Naturally, drunken driving is one of the many traffic offenses out there, but impaired driving due to prescription medications or illicit drugs (drug DUI) are other ways in which a driver can find him or herself in trouble with the law. As New Jersey DWI defense lawyers, I and my colleagues have represented numerous motorists charged with driving under the influence of beer, wine or hard liquor.
As experienced drunken driving defense attorneys, my firm handles numerous drunken driving and drug DUI cases, as well as breath test refusal and underage drinking offenses. No matter where one lives or works in New Jersey, being arrested for DWI or DUI can be a serious matter and not to be taken lightly. The following police blotter items illustrate some of the typical drunk driving-related and other police arrests that occur on a regular basis throughout the state.
]]> Drug-related Charges following Traffic StopNew reports indicate that the 54-year-old female driver, from Cranford, and the 23-year-old male passenger, a Garwood resident, were both arrested and charged with a variety of drug-related offenses. In addition to being processed for an outstanding warrant out of Elizabeth, NJ, the driver female was charged with cocaine possession, as well as possession of drug paraphernalia. The man was likewise charged with similar possession charges. They were both released pending a court appearance in Union County Superior Court.
DWI and Underage Drinking
An local police officer making a routine traffic stop found the driver of the vehicle to be allegedly impaired by alcohol, according to reports. Just after midnight, police stopped an 18-year-old Cranford, NJ, man who was behind the wheel of a 1996 Honda; the officer in charge stated that he had observed the vehicle exceeding the posted speed limit and effected the traffic stop. During the stop, the patrolman apparently detected evidence of alcohol consumption. The driver was charged with speeding and failure to obey a traffic control signal, as well as other offenses. The man was processed and then released pending his appearance date in the local municipal court.
A couple hours after this precious traffic stop, police responded to a residential burglar alarm that had sounded a little before 3am. According to new reports, police had also received calls of an "unruly juvenile" in the area. Based on reports, officers found a 17-year-old local man along a stretch of Gallows Hill Rd. The individual was charged with criminal mischief, having been arrested for damaging three or more houses with thrown rocks. Police reports indicate that the young man was also intoxicated. He was later released to one of his parents pending and appearance in juvenile court.
Possible Marijuana Possession in a Vehicle
During a late night patrol, officers stopped a vehicle along a stretch Centennial Ave. near the Garden State Pkwy entrance ramp (136); the stop was reportedly made for a seatbelt violation, according to the news article. After a short investigation by the patrolman, the officer reportedly located a bag of alleged marijuana, as well as some related drug paraphernalia inside the car. The 25-year-old driver, a resident of South River, NJ, was arrested and processed at police headquarters, He was later released pending an appearance date at the local municipal court.
Police Blotter: Traffic Stops Lead To Arrests For Drugs, DWI; Patch.com, November 29, 2011
Whether one lives in Monmouth, Ocean or Sussex County, for those caught up in a drunken driving arrest it is not so far flung of a statement to suggest that a temporary, and sometimes long-term, loss of their New Jersey driver's license could be in the offing depending on the nature of the charges and the driver's history of DWI, drug DUI, or other impaired driving offenses.
Considering the freedom and independence that a license imparts to an individual, it's hardly worth tempting fate with a drunk driving arrest, much less a potential conviction. Still, circumstances can arise leaving a driver in the unenviable position of losing his or her driver's license based on a local court's ruling following a guilty verdict or guilty plea regarding charges of driving while intoxicated, or operating a motor vehicle while impaired by prescription medication.
]]> As we have said in the past, no one should underestimate the potential life-changing impact that a loss of driving privileges can have on a person and his immediate family. Should a driver have his or her license revoked -- regardless of the time period -- they must either resort to public transport, or arrange rides with family, friends and/or coworkers. Activities as mundane as shopping or taking kids to school can become a complicated and sometimes daunting effort.For whatever the reason, it should be understood that a loss of driving privileges can wreck havoc with one's personal and business life. And for anyone who has ever had their driver's license revoked, there is usually one overriding goal; to get that driver's license back as soon as possible.
One of the key factors -- when it comes to a DWI case -- in determining if and how long an individual's license may end up being suspended is whether or not the latest potential conviction is a result of a first drunken driving offense, or that of two or more previous arrests and convictions. We'll add right here that consulting with a qualified drunk driving defense attorney is advisable, if only to understand one's options going forward.
A New Jersey DWI defense lawyer can provide insight into the nature of the DWI charges and how a first-, second-, third- or subsequent drunken driving offense may affect the courts decision vis-à-vis license suspension. A previous breath test refusal can also have a bearing on the court's final decision. All of these factors will have some effect on the length of time a driver's license is revoked.
But once an individual's license has been suspended, is there any hope to get it back sooner than what the court initially ordered at the conclusion of a DWI case? And, after the required revocation period, does one simply begin driving again? These are common questions that have less than satisfying answers for many.
When it comes to recovering a person's driver's license following a DWI or DUI conviction, most people simply assume that after they have "served" their suspension period, their license automatically reverts to being valid. This, unfortunately, could not be further from the truth.
In fact, once the suspension period has expired, restoring one's license requires additional effort on the driver's part, not to mention additional monetary costs. Here in the Garden State, one must visit a motor vehicle station to apply for reinstatement of his or her driver's license, which costs about $100 in fees.
Knowing this simple fact could be valuable in and of itself, since if one starts driving again without following the reinstatement procedure, should that individual be stopped by police for any reason, the officer could determine that the driver was operating a vehicle on a currently suspended license, which might then result in additional penalties.
Of course, each situation is unique, many of which require slightly different approaches to one's defense. This makes it all the more important to consult with an experienced DWI defense lawyer regarding the particular circumstances surrounding one's drunken driving arrest. Never assume that the court will be sympathetic to a drunk driving episode.
]]>As New Jersey DWI defense lawyers, I and my staff of experienced drunken driving attorneys understand how quickly a driver can find him or herself on the receiving end of a DWI or DUI summons. When that day comes, it's a good idea to consult with a qualified DWI attorney to better understand one's options.
Naturally, it's a given that being convicted of operating a motor vehicle while intoxicated or otherwise impaired by alcohol, prescription drugs or other illegal substances (also know as controlled dangerous substances (CDS), will likely include some serious sanctions -- namely heavy fines and other monetary penalties. But in addition to these financially costly penalties, the courts also have the ability, in many cases, to include a license suspension as part of the list of penalties the defendant will have to bear.
From the standpoint of fees, in general, anyone who is convicted of drunken driving in New Jersey can face fines upward of $1,000 for a single instance and penalties (including surcharges to a driver's insurance premiums) of possibly $4,000 to $5,000 or more over the course of three years. This includes numerous fees for the DWI Enforcement Fund, MVC Restoration Charge, potential out-patient counseling, Safe Neighborhood Fund, Violent Crime Compensation Board Fund, not to mention court costs.
]]> We'll add, at this point, that although having an experienced drunken driving defense lawyer at one's side may not spell automatic acquittal or a not-guilty verdict, it could have a positive impact on any judgment handed down by the municipal court regarding a potential driver's license suspension or revocation.Looking at this possibility is one of the topics that a DWI defense attorney will naturally discuss with a potential client. This is especially important to understand before going into the courtroom on one's own, since an individual convicted of - and even one who pleads guilty to -- a DWI or drug DUI charge could, depending on the specific circumstances, be facing jail time as well as a license suspension, in addition to the usual heavy fines and future insurance surcharges.
When it comes to the question of license suspension or revocation, one should never underestimate the impact of a loss of driving privileges. When a motorist loses his or her driver's license, for whatever period of time, he or she must either find alternate public transport or rely on family and friends to help them get to and from work or school, daily shopping or parenting chores and other necessary commuting activities. In fact, for anyone who has ever their driver's license, he or she realizes very quickly that they need that license back, ASAP.
Critical to approaching DWI charges is whether or not this is a first-time, second or third/subsequent offense. A qualified DWI attorney will also need to ask the defendant if he or she has a previous breath test refusal on their record; similarly, the lawyer will likely ask their client if the arrest was specifically for drunken driving or refusal. The answer to this simple question can have a significantly bearing on the length of time one's driver's license may be suspended.
In general, if a driver accused of DWI had a blood-alcohol content (BAC) reading of between 0.08 and 0.10 percent (and this is a first-time offense) the maximum suspension one will be facing is three (3) months. Worse, with a BAC of over 0.10 percent and one will be facing from a seven-month to 12-month suspension. Second offenses up the ante considerably.
A two-time offender will be looking at a staggering 24-month maximum license suspension, while a three-time offender can face upward of 10 years loss of driving privileges. As can be assumed, when it comes to hanging on to one's driver's license it is advisable to seek the counsel of a DWI attorney. This is especially true when other factors, such as multiple drunken driving charges, complicate one's DWI case and make for very serious penalties, fines and other punitive actions.
]]>As a New Jersey DWI defense lawyer, I can say that a conviction for operating a motor vehicle while under the influence -- either by controlled dangerous substances (CDS) or alcohol -- can carry with it some rather severe penalties. Anyone who is arrested for, charged with or accused of a DWI or drug DUI offense should seriously consider seeking the counsel of a qualified legal expert in the area of drunk driving law. An aggressive defense is important to pursue considering the harsh penalties and fines that New Jersey courts tend to levy on those convicted of drunken driving.
For individuals who are convicted of, or who plead guilty to, DWI or drug DUI charges, depending on the particular circumstances a defendant can face jail time, heavy fines, loss of their driver's license, and the addition of future premium surcharges on their car insurance policy. Of course, penalties following a drunk driving or DUI conviction are dependant on whether that particular conviction is the individual's first, second or subsequent DWI-DUI offense.
]]> The level of punitive fines also are affected by the official blood-alcohol content (BAC) measurement; concentrations of 0.08 to 0.10 percent or greater at the time of the traffic stop or arrest will determine the specific penalties. Some of the possible DWI-related penalties are listed below:-- Fines ranging from $250 to $1,000
-- Jail time upward of six (6) months
-- Annual insurance surcharges (levied for three years) of $1,000-$1,500
-- Fees paid toward the Intoxicated Driver Resource Center (IDRC)
-- Potential community service hours
-- Driver's license suspension or revocation for a period ranging from three months to three years
-- Possible court-ordered installation of an ignition interlock device on the defendant's vehicle for one to three years
Additional fines and other court costs including:
-- $200 toward the DWI Enforcement Fund
-- $200 for the New Jersey MVC Restoration Charge
-- $150 in fees for any out-patient counseling (as referred by the IDRC)
-- $75 to the Safe Neighborhood Fund
-- $50 for the Violent Crime Compensation Board Fund
-- Up to $33 in court costs
Naturally, each DWI or drug DUI case is unique; which usually requires some variation on the defense's approach to the prosecution's evidence against the motorist. Seeing as every situation is somewhat different, it is advisable to discuss one's case with an experienced drunken driving defense attorney. In cases concerning illicit drugs -- such as cocaine or marijuana -- seeking out the advice of a qualified DUI attorney should not be overlooked.
Having an experienced DWI/DUI defense lawyer at your side may increase one's chances of either being found not guilty or could favorably affect any judgment pertaining to a possible license suspension/revocation; at the very least a motorist's driving privileges, if lost initially, could be reinstated more quickly based on the help of a qualified drunk driving defense attorney.
]]>Here in the Garden State, the law provides for a "zero-tolerance" policy where underage drinking and driving is concerned. As set forth in N.J.S.A. 39:4-50.14, it is against the law for an individual under the age of 21 years to have ANY alcohol in their system while driving a motor vehicle. On the upside, if one can call it that, the law stipulates more relaxed monetary penalties and suspension periods for a young person convicted of underage DWI; these penalties are certainly less severe for an underage offender than those that apply to a driver of legal drinking age convicted of driving while intoxicated.
When considering underage DWI convictions, penalties can include a driver's license suspension period of as little as 30 days compared to that of an adult DWI conviction of 90 days, at a minimum. Please keep in mind that although the penalties are reduced, it is usually wise to consult a qualified drunken driving defense attorney prior to showing up in court with one's child accused of underage DWI.
]]> Though it may be difficult to comprehend for some, teenage drinking -- and by extension teenage DWI -- is not an uncommon occurrence here in New Jersey. In fact, a study released a little over a year ago by the Substance Abuse and Mental Health Services Administration (SAMHSA), stated that about 20 percent of young people admitted to researchers that they had driven a motor vehicle at least once while under the influence of alcohol or drugs (drug DUI).All this said, we aren't surprised when we read reports in the news of teenagers arrested for drunken driving. One such instance occurred in West Milford last month when three teens were hospitalized after the vehicle in which they were riding crashed along a stretch of Clinton Road. The driver, a 19-year-old man from Iselin, NJ, was charged by local police with driving under the influence.
According to news reports, police received a call to respond to a car crash at around 5:30am a couple days before the New Year. Police reports indicated that late model Toyota Camry had been heading westbound along Clinton Rd. when the driver apparently lost control of the vehicle. The car reportedly veered to the right, leaving the roadway and driving into a drainage ditch where it sustained what police called "heavy damage."
West Milford police officers as well as emergency rescue personnel from the Upper Greenwood Lake and West Milford Volunteer ambulance squads arrived at the scene to find the three teenage occupants in need of medical attention. The driver and one of the other two passengers were taken by helicopter to St. Joseph's Hospital in Paterson, NJ, while the third man was transported to Morristown Memorial Hospital.
Crash on West Milford's Clinton Road sends teens to hospitals, NorthJersey.com, December 30, 2011
One thing we know, as drunk driving defense attorneys, is that a DWI arrest (much less an actual conviction for impaired driving) can greatly affect one's future employment, social standing, and family/marital relationships. While we understand that a drunk driving arrest is not desirable by any means, we also know that this does happen to many people, from all walks of life, and nearly every profession.
Surprisingly, even police officers can end up being arrested for drunken driving. From my years as a prosecuting attorney, I have a great respect for the hard work and dangers faced by our law enforcement officer every day. On the other hand, as a DWI defense attorney, I understand how easy it is for motorists to be accused of drunken driving here in the Garden State. What I cannot abide is when patrolmen and other officers of the court flout the very laws they are sworn to uphold and enforce.
Not long ago, a police officer from the Midland Park PD was charged with drunken driving when he was ticketed for crashing an all-terrain vehicle while allegedly under the influence of alcohol. Based on news reports, the accident occurred in Wyckoff when off-duty Midland Park patrolman, Joseph Gaeta crashed a four-wheeled ATV at the intersection of Greenhaven Rd. and Godwin Ave. during the mid afternoon.
Ironically, Gaeta had earlier that day been a non-uniformed participant in a DWI demonstration at the Bergen County Police Academy located in Mahwah, NJ. During the educational session, which was taught by representatives of the New Jersey State Police, Gaeta had apparently volunteered as a "controlled" drinking subject for the drunken driving class. During the session, the man was reportedly provided with a number of measured amounts of alcohol.
According to police, the class in which Gaeta was participating was designed to allow officers to observe subjects take breathalyzer tests before and after drinking certain amounts of alcohol. During the demonstration, Gaeta was reportedly given a breath test, at which time his blood-alcohol content was measured at 0.13 percent. Afterward, the man was given a ride home by another, sober, officer.
Strangely, news reports indicate that Gaeta, upon returning to his home, decided to ride an ATV along a stretch of Godwin Avenue. The accident apparently happened when the officer attempted a right-hand turn onto Greenhaven Rd; it was there where he reportedly lost control of the vehicle, which in turn flipped over.
Police reports indicate that the man received a number of serious injuries to his face, and that emergency responders transported Gaeta to the Hackensack University Medical Center for treatment. In a weird twist of fate, the off-duty policeman was charged with driving under the influence of alcohol, along with several other traffic offenses.
Bergen officer charged with DWI after flipping ATV on street, CliffviewPilot.com, December 16, 2011
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.
]]> For many people, the simple solution may seem to be pleading guilty to a charge of drunken driving, but this is usually not in anyone's interests, especially considering the potential fines and penalties associated with a DWI or DUI conviction. But, again, considering a possible scenario where a driver is charged with operating a motor vehicle while intoxicated, as well as being involved in an injury accident, going it alone is not advisable.Not long ago, a Passaic resident was arrested following an early-morning hit-and-run pedestrian accident along a stretch of Burgess Place in Clifton. According to police reports, a 33-year-old New Jersey resident was crossing the street at about half-past two in the morning when he was hit by a passing sport utility vehicle, which then allegedly left the scene without stopping.
New reports indicated that the victim was found by police in a semi-conscious condition, but was still able to give officers a description of the vehicle. He was subsequently transported by ambulance to St. Joseph's Regional Medical Center with non-life-threatening injuries.
Not long after the incident, police located an Isuzu Rodeo apparently matching the description provided by the victim, after which they effected an arrest of the vehicle's driver, 23-year-old Edwin Richardson of Passaic. During the arrest, police officers were reportedly interfered with by several bystanders, apparently resulting in the arrest of a woman who was part of that crowd.
As a result of Mr. Richardson's arrest, the suspect was charged by police with a number of offenses including driving while intoxicated (DWI), marijuana possession in a vehicle, careless driving and leaving the scene of an injury-related traffic accident. Aside from the rather serious issue of having allegedly left the scene of an accident, the man also faces a charge of possession of marijuana in a vehicle, which could add to any penalties or judgments against him in court.
Passaic man charged in Clifton hit-and-run, NorthJersey.com, January 2, 2012
Of course, alcohol use is one of the most common "legal" pastimes in Bergen, Middlesex, Ocean and Hudson counties, however other illegal substances, such as cocaine, methamphetamine and marijuana, are also being used by drivers on public roads. Of those illicit drugs, marijuana is without a doubt one of the more common illegal substances encountered by state and local police across New Jersey.
Arrests of drivers from all walks of life by New Jersey law enforcement officers for marijuana-related offenses are commonplace, which is not surprising in the least considering that an estimated 35 billion dollars' worth of marijuana is cultivated in the United States each year. In fact, with medicinal marijuana becoming more prevalent, there is a good chance that more people than ever before probably know someone who uses marijuana legally or illegally from time to time.
Even so, persons who are arrested for marijuana use or possession in Monmouth, Sussex, Passaic or Atlantic counties should take very seriously any charges levied by police. Even though marijuana may be considered to be a rather low-level drug in the grand scheme of things, the New Jersey court system treats this CDS drug no differently than any other violation of state law.
]]> Specifically, when it comes to possession of marijuana in a car or truck, a summons is usually issued by a police officer for that instance of possession in a motor vehicle. As New Jersey drunk driving defense attorneys, a percentage of our clients are individuals who have been accused of driving under the influence of a CDS, such as marijuana, or at the very least, possession.New Jersey state law strictly prohibits any individual from operating a motor vehicle while knowingly in possession of marijuana. The implications of this particular statute extend only to the driver himself and not to the other occupants of the vehicle. Because of this specific detail of the law, in order to convict an individual of a violation the local prosecutor in charge of the case must show the Court that the accused was (1) in fact operating the vehicle in question; that (2) there was existence of marijuana on the driver of the vehicle; and (3) that the driver did, knowingly, operate his or her vehicle while possessing said marijuana.
It is important to understand, as an individual accused of possession of marijuana in a motor vehicle, that if that person was not "within wingspan of physically controlling the marijuana" that there is a good chance of avoiding a conviction. A typical example of this kind of scenario is when the marijuana in question was found on the person of another occupant in the vehicle.
Naturally, the penalties for driving in possession of marijuana can be rather harsh. Specifically, a mandatory two-year driver's license suspension is called for under the law. Unlike alcohol-related convictions, the license suspension resulting from a marijuana possession conviction is essentially a total ban on driving; there is no provision for a work-related driver's license, nor any kind of conditional license. This kind of suspension is absolute, and should be avoided if at all possible.
If a person is charged with an "indictable" marijuana offense in Monmouth County, for instance, his or her case will be heard in Superior Court. When it comes to felony marijuana offenses, these are classified by degree (starting at First Degree, for the most serious offense, all the way down to Fourth Degree, for a lesser offense). Here in New Jersey, motorists can be indicted on a charge of Fourth Degree marijuana possession, but all other felony cases (those amounting to 1st, 2nd, 3rd Degree offenses) must involve an allegation of distribution.
]]>Fast forward to the 21st Century, and we have a different situation. People still drink, just as they have in the past, but tolerance for drinking and driving has more or less evaporated -- at least from the standpoint of police agencies and the judicial system. Coming home to one's family at 4am drunk is also on the outs as more and more people treat achoholism as a failing instead of a disease one cannot control.
But drunken driving isn't the issue here, today. What we are wondering, as New Jeresy DWI defense attorneys, is how soon might we see legislation that rasies driving while distracted (DWD) at chargeable offense. Of course, that's already happening in many states with passage of anti-texting and hand-free phone laws. Truly, with all the efforts afoot to make driving while intoxicated a thing of the past, is DWD legislation not far behind? Maybe yes, maybe no; but certainly, a possibility.
According to the news outlets around the country, driving while distracted will be a hot topic in the coming years. Just as DWI and drug DUI, many traffic safety advocates and law makers are looking very carefully at the impact that cellphones have had and will have on the frequency and severity of automobile accidents.
]]> Even locally, here in the Garden State, cellphone and smart phone use while driving has been described as an activity that is "out of control" in counties like Passaic, Bergen and Monmouth. It's no surprise that many people around the state likely support the latest recommendation coming from the National Transportation Safety Board (NTSB) to establish a nationwide ban on in-car cell use.Many believe that a ban is the next step, especially following 2007 New Jersey state legislation, signed by Governor Corzine, making talking on a handheld cell phone or texting a message with any electronic communication device while driving primary offense. As New Jersey drunken driving defense attorneys, I and my colleagues could imagine a time when cellphone use becomes banned and driving while distracted becomes a chargeable offense not unlike our current DWI and DUI laws.
With the NTSB citing the more than 3,000 fatalities in 2011 having resulted from distracted driving, it is not a stretch to imagine a national campaign to ban cellphone use and attempt to reverse almost two decades of learned behavior. At the very least, this will lead to some rather heated debates in the coming years.
Police departments support proposal to ban cell use while driving, NorthJersey.com, December 16, 2011
]]>Understanding that the defined legal limit for intoxicated driving is a BAC of 0.08 percent, having twice that concentration of alcohol in one's bloodstream is hard to ignore. As New Jersey drunken driving defense lawyers, my firm has handled cases very similar to this one, certainly in terms of a motorist having a single-vehicle accident and then being accused by police of being under the influence of alcohol, prescription drugs (drug DUI), or an illegal substance, such as marijuana or cocaine.
The facts are very important in these kinds of cases; especially the test results from a breathalyzer device, such as the Alcotest machine. Just as important to one's defense is the manner in which the police maintain that equipment. In certain circumstances, poor maintenance or faulty design can drastically affect the outcome of a DWI case, not the least of which is challenging the veracity of the data produced by these machines.
]]>In the news article mentioned earlier, the former mayor reportedly slammed into a utility pole while driving his Mercedes-Benz in Hudson County, after which Hoboken police arrested the man and took him into custody. The crash happened late on a Thursday evening when the 47-year-old was driving home from Bayonne, NJ. Heading westbound along a stretch of Paterson Avenue, just before Jackson Street the man's vehicle swerved and collided with a nearby utility pole, according to police reports.
After officers arrived at the crash site, Garcia was reportedly unable to maintain his balance according to officers at the scene. Claiming that Garcia was swaying, slurring his speech and smelling like alcohol, officers administered a breathalyzer test, which indicated that the man's BAC was over the legal limit. Garcia had reportedly admitted to having "a couple drinks" that evening, and was subsequently charged with driving under the influence of alcohol.
Having entered an initial plea of not guilty in late September, Garcia later changed his plea to guilty, according to more recent news articles. Based on those reports, the former mayor pled guilty to DWI charges and received a 90-day driver's license suspension.
This particular drunken driving charge included a charge of DWI within 1,000 year of a school zone, which carries with it a potential driver's license suspension of upward of two years; however the man's lawyer was able to show the court that the crash site was actually a little farther than 1,000 feet from the nearest school. The reduced charge meant Garcia was only charged with a "regular" DWI, which carries a maximum penalty of up to one year's suspension of his driver's license.
Finally, and more significantly, recent revelations show that the repair records for Hoboken's Breathalyzer machine were such that it could not be determined if the unit was functioning correctly at the time Garcia's BAC measurement was taken. This resulted in the defendant pleading guilty to DWI based solely on police "observations." The judge in the case charged Garcia with the maximum sentence -- namely loss of license for up to 90 days.
Hoboken Breathalyzer repair records under investigation after controversy in former Union City mayor's DWI case, NJ.com, December 07, 2011
Former Union City Mayor Rudy Garcia pleads guilty to Hoboken DWI -- driver's license suspended 90 days, NJ.com, November 21, 2011
Former Union City Mayor Raul Garcia had 0.16 blood alcohol content, NJ.com, September 20, 2011
]]>As New Jersey DWI defense lawyers, my staff is well aware of the fines and penalties associated with a drunk driving conviction. In addition to court fees and punitive fines, motorists charged with driving while intoxicated by alcohol or prescription drugs (drug DUI) can also end up paying inflated car insurance premiums and even face jail time for multiple offenses.
One of the legal judgments that can come down from the bench following a DWI conviction is the mandatory installation of an ignition interlock onto a convicted drunk driver's vehicle. The types of devices are designed to prevent the starting of a vehicle if the operator has a blood-alcohol content (BAC) exceeding a certain value. Akin to a mini breathalyzer, an ignition interlock device will disable a car or truck's starting system if the unit detects alcohol on the driver's breath.
A short time ago, Pennsylvania's Supreme Court overturned a ruling that resulted from a legal challenge to that state's law regarding the use of ignition interlock devices. Based on news reports, the ruling not only closed a loophole in state law, it also clarified the application of ignition interlocks in DWI cases.
]]> The Court's action shut the door on a reported legal loophole that had the potential to allow certain repeat drunk driver offenders sidestep the installation of an interlock ignition device on their vehicles as a condition of restoring those individuals' driving privileges.Based on news articles, by issuing its ruling, that state's highest court effectively resolved an ongoing question of whether an individual's entry into the state's first-time offenders program equated to a conviction that would trigger the state law requiring installation of an interlock ignition on the defendant's vehicle.
That state's Supreme Court ruling overturned a lower court decision in a case brought by a motorist who had challenged a state DOT directive requiring him to have an ignition interlock device as a condition of having his driver's license restored.
Many legal experts and likely most state prosecutors believe that the ruling will have a fairly significant impact across the state, since it will help to ensure that repeat DWI offenders cannot dodge the ignition interlock law, which was conceived of to protect the driving public.
Apparently at issue was a civil statute that requires any motorist who has been convicted of two or more DWIs within a 10-year period to have an ignition interlock device installed in his or her vehicle as a condition of restoring their driving privileges.
The particular case involved a man who was charged with his second DWI offense in 2007. Reportedly resolved in 2009 without a conviction, the man reportedly agreed to enter a rehabilitation program in order to have his record expunged following successfully complete a probation period.
The motorist argued that he should not be subject to the state's ignition interlock law because he was technically not convicted of a DWI following the 2009 resolution of his case. Although a county court ruled in the man's favor, which was again upheld by a state court, the Supreme Court did not agree.
While the Supreme Court did agree that acceptance of participation in the state's rehab program was not strictly considered a conviction, the Court did note that accepting rehab as a condition of resolution to a DWI charge has been found in the past to be equivalent to a conviction -- under certain circumstances -- including that of being used for purposes of computing total number of sentences for subsequent convictions.
According to the Court, a person who agrees to enter into an alcohol abuse rehab program as a condition of resolving a drunken driving charge in essence acknowledges that they committed the offense in the first place; this is regardless of whether or not participating in a rehab program technically constitutes a conviction.
Closing of DUI loophole draws applause, TimesLeader.com, November 29, 2011
As New Jersey DWI defense attorneys, I and my colleagues are constantly reading about individuals who may or may not believe that they were intoxicated at the time of their arrest. Regardless of where one is picked up for operating a vehicle while impaired -- be that by alcohol, prescription medication (drug DUI) or illicit drugs like cocaine or marijuana -- the penalties can be severe and costly.
As drivers ourselves, we understand the reasons for anti-drunken driving laws, however the methods and evidence used against motorists can sometimes be questionable, to the point that a DWI case may have little chance of standing up in court. One thing, however, that can make a so-called "routine" drunk driving arrest stand out is when it coupled with a traffic accident. Property damage, injuries and certainly fatalities tied to an alleged drunk driving episode is nothing to sneeze at.
]]>In cases where a person has died as a result of a driver's alleged drunken driving, the courts are keen to see that justice is served. Instances such as these should leave no doubt in anyone's mind as to the importance of hiring a qualified legal professional; one who is well-versed in DWI law and experienced in fighting for their clients' interests.
We are constantly reminded of the trouble that drivers can get into on the road. Last fall, news articles described of a local man who was involved in a fatal auto-pedestrian traffic accident in Ocean County; a serious situation to say the least. According to police reports, an elderly Barnegat resident died not long after being struck while on foot by a car driven by the 25-year-old Stafford resident.
Although no definitive evidence of drunk driving was available at the time of the news articles, the driver had been issued non-DWI-related traffic summonses in relation to the deadly crash. As the news reports stated, no criminal charges had been brought by the Ocean County Prosecutor's Office, though the filing of more or less routine traffic charges was made reportedly due to the impending expiration of the 30-day statute of limitations.
The accident itself occurred on a September morning as the 76-year-old victim stood next to his sport utility vehicle in Manahawkin. According to news reports, the elderly man was hit by a car driven by the son of Stafford Township councilman. Transported to Southern Ocean County Medical Center, the victim was pronounced dead not long after.
Apparently, police and the local prosecutor's office had been awaiting results from a blood-alcohol content (BAC) test prior to pressing any criminal charges. At the time of the news article, the investigation was still ongoing.
Meanwhile, reports of the young man's driving record were surfacing, including publication of the man's driving record, which allegedly include a number of DWI-related incidents. According to reports, New Jersey state motor vehicle records indicate that the driver had four DWI/drug DUI arrests at the time of the accident in question. This is of particular interest to Ocean County authorities as state law requires a mandatory 10-year license suspension for any motorist arrested for a third DUI within 10 years of their second DUI arrest.
Driver in Accident That Killed Barnegat Man Receives Traffic Summonses, October 26, 2011
As New Jersey DWI defense attorneys, I and my colleagues routinely meet individuals accused of driving under the influence of alcohol, doctor-prescribed medications (drug DUI), and even illicit drugs and illegal substances, such as cocaine, marijuana and methamphetamine. In all these cases, the circumstances are going to be slightly different, although the outcome of any one drunk driving or impaired driving case can mean stiff fines and monetary penalties, loss or suspension of driver's license, and occasionally jail time.
Just as in many counties across the state, Hudson County has its own problems with drivers who either choose to drive while intoxicated or may not have understood how drunk they may have been at the time of their arrest. The following news items illustrate the ways in which drivers can find themselves in trouble with the law.
Jersey City Police Arrest Man for DWI after High-speed Chase
A man from East Orange was arrested by police following a high-speed car chase in Jersey City. According to police reports, a Pontiac Grand Am was seen hitting another vehicle in the northbound lanes of Kennedy Blvd, then blowing though a red stop signal before turning east on Danforth Ave. Police gave chase, but the suspect apparently did not pull over; rather the driver reportedly ignored another red light and then drove away on Old Bergen Rd with its lights allegedly turned off.
Road Rage Incident Nets Driver with DWI and Assault Charges
Police charged a driver from Union City, NJ, with driving while intoxicated following an incident where the motorist allegedly assaulted the driver of a garbage truck. According to news reports, the arrest took place on a Tuesday morning in November after the suspect allegedly stopped to yell at a garbage truck driver who had stopped in the street to pick up trash.
Police reports show that the 39-year-old man had been traveling north along a stretch of 20th St. a little past two in the morning when he attempted to pass the garbage truck. According to news reports, the driver apparently got out of his vehicle and began yelling at the truck driver, after which he began waving a knife, with which he then reportedly tried to puncture the truck's tires.
Jersey City police officers arrived on the scene and arrested the man for numerous offenses, including aggravated assault, possession of a weapon, and DWI. According to police reports, the suspect had the odor of alcohol on his breath and was visibly drunk. He was taken into custody and held at the county jail.
Off-duty Hoboken Police Officer Charged with Drunk Driving
Following an early morning rollover accident along a stretch of Clinton Street, police arrived to find an off-duty cop at the wheel of his damaged vehicle. The scene of the accident also included a number of parked cars that had been hit by the officer's personal car.
Based on news articles, the off-duty patrolman has been with the Hoboken police department for the past 11 years. He was charged with DWI and apparently placed on desk duty pending the outcome his drunken driving case.
Drunk Driver Crashes Car in Kearny, NJ
A 49-year-old driver was arrested and charged with DUI after he apparently crashed his vehicle into a stand of trees along a stretch of the New Jersey Turnpike. The Lake Hiawatha resident was reportedly exiting the Kearny Twp. interchange when he apparently lost control of his SUV and left the roadway.
According to reports, the vehicle drove off the left side of the road at about 2:30am. Police officers arriving on the scene stated that the driver sustained non-life-threatening injuries. While University Hospital in Newark, doctors reportedly confirmed to police that the driver was drunk; police subsequently charged the driver with DWI. There were no other occupants in the suspect's crashed sport utility vehicle according to New Jersey State Police.
Union City man charged with drunk driving after road rage incident involving a garbage truck, NJ.com, November 08, 2011
Jersey City police say East Orange man led them on high-speed chase through Greenville, NJ.com, November 02, 2011
49-year-old man charged with DUI after flipping his SUV, NJ.com, October 19, 2011
Hoboken off-duty cop charged with DWI, NJ.com, October 14, 2011
]]>As New Jersey drunk driving defense lawyers, I and my team of experienced DWI attorneys have years of experience in representing motorists accused of driving while intoxicated; operating a vehicle under the influence of a controlled substance such as marijuana or cocaine; or any of the many other alcohol and drug-related traffic violations, such as breath test refusal, underage drinking and driving, and repeat DWI offenses.
The legal penalties for individuals convicted of alcohol and drug DUI traffic offenses can be quite stiff, making it crucial that one consult a qualified drunken driving defense attorney before heading into court. Whether you want to fight the charges or not, it is always a good idea to understand your options when one's license and hard-earned savings are on the line.
]]> Earlier this past fall, the passenger of a vehicle stopped by Clinton Township police officers was arrested and charged with possession of a dangerous controlled substance (CDS). The incident was precipitated, innocently enough, when the occupant asked an officer for help in getting to his destination. This episode is just one example of how easily a person can get in trouble with the law without realizing the consequences of his or her actions.According to news articles, the arrest occurred a little before noon on a Thursday morning in October. Police reports indicate that a Clinton Twp. patrolman was handling a routine traffic stop along a stretch of Rte 639 near the intersection of Prostak Ln. The officer was reportedly approached by a 41-year-old out-of-state man who was a passenger in a '04 Lexus sport utility vehicle.
In the course of their conversation, the patrolman noticed what he believed to be a whitish powder under the man's nose. The officer also reportedly observed that the man appeared to be under the influence of some kind of CDS that was apparently impairing him to some degree or another.
Following the encounter, the officer apparently asked the driver of the vehicle if he could perform a consensual search. The result of that search turned up a variety of evidence, including prescription medicines hidden under the vehicle's dashboard. Police records showed that some of the medicine was contained in prescription bottles prescribed to suspect, while others were not. Many of the drugs were allegedly packaged in dime bags, according to police.
The officer in charge took the evidence into custody and charged the suspect with unlawful possession of a prescription legend drug. The man was subsequently released, likely pending a court date.
Car passenger asking Clinton Twp. Police Officer for directions charged with drug possession, NJ.com, October 14, 2011
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.
]]> State law specifies that driving is strictly prohibited when a motorist is impaired by drugs such as marijuana or cocaine, as well as narcotics -- including prescription drugs such as morphine. From a technical point of view, here in New Jersey the standard of proof needed to establish a drug DWI (narcotics or other CDS) has been established in the 2006 case of State v. Bealor. Furthermore, the case law that establishes the definition of a narcotic for purposes of DWI offenses is found in the 1975 decision from State v. DiCarlo.Because New Jersey's implied consent law is limited to only alcohol, a motorist is not legally required to provide a blood, breath, or urine sample if he or she is of driving under the influence of drugs. However, for commercial truckers -- or anyone for that matter with a commercial driver's license (CDL) -- there is no exemption and the law requires these commercial operators to submit to a chemical test if they are suspected of drug DUI or if he or she is involved in a traffic accident.
A short time ago an out-of-state driver was arrested by police in Hudson County and charged with driving under the influence of a CDS. According to reports, a 56-year-old West New York man was driving a '98 Honda down 58 Street just after 2am early on a Sunday morning when a police vehicle responding to a separate call was apparently hit by the suspect after the Honda missed a stop sign at the Hudson Ave. intersection.
Police reports indicate that the man then drove away from the crash site; giving chase, police caught up with the suspect's vehicle and made a traffic stop. The driver reportedly got out of his vehicle and apologized to the officers and, at the same time, police noticed evidence of what appeared to be cocaine powder beneath the driver's nose. Officers reportedly also detected the odor of alcohol on the man.
Police determined that the driver was overly intoxicated; so much so that they decided not to ask the suspect to perform any of the standardized field sobriety tests. The man was arrested at a small bag of cocaine, apparently discovered on his person during a pad-down, was also recovered. Police transported the suspect to Palisades Medical Center to have blood drawn. A passenger, who was apparently not charged, was also taken to the hospital for medical treatment of reportedly minor injuries.
West New York man charged with assault by auto, DUI, possession of controlled substance: cops, NJ.com, October 20, 2011