and should never be taken lightly. Guilty or innocent, anyone who has been charged with DWI or drug DUI (usually because of alleged impairment due to prescription medication) needs to understand that the financial and social implications of a drunk driving conviction can have long-term effects on an individual and his or her family.

Too many times, a defendant has stepped into a New Jersey courtroom without the aid of an experienced legal professional only to lose his case and be hit with heavy DWI-related fines and penalties. As New Jersey DWI and DUI defense lawyers, I and my staff know the ins and outs of the state's legal system, and drunken driving law in particular. As a former municipal prosecutor myself, I have first-hand experience from the other side of the aisle regarding the methods and tactics of the state's legal representatives.

As a cautionary note coming from one who knows the potential pitfalls of a poorly executed DWI defense, the last thing a defendant wants to have, in addition to an actual DWI arrest, is charges related to a fatal car crash allegedly occurring as a result of being impaired while operating a motor vehicle. Serious consequences can result from a conviction for negligent driving, vehicular assault, or manslaughter by motor vehicle.

According to news reports, an Ocean County, NJ, resident was recently indicted on the charge of vehicular homicide, as well as numerous other charges following a fatal car crash on the Garden State Parkway in Monmouth County last April. Based on police reports, 20-year-old Eric Pereira was allegedly intoxicated while using a cellphone and exceeding the posted speed limit when his vehicle rear-ended a van, which fatally injured a 43-year-old Middletown man.

Based on a joint investigation carried out by the NJ State Police and the Monmouth Co. Prosecutor's Office, the April 2 crash occurred around 11am as Pereira was headed south in the local lanes of the Parkway at what police describe as a "high rate of speed." According to reports, Pereira's vehicle hit the victim's van from behind, causing that vehicle to hit a nearby guardrail, flip over and slide into the Parkway's express lanes.

Continue reading "NJ Drunken Driving News: Ocean County Motorist Charged with DWI in Fatal Garden State Pkwy Crash" »

Having worked as a municipal prosecutor handling hundreds of cases involving the prosecution of Garden State motorists for drunk driving offenses, I know how hard our state and local police officers work to protect the rest of us on public roads and byways. This is by no means an easy job, and I and my staff of experienced New Jersey DWI defense lawyers understand the pressures and dangers that these public servants face on a daily basis.

Of course, that said, there is little excuse for ignorance of the law, especially by the very individuals who are entrusted with the job of upholding those same laws. When a patrolman, judge or other officer of the court flouts the law, it hurts us all. Naturally, as drunk driving defense attorneys, I and my colleagues know that many people are accused of crimes and offenses that they did not commit. It's our job to represent these individuals in order to help them achieve justice.

Driving drunk is a serious offense, and being convicted of intoxicated driving, drug DUI, or other drunken driving charges can result is heavy penalties, not to mention increased automobile insurance premiums. The social stigma of a conviction for driving under the influence of alcohol, prescription medication or illegal drugs, such as marijuana or cocaine, can be life-changing. Just the news of being arrested for DWI can result in severed personal and business relationships.

In short, a DWI is nothing to take lightly and deserves the attention of a qualified DWI-DUI defense attorney. An example of the serious consequences of allegedly driving drunk can be found in the news every week. Whether the incident takes place in Bergen, Ocean, Monmouth or Passaic County, the results can be devastating to one's career and private life.

Continue reading "Camden County DWI News: New Jersey State Trooper Indicted in Drunken Driving Injury Accident" »

According to news reports, witnesses in the fatal DWI traffic accident case against former "Melrose Place" actress Amy Locane stated that the TV star was found allegedly "giggling in a ditch" following the fatal 2010 drunken driving wreck that killed the driver and occupant of a second vehicle in June last year. Witnesses, including the police officer assigned to monitor the former star, stated that the woman was happy and laughing post-crash.

Whether one lives in Somerset County where this accident happened, or Ocean, Middlesex or Bergen counties, as a New Jersey DWI defense lawyer, I can tell you a drunken driving charge is severely complicated when an motor vehicle accident is also involved, much less a fatal traffic wreck. Based on news reports, the judge in the case could be allowed to give their testimony against the defendant.

These witnesses reportedly heard statements made by Locane prior to the woman's arrest on June 27, 2010, after her Chevrolet Tahoe smashed into a second vehicle carrying a man and his wife; 60-year-old Helen Seeman, a resident of Hopewell Township died as a result of the collision. Initially prosecutors challenged the Locane defense team's request to call a police detective and another driver allegedly hit by the defendant prior to the accident, stating that those individuals should not be allowed to testify as witnesses because they were not present at Locane's arrest.

One of those potential witnesses for the defense was the driver of a Honda Odyssey which was allegedly hit by Locane's vehicle earlier that evening. Following the suspect, Maureen Ruckelshaus, apparently had an interaction with Locane earlier that evening before the fatal drunken driving accident that killed Seeman. Defense lawyers believe that Ruckelshaus could provide testimony that might offer the court a window into Locane's state of mind and demeanor on that day.

Continue reading "Former "Melrose Place" Star Locane Tried in 2010 DWI-related Fatality in Montgomery County" »

It appears that many of the stories we find in the news these days involve accused drunken drivers who have become involved in a car or truck accident as a result of their alleged alcohol consumption or use of prescription medication (drug DUI). A smaller percentage of accidents also involve individuals accused of illegal drug use, such as marijuana or cocaine (otherwise known as controlled dangerous substances, or CDS for short).

Regardless of whether a motorist lives or works in Sussex, Monmouth, Ocean or Passaic County, the aftermath of a potential DWI or drug DUI conviction can haunt a person for years following the initial incident. For this very reason it is always a good idea to retain the services of a competent and qualified drunken driving defense lawyer, if only to determine what your options might be following a DWI arrest.

For those picked up by police for drunk driving as a first offense, it may seem too easy to accept the penalties and plead guilty, while under the false impression that only one DWI conviction will not cause too much upheaval in one's life. Or those people who believe this is the best approach to a DWI-DUI arrest or summons, we couldn't disagree more.

To start, accepting a guilty plea for a first-time drunken driving offense may seem to be the easiest way to go -- and believe us, it is for the prosecuting attorney handling the case -- this is not going to make one's life easier. The penalties for a first offense may be slightly less than a second or third DWI offense, but the impact to one's auto insurance rates as well as the potential damage to one's personal and business reputations could be catastrophic.

Continue reading "Bergen County DWI Arrest News: Police Charge Drunken Driver after Motorist Hits Pedestrian at Meadowlands" »

If we've said it once, we've said it a thousand times; a drunk driving defense is only complicated when the DWI arrest is associated with a traffic accident. It makes little difference whether one lives in Bergen, Middlesex, Mercer or Atlantic County, when you throw in an injury or fatality along with a drunken driving accident the job of the DWI defense attorney is made that much more difficult.

Still, despite our suggestions to avoid driving while intoxicated, dozens of motorists every week are arrested here in the Garden State for operating a motor vehicle while impaired by alcohol or prescription medication (drug DUI); some of the individuals also become involved in what can only be termed DWI-related traffic accidents; some of which are fatal crashes, while others may entail only minor injuries.

Of course, as stated previously, killing another individual while allegedly under the influence of beer, wine or hard liquor is not a situation anyone wishes to be in. But it does happen, and with greater frequency than many people might guess. Not long ago, a Brick Twp. employee was charged with driving while intoxicated when he allegedly caused a traffic accident that left a teenager dead.

Based on news reports, 53-year-old Patrick Doyle of Ocean County was reportedly headed south along a stretch of Jordan Rd. when he attempted to pass a second vehicle on the two-lane road just after 10pm in the evening. In the process of the maneuver, police reports indicated that Doyle's vehicle entered the northbound lane, at which point the man's car allegedly struck the youngster who was on his skateboard near the shoulder of the roadway.

Continue reading "New Jersey DWI News: Following Fatal Crash, Brick Township PR Official Charged with DWI" »

While most people arrested and charged with driving while under the influence of beer, wine or hard liquor do little more than catch the eye of an observant police officer while operating their vehicle in a possible suspicious manner, other individuals charged with driving while intoxicated occasionally cause an accident. Of those drivers that do hit another vehicle while impaired by alcohol or prescription medication (drug DUI), some regrettably kill one or more people in the process.

As DWI defense attorneys here in New Jersey, we understand how a motorist can be accused of DWI following a routine traffic stop. Those that are convicted can expect relatively stiff fines and other penalties. But as bad as a DWI conviction can be, combining it with a fatal traffic collision is something nobody wants to experience.

Not long ago, a motorist from Lambertville admitted to driving while intoxicated when he caused a traffic accident that killed his passenger and injured two other people. As a result of a plea agreement, 25-year-old Jorge Orellana, a resident of Hunterdon County, NJ, was due to be sentenced to five years in jail in relation to the traffic crash that caused the death of 19-year-old Alonso Bautista in October 2010. Based on court records, Orellana will have to serve at least 85 percent of his sentence before he can even be eligible for parole.

As part of the court proceedings, Orellana reportedly pled guilty on two counts of vehicular assault that caused critical injury to two of his other passengers at the time of the collision. He was reportedly to be sentenced to four years in jail for each of the two assault charges. Those two sentences were expected to run concurrently with the vehicular homicide sentence. Orellana was also expected to lose his driver's license as well.

According to news articles, the deadly accident that resulted in the recent conviction happened in Trenton, NJ, last fall. The defendant had testified that he drank six beers that evening before getting into his vehicle and heading southbound on Rte 29. Not long after, around 1:30am, Orellana reportedly lost control of the near Sullivan Way. Prior to the trail, he had been held on $1 million bail.

As an illegal immigrant from Ecuador, Orellana will face deportation once he has served out his time and is released from prison.

Lambertville man admits driving drunk in Trenton crash that killed his friend, injured two others, NJ.com, April 29, 2011

The last time we mentioned unintended consequences. Well, there are unintended consequences for driving while intoxicated, either by alcohol, prescription meds, or illicit drugs such as marijuana or cocaine... and then the are unintended consequences of those original consequences, so to speak. One consequence that we would prefer not to see any person have to defend himself against is hitting a police vehicle while allegedly driving under the influence of alcohol.

As New Jersey DWI defense lawyers representing individuals from counties such as Monmouth, Ocean, Burlington and Passaic, we can say without much trepidation is don't even think of assaulting a law enforcement officer with a vehicle, drunk or not. This is a serious offense that can complicate a drunken driving defense without a doubt.

Not surprisingly, this type of helpful advice is ignored by more than a few people every year here in the Garden State. Such was the case for an out-of-state driver last month when he crashed his SUV into an Elmwood Park, NJ, police vehicle being used by none other than the department's chief of police.

According to news reports, the accident happened around 2:30am on May 15 as Police Chief Donald Ingrasselino and Lieutenant Frank Thorpe were heading to a DWI sobriety roadblock in Bergen County. Based on police reports, Chief Ingrasselino and Lt. Thorpe were traveling eastbound along Rte 46 toward the drunken driving checkpoint being operated that morning at Midland Avenue when their Dodge Durango was struck.

Continue reading "NJ Drunken Driving Defense News: Motorist Charged with DWI after Hitting Police Chief's Patrol Car" »

When it comes to defending motorists against charges of drinking and driving the subject of unintended consequences comes up from time to time. While no one who takes a drink at a restaurant, bar or family gathering expects to be stopped by the police when driving home, it is a distinct possibility. The same goes for those people who fail to realize the effects of certain prescription medications, which may cause drowsiness or reduced ability to control a motor vehicle on public roads.

As a New Jersey drunk driving attorney, I and my staff of experienced DWI defense lawyers understand how the seemingly minor act of having a drink with friends can precipitate a drunken driving arrest. (And for those who occasionally take a puff of weed or cannabis, these same holds true.) Regardless of whether you live or work in Middlesex, Hudson, Somerset or Union County, be aware that here in the Garden State the police and our courts maintain a dim view of driving while intoxicated, either by alcohol or prescribed medicines (drug DUI).

Touching on the topic of unintended consequences, we can only say a motorist who is involved in a DWI- or DUI-related traffic accident does not do themselves any favors by leaving the scene of the accident. Statistics will surely bear this out, but many hit-and-run drivers are eventually caught by police, which can only compound the original incident. This was apparently the case of a Pennington resident who was recently sentenced to three years in jail for a 2009 accident in Mercer County that put a motorcycle in the hospital with serious injuries.

According to news reports, 24-year-old Craig Brauer accepted a plea arrangement with the Mercer County prosecutor's office. The deal reportedly included a guilty plea to 3rd degree aggravated assault by auto in exchange for a straight 4-year jail sentence. Originally charged with 2nd degree aggravated assault by auto and leaving the scene of an accident, Brauer could have gone away for up to 10 years.

Continue reading "Pennington Motorist Gets 3 Years for Injuring Motorcyclist in DWI-related Hit-and-Run Crash" »

It's never a good idea to leave the scene of a traffic accident, especially when you may have been the cause of the crash. Add to that the possibility of being arrested for drunk driving and the police, much less the court, will have little sympathy for your position. Other circumstances can also make a drunken driving case more involved when compared to other less egregious offenses.

Anytime that a DWI-related traffic accident happens it is always a good idea to seek advice from a qualified legal professional. As a New Jersey drunken driving defense lawyer, I know the law as it applies to DWI and drug DUI charges. Beer, wine, liquor, prescription medication, medication and other controlled dangerous substances can all be the cause of an arrest for driving under the influence. In any case, the potential fines and penalties can be quite onerous for individuals, especially in these difficult economic times.

A drunk driving arrest in Union County, NJ, provides just one example of the kinds of DWI and drug DUI charges that can be lodged against a motorist. In this case, according to a news report, a man was arrested on a Saturday evening after a local police officer stopped the driver of a pickup truck following a report of a hit-and-run accident on West Edgar Road.

Based on police reports, the patrolman pulled over 30-year-old Ronald A. Kuhl as he was traveling east on Rte 278. Kuhl was reportedly driving a 2004 GMC pickup truck and pulling a trailered boat. The vehicle apparently matched the description of a truck that allegedly hit a car driven by a 22-year-old driver from Elizabeth, NJ.

Kuhl, a Sayreville resident, was charged with DWI, reckless driving, two counts of leaving the scene of an accident due to striking a second vehicle and failure to exhibit an insurance card. Prior to being stopped by the patrolman, a passenger in the suspect vehicle allegedly threw a large object out of a window. That item was later recovered and found to be a shot gun. Kuhl and his passengers were also charged with possession of a firearm without a required firearms ID card, as well as unlawful disposition of a firearm. The Kuhl and one of the passengers had bail set at $70,000; while the other passenger's bail was set at $40,000.

Linden Police Blotter, NJToday.net, September 15, 2010

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