Recently in Breath Test Refusal Category

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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February 7, 2010

New Jersey Drunk Driving News: Former NJ Nets Player Must Wear Alcohol Monitor following DWI Accident

When it comes to arrests for drunken driving the law does not discriminate between well-known and famous personalities and the everyday man or woman. In New Jersey, whether you live in Bergen, Union, Monmouth or Atlantic counties, an arrest for driving under the influence of alcohol can have a negative impact on a person's life and livelihood. A drunk driving conviction can haunt someone for years, if not for the rest of your life.

As a New Jersey DWI defense lawyer, I have represented a range of persons accused of driving while intoxicated. In a court, everyone should be treated equally in the eyes of the law. Recently, news reports covered the drunken driving arrest of former New Jersey Nets basketball player who allegedly crashed his vehicle into a tree in the Manhattan area in early January.

According to news articles at the time, retired NBA player, Jayson Williams suffered cuts to his face and a small fracture to a bone in his neck after allegedly running his Mercedes sport utility vehicle into a tree just after 3am. He was subsequently transported to Bellevue Hospital for treatment of his injuries.

Based on police reports, Williams refused to submit to a breathalyzer test, however law enforcement officials obtained a warrant to test his blood while he was hospitalized, which led to his being charged with DWI.

Not long ago, Williams pled guilty to aggravated assault in connection with the 2002 death of a limousine driver, during which the former New Jersey Nets player was allegedly drinking alcohol.

According to news reports, following the DWI accident, Williams was ordered by the court to wear an alcohol monitor, known as the Secure Continuous Remote Alcohol Monitor, which monitors perspiration for alcohol content.

Jayson Williams must wear alcohol monitor, DigitalSportsDaily.com, January 25, 2010

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February 3, 2010

Off-duty NJ State Police Sergeant Charged with DWI, Breath Test Refusal after Warren County Crash

Having worked both sides of the aisle as a former New Jersey municipal prosecutor and now as a drunken driving defense lawyer, I am always appalled whenever I hear of a law enforcement officer being arrested for any alleged crime. Not long ago, an off-duty sergeant of the New Jersey State Police was charged with DWI as well as refusal to submit to a breath test following a traffic accident in Warren County, NJ.

Over the years, I have worked closely with the police all across New Jersey, so I understand how much pressure their job can entail. However, as a DWI defense attorney I find it the height of hypocrisy when a police officer fails to live up to the standards that all citizens are expected to observe. In the recent case of this officer's arrest for driving under the influence of alcohol, the incident also involved a traffic accident with alleged injuries.

According to news reports at the time, the officer was suspended pending an investigation into the December 17 drunk driving-related two-vehicle crash on Route 517 north of Hackettstown. According to police reports, Sgt. Steve Pelligra, 45 was suspended without pay. Pelligra is assigned to state police at Hope Township.

Reports indicate that the off-duty officer, a resident of Sussex County, was driving a Nissan Frontier pickup north on Route 517 when his vehicle crashed into the driver's side of a southbound 1999 Pontiac Grand Prix driven by Scott Lehnes of Vernon, NJ.

The crash occurred around 10pm near Johnson Road just north of the Route 517 interchange on Interstate 80. Police reports state that Pelligra apparently fled the scene following the crash. Reports at the time did not include information on the extent of injuries of either driver involved in the crash.

Nevertheless, police were able to identify the officer and when requested to take a breathalyzer test, he refused. Pelligra was reportedly with breath test refusal, leaving the scene of a crash and failing to report an injury accident. A person who is convicted for the first time of refusing to submit to a breath test faces a driver's license suspension between seven months and one year.


N.J. officer suspended after off-duty DWI crash, PoliceOne.com, December 28, 2009


New Jersey state trooper drunk when he caused Allamuchy Twp. accident, police say, LehighValleyLive.com, December 24, 2009

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January 18, 2010

NJ DWI and DUI Police Blotter: Drunken and Impaired Driving News from Across New Jersey

As a New Jersey drunk driving defense lawyer, my office represents dozens of clients accused of a range of traffic offenses including driving under the influence of alcohol, prescription and illicit drug DUI, breath test refusal and other DWI-related charges. Not every drunken driving arrest results in a conviction, which is due to a variety of possible scenarios and different facts attached to each case.

The following is a selection of recent drunk driving arrests across the Garden State. Whether you live in Newark, Red Bank, Atlantic City or any of other cities and towns in New Jersey, a conviction for driving while intoxicated can adversely affect your life. However, you should never assume that you have don't have options following a drug DUI or DWI arrest.


Orange
A local resident was picked up recently by police after running her vehicle up onto a curb in Orange, NJ. The incident occurred just before 2:30am on January 3, when the 23-year-old woman apparently lost control of her sedan, struck the curb and then hit a stop sign. Police responded to the accident at Orange and Elm streets apparently on a call from another motorist or resident in the area.

According to reports, police officers arriving on the scene found the woman's 2001 Mitsubishi Diamante up on the curb with damage to its front end and the right-front tire. Officers also noted a street sign, which had apparently been struck by the vehicle and was now lying in the roadway.

Police reports indicate that there were five occupants in the car, including the driver, all of which were unhurt. However, law enforcement officers observed that the suspect was slurring her words, swaying and staggering as she stood outside the vehicle. Based on these observations, officers requested the woman take several field sobriety tests, which she failed. She was charged with DWI and careless driving, according to police.


Montclair
Al local motorist was stopped by police after the officers saw a 2009 Ford Flex weaving in and out of its lane around 1:45am on January 2. According to news reports, patrolmen pulled over the 42-year-old driver near the intersection of Bloomfield Avenue and Valley Road.

Continue reading "NJ DWI and DUI Police Blotter: Drunken and Impaired Driving News from Across New Jersey" »

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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
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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November 9, 2009

Ocean County Man Charged with DWI, Aggravated Assault after Drunk Driving Stop

As a New Jersey DWI defense lawyer, my firm's primary job is to provide comprehensive representation to drivers accused of driving under the influence of alcohol, prescription drug or controlled substances. While the act of driving while intoxicated is enough to get a motorist charged with DWI or drug DUI, compounding the offense by fleeing from or fighting with a law enforcement officer is never recommended.

A recent news article shows just what this kind of behavior will net someone. According to reports, a Jackson, NJ, man was pulled for alleged drunken and erratic driving in the early evening of October 4. Officers had observed Christopher Romano's Toyota Corolla crossing lanes and moving erratically, according to Captain John Rein.

Police reports state that as patrolman Austin Kenny approached the car he could smell alcohol and asked Romano to step out of the vehicle. Romano then allegedly tried to lock himself in the vehicle.

When the 28-year-old driver, a resident of Liverpool Court in Jackson, would not get out for the vehicle, Kenny and Sgt. Michael Zolezi attempted to remove him from the car in order to have the suspect perform several standard field sobriety tests. During the removal, Romano reportedly became belligerent and started to kick officers.

After detaining Romano, police charged him with two counts of aggravated assault, resisting arrest, obstruction, driving while intoxicated, refusal to submit to a breathalyzer test, reckless driving, failure to maintain a lane, and possession of an open alcoholic container in a motor vehicle.

For his trouble, Romano was also placed in the Ocean County Jail in Toms River in default of $100,000 bail. If there is a lesson in any of this it would be to follow an officer's directions and save your energy for your defense. Our team of drunk driving defense attorneys has experience with this type of case, which makes it all the more important to contact a qualified legal professional in the event you or someone you know is arrested for DWI.


Police: DUI suspect tried to lock himself in car when pulled over, CourierPostOnline.com, October 6, 2009

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October 19, 2009

Morris Township, New Jersey, DWI Arrests and Other Alcohol-related Violations

Every month dozens of drunk driving and drug DUI arrests occur in Morris Township, NJ, as well as across the Garden State. Police departments and state law enforcement agencies have a very low tolerance for driving while intoxicated. As an experienced New Jersey DWI defense attorney, my firm has defended hundreds of motorists accused of driving under the influence of alcohol. Many of their DWI stories are reflected in the various news reports shown below.

Morris Township
A 35-year-old local man was stopped by police after he was observed driving his 1997 Ford erratically and at high speed along Madison Avenue around 10pm on a Saturday evening. Upon pulling the driver over, police said he showed clear signs of drunkenness. According to reports, when the patrolman attempted to place the driver under arrest, he allegedly resisted. Additional officers were called in and the suspect was subdued and taken into custody. He was taken to headquarters where he refused to provide breath samples. Police charged him with breath test refusal, resisting arrest, failure to stop when signaled by police, failure to change address with the DMV, failure to keep right, improper passing and reckless driving, police said. He was released pending further court action, police said.

A middle-aged female resident from Long Valley was stopped by police after witnesses reported a possibly drunk driver in a white Pontiac coupe leaving the area of the Convent Train Station. Police observed the suspect's vehicle on Madison Avenue and followed it onto I-287 South. According to police, the vehicle exited onto Harter Road and almost struck the curb and failed to stop at the end of the ramp. Police pulled the woman over on Mount Kemble Avenue and Deyong. The 51-year-old driver showed signs of intoxication, according to reports, and she was subsequently arrested and charged with DWI and failure to observe a stop sign. She was released to a friend pending further court action.

A 27-year-old resident of Morristown was stopped by police after officers observed a 2002 Ford allegedly tailgating and weaving between lanes on Interstate 287 North at about 2am on a Sunday. According to police, the male driver was charged with careless driving, improper passing and tailgating. He was released to a friend pending a court appearance.

An Oak Ridge, NJ, man was arrested and charged by law enforcement officers for driving while intoxicated on Interstate 287 North just after midnight on a Saturday morning. According to police, a 2003 Saturn was observed weaving on the northbound side of highway 287. Following the traffic stop, police charged the 53year-old motorist with reckless driving and failure to maintain lane, police said. He was later released pending further court action.


Police Blotter, DailyRecord.com, October 14, 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 22, 2009

New Jersey Drug DUI-DWI Update: Police Blotter for Mercer, Middlesex and Somerset Counties

The drunk driving defense lawyers from The Law Offices of Jonathan F. Marshall defend New Jersey Motorists against DWI, breath test refusal and drug DUI charges. The following police reports for communities in Mercer, Middlesex and Somerset counties reflect the types of cases my firm typically handles on a regular basis. A conviction for driving under the influence of alcohol can severely impact a person's current job and future career prospects, not to mention his or her standing in the community, as well as personal and business relationships.


West Windsor

  • According to reports, a resident of Cranbury, NJ, attempted to evade police on foot following a traffic stop for speeding on Old Trenton Road. The 41-year-old was chased down and eventually apprehended with the help of East Windsor police. Charged with speeding, reckless driving, driving an uninsured motor vehicle, operating a vehicle on a suspended license and attempting to elude police, the suspect also allegedly was in possession of a hypodermic syringe and reportedly had an open container of alcohol in his car vehicle.

  • A Langhorn resident was stopped on suspicion of drunk driving at South Lane and Village Road East. Following the traffic stop, police found the driver to be 19 years of age and charged him with underage DWI

  • A 29-year-old from Dayton was charged with drunken driving following a traffic stop on northbound Route 1 at Quakerbridge Road. The man was stopped for speeding and observed to be intoxicated, according to police. He was also issued summonses for speeding and reckless driving.

  • During a routine traffic stop on Quakerbridge Road near Nassau Park Blvd, a 25-year-old Pennsauken resident was charged with possession drug paraphernalia, including a hypodermic needle and after a traffic stop.
  • Plainsboro

  • A Princeton man was charged with driving under the influence of alcohol after police responded to a single-vehicle crash in the early morning hours on Sayre Drive. Police arrived on scene around 2:30am and found a 56-year-old man asleep behind the wheel of his white 2001 Lexus, which was parked on a landscaped island after apparently striking a tree. According to reports, the man was determined to be highly intoxicated and was therefore charged with DWI, failure to submit to a chemical breath test, reckless driving, careless driving, improper parking and failure to wear a seat belt.

  • A 38-year-old man from Lambertville, New Jersey, was charged with DWI after a late-night traffic stop on southbound Route 1. The motorist was pulled over at about 10:30pm after he didn't dim his high beams while passing a police officer, according to police. During the traffic stop, he was found to be intoxicated and was issued summonses for DWI, reckless driving, and failure to dim high beams.
  • Continue reading "New Jersey Drug DUI-DWI Update: Police Blotter for Mercer, Middlesex and Somerset Counties" »

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    September 9, 2009

    Bridgewater Municipal Judge Charged with Drunk Driving in Ocean County, NJ

    I've said it here before, but I'll say it again. As a former municipal prosecutor I find it hypocritical for anyone in law enforcement or the judiciary to act in a manner that suggests they believe themselves to be above the very laws to which they hold the rest of society. Being a New Jersey DWI defense lawyer, I work with municipal judges everyday when representing clients who have been charged with driving under the influence of alcohol.

    Any police officer, prosecutor or judge who doesn't live up to the same standards he or she sets for the rest of us doesn't deserve our respect. This all came to mind upon reading a news report covering the recent arrest of a Bridgewater municipal court judge on drunk driving charges in Lavalette, NJ.

    Police reports indicate that the car Rizzolo was driving was observed swerving on Route 35. Officers from the Lavallette Police Department pulled Rizzolo over, after which he explained his actions were caused by a ringing cell phone. The patrolman advised the judge that he was going to administer several field sobriety tests, including a balance test, which Rizzolo refused to take due to a bad back and injured ankle.

    According to reports, Rizzolo passed two other field sobriety tests. Soon after, he shouted that his heart hurt and had to be carried out of the police car. He further refused to submit any breath samples at the police station, nor blood samples at Community Medical Center in Toms River, where he was taken after he started to gag, according to reports.

    Based on news articles, Rizzolo reportedly served as municipal prosecutor in Raritan Borough, Somerville, Franklin (Somerset) and Bound Brook. During his tenure he prosecuted more than 750 cases involving charges of driving under the influence. According to a 2008 interview about his appointment to the Bridgewater bench, he stated that he never lost a case at trial.

    Rizzolo now must face a prosecutor and judge himself as he is scheduled to appear on September 22 in Lavallette Municipal Court. The charges are numerous, including driving under the influence of alcohol, obstruction of justice, failure to maintain lane, reckless driving, refusal to submit a breath sample and a violation of a municipal loud and unusual noise ordinance.

    As for his judgeship, news reports say that Township Administrator James Naples received Rizzolo's resignation on Tuesday, September 1, four months before his term was to expire. Taking on Rizzolo's duties for the time being is Judge William Kelleher Jr., the other municipal court judge in the township. For now, township officials will review the court's needs on a month-by-month basis to decide whether or not a second judge needs to be hired in the interim.


    Bridgewater municipal court judge facing DWI charge resigns, MyCentralJersey.com, September 2, 2009

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    September 4, 2009

    Bergen County, NJ, Police Blotter: DWI and Marijuana / Drug DUI News

    Everyday, New Jersey motorists are stopped by local and state police for drunk driving offenses, as well as driving under the influence of prescription or illegal drugs. As a New Jersey DWI and drug DUI defense lawyer, I and my staff of attorneys and experienced legal professionals work diligently to defend drivers wrongly accused of driving under the influence of alcohol and other substances. The following news items represent the types of cases we handle on a day-to-day basis.

    East Rutherford
    A Hackensack man was arrested on August 11 in the late evening for drunk driving, breath test refusal and careless driving. The 57-year-old was picked up after he was involved in an accident on Swan Court. The driver's 1990 Mercury was impounded and he was later released to the custody of his daughter.

    A man in his late 50s was arrested on July 24 for possession of cocaine, having an expired inspection sticker on his vehicle, possession of drugs in a motor vehicle and operating a car with an open container of alcohol. The arrest occurred after the man was stopped at a DWI checkpoint on Paterson Avenue and Everett Place. He was subsequently released on summonses to his wife.

    A 39-year-old from Rochester, N.Y., was arrested on August 11 in the early morning hours after he made an illegal U-turn on Route 17. The man was stopped by a patrol car and charged with DWI, refusal to submit to a breath test, illegal U-turn, careless driving and failure to signal. The driver was held in the local jail until he was deemed sober.

    North Arlington
    An 18-year-old, 19-year-old and 16-year-old juvenile, all from Kearny, were arrested in the early morning of July for possession of marijuana. The arrest occurred following an inquiry at Fisher Field off Sixth Street where police reportedly found a large quantity of cigar materials and marijuana on the pavement in the park, plus two bags of marijuana in the suspects' car. The adults were released on summonses and the juvenile was released to his parents.

    A 39-year-old man from North Arlington was arrested on July 25 for drunk driving, refusal to submit to a breath test, failure to keep right and careless driving. The traffic stop happened on Sunset and Prospect avenues. According to reports, the man's car was impounded and he was subsequently released to a responsible party pending a court appearance.

    Continue reading "Bergen County, NJ, Police Blotter: DWI and Marijuana / Drug DUI News" »

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    July 28, 2009

    Former American Idol Competitor Killed in Jersey Shore DWI Pedestrian Fatality

    The death of an innocent person is no time to say I told you so, but the recent fatal DWI accident in Ocean County involving 25-year-old American Idol contestant, Alexis Cohen, points up something that no one should ever contemplate when pulled over for driving while intoxicated. As a New Jersey drunk driving lawyer, I'm holding this incident up as an object lesson of what NOT to do. Never attempt to flee from the police. Nothing good can come of it.

    In this instance, what might have been a relatively simple case of driving under the influence of alcohol coupled with a minor parking lot fender-bender instead turned into a tragic case of vehicular manslaughter. According to reports, a 23-year-old Toms River, NJ, man had left the scene of the fender-bender next to Hemingway's Bar shortly before 4 a.m. last Saturday when his 2005 Mitsubishi Galant struck and killed Cohen, who was on foot.

    The driver, Daniel Bark, allegedly hit a parked car in the lot adjacent to the bar, after which a bicycle-mounted Seaside Heights police officer attempted to stop the man. According to news reports, Bark fled west on Dupont Avenue and turned right onto Bay Boulevard, traveling north in the southbound lane. Authorities believe that this is where Bark hit the pedestrian, Ms. Miss Cohen.

    Instead of stopping, Bark reportedly continued along Bay Boulevard for a couple of blocks until officers in patrol cars intercepted him at Hamilton Avenue as he headed for the bridge to Toms River. At the time, officers did not know that Ms. Cohen had been hit by the suspect.

    Police records show that Bark, who refused a Breathalyzer test, had a previous drunken driving conviction from April 2004, after which his driver's license was suspended for 90 days. He was arrested and issued summonses stemming from the traffic stop, including driving while intoxicated, four counts of failure to yield or stop, reckless driving, failure to report an accident, driving without insurance, leaving the scene of an accident, failure to stay to the right, refusing a Breathalyzer test, failure to wear a seatbelt, failure to obey an officer's command, careless driving and traveling the wrong way on a one-way street.

    This was all before police learned of the pedestrian fatality allegedly caused by Bark. Police re-arrested the man a day later and charged him with Cohen's death. He now has additional charges to deal with including aggravated manslaughter, death by auto and eluding police. As I said, nothing good ever comes from fleeing an officer of the law.


    Driver faces manslaughter, DWI charges in American Idol contestant Alexis Cohen's death, www.NJ.com, July 27, 2009

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    July 25, 2009

    Police Blotter: Bergen County Drug DUI and DWI Arrests

    Police throughout Bergen County had a number of dunk driving and drug DUI arrests during the first half of July. With an office in Jersey City, our drunk driving defense attorneys can handle your Bergen County DWI, DUI or breath test refusal case quickly and efficiently. We represent many clients who have experienced situations not unlike the following driving while intoxicated arrests published in the local press.

    Carlstadt -- A 56-year-old man from Ridgefield Park allegedly passed out and hit a brand new 2009 Honda Accord parked on Sixth Street near Berry Avenue this past July 9. Police arrested the man for careless driving and also found 52.6 grams of marijuana in the suspect's vehicle, as well as 54 tablets of Alprazolam. Discovery of the drugs caused the officers to write the man up for possessing drugs in a motor vehicle, being under the influence of drugs, possession of marijuana, or weed, and possession of drug paraphernalia, specifically rolling papers. The man was then transported to Hackensack University Medical Center.

    Carlstadt -- A Kearny man was stopped in the early morning hours of July 16 for speeding on southbound Route 17. During the stop, police determined that the 20-year-old man was intoxicated and allegedly had drug paraphernalia in his car. Officers then charged the man with driving under the influence of alcohol, possession of drugs in a car, careless driving, possession of marijuana and possession of drug paraphernalia (plastic dime bags). He was released on summonses to a responsible party.

    North Arlington -- A 22-year-old Lyndhurst man was arrested on July 11 in the early morning for DWI, careless driving, having an uninsured car, failure to observe stop sign and failure to wear a seat belt. The motor vehicle stop occurred on Sixth Street off Bergen Avenue. The man reportedly failed the field sobriety test. His Jeep Grand Cherokee was impounded and he was subsequently released on summonses to a responsible party.

    North Arlington -- A Nutley resident was stopped by police in the early evening of July 11 after she crossed over the double yellow several times and almost struck several oncoming cars while having her eight-year-old son in the vehicle. The 33-year-old woman was charged with drunk driving, endangering the welfare of a child and refusal to submit to a breath test. The arrest occurred on Jauncey Avenue at River Road. According to reports, the woman failed the field sobriety test. She was subsequently released on summonses to a responsible party and the child was turned over to a family friend.


    Police Blotter 07/23/09, LeaderNewspapers.net, July 23, 2009

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    July 12, 2009

    Police Blotter: New Jersey Drunk Driving and Drug DUI Arrests and Summonses

    Sparta
    A 47-year-old man from Newton, New Jersey, was stopped by police for careless driving and charged additionally with driving while intoxicated. The arrest occurred on Route 15 when officers observed the man's pickup truck being driven erratically. Following the incident, he was released pending a court appearance.

    A Nutley, NJ, man was recently charged with drunk driving and refusing to submit to a breath test. The DWI stop took place after the 27-year-old was observed running a red light. Police officers charged the man with additional traffic offenses, including careless driving, not maintaining a lane, unsafe tires and not wearing a seatbelt. The man was subsequently released pending a court appearance.

    A 47-year-old Andover man was charged with driving while intoxicated after police found him unconscious in his truck on the side of Pine Terrace. According to reports, after officers roused the man, he refused to submit to a breath test, for which he was also charged. Additionally, officers wrote the man up for careless driving, failure to exhibit documents, failure to maintain a lane and obstructing the passage of vehicles.


    Stanhope
    A Dover man was stopped by police officers after he was seen driving erratically on Route 183. The 26-year-old was charged with drunk driving, careless driving and refusal to take a breath test. He was released pending a court date.

    A young local woman was charged with DWI and careless driving earlier this month after the 22-year-old was observed speeding and driving erratically on Route 183. According to reports, following her arrest police released her pending a court appearance.

    A 29-year-old man from Newton, NJ, was charged with speeding, possession of drugs and possession in a motor vehicle, following a traffic stop on Route 206. According to police, the man was released pending a court appearance. However, the man's passenger, a 45-year-old Andover resident, was arrested on an outstanding warrant from Wantage Township totaling $816; that man was turned over the the New Jersey State Police for processing.


    Police Blotter, DailyRecord.com, July 7, 2009

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