Recently in Atlantic County DWI Defense Category

November 23, 2011

Monmouth County DWI Update: Thanksgiving Holiday Sees Rise in Drunken Driving Arrests for New Jersey Motorists

While the warm weather months are definitely behind us, New Jersey State Police and local law enforcement agencies note that parties and friendly get-togethers during the holidays also bring out the drinker in many drivers. As nearly anyone who drives in the Garden State understands, drunken driving enforcement never really lets up, especially during the peak holiday season.

As DWI defense lawyers serving residents of Bergen, Middlesex, Atlantic and other counties across the state, we are well versed in the tactics and strategies used by state and municipal police officers to secure the arrest of suspected drunk drivers. In fact, anyone who knowingly operates a motor vehicle while under the influence of alcohol or, for that matter, prescription medication, should realize that the odds of being arrested for DWI or drug DUI can be quite high.

If a police officer witnesses a traffic violation, he or she will usually make a routine traffic stop based on that initial offense, minor as it may seem to the average driver. Once stopped, a motorist will be closely observed for signs of impairment, usually due to consumption of beer, wine or hard liquor. If the patrolman has a reasonable suspicion that the driver of a car, truck or motorcycle is inebriated an arrest is more or less forthcoming.

Continue reading "Monmouth County DWI Update: Thanksgiving Holiday Sees Rise in Drunken Driving Arrests for New Jersey Motorists" »

September 6, 2011

New Jersey DWI Update: Garden State Counties Join in NJ Law Enforcement Drunk Driving Crackdown

For many New Jersey residents, rather than enjoy this past Labor Day weekend they likely spent most of their time cleaning up from the effects of tropical storm Irene. Still, in areas less affected, surely some Garden State drivers saw some increased drunken driving enforcement activities by state and local police. As part of the national "Over the Limit, Under Arrest" campaign, it's a fair bet that dozens of motorists had encounters with law enforcement officers during what has become an annual anti-DWI effort.

Of course, it's hardly a good idea to operate a motor vehicle while under the influence of beer, wine or hard liquor, as well as illicit drugs such as marijuana and cocaine. But during the last two weeks, drivers who did take their chances by drinking and driving may have met with a DWI or drug DUI arrest or summons to appear in court.

This effort took place in nearly every county across New Jersey, including Bergen, Hudson, Union, Monmouth and Ocean, just to name a few. As a drunken driving defense lawyer and former municipal prosecutor myself, I understand how some individuals can be pickup up for driving while intoxicated, though perhaps be unaware that they were legally impaired at the time of their arrest.

Whether stopped by a rolling DWI patrol for an apparent minor traffic offense, or being waved into a sobriety checkpoint (also known as a DWI roadblock) for observation by a police officer looking for drunken drivers, the resulting charges of drunken driving or impairment due to prescription medication or an illegal drug (also known as a controlled dangerous substance or CDS) can be costly in terms of fines and penalties, as well as the impact on an individual's personal and business relationships or standing in the community.

Continue reading "New Jersey DWI Update: Garden State Counties Join in NJ Law Enforcement Drunk Driving Crackdown" »

July 16, 2011

New Jersey DWI-DUI Update: Law Enforcement Agencies Step Up Anti-BUI Drunken Boating Patrols

As New Jersey drunken driving defense attorneys we won't argue that mixing alcohol with boating can lead to disaster, but at the same time it is certain that many people who are arrested for drunken boating (boat DUI or "BUI") may have been falsely charged. Of course, if this is the situation then a person must take their case to court. Why? Because BUI has the same implications and potential penalties as driving a motor vehicle while intoxicated.

Drunken boating offenses, like that of drunk driving, are enforced by state and local police agencies. During enhanced BUI enforcement periods, anti-drunk-boating patrols can be manned by a combination of local police, New Jersey State Police and the United States Coast Guard (USCG). Just like the campaign that recently concluded, named "Operation Dry Water," the USCG and New Jersey State Police teamed up to seek out boat operators whose blood-alcohol content (BAC) levels exceeded the national legal limit of 0.08 percent.

As many people already know, 0.08 percent is the identical value that can put a four-wheeled motorist on a course for a DWI conviction. In fact, according recent stats from the USCG, BUI is the main causal factor when it comes to fatal boating accidents -- based on those figures, say news articles on the subject, 17 percent of private watercraft deaths can be traced directly back to some kind of alcohol consumption or drug use prior to the fatal accident.

Continue reading "New Jersey DWI-DUI Update: Law Enforcement Agencies Step Up Anti-BUI Drunken Boating Patrols" »

June 16, 2011

New Jersey Drunk Driving News: State Police Institute Tighter Standards Regarding Troopers Arrested for DWI

In the wake of controversy revolving around State Police Trooper Sheila McKaig's alleged drinking and driving incidents over the years, the New Jersey State Police have implemented new standards aimed at curbing potential abuses of power that some have said police officers occasionally commit when they are stopped for offenses such as DWI.

In McKaig's case, numerous news reports indicate that she was never ticketed even though the officer was stopped multiple times for driving while intoxicated over the course of three months back in 2008. In this particular situation, the judge in the case did not recommend firing the trooper outright on the grounds that that McKaig did seek counseling and has been considered a model for other police officers.

Back to the NJ State Police and its newly instituted policies for officers caught driving under the influence, according to reports, the agency has reportedly launched a review of the use by troopers of so-called "undercover identification cards." Along with this, orders from up the chain of command within the State Police reportedly increase the accountability on the part of higher-ranked officers and requires more careful review of traffic stops (including car accidents) that may have been related to alcohol consumption.

As a New Jersey drunken driving defense lawyer, I and my staff, understand that the police have a tough job of maintaining the peace and bringing alleged perpetrators to justice. However, when the rules cease to apply to the vary people entrusted with the public's safety this is when our tolerance as individuals and a society begins to be tested.

According to news reports, policy changes at the State Police will place responsibility squarely on the shoulders of regional commanders when a trooper is suspected of operating a motor vehicle under the influence of alcohol. In fact, based on information provided by local news sources, higher-ranking officers may even be required to respond themselves to the scene of a possibly alcohol-related traffic incident involving another law enforcement officer.

Continue reading "New Jersey Drunk Driving News: State Police Institute Tighter Standards Regarding Troopers Arrested for DWI" »

June 5, 2011

New Jersey State Trooper Faces Suspension for Multiple Drunken Driving Stops in Atlantic County

As a New Jersey DWI defense attorney and former municipal prosecutor, I fully support the efforts of our law enforcement community in maintaining public safety. Everyday, uniformed men and women throughout the Garden State put themselves in harm's way to help keep our cities, towns and villages pleasant and safe places to live and work. However, what I cannot abide is the apparent double standard that some police officers maintain when conducting their own affairs.

It is a sad commentary when a civil servant appointed by the people cannot live up to the same standards that they themselves are sworn to uphold. This applies not only to gross instances of criminality, but also to lesser infractions for which any other member of our society can be held accountable. As a drunken driving defense attorney, my focus is on helping those individuals who have been accused of driving while intoxicated, or otherwise impaired by alcohol, prescription medication (drug DUI), or even illicit drugs, such as marijuana.

Not long ago, a New Jersey State Police officer was recommended for suspension due to repeated drunken driving stops in the township of Hamilton. According to news reports, an administrative law judge recommended a 7-month suspension for Trooper Sheila McKaig in regard to the officer's multiple drunken driving stops over a period of just three months back in 2008, and even earlier. Even though each of those traffic stops allegedly suggested suspected drinking on McKaig's part, she was never subjected to blood-alcohol content (BAC) testing, nor was she charged with any violations.

In fact, it appears that in many of the instances she was driven to the township police headquarters so that she could be picked up by another officer and taken home. Because of her record as a "model trooper" the judge did not recommend her being fired from the force. According to news reports, in the wake of the controversy, McKaig reportedly sought counseling as well.

The facts of the matter include 10 individual instances where McKaig was stopped for DWI between March 2007 and April 2008. At the time of the news report, she remained on active duty patrolling the Atlantic City Expressway.


Suspension recommended for state trooper who was never ticketed despite repeated DWI stops in Hamilton Township, PressofAtlanticCity.com, April 22, 2011


April 28, 2011

Monmouth County DWI Defense: Things to Consider Following a Drunk Driving Arrest in New Jersey

Whether you live or work in Ocean, Sussex, Bergen or Union County, it's likely that nobody expects to be pulled over by police and arrested on charges of driving under the influence of alcohol. Here in Monmouth County, as in the rest of the Garden State, I and my staff of experienced DWI defense attorneys fully understand the anxiety and trepidation that follows a drunken driving or drug DUI police stop.

For first-time drunk driving arrestees, and even those picked up for driving under the influence of prescription medication or illicit drugs such as marijuana, the experience can be a shock. But more than that, not taking action and leaving one's fate in the hands of the court is something that no one should allow to happen, if they can help it.

Of course, second and third-time offenders have a different set of circumstances to deal with, but in general, we always recommend that motorists consult with a qualified DWI lawyer. The reason is simple: being cited for impaired driving -- whether allegedly due consumption of beer, wine or hard liquor; prescription pain medication or a controlled dangerous substance (CDS) -- is nothing to be taken lightly.

Careers, marriages, and reputations have been ruined by drunken driving and DUI convictions. Of course, being arrested for driving while intoxicated can happen night or day. It usually, but not always, happens with a seemingly routine police stop for a supposedly minor traffic infraction -- something as insignificant as a faulty taillamp. Other times it can come at the location of a drunk driving roadblock (also known as a sobriety checkpoint).

Regardless of the circumstances, once charged with a DWI one should as a matter of course contact a DWI-DUI defense attorney. My office has handled enough DWI cases and spoken with so many people charged with DWI or DUI that we know it's not a wise idea to represent yourself in front of the court. Not only can the process of fighting a DWI arrest be confusing to the first-time defendant, there is no way that a layperson can come fully prepared to face the court - at least, not like one can with a qualified DWI defense lawyer at one's side.

Continue reading "Monmouth County DWI Defense: Things to Consider Following a Drunk Driving Arrest in New Jersey" »

April 12, 2011

NJ Drunken Driving Arrest? Here's Why You Might Need a New Jersey DWI Defense Lawyer

Have you or a family member been arrested for drunk driving here in Monmouth County, or anywhere else in the Garden State? Whether you live in Union, Atlantic or Morris County, you may be asking yourself, "Why should I even consider hiring a drunk driving defense attorney? And, is it really worth it now that I've been charged with DWI?"

Maybe you were stopped for a minor traffic infraction and the officer ended up arresting you for driving while intoxicated. Perhaps you received a summons at a local drunk driving roadblock after having performed a number of field sobriety tests. Or maybe you got a ticket for being intoxicated while sitting in your parked car.

Whatever the situation, you should ask yourself some important questions. For instance, were you actually drunk? Maybe yes, maybe no. Was being charged with drunken driving actually warranted under the circumstances? Perhaps yes, or then again, maybe not. As with most other aspects of the law, not all drunken driving cases are completely open and shut.

As New Jersey DWI defense attorneys, I and my colleagues have counseled numerous clients who felt that they were unjustly accused. Although some may have broken the law, these individuals also understood the consequences and potential penalties associated with a DWI conviction. Wanting to improve the outcome of one's DWI case is not so unusual.

We don't worry so much about the people who seek us out, but we do share a concern for those motorists who choose not to speak with a qualified drunken driving defense lawyer. Some individuals believe that they deserved to be pulled over, or because the police have "positive" proof -- via a breathalyzer or Alcotest machine -- that it would be senseless to try and fight the charges. But this kind of thinking is just wrong. Everyone who is accused of breaking the law deserves to have their case heard in a court of law.

One of the main things that causes individuals to believe the state has solid evidence against them is embodied in the blood-alcohol content (BAC) breath or blood test results. But even with this kind of evidence in the hands of a prosecuting attorney, you need to be aware that "blowing" more than 0.08 percent BAC does not automatically mean you will be convicted for DWI. Never assume that because the breathalyzer registered a high BAC that you're out of luck.

Continue reading "NJ Drunken Driving Arrest? Here's Why You Might Need a New Jersey DWI Defense Lawyer" »

March 13, 2011

New Jersey DWI Defense Update: Atlantic County Judge Rules Drunken Driving Breath Test Unreliable

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 "New Jersey DWI Defense Update: Atlantic County Judge Rules Drunken Driving Breath Test Unreliable" »

December 26, 2010

Multiple Convictions for Drunk Driving Can Make a New Jersey Driver's Life More Difficult

As Bergen, Ocean and Monmouth County attorneys who represent motorists accused of driving under the influence (DUI) of alcohol or prescription drugs, we can heartily say that there are potentially harsh consequences for individuals convicted of multiple times for drunken driving or operating a motor vehicle while under the influence of prescription medicine or even illegal substances, such as marijuana and cocaine.

There is a strong argument for mounting a compelling defense for first-time DWI and DUI charges, if only because subsequent arrests and convictions present an even more costly and potentially life-altering consequences. Even so, second- and third-time offenders may still ask themselves the question, "Why do I need a drunk driving lawyer?"

When it comes to multiple convictions for driving while intoxicated, the impact on one's lifestyle and relationships may be greatly affected. It's no secret that second, third and subsequent DWI convictions can result in far more serious consequences than that of one's first-time offense.

For one, timing may actually be an asset to the repeat offender. If an individual's first DWI charge had yet to be resolved when he or she was stopped a second time by police, a judge may be willing to allow possible multiple sentences (including periods of license suspension) to run concurrently, rather than consecutively.

If the court is considering an out-of-state DWI charge as the basis for a driver's second offense in New Jersey, it is important to understand that A DWI, DUI, OUI or OWI from another state may not automatically raise a driver's current New Jersey drunk driving offense to the level of a multiple DWIs. It has been know that an attorney may argue that any discrepancies between New Jersey law and the other state, which may mean that a person could still be sentenced as a first-time offender in New Jersey and receive the corresponding first-time DWI penalties for that initial New Jersey arrest.

One thing to keep in mind is whether or not prior conviction was for an actual DWI or if it was for refusal to submit to a breathalyzer test. Under New Jersey law, if a driver has been charged with refusal and then subsequently receive charges for a DWI, the court must classify that individual as a first-time offender, with corresponding first offender penalties.

However, if a motorist has had a previous drunken driving conviction and she is then subsequently charged with refusal to submit to breath test, then that person can be categorized under the law as a second-time offender. This can significantly affect the penalties that the court may levy against that defendant, which can then greatly affect driver's license suspension and other penalties and fines.

These are just a few of the potentially serious effects of a second, third or subsequent DWI arrest and or conviction awaiting drivers unlucky enough to be caught operating a motor vehicle under the influence of alcohol multiple times in New Jersey.

December 12, 2010

NJ Drunk Driving News: Intoxicated Drivers Warned that New Jersey Plans Holiday DWI Crackdown

In-state and out-of-state drunken drivers take note, the State of New Jersey will have an increased police presence on public roads throughout the Garden State as the holidays approach. According to news articles, local and state law enforcement departments in Bergen, Passaic and Ocean County, as well as the rest of the state, will be on the lookout for drivers operating their vehicles while intoxicated.

As New Jersey drunk driving defense attorneys, I and my legal staff represent individuals accused of DWI, prescription drug DUI and breath test refusal on a daily basis. We even council drivers charged with cocaine, marijuana and other controlled dangerous substance (CDS) possession. This latest enforcement program, aptly named "Over the Limit, Under Arrest," will bring additional officers to bear on the motoring public during the upcoming holidays.

Aiming to reduce the amount of drunk drivers on the road, the campaign calls for saturation patrols and sobriety checkpoints (also known as DWI roadblocks) from December 13 through January 2, 2011, according to officials at New Jersey's Division of Highway Traffic Safety. The program reportedly will provide federal grant money of up to $5,000 to each of 115 police departments.

The goal is simple. According to news article, it is hoped that the campaign will ensure that drivers and passengers alike have a safe holiday by catching and arresting intoxicated motorists. These so-called concentrated efforts are designed to heighten awareness about the dangers of DWIs and DUIs, the consequences of which can have huge penalties for those convicted of driving under the influence of alcohol, prescription medication or illegal drugs.

Police departments all around New Jersey are the first to say that the frequency of drunk driving increases as the Christmas and New Year holidays approach, which usually coincides with the increased incidence of DWI-related traffic accidents. As a result of the enhanced patrols, New Jersey motorists can expect to see more drunken driving arrests now until the New Year.


New Jersey plans holiday crackdown on drunken driving, www.Philly.com, December 11, 2010

November 8, 2010

New Jersey DWI News: Atlantic County, NJ, Republican Candidate Arrested for Driving While Intoxicated

I've said it here before, but it always bears repeating; being caught for drunk driving here in New Jersey can affect your family, your standing in the community and even your career. In fact, even a first DWI or drug DUI offense can put a serious dent in your future, whether you are a teenager or a seasoned citizen. While the circumstances may vary, most people find that being accused of drunken driving can be just the beginning of a long, tough road.

As Atlantic County drunk driving defense lawyers, my legal team meets with a wide range of clients who have been charged or otherwise accused of driving while intoxicated. Serving motorists throughout the Garden State as a New Jersey DWI-DUI defense attorney, I understand the seriousness of being convicted of impaired driving, not only in terms of fines and penalties, but also in terms of the stigma attached to such a guilty verdict.

Just last month, the chairman of the Atlantic County Board of Freeholders, Jim Curcio, was arrested for drunken driving. Curcio, who was also the Republican candidate for county surrogate, was stopped by police in the early morning hours of a Sunday. According to reports, Police apparently observed the 50-year-old operating his vehicle without his headlamps on at 2am in the morning along Route 322.

Traveling westbound near Hamilton Mall, police stopped Curcio's vehicle. Police apparently observed that he was intoxicated and subsequently arrested him for being under the influence. According to police reports, Curcio refused to take a breathalyzer test police needed to determine his blood-alcohol content (BAC). In addition to refusal charges, he was also accused of reckless and careless driving, failure to maintain his lane, failure use his headlamps, and driving without a license.


Atlantic County freeholder chairman charged with DUI, TheDailyJournal.com, October 5, 2010

August 27, 2010

New Jersey DWI Alert: Drunk Driving Enforcement Increases around NJ for Labor Day Holiday

With the coming holiday weekend police agencies around the Garden State will be on a heightened alert for partiers and other people driving while intoxicated between picnics and family gatherings. Regardless of the bad economy, drunken driving arrests and summonses are certain to increase in the next couple weeks.

As a New Jersey DWI defense attorney and drunk driver lawyer, my job is to help motorists who have been arrested by state police, municipal patrolmen and other law enforcement personnel for DWI and drug DUI traffic offenses. Many of these arrests occur at so-called sobriety checkpoints, which are frequently set up throughout the New Jersey area.

As part of the upcoming drunk driving enforcement campaign, known as "Over the Limit, Under Arrest," police units have taken to the streets in an effort to cut the instances of driving while under the influence of alcohol or prescription drugs.

According to news reports, law enforcement agencies are already conducting patrols and operating DWI roadblocks until September 6. Police officers in will be cracking down on drunk drivers as part of this summer's campaign. The state and local effort is designed to raise awareness about the dangers of drinking and driving through high-visibility police patrols and public education.

The New Jersey Division of Highway Traffic Safety typically provides grants to local law enforcement agencies throughout the state to run these programs. As one report mentioned, the state's traffic safety division said that last year New Jersey saw 185 fatal DWI-related car crashes -- according to reports, that number represents nearly a third of the almost 600 fatal accidents statewide in 2009. Authorities reported that nearly 70 of those alcohol-related deaths happened during the summer.


Over the Limit, Under Arrest, NorthJersey.com, August 26, 2010

June 23, 2010

New Jersey DWI Update: Drunk Driving Enforcement Extends to Boaters on Jersey Coastline, Inland Waterways

When it comes to driving under the influence of alcohol on New Jersey's public roads, "tolerance" is by no means a word found in the vocabulary of the state's law enforcement community. Similarly the state has no patience for drinking and piloting a boat along the Garden State's coastline, its lakes or rivers and estuaries. DWI on the high seas, so to speak is just as serious an offense as here on land.

What's surprising is that boat owners don't always consider that the same standards which govern drinking and driving on public roads also apply to the operation of watercraft. Boaters must observe the same drunken driving laws as car, motorcycle and truck owners. Because of this, individuals who violate the DWI laws while boating are also subject to arrest for driving while intoxicated. And also included with this are those related offenses, such as prescription drug DUI and breath test refusal when the operator of a boat has a blood-alcohol concentration (BAC) in excess of 0.08 percent.

New Jersey's statutes governing operation of a boat while under the influence of alcohol or drugs are nearly identical to those that pertain to DWI with a motor vehicle. The penalties are also closely related. The implied consent laws that oblige a licensed driver to submit to a breath or blood test following a drunk driving stop also applies to the operator of a watercraft in New Jersey.

On the flip side, because the statutes are nearly identical between motor vehicle and boat operators, the approach to DWI defense is also quite similar. This fact means that a qualified and experienced drunk driving attorney can usually handle boating-related DWI cases with similar results -- certainly something to consider with the Fourth of July holiday just around the corner and summer coming into full swing.

May 14, 2010

DWI News: New Jersey State Police Trooper Gets Multiple Passes for Driving Under the Influence

Being arrested, much less convicted, of drunken driving can adversely impact an individual's personal and work life. In fact, careers have been ended by DWI convictions. This just one of many pitfalls as a result of being arrested for DWI or drug DUI here in the Garden State. As a New Jersey drunk driving defense lawyer, I know what happens to motorists arrested and charged with driving while under the influence of alcohol.

Having worked as a municipal prosecutor in years past, I am particularly sensitive when I read that a law enforcement officer has apparently taken advantage of their position to avoid punishment for an alleged crime. It's a sad fact that many times police officers who enforce drunken driving laws will themselves get a "pass" from other officers if stopped for driving while intoxicated.

According to a recent news article, State Police Trooper Sheila McKaig was reportedly stopped 10 times for various offenses including DWI over a period of 14 months, yet she never received a citation in New Jersey for any of those incidents. The most recent one occurred in Atlantic City in 2008 when McKaig was let go after she was pulled over by another officer on suspicion of DWI.

Based on news reports, Police officer Ronald Gorneau spotted McKaig's Toyota swerving and pulled it over. According to the police incident report, McKaig admitted she drank "a lot" before getting behind the wheel. However, after being taken to the Hamilton Township police station in Mays Landing, when was released without charges and taken home by fellow troopers.

New articles indicate that this latest incident was not out of the ordinary. McKaig's Atlantic City stop was the third time in three months during early 2008 that McKaig was stopped while off duty by Hamilton police. Because of so-called professional courtesy, in each of those instances no blood-alcohol content (BAC) test was administered to McKaig, no charges were filed and no tickets were written.

Professional courtesy is attributed to instances where police officers give fellow cops a pass that they would not normally give to the average motorist. The irony is that during this same time that officer McKaig has been given multiple passes after DWI stops, the state of New Jersey and local law enforcement agencies have had a sustained crackdown on drunken driving.

According to news reports, state police officials have stated that the 41-year-old McKaig is a highly respected and decorated trooper who has earned her spot patrolling the Atlantic City Expressway by staying sober the past two years. Although she caught a break from Hamilton police, they said, she used the opportunity to turn her life around. All that can be said here is that very few ordinary New Jersey drivers would have been so lucky as officer McKaig.


Special treatment for trooper in DWI stops, TheDailyJournal.com, April 26, 2010


May 12, 2010

NJ DWI News: Will New Law Increase Police Focus on Young Drivers, Drunk or Otherwise?

A recently passed law requires drivers under the age of 21 to place a red sticker on their vehicle's license plates. While the intent of the law appears to be a good-hearted attempt at traffic safety, as a New Jersey DWI defense attorney I tend to side with those claiming the $4 sticker will only invite unwarranted scrutiny and potential discrimination against a segment of the driving public.

When it comes to drunk driving enforcement, New Jersey State Police and municipal police officers are always on the lookout for motorists who may be operating their vehicles while impaired due to alcohol, prescription drugs or controlled dangerous substances (CDS). Young drivers who exhibit traffic behavior suggesting inebriation could quite possibly by singled out due to that red mark on their license plate.

According to an editorial, the new law that took effect on May 1 will must likely lead to discrimination against young drivers which probably wouldn't happen without a red dot. According to the author, New Jersey is one of the top ten safest states for teenage drivers. Referring to the 2001 law that established a curfew for teenagers and significantly decreased the teen driver accident rates, the editorial asks if there is any good reason to put another law into effect.

The law calls for $100 fine for any young driver who does not have the sticker on their plates. A percentage of students across the Garden State may feel that police will be prejudiced when deciding whom to pull over. While teenage driver accident rates due to distracted driving, alcohol use, speeding and other causes may be reduced somewhat, the law is likely to cause a lot of controversy.

Part of the uproar comes from those who point out that 18-year-olds are considered legal adults, so the law tends to separate these individuals from 21 and older adults. By 18, many students are heading off to college, living in dorms or apartments and are essentially functioning on their own. The author asks why this law should affect this small group of legal adults whose just happen to be younger than 21. This would result in subjecting adults to being treated as if they were still teenagers, when all of the while society continues to tell them to just grow up.

There are other concerns, such as making under-21 drivers more distinguishable to pedophiles, sex offenders and rapists who may tend to seek out younger people -- the red-dot sticker would only make it that much easier for criminals to prey on these individuals. The argument is whether or not traffic accident rates go down, will we see an increase in crimes against these younger people, such as rape and sexual assault.

Ultimately, the question is whether or not the effects of the law itself will be worse than the claimed improvements in traffic safety. With the law in effect, only time will tell if New Jersey's lawmakers have made the right decision.


A red dot on cars, HSJ.org, May 4, 2010