New Jersey DWI Lawyer Blog

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

LyndhurstA 56-year-old out-of-state woman was arrested and charged with DWI after she apparently left the scene of a minor accident. According to police reports, officers were called to the scene of a motor vehicle accident on a late Monday afternoon, from which one of the drivers had subsequently left. At nearly the same time, police received reports of an allegedly intoxicated person in a Quality Inn parking lot across the street from the accident. The woman was taken into custody and eventually released on summonses.

East Rutherford
A 21-year-old Weehawken, NJ, female resident was stopped by police after officers observed the driver make a U-turn along New Jersey's Route 120 and in the process hit the center divider of the highway. After pulling over the suspect's car police determined that the woman was apparently intoxicated. Officers noticed a plastic bag in the vehicle, which the driver eventually identified as containing marijuana. She also admitted to police that she had planned to sell the controlled dangerous substance (CDS). The woman was arrested and charged with multiple violations including possession of CDS under 50 grams and possession of marijuana with intent to distribute.

A Hasbrouck Heights man was arrested for drunk driving after several people called police to report a vehicle hitting a light pole around 7am. The 54-year-old driver was located by officers not far from the accident scene in a vehicle matching the description provided by the witnesses. Officers asked the driver to perform several field sobriety tests, which he allegedly could not complete successfully. He was given a breathalyzer test that returned a blood-alcohol content (BAC) of 0.18, according to police.

A Passaic, NJ, man was arrested in the early morning hours on a Sunday after officers reportedly observed him peel out from a stop sign on Carlton and Paterson avenues, then accelerate quickly. The man was pulled over and allegedly could not successfully complete the field sobriety test, and his blood alcohol levelwas 0.18, according to police. He was subsequently released to a responsible party.

A local man was arrested on a Tuesday and charged with possession of CDS in a motor vehicle. The arrest followed a traffic stop after officers noticed a vehicle being driven erratically. As the man exited his vehicle, a paper towel tube allegedly containing crack cocaine fell out of the vehicle. Officers took the driver into custody charging him with possession of crack cocaine, careless driving, being an unlicensed driver, failure to exhibit a driver's license and possession of CDS. He was issued summonses and released.

BLOTTER: 07/22/10 issue, LeaderNewspapers.net, July 22, 2010

Dozens of arrests for drunken driving are performed by New Jersey law enforcement personnel every week in the Garden State. As New Jersey drunk driving defense lawyers, I and my colleagues have seen just about every kind of DWI and drug DUI case, yet nothing surprises us much these days. On any given shift, state police, county sheriff and local municipal police officers pull over and otherwise stop and charge motorists with driving under the influence of alcohol.

From the initial traffic stop to the actual arrest and then performance of a blood-alcohol content (BAC) breath or blood test (to determine if a driver is legally intoxicated), the process of being charged and possibly convicted of drunk driving can be a scary prospect for many people. Beyond simple monetary penalties, a DWI or drug DUI conviction can result in loss of employment and can potentially ruin personal and business relationships. The following accounts of North Arlington drunk driving arrests are typical of those encountered around the state.

Drinking and Parking
Police were summoned in the late afternoon of June 20 to the parking lot of a CVS drug store following the report of a drunken driver. The caller to 911 reported that a car, which had been traveling on Schuyler Avenue and that swerved across a double yellow line, had subsequently pulled into the CVS parking lot. Officers arriving on the scene approached the suspect vehicle and soon detected the smell of alcohol on the operator's breath. The driver was identified as a 53-year-old Bloomfield, NJ, resident. The man was asked to perform several field sobriety test, which he reportedly failed. He was arrested for driving while intoxicated and issued a DWI summons.

Tailgating Under the Influence
Less than 24 hours later, in the early morning of June 21, a police traffic police patrol on the Bellville Turnpike spotted a vehicle driving erratically, swerving along the road and tailgating the vehicle ahead of it. According to police reports, the officers pulled the vehicle over and conducted a routine traffic stop. During the stop patrolmen noticed the scent of alcohol on the driver's breath. The 32-year-old woman driver from Sayreville failed a field sobriety test and was then arrested for driving under the influence of alcohol. Officer took the man to police headquarters where he apparently refused a breath test. He was issued summonses for drunk driving, tailgating another vehicle, failure to keep right, careless driving and breath test refusal.

Sleeping Off an Apparent DWI Accident
The next day another driver was arrested for drunken driving after police arrived at the scene of a motor vehicle accident on Garden Terrace just off Ridge Road. Officers found the vehicle smashed up against another parked car. The 30-year-old Lyndhurst woman was still in the vehicle, reportedly slumped over in the driver's seat. Police observed that she was very lethargic and nearly unconscious. Officers sent the woman to Clara Maass Medical Center for medical attention. She was later arrested and charged with DWI and careless driving.

North Arlington: Police Blotter, NorthJersey.com, July 1, 2010

Some drug arrests have been known to start with a DWI or drug DUI traffic stop. There's usually some reason for the initial stop, but a driver speeding down the highway is not a hard mark for a drunk driving or traffic enforcement patrol. A recent news report from Bergen County, NJ, shows the lengths that local police officers will go to apprehend a suspected drunken driver. As a New Jersey DWI defense lawyer, my legal experience includes years of defending motorists charged with driving while intoxicated either by alcohol, illicit drugs or prescription medications.

According to reports earlier this month, law enforcement officers from a number of towns in the vicinity of Mahwah, NJ, joined in a high-speed chase that began when a 1992 Toyota Celica was observed speeding along Route 17 in Mahwah around 2:30am. At that time, Mahwah Police Officer Stacy Conley apparently attempted to block the vehicle by pulling his patrol car across the highway with lights on. However, the Celica avoided the officer by veering onto the shoulder and kept traveling southbound at a high rate of speed.

The Celica's driver, 26-year-old Shahan Momin, was eventually being pursued by police vehicles from Bergen County, Paramus, Rutherford and Lyndhurst. Toward the end of the chase, Momim reportedly tried to pull of of 17 onto Route 3 but lost control of his vehicle, which rolled several times ending up in an opposing lane of the roadway.

Police quickly swarmed the suspect's vehicle taking Momim into custody by Mahwah police officers. Momin, a New York resident, was transported by Lyndhurst EMS to Hackensack University Medical Center, where police said he was treated and admitted for serious back and arm fractures.

A subsequent search of the man's car turned up a1.5 pounds of marijuana as well as various pieces of pot paraphernalia in the trunk. During his hospital stay, Momim was given a blood-alcohol content (BAC) test which revealed he was legally intoxicated. He was also charged with operating a vehicle without insurance.

From the search, police added charges of pot possession with the intent to distribute. The man was also hit with charges of eluding police, DWI, speeding, unsafe lane change, failure to yield to emergency vehicles, reckless driving, having a controlled dangerous substance (CDS) in a motor vehicle, and being uninsured.

Mad chase leads to crash, DWI, lots of pot, CliffViewPilot.com, June 6, 2010

Arrests for driving while intoxicated can happen nearly any time and almost anywhere. As a New Jersey DWI attorney, I have represented numerous motorists accused of drunken driving where a seemingly simple fender-bender precipitated into a full-blown drunk driving arrest.

Lyndhurst, like that most other Garden State municipalities, sees its share DWI, drug DUI and breath-test refusal cases every month. Some of these cases arise out of normal traffic enforcement, while others are called in by citizens who believe they have observed drunken driving behavior. Not long ago, a Lodi, NJ, man was arrested and charged with driving under the influence of alcohol following an accident at a local Lyndhurst Wendy's fast food restaurant.

According to news reports, Lyndhurst police officers responded to an early morning call from the manager of a Wendy's on Ridge Road. The call, which came in just before 2am, alerted police to an incident at the restaurant where a light-colored vehicle apparently collided with the drive-through window before the driver, later identified as John Finn, fled the scene.

Police reports indicate that the driver and a 24-year-old passenger had pulled up to the restaurant window before realizing that the establishment was closed for the night. Realizing that the store was closed, Finn apparently attempted to exit, but instead crashed into the drive-through window, according to police.

After a search by the police, Finn and his vehicle were located several blocks north of the restaurant on Summit Avenue. The car, which police said had apparently been disabled due to front-end damage on the driver's side, also had a broken windshield.

According to news reports, Finn was arrested at the scene and taken to the Lyndhurst Police Department where he was charged with DWI. He had sustained minor lacerations to his face and hand, both of which were treated at police headquarters. Finn also received a summons for leaving the scene of an accident, police said.

Finn's vehicle was impounded and he was later released on his own recognizance. The passenger was not charged.

Police: Man drove through drive-thru window at Wendy's, LeaderNewspapers.net, April 30, 2010

Not a single days goes by that some New Jersey motorist is pulled over by a State Police trooper or local law enforcement officer for some traffic infraction. It is not uncommon for such routine traffic stops to turn into drunk driving arrests, for a number of reasons. As a New Jersey DWI defense attorney, my office provides a valuable service to individuals accused of driving under the influence of alcohol or prescription drug DUI.

Regardless of the circumstances, it is foolish to "take your medicine" and not fight a drunk driving charge. This is especially true for persons with jobs that require a valid driver's license and an unblemished driving record. Even those people who do not rely on driving to support themselves and their family, a DWI conviction can have a lasting effect on an individual's standing in the community and with their friend and relative.

The two recent arrests in Lyndhurst, NJ, illustrate the way in which motorists can be singled out by police and eventually charged with operating a motor vehicle while intoxicated.

Late on a Saturday evening, Lyndhurst police officers observed a vehicle allegedly speeding on a surface street around 11pm. After apparently failing to stop for a pedestrian in a nearby crosswalk, 29-year-old Mary Murillo of Hasbrouck Heights was stopped by officers near Valley Brook and Grant Avenues. During the traffic stop officers apparently detected signs of alcohol consumption on the driver's part. Murillo was charged with drunk driving, as well as being issued summonses for careless driving and failure to stop for a pedestrian in a crosswalk.

Earlier that same evening, an incident involving underage drinking was recorded by Lyndhurst police. Based on a report of drunken individuals on the property of Columbus School, police officers arrived at the scene around 9:40pm to find that several allegedly intoxicated juveniles had moved to Third Avenue near Ridge Road. Based on the police report, two youngsters -- a 17-year-old male and 16-year-old female -- were with a 19-year-old male who was allegedly in possession of alcohol. According to police, the three were taken into custody.

Following the incident, the two younger juveniles were turned over to their parents without charges being filed against them. However, the 19-year-old, an Ebenezer Fobe of Lyndhurst, NJ, was charged with underage consumption of alcohol.

Lyndhurst: Police Blotter, NorthJersey.com, April 29, 2010

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

Marijuana CDS
In a possible drug DUI incident in North Arlington, NJ, two 20-year-olds in a light truck were stopped by a police officer who had been alerted by local residents to a possible marijuana drug deal going on in a local neighborhood. The traffic stop occurred on Belmont Avenue just before 4pm on a weekday. When the two men -- who apparently were passengers in the truck -- denied holding any marijuana, the officer told them that he would call in a drug sniffing dog to investigate. At that point, one man reportedly ran from the scene. He was eventually caught and arrested. Both he and the other 20-year-old were charged with possession of controlled substances and later released on summonses.

In Lyndhurst on a Saturday evening, police approached an apparently suspicious looking car that was sitting in a lot on Chubb Avenue. As officers approached the occupied vehicle, they could detect the reportedly strong odor of marijuana coming from the car. Based on police reports, a 15-year-old passenger and resident of Belleville, NJ, was charged with possession of marijuana.

Drunk Driving
In Rutherford, a 25-year-old woman was charged with DWI in the early hours on a weekday morning. The driver was pulled over after an officer noticed a cracked left taillight on her vehicle. The patrolman reportedly observed the woman's vehicle swaying and traveling over the speed limit on West Erie Avenue near Hackett Place. Failing to pass a field sobriety test, she was taken to headquarters where her blood-alcohol content (BAC) was measured at 0.18 percent. She was released to a responsible party.

In Lyndhurst a 53-year-old local resident was charged with DWI after he allegedly sideswiped a parked car on Kingsland Avenue late at night. Police allege that the man did not stop after hitting the car and refused a breath test when he was pulled over. He was issued a series of summonses, including DWI, leaving the scene of an accident, driving while suspended and operating an uninsured vehicle.

In another, early morning Lyndhurst traffic stop, police pulled over a vehicle on Riverside Avenue after officers observed the driver make a turn without signaling. Pulling over the 42-year-old Hoboken resident, officers noticed evidence of alcohol. The man was arrested and charged with DWI, as well as issued a summons for failure to signal a turn and for driving with a burned-out taillight. The driver was eventually released on summonses.

BLOTTER, LeaderNewspapers.net, March 25, 2010

BLOTTER, LeaderNewspapers.net, March 18, 2010

Lyndhurst: Police Blotter, NorthJersey.com, March 11, 2010

A former Yankee and Mets ball player was recently collared by New Jersey police on charges of driving under the influence of drugs. According to news reports, 45-year-old Dwight Gooden -- major league baseball ace pitcher -- was allegedly operating a motor vehicle in a drug-impaired condition with a child riding as a passenger.

As a New Jersey drunk driving defense lawyer, I know how serious this kind of charge can be, especially when a minor child may have been knowingly or unknowingly put in jeopardy because of the driver's actions. This is why I always recommend that people who are accused of DWI, drug DUI, breath test refusal or other traffic offense tied to driving while impaired contact a qualified legal professional as soon as possible.

In this case, Gooden was placed under arrest on a Tuesday morning for the drug DUI offense as well as reckless driving and leaving the scene of an accident. The fact that the man may have been involved in a possible accident makes the situation that much more critical.

Police reports show that Gooden was involved in a traffic accident just before 9am while driving his five-year-old son to school. The accident occurred in Franklin Lakes, NJ, on Old Mill Road, after which Gooden apparently drove off. News reports indicate that the man has already served jail time in the past for drug abuse.

Police have lodged a list of charges against the former MLB pitcher, including being under the influence of a controlled dangerous substance (CDS), endangering the welfare of a child, DWI with a child passenger, leaving the scene of an accident, reckless driving, failure to keep right and failure to notify change of address regarding driver's license. The police reportedly would not disclose the type or kind of drugs that were involved.

Dwight Gooden Busted for DWI in New Jersey, NBCNewYork.com, March 24, 2010

While fighting a DWI arrest is a fairly common practice, fighting a drunken driving charge after "blowing" a double-zero on an Alcotest device is somewhat out of the ordinary. As a New Jersey DWI defense attorney, I and my colleagues are certified in the proper use, operation and maintenance of the Alcotest breath testing machine typically in use by most all of New Jersey's police departments and state DWI enforcement agencies.

According to a recent news article, a Garfield, NJ, man was charged with driving under the influence of alcohol even after he registered a 0.0 percent blood-alcohol content on not one, but two supposedly well-maintained and correctly calibrated Alcotest devices. Regardless, Fair Lawn police charged 20-year-old Dariusz Palka with DWI anyway.

Based on police reports, Palka was pulled over around 2am at a DWI sobriety checkpoint on Broadway and 17th Street while traveling in the city with a number of buddies back on December 19. The friends were reportedly looking for a place to eat as the reason for their late night drive.

Based on police reports, the officers at the checkpoint allegedly detected the odor of an alcoholic beverage coming from the vehicle, after which Palka was asked to step out of the vehicle and take a field sobriety test. According to police, the driver failed several of these sobriety tests and was subsequently placed under arrest.

Reports indicate that officers also discovered an allegedly fraudulent inspection sticker on Palka's Ford Explorer and removed the item as evidence.

Police took the man back to police headquarters where he submitted to a breath test on two separate Alcotest machines about an hour following the initial stop at the checkpoint. According to reports, neither the Bergen County Police Department nor the New Jersey State Police had a drug recognition expert available so Palka was not evaluated for possible drug usage.

Although the man observed that he likely failed the field sobriety tests because he suffers from insomnia and had not slept in about 24 hours, police decided to charge Palka with "operation of a motor vehicle by a person whose blood alcohol is between 0.01 percent and 0.10 percent and is under the legal age to purchase alcoholic beverages. The man entered a not guilty plea and was prepared to go before the Fair Lawn Municipal Court in regard to this charge.

Man charged with DWI with 0 blood alcohol level content, NorthJersey.com, February 11, 2010

A number of recent DWI and controlled/dangerous substance (CDS) arrests in Bergen County, New Jersey, illustrate the ease and frequency of drunk driving and drug DUI arrests around the state. As a New Jersey DWI defense lawyer, my aim is to help my clients get a fair trial and to defend each individual against potential abuses or procedural errors on the part of the police.

Drunken driving has become a serious offense in New Jersey, as well as across the United States. This does not change the fact that every person accused of or charged with a DWI offense is considered innocent until proven guilty. As a former municipal prosecutor, I understand the techniques used by law enforcement to attain drunk driving convictions. The following news items reflect the kinds of arrests that occur on a weekly basis here in the Garden State.

Lyndhurst
A 33-year-old Rutherford man and a 32-year-old man from Lyndhurst, NJ, were each arrested on a late January evening in what could have been a drug DUI incident following a complaint of illegal fireworks in the 100 block of Copeland Avenue. Police identified a vehicle that allegedly left the scene of the incident and conducted a standard motor vehicle stop. In the course of the arrest, one of the occupants was charged with possession of a prescription drug without a prescription. The other man was charged with possession of marijuana, and found to have a $400 outstanding warrant. Both were subsequently released on summonses.

Rutherford
A 34-year-old New York man was arrested on a Thursday morning in late January for DWI and careless driving following a motor vehicle stop on westbound Route 3. According to police, the suspect was allegedly passed out behind the wheel when the officers approached the man's vehicle. He was transported to Meadowlands Hospital due to his apparently high level of intoxication. Police later released the motorist on summonses.

A 20-year-old Kearny driver was arrested on January 30 in the early morning hours for DWI and failure to keep right. Police reported that the suspect made an illegal left turn onto Station Square and then began driving the wrong way before officers pulled him over. The driver reportedly failed a field sobriety test and later registered a 0.12 percent reading on the breath test. The man was subsequently released on summonses.

East Rutherford
A Rutherford resident was arrested in the early morning hours of a Sunday, charged with DWI. According to reports, witnessed flagged down a patrolman regarding a vehicle that had been observed swerving on southbound Route 17. Police reported locating the vehicle and its 25-year-old driver in a parking lot on the corner of Hoboken Road and Enoch Street. The motorist allegedly failed a field sobriety test, after which he was transported to Hackensack University Medical Center due to his being visibly impaired by alcohol.

Continue reading "New Jersey Drunk Driving Defense: Bergen County DWI and Drug DUI Police Blotter" »

According to a recent news article, Cliffside Park police set a new record for drunken driving arrests in 2009. As a New Jersey drunk driving defense lawyer, my firm represents motorists from Bergen County as well as Essex, Mercer, Union, not to mention other areas around the Garden State. Being arrested for driving while under the influence of alcohol or prescription drugs is the first step toward a conviction for DWI or DUI, which can be a serious and costly way to pay for lack of foresight.

Based on the news report, Cliffside Police stated that there were more DWI arrests in the municipality during 2009 than any other past year since records have been kept. Law enforcement officials say that the higher number of arrests for driving while intoxicated goes to increased drunk driving patrols and the additional use of sobriety checkpoints.

The number of arrests in Cliffside Park last year totaled 102 for alcohol-related charges. The money to support the new checkpoints reportedly came from the Cliffside Park Police Department State Drunk Driving Enforcement Fund. For this borough police established two separate DWI checkpoints and operated approximately 12 additional drunken driving patrols. The state funds that support added DWI enforcement come from legal fines and bottle taxes that eventually find their way back to the municipalities.

According to Cliffside Park police, the department made 87 DWI arrests in 2008. That was up from 58 in 2007 and 48 drunk driving arrests in 2006. This year-over-year increase may be a result of ever increasing drunk driving enforcement. It is said that Cliffside Park has one of the more proactive anti-DWI police departments in the county.

Almost all borough officers are Alcotest and radar-certified and have attended advanced DWI Training, including Standardized Field Sobriety Testing and Horizontal Gaze Nystagmnus.

Cliffside Park PD nets record number of DWI arrests, NorthJersey.com, January 8, 2010

Now that we're several days into the New Year, I'll say it once again: New Jersey law enforcement agencies and local police continue cracking down on drunken driving around our state. New Year's Eve may be one of the more common times to find motorists drinking and driving, but every day has the potential for many drivers to be caught driving under the influence of alcohol.

As a New Jersey DWI defense attorney, I and my staff spend our days defending people accused of driving while intoxicated or driving under the influence of prescription drugs. Whether deliberate or not, the police and society have virtually no tolerance for this kind of traffic offense. A recent news article highlighted just a few of the countless DWI arrests that occurred throughout New Jersey this past New Years.

Based on preliminary police reports, there were at least 10 drunken driving arrests on the roadways in Bergen and Passaic counties as the clock struck midnight and people from all over rang in 2010. And while it appears that DWI-related fatal accidents were down this year, there were numerous drunk driving arrests throughout the evening and early morning hours of January 1.

According to new reports, Passaic County was free of DWI arrests on Thursday and Friday. According to the Passaic County Sheriff's Office, weather was likely a large contributor to the significant reduction in arrests. However, on non-county roads in Passaic County, and across Bergen and Morris counties, 10 people were arrested on driving while intoxicated charges.

At the time of the report, New Jersey State Police did not have a final tally of the total number of DWI arrests on State Police-patrolled highways during the holiday weekend, but it appeared that no fatal accidents occurred between New Year's Eve and into Friday morning on those roads.

Local police in Teaneck , Passaic and Fairview also reported three DWI incidents each between 11 p.m. Thursday and 7 a.m. Friday. In Fairview , police arrested a man after a traffic stop at 91st Street and Kennedy Boulevard , just over the North Bergen border, about 5:10 a.m. Friday, police said.

Clifton police arrested an alleged drunk driver on the Garden State Parkway who sent two people to the hospital with non-life-threatening injuries Thursday morning. Sarah Wallace, 22, of Lodi , was driving an Infinity G37 in the northbound right lane near Route 3 when she tried to crossover to the left lane, allegedly hitting a Nissan Murano in the center lane just after midnight, according to police. The Murano overturned twice and landed upright on the right shoulder.

Police report 10 New Year's drunk driving arrests on North Jersey roads, NorthJersey.com, January 1, 2010

In New Jersey the law covering underage drinking and driving leaves little to the imagination. An individual must be 21 years of age or older to buy, be in possession or consume any type of alcohol-containing drink or beverage. In short: underage drinking is unequivocally defined as illegal. Because the state has such a strong stance against underage drinking, the legal consequences for this activity are severe under New Jersey law, especially when it comes to operating a motor vehicle while under the influence of alcohol.

Whether or not a youth is stopped for DWI, simply being convicted of drinking as a minor could affect that child's future driving privileges. As a New Jersey drunk driving defense lawyer, I know the negative impact that DWI and underage DWI can have on an individual now and in the future. For kids, this is not an area of the law they would want to experience. As a parent, it would behoove you to talk to your child about the consequences of underage drinking and underage DWI.

In this state, if a person under 21 years old is arrested for purchasing or consuming an alcoholic drink in an establishment licensed to sell alcohol, he or she could be fined $500, as well as lose their driver's license for up to six months. Parents take note here, because even if your child does not yet have a driver's license that potential suspension will start when the youngster is first eligible to receive his or her license. Furthermore, a young person who violates underage drinking laws may also be required by the court to attend an alcohol treatment or education program.

Anyone under 21 caught with even the slightest amount of alcohol in their system -- that is, a blood-alcohol content of 0.01 or more -- will be subject to: 1) the loss or postponement of driving privileges for 30 to 90 days; 2) fifteen to 30 days of community service; and 3) Successful completion of the program requirements of an Intoxicated Driver Resource Center or an alcohol education and highway safety program.

The Law Offices of John F. Marshall has a great deal of experience defending youngsters charged with underage DWI. I personally have been defending clients in New Jersey Municipal Courts for 15 years. Having worked as a municipal prosecutor earlier in my career, I know first-hand how the prosecution tends to approach such cases.

Because of my background as a New Jersey drunk driving defense lawyer and former DWI prosecutor for numerous local municipalities, I and my firm have the experience to help those drivers accused of driving while intoxicated in the Garden State. Hundreds of drunk driving arrests happen each month. Bergen County, like all parts of New Jersey, gets its fair share of drunken driving traffic offenses every single week.

My stance is that any individual who is charged with DWI, prescription drug or illicit drug DUI, or breath test refusal should retain a qualified drunk driving attorney to see their case through our complicated judicial system. The following police reports are just a small sampling of the typical DWI and marijuana and drug DUI cases that our courts see every year.

North Arlington
A 41-year-old man from Kearny, NJ, was arrested on a recent Sunday evening for driving under the influence, as well as careless driving. The arrest came after a vehicle crash near Union and Schuyler avenues. Based on a 911 call from a local resident living on Union Avenue, police responded to the scene of a red Kia Sportage SUV, which had apparently struck a telephone pole. Officers found the driver at the scene with his vehicle, which police report had front-end damage. According to police, the driver failed the field sobriety test, after which his vehicle was impounded. The man was released on summonses to a responsible party.

A local woman was arrested in the early morning of Sunday November 29 for driving while intoxicated. According to police reports, officers had driven the 27-year-old home due to her intoxication earlier in the evening, but later discovered her driving along Belleville Turnpike at Argyle Place. Officers pulled the woman over and requested she perform a field sobriety test, which she failed. Her white Honda was impounded and she was released on DWI summonses to a responsible party.

A 32-year-old Union City man was arrested Friday, December 4, in the early morning hours for DWI and careless driving. The arrest occurred following a motor vehicle stop on Ridge Road just off the Belleville Turnpike. Police reported that the man failed a field sobriety test. His car was impounded and it was found that he had a $50 traffic warrant out of Montclair. He was released on summonses to a responsible party after posting bail.

Continue reading "New Jersey DWI and Drug DUI Police Blotter: North Arlington and East Rutherford, NJ" »