Recently in Atlantic County DWI Defense Category

March 10, 2010

NJ DWI News: Avalon Police Participate in Drug DUI and Drunk Driving Enforcement Campaign

For drivers traveling in Cape May and surrounding New Jersey counties, news reports indicate that the Avalon Police Department and other law enforcement agencies are taking part in a DUI prevention campaign until March 17, St. Patrick's Day. Known worldwide as a day of celebration, Saint Paddy's Day can be a busy time for local police and state law enforcement agencies focused on arresting drivers found driving drunk, as well as violating other DUI and DWI laws.

As a New Jersey drunk driving defense lawyer, I have seen the effects of these enhanced enforcement campaigns. Many motorists are picked up on the road or at sobriety checkpoints, also known as DWI roadblocks. The penalties for drunk driving or drug DUI convictions can be very stiff and can also include jail time for repeat offenders. It's always a good idea to seek professional legal advice if you or someone you know is arrested or receives a summons for driving while intoxicated.

According to reports, the Avalon Police Department is currently participating in an impaired driving prevention operation until the 17th. It's no coincidence that this campaign coincides with St. Patrick's Day, which police know involves the consumption of alcoholic beverages by many motorists.

In order to help make the holiday safe for the driving public, the National Highway Traffic Safety Administration (NHTSA) has reportedly developed a safety program for local police agencies to put into effect during the month of March. This effort is based, according to the NHTSA, on statistics that show alcohol plays a major role in accident-related fatalities on St. Patrick's Day.

In 2008, 37 percent of motorists and motorcycle riders who were involved in fatal traffic wrecks on St. Patrick's Day had a blood-alcohol content (BAC) of 0.08 percent or more (0.08 is the legal threshold for being drunk in New Jersey, as well as other states around the country). According to reports, there were 134 fatal accidents on St. Patrick's Day in 2008, 50 of which involved at least one motor vehicle operator who was legally legally drunk at the time.

Police recommend the following steps to having a safe St. Patrick's Day:

  • Plan a safe way home before the festivities begin
  • Before drinking, choose a designated sober driver
  • Leave your car keys at home
  • If you believe you are impaired away from home, call a sober friend or family member to get a safe ride home
  • If you know someone who is about to drive or ride while impaired, take their keys and help them make other arrangements to get to their destination safely

Avalon Police Will Take Part in DUI Prevention Campaign, CapeMayCountyHerald.com, March 03, 2010

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February 10, 2010

Atlantic County, NJ, Motorist Arrested for Fleeing Scene of a Drunk Driving-related Traffic Accident

Lower County Police recently reported the arrest of a Mays Landing, NJ, man in connection with an early morning car crash on January 23. Based on news reports, 41-year-old Joseph W. Rothenberger was allegedly intoxicated when he crashed his 2004 Mercedes Benz into a tree. Police investigating the accident presume that Rothenberger left a North Cap May residence and was traveling northbound on Deborah Avenue at a high rate of speed. He reportedly crashed his vehicle in the 200 block of Suzanne Avenue when he apparently lost control and ran off the roadway.

As drunk driving defense lawyers, I and my colleagues have seen this kind of DWI scenario played out again and again all across New Jersey. In this instance, police reports indicate that the supposedly drunken man's vehicle crossed the curb and drive over a sidewalk, eventually ending up in a neighbor's yard and causing substantial damage to the lawn and a chain link fence before hitting a tree.

Police allege that the driver attempted to flee on foot from the scene of the accident. According to reports, Rothenberger was detained by several other neighbors in the area and held until police arrived. The neighbors indicated that a male and female passenger in the back seat of the vehicle also fled the scene of the accident and apparently ran back to the residence on Deborah Avenue.

As a result fo the accident, Rothenberger received abrasions to his face, but refused to be transported to the hospital by emergency responders. Reports indicate that the man was uncooperative and belligerent with officers at the scene and when told he was being placed under arrest for driving while intoxicated, he attempted to physically resist his arrest.

Rothenberger was taken to the Lower Township Police Department where he was processed and charged with DWI, resisting arrest, refusal to submit to a breath test, reckless driving, leaving the scene of an accident and failure to report an accident.


Hamilton man arrested following Cape DWI crash, ShoreNewsToday.com, January 27, 2010


Man Arrested for Leaving Scene of Accident, DWI in Lower, CapeMayCountyHerald.com, January 25, 2010

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January 28, 2010

New Jersey DWI Defense Update: Law Now Requires Breathalyzer Ignition Interlock for First-time DWI Convictions

New Jersey has added another weapon to its arsenal of drunk driving laws, making even first-time DWI convictions more onerous for those caught driving while intoxicated. As a New Jersey drunk driving defense attorney and motorist myself, I've seen the aftermath of accidents caused by impaired drivers. At the same time, I also understand how even a single DWI or drug DUI conviction can haunt a person for many years to come.

The latest law coming out of Trenton last week now makes it mandatory that anyone convicted of a drinking and driving offense must have their vehicle fitted with a breathalyzer ignition interlock device. Not only does the stigma of a DWI conviction cost an individual in court fines and increased insurance premiums, now there is the added embarrassment and inconvenience of starting one's vehicle. All of which makes it imperative to seek the services of a DWI defense lawyer.

According to reports, legislation has now been passed and signed into law by acting Governor Sweeney to add mandatory ignition interlocks for all drunk driving offenses in New Jersey. Known as "Ricci's Law" in honor of the Egg Harbor Township teen killed by a hit-and-run drunk driver, the bill was signed into law on Thursday, January 14.

The now-mandatory ignition interlocks incorporate a breathalyzer-type device that only allows a car to be started is the driver is sober. When attempting to start the vehicle, the driver must first blow into the device. If the interlock registers above a specific blood-alcohol content (BAC) -- usually greater than 0.02 percent to 0.04 percent -- the vehicle is rendered inoperable.

Under the measure, any person convicted of drunk driving will be required to install an ignition interlock device in any motor vehicle principally owned by the offender, though first-time offenders would have to have a BAC of at least 0.15 percent. In such cases, the court will require first-time offenders to install the interlock for a period of six months to one year.

The previous law imposed driver's license suspensions on all persons convicted of drunk driving. That penalty is still in effect.

Under the new law, the interlock device will also be mandatory in all cases and will be required to be in effect during the period of time that the license is suspended. In addition, persons who are convicted of refusing the breath test also will be required to install an ignition interlock device.


Bill Requiring Ignition Breathalyzer For DUI Convictions Now Law, NJToday.com, January 15, 2010

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January 12, 2010

NJ Drunk Driving Defense Update: Financial Impact of a DWI Conviction in New Jersey

Driving while intoxicated, DWI or driving under the influence, whatever term you use it all adds up to lost driving privileges and extensive fines, not to mention possible job loss and being disgraced in the eyes of your family or local community. Here in New Jersey, being convicted of a drunk driving charge can result in a range of possible actions by the court to punish the convicted drunk driver.

As a New Jersey drunk driving defense attorney my firm represents hundreds of individuals every year in cases of driving under the influence of alcohol. A number of these cases involve human as well as social costs. Even under the best of circumstances, the financial cost of a DWI conviction can result in expensive court fines as well as higher insurance rates for years to come.

The stigma alone of a alcohol-related DWI or drug DUI conviction can affect a person's standing in the community, possible loss of a job, or potential damage to relationships with family and friends.

A DWI conviction can be expensive. Fines and penalties for additional drunk driving convictions are large, but even first-time offenders can feel the sting. Below are just a few of the potential monetary costs that can be expected for a variety of drunk driving offenses, according to the State of New Jersey (Remember that jail time or community service may also be included if the court deems it necessary).

A first DWI offense will typically cost a motorist $250 to $400 in fines for a blood-alcohol content (BAC) of 0.08 percent or higher (but less than 0.10 percent). This fine rises to $300-$500 if your BAC is 0.10 percent or higher. Plus, there is an automobile insurance surcharge of $1,000 per year, which will last for three years.

Being convicted for a second DWI offense will get you a $500 to $1,000 fine, plus an automobile insurance surcharge of $1,000 per year for three years.

Conviction for a third DWI offense will result in a $1,000 fine, as well as an auto insurance surcharge of $1,500 per year for three years.

If you refuse to submit to a breath test, be prepared to hand the state between $300 and $500 for your first offense. This fine ranges between $500 and $1,000 for a second offense, and $1,000 for the third. In all instances, the insurance surcharge applies -- this will total $1,000 per year for three years for the first and second offenses; and $1,500 for the third offense. If you are convicted of driving on a suspended license due to a previous DWI your fine will typically be $500.

All of these fines are in addtioin to several other surcharges that the state applies to every DWI conviction:

  • $100 -- Drunk driving enforcement fund
  • $100 -- Motor Vehicle Commission restoration fee
  • $100 -- Intoxicated Driving Program fee
  • $50 -- Violent Crimes Compensation Fund fee
  • $75 -- Safe and Secure Community Program fee
  • $100 -- $50 for the state of New Jersey and $50 for the municipality in which the conviction was obtained
January 3, 2010

New Jersey DWI News: Pending Legislation could Increase Jail Sentences for Fatal DWI Accidents

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" »

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December 23, 2009

Arrested for Drunk Driving in New Jersey? A DWI Conviction is a Multi-step Process

As a New Jersey drunk driving defense lawyer my job is to help motorists accused of DWI or driving under the influence of alcohol. My office also handles drug DUI (driving under the influence of prescription drugs, as well as marijuana and other substances). The road to a drunk driving conviction is now necessarily a long one, but it has many steps. I'll outline the process here to help explain the usual stages of a DWI case.

Arrest
Whether you live in Newark, Atlantic City, Trenton or any of the dozens of cities and towns throughout the state, every DWI charge starts with an arrest. You should know that for a drunk driving traffic stop to be valid it stop must be supported by what the law defines as reasonable suspicion that a motor vehicle violation has been committed.

As per State v. Carpentieri, New Jersey's Supreme Court held that a police officer must have an articulable and reasonable suspicion that a traffic law violation has in fact occurred before he or she may effect a DWI stop. Furthermore, once a motorist is stopped, that law enforcement officer must have probable cause to believe the driver of the vehicle is intoxicated before he or she can make an arrest and conduct a breathalyzer test.

Bear in mind that there is no right to advice from counsel at this early stage and therefore an attorney, in particular, an experienced DWI lawyer, will be of no assistance at this point in time.

Arraignment
The next step following an arrest for DWI, DUI, or breath test refusal in New Jersey is the arraignment. During this step, the defendant receives a Complaint. Once the Complaint is filed, the defendant makes his or her initial appearance at arraignment where the court informs the defendant of the charges. At this same time, the defendant is informed of his rights under the law and then he or she will enter a plea of guilty or not guilty.

If you hire a drunk driving defense lawyer to represent you, the initial appearance can normally be waived. The arraignment can be "adjourned" by the attorney sending a letter of representation to the Court advising it that you are represented, were advised of your rights, and that you are entering a "Not Guilty" plea.

Continue reading "Arrested for Drunk Driving in New Jersey? A DWI Conviction is a Multi-step Process" »

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December 8, 2009

NJ DWI News: Drunk Driving Patrols Increased Across New Jersey through New Years

The coming holiday season is well known for its parties and family gatherings, and despite the poor economy drunk driving arrests are sure to surge during the next few weeks. In response, New Jersey DWI enforcement units are taking to the streets in an effort to reduce the instance of driving while intoxicated. As leading drunk driving defense lawyers, my firm has experience in a wide range of DWI and drug DUI defense. Recent news of the "Over the Limit, Under Arrest" campaign is evidence that drunk driving patrols will be working overtime in the Garden State.

According to news reports, law enforcement agencies across the state are already conducting saturation patrols and operating sobriety checkpoints, also known as sobriety roadblocks, as part of the nationwide drunk driving campaign. Enforcement will continue, say police, through January 3, 2010.

New Jersey's Division of Highway Traffic Safety is funding the local initiative, which began in 1999. According to reports, the division provides $5,000 grants to law enforcement agencies to cover overtime for those officers assigned to DWI patrols or checkpoints.

To illustrate the extent of the effort, 110 Jersey police agencies will receive grants, according to Pam Fischer, the division's director. The campaign will also include the New Jersey State Police.

A police spokesperson indicated that the holiday DWI crackdown will see officers on the street spending about four hours looking for "possible alcohol-impaired drivers" along with their regular patrols. "It's important that we keep everybody safe on the roads, especially near the holidays," said Vineland police Sgt. Vince Solazzo of the city's Traffic Safety Unit.

Police remind the public that last year, 11,773 people across the United States died in crashes involving a drunk driving, this is according to the National Highway Traffic Safety Administration (NHTSA). According to reports, New Jersey saw 165 people killed in alcohol-related crashes in 2008, down from 195 in '07.


Extra drunken-driving patrols coming to South Jersey, CourierPostOnline.com, December 8, 2009

October 9, 2009

NJ Drunk Driving News: "Put the Brakes on Fatalities Day" Could Heighten DWI Enforcement

Drivers across the New Jersey area, including Middlesex, Monmouth, Ocean and Atlantic counties, may see an increase in police presence on the state's highways and surface streets during this coming Saturday, October 10. In a nationwide campaign known as "Put the Brakes on Fatalities Day," law enforcement agencies will be out in force looking for traffic violations and targeting zero fatalities for one full day. This effort may include sobriety checkpoints in various areas.

As a citizen of New Jersey, as well as a DWI defense attorney, I am always happy to see traffic deaths decrease. However, I know that some motorists can get a raw deal from local and state police during campaigns such as this. That is why I always encourage people arrested for drunk driving to contact a legal professional for advice and counsel.

According to news reports, "Put the Brakes on Fatalities Day" will see police departments statewide emphasizing and enforcing all traffic laws, including seatbelt usage, obeying the posted speed limit, avoiding distractions such as cellphone use while driving, and not getting behind the well when intoxicated.

Police data show that 591 individuals died in traffic accidents in New Jersey just last year. While this number may seem high, it represents a 19-percent decline from 2007, and also marks the lowest number of recorded motor vehicle deaths in the state since 1948, according to reports.

As with last year's campaign, law enforcement agencies throughout the state will be reporting crash information -- such as total number of crashes, injuries crashes and fatalities -- for the 24-hour period of October 10. Police will convey that information to the Division of Highway Traffic Safety, the state's lead traffic safety agency. The division will then compile and post this information on its website.

Approximately 66 percent of the 496 police agencies in the state, as well as the state police, reported crash data following last year's "Put the Brakes on Fatalities Day." A total of 1,065 crashes took place in New Jersey on that day, resulting in 201 injuries and two fatalities.


Lower Township Police promote annual Put the Brakes on Fatalities Day, ShoreNewsToday.com, September 24, 2009

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September 30, 2009

Atlantic County Man with 0.00 Percent BAC Sues over Northfield Drunk Driving Charge

A man initially arrested for DWI at a sobriety checkpoint in November 2008, the charges for which were dropped four months later, has sued for wrongful arrest. As a New Jersey DWI defense attorney, I have represented clients over the years who have faced similar circumstances. In the case of Tyrone Foxworth's drunk driving arrest, the claimant says that Officer Kristina Ramsi falsely arrested the Somers Point man and caused him to be prosecuted in a malicious fashion, thus violating his rights under both the Fourth and Fourteenth amendments of the United States Constitution.

According to reports, this individual was still charged with drunk driving even after Foxworth's blood alcohol content (BAC) registered a reading of 0.00 percent via a Breathalyzer test at the Northfield police station just 15 minutes following his arrest at the checkpoint. Police records show that no blood or urine was taken for a drug test at time, because there was no drug-recognition expert available that evening.

Based on news accounts, Foxworth was driving with two friends when his vehicle was flagged down at a multi-jurisdictional DWI checkpoint along Shore Road around 3am on Thanksgiving morning. As per standard procedures, every fifth vehicle was being flagged and pulled over, according to police. The complaint states that Foxworth was instructed to pull into a secondary check area by Absecon Officer James Laughlin.

According to court records, when Ramsi asked if Foxworth had been drinking he responded no. Ramsi then requested that Foxworth perform several sobriety tests, including various "balance" tests and a "horizontal gaze" test -- the complaint claims that "neither of the tests can accurately provide probable cause for this determination (of DWI)." Foxworth was subsequently arrested and charged with DWI and reckless driving.

It is important to note that in a previous court hearing, in which the charges were dropped, Judge Matthew Powals made sure to enter into the court record that there was "no observed improper behavior" on Foxworth's part.

This is a perfect example of why it is imperative to retain an experienced drunk driving defense lawyer to handle a DWI, drug DUI or breath test refusal case. Charges made are not always accurate, but without proper representation, an innocent person could be convicted of a serious offense, one that could affect that individual's future in more ways than one.


Man with 0.00% blood alcohol content sues over Northfield DWI charge, PressofAtlanticCity.com, August 26, 2009

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September 6, 2009

Atlantic County Teacher Loses Job Due to Drunk Driving Injury Accident, DWI Arrest

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

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June 26, 2009

New Jersey State Police to Reel In Drunk Boat Captains this Summer

Any small craft captain worth his salt knows it's boating season, but before you power up your twin inboard, take a moment to scan the horizon and double-check your alcoholic beverage intake. This weekend, from Sandy Hook to Cape May, the New Jersey State Police will be patrolling offshore in search of intoxicated boat operators. And just like DWI for landlubbers, being arrested for boating under the influence (or BUI) can be a costly experience.

Drunk boating, like drunk driving, is enforced by local and state police units. This latest campaign, christened "Operation Dry Water," begins today and runs through Sunday, June 28. It's a combined effort between the New Jersey State Police and the United States Coast Guard (USCG) and designed to hook skippers piloting their craft under the influence of alcohol in state waters, which includes bays and the ocean up to three miles out.

According to the USCG, enforcement will be heaviest in the Atlantic City and Cape May areas, with sobriety checkpoints set up at various points on the water. In addition to BUI offenses, law enforcement personnel will be looking for anyone navigating recklessly or carelessly. Those observed exhibiting drunken behavior should be prepared to be boarded and examined for intoxication.

In New Jersey, boaters can lose their boating privileges for one year and their automobile driver's license as well. That's three months for a blood alcohol content (BAC) of 0.08 percent or more, and seven months for 0.10 percent or more. You should know that while New Jersey does not confiscate boats of those captains who are arrested for BUI, other states do confiscate watercraft.

Authorities also will usually administer field sobriety tests, although they can be somewhat different from those conducted on dry land. And although they do not want to give away their tactics in detail for this coming weekend, law enforcement agencies say their goal is not to arrest boaters so much as to educate them about the BUI problem.

One message authorities are pushing is that alcohol has an enhanced effect on the water. According to experts, the glaring sun, waves, motion of the boat and other influences aboard a boat only help the body absorb alcohol faster. This can impair an individual's motor functions, reaction time, judgment and other critical boating skills.

Continue reading "New Jersey State Police to Reel In Drunk Boat Captains this Summer" »

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April 30, 2009

Could New Jersey DWI Laws Soon Apply to Drowsy Driving?

It sure doesn't sound like drunk driving, but I bet this has happened to you or someone you know. You're driving home a bit tired after working a double shift in Jersey City, or trying to squeeze in that last 50 miles returning from a very full weekend in Atlantic City. Just trying to stay awake long enough to get home, park the car and climb into bed. That's not the same as driving while intoxicated, or is it?

Whether it's a paperwork backlog at work, working the graveyard shift at a second job, or spending a sleepless night tending to a sick child, the result is the same. Operating a vehicle when you've had little or no sleep can be a recipe for disaster. Nodding off on the Garden State Parkway can have a deadly outcome.

And the consequences can be serious, especially here in New Jersey. We live in the only state in the Union that makes drowsy driving a crime when it's found to be the cause of a fatal crash -- classified as recklessness under the state's vehicular homicide statute. And it's not unreasonable that drowsy driving could one day become as serious an offense as DWI.

It may be a long ways off, but legislators and sleep experts across the country are starting to look at drowsy driving as nearly equivalent to drunk driving. Like New Jersey, other states are trying to add drowsy driving laws to their books, spurred by the large number of traffic fatalities caused by drowsy drivers every year.

Drowsy driving is one of the most vexing problems involving traffic safety. According to the National Highway Traffic Safety Administration (NHTSA), it is a factor in more than 100,000 crashes, resulting in 1,550 deaths and 40,000 injuries annually around the country - and that may even be a conservative estimate. Many experts say the nation's progress against drowsy driving is about where the campaign against drunken driving was 30 years ago.

As skilled New Jersey DWI Attorneys, my office has dealt with hundreds of drunk driving and related cases. If you or a family member have been arrested due to an injury accident involving alcohol, prescription drug DUI or drowsy driving, we highly recommend that you contact a qualified defense lawyer like the ones at The Law Offices of John F. Marshall.

 

Wake-up call: Drowsy drivers are serious threat, MyCentralJersey.com, April 14, 2009

 

 

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April 19, 2009

Glassboro, NJ, DWI Suspect Gets Plea Deal from Gloucester Prosecutors


A Glassboro, New Jersey, man arrested for a DWI traffic death in Gloucester Country late last year has been offered seven years in jail in exchange for a guilty plea -- three years less than the maximum 10 years he could face if convicted in a jury trial. Charges of driving while intoxicated and vehicular homicide, combined with alleged evidence of cocaine (although no DUI charges were brought), make this a challenging case for the defense.

According to a recent report, attorneys for Arthur Anwar Jr. made a motion to have the court reduce his bail, but that has been rejected apparently due to the severity of the offense. At a bail hearing last Friday, Superior Court Judge Christine Allen-Jackson denied the motion to reduce the $75,000 bail, on which Anwar has been held since his arrest on December 21, 2008. The case remains open as both sides consider their next steps.

Anwar's drunk driving arrest stems from a lethal accident that happened just days before Christmas. According to police, the 53-year-old and a friend had left the Down on Main Street bar in Glassboro and were riding in his 1997 Mazda 626. At about 2 a.m., the vehicle plowed into the back of a dump truck on Glassboro Road in Monroe Township. The crash was so horrific that emergency personnel had to pry open the mangled sedan to remove the passenger. That man, Arthur Davis, 24, later died from multiple injuries at Cooper Hospital in Camden.

Police reports show that Anwar admitted to being the driver of the vehicle; and that officers detected the smell of alcohol on his breath. Results from a subsequent blood alcohol test showed he had a staggering 0.205 blood alcohol content (BAC) -- more than twice the legal limit of 0.08, as defined by New Jersey law.

Although it appears that drugs were not directly involved in the driver's alleged impairment, Anwar was also charged with possession of cocaine. Police reportedly discovered the drugs inside the patrol car following the arrest. An assistant prosecutor for Gloucester Country, Laurie Cimino, stated that the police cruiser's surveillance video camera recorded the suspect trying to get rid of the drugs.

Since every DWI case is different, there is no single approach to defending a drunk driving arrest. Because of this, we highly recommend that you retain the services of a New Jersey DWI Attorney. Our skilled team of lawyers is available 24/7 to help you or a family member with DWI, DUI, or other related cases.

 

No cut in bail for DWI suspect, NJ.com, April 18, 2009

 

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