New Jersey DWI Lawyer Blog

If there is one thing that most people need to live and work in our modern age, outside of food and lodging, it might be a valid driver's license. From the day we receive our learner's permit -- and later a full-fledged license -- we begin to value the freedom of movement that driving a car or truck provides. However, for many people, the state can revoke, suspend or otherwise withhold a motorist's driving privileges for certain convicted offenses.

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.

Continue reading "Bergen County DWI Defense: New Jersey Drunken Driving Conviction Can Lead to Revoked Driver's License" »

Having worked both sides of the aisle -- previously as a municipal prosecutor and now as a defense attorney -- I understand the methods and strategies that the state's attorneys employ to attain drunken driving convictions in court. As New Jersey DWI defense lawyer, I and my colleagues represent all manner of clients, many of whom have been accused of driving while intoxicated, operating a motor vehicle under the influence of prescription medications (drug DUI) and even illicit drugs, such as cocaine, methamphetamine and marijuana.

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

With the holidays fast upon us there is a more than better chance that someone you know may be stopped by state police or local law enforcement for some type of traffic violation. Of those Garden State motorists stopped by police for offenses such as speeding, improper lane change, or an number of so-called minor traffic infractions, there is always a chance that the driver may be accused of operating a motor vehicle while under the influence of alcohol.

Being impaired by beer, wine, hard liquor or prescription medication (drug DUI) is cause for a patrolman to arrest a driver for driving while intoxicated. A DWI or DUI arrest can also lead to extensive fines and other penalties, even for a first-time offender. It's not unusual an individual convicted for multiple offenses to also face jail time, depending on the circumstances. As New Jersey drunken driving defense lawyers, I and my staff of legal professionals have the skills and experience in representing drivers accused of DWI and drug DUI (including cases where illicit drugs -- also known as controlled dangerous substances, or CDS -- such as marijuana and cocaine are involved).

Anyone who is arrested for driving under the influence faces similar charges and, likewise, similar penalties, the individual circumstances will vary accordingly. The following is a short list of recent arrests by police officers in Bergen County, though DWI and drug DUI arrest happen every day in other counties across the state, such as Monmouth, Union, Passaic and Essex. Here are some examples:

Ridgewood, NJ
Late on a Monday evening, a local patrolman stopped a vehicle driving along a stretch of N. Maple Ave. The officer apparently stopped the motorist because of visible front-end damage and a report of a hit-and-run accident in the Ho-Ho-Kus area. As a result of the traffic stop, the policeman determined that the driver was in fact involved in said traffic accident. On further investigation, the police officer also determined that the 30-year-old out-of-state driver behind the wheel was impaired due to alcohol consumption. The man was taken into custody and charged with drunk driving, marijuana (CDS) possession and drug paraphernalia possession, open alcoholic beverage container in a motor vehicle. In addition to DWI, the driver was also charged with careless and unsafe driving. He was released pending a court appearance.

Continue reading "Bergen County Police Blotter: Ridgewood, Ramsey and Park Ridge DWI Arrests, Drug DUI Charges" »

Being stopped by the police here in New Jersey for a traffic-related offense is not uncommon, nor out of the ordinary. With more than eight million residents and a population density of nearly 1,200 people per square mile, the odds of someone you know getting a traffic ticket in the next 12 months is actually quite high. What many people do not expect, when their "time" comes, is that they could also receive a summons for DWI as well.

The fact of the matter is, anyone who takes a drink prior to hitting the roads anywhere across the Garden State runs the risk of being arrested for drunken driving. Not that every driver who gets pulled over for a broken taillight or cracked windshield will be charged with driving while intoxicated, but the chance does exist. The odds of being accused of driving under the influence rises with the amount of beer, wine or hard liquor one may have consumed before getting behind the wheel.

As New Jersey DWI defense lawyers, I and my colleagues have extensive experience representing motorists who have been arrested for drunken driving, as well as drug DUI. Drug DUI, it should be explained, is similar to DWI, except it applies to an individual who is suspected of operating a motor vehicle while under the influence of prescription medication or illicit drugs. Marijuana, cocaine and crystal meth come under the latter heading.

Whether you live in Hudson, Essex, Passaic or Bergen County, if you are convicted of DWI or drug DUI, severe penalties can be attached to that conviction. Someone who has been issued a traffic ticket or a summons for DWI, DUI or breath test refusal, is well advised to contact a qualified legal professional to better understand his or her rights, as well as familiarize themselves with the potential fines and fees associated with a drunken driving conviction.

Continue reading "New Jersey DWI Defense: Penalties Abound for Garden State Motorists Convicted of Driving While Intoxicated" »

All across the Garden State in counties such as Passaic, Bergen, Ocean and Union, numerous individuals are pulled over for traffic infractions while traveling on highways and surface streets. Many of these drivers are subsequently arrested on suspicion of driving under the influence of alcohol, and sometimes prescription meds or even illicit drugs (drug DUI).

Whatever the circumstances, it's a fair bet that many of these people never imagined that they would be arrested or even charged with a DWI or DUI prior to being pulled over by the police. As New Jersey drunken driving defense lawyers, I and my colleagues can say with relative certainty that a percentage of motorists accused of DWI did not deserve to be arrested or served with a summons. Because of this, anyone who is charged with driving while intoxicated or otherwise impaired due to prescribed drugs or other substances, such as cocaine or marijuana, should consult with a qualified DWI attorney.

The following news items, pulled from the local Middletown, NJ, police blotter, represent the typical kinds of DWI and drug DUI arrests that occur every week in New Jersey. Although the location and specifics of each police arrest may change, the resulting fees, fines and penalties following a drunk driving conviction can be rather harsh, as can the reaction of one's friends, relatives and business associates; all the more reason to fight a DWI charge whenever possible.

Continue reading "New Jersey DWI-DUI News: Monmouth County Police Blotter Shows Drunk Driving Arrests in Middletown" »

Whether you live or work here in Monmouth, NJ, or in Hudson, Bergen or Atlantic County, as a New Jersey motorist you have no doubt seen or been directed into one of the frequent police checkpoints used to catch drivers who may be operating their car or truck under the influence of alcohol (beer, wine, or hard liquor), prescription medication or even illicit drugs or other controlled dangerous substances (CDS) such as marijuana or cocaine.

Each of these sobriety roadblocks, also known as DWI checkpoints, is designed to bring drivers in close contact with local, municipal and state police officers so that they can determine if a driver has been drinking alcohol or ingesting some type of substance that may cause impaired driving. Upon being identified as possibly impaired by some substance, the patrolman in charge will most likely as the driver to step out of his or her vehicle in order to perform one or more standardized field sobriety tests.

Although the number and order of the standard field sobriety tests given during a DWI traffic stop tend to vary depending on the police officer and the particular situation in which the driver may find himself, the following is list of the tests that are usually used to some extent or antoher:

-- Horizontal Gaze Nystagmus

-- Head-tilt

-- Touching a finger to one's nose

-- Balancing one leg

-- Walking heal-to-toe

-- Reciting the ABCs

-- Counting

The most common of these tests is the Horizontal Gaze Nystagmus, during which the officer attempts checks to see how smoothly an individual's eyes are tracking a finger or pen in front of his or her face. A knowledgeable attorney knows to do a thorough analysis of the testing done by the arresting officer in order to determine whether or not the field sobriety tests were administered properly.

Continue reading "Bergen County DWI Defense News: Elmwood Park, NJ, Police Catch 18 Drunk Drivers" »

One of the more common questions that DWI defense attorneys get asked by potential clients is the particular order of events as an impaired driving case moves through our state's law enforcement and judicial systems. Naturally, any DWI or DUI case begins with the driver being pulled over by a police officer for some other traffic offense, which could be as minor as a broken taillight. But that's just the beginning of a long and potentially costly process.

Whether the violation occurs in Hudson, Mercer, Ocean or Monmouth County, the initial stage of a drunken driving case entails the suspect being stopped by a patrolman usually for a typical traffic violation, such as defective vehicle equipment, inability to maintain a lane (i.e. crossing over the lane markings besides that of changing lanes). To be a valid, this traffic stop should be for a legitimate violation in which the patrolman has "reasonable suspicion" that a motor vehicle violation has been committed.

Based on the New Jersey Supreme Court case, State v. Carpentieri, the officer or patrolman who pulls a motorist over must have an articulable and reasonable suspicion that a traffic law violation has occurred in order for subsequent DWI charges to be legally valid. But this is only the first qualification, as once a driver is pulled over the officer needs to have "probable cause" to believe the driver has been operating that vehicle while under the influence of alcohol or is otherwise impaired by an intoxicant, prescription medication, or other substance, such as marijuana.

Once the patrolman's suspicion is realized, an arrest is usually conducted and the driver is typically taken to police headquarters for a breath test. For anyone taking notes to this point, please keep in mind that motorists do not have the right to advice from counsel at this stage of a drunken driving arrest, nor will any attorney, even one experienced in drunk driving defense, be of any help at this stage.

Once an individual is charged with DWI, drug DUI, or breath test refusal, a "complaint" is filed against that person, also known at this point as the defendant. Following the lodging of a complaint, the defendant will be arraigned, at which time he or she will be informed as to the various charges against him or her. The court will inform the defendant of his rights, per law, and then the court will ask the defendant to enter a plea of either guilty or not guilty.

If one chooses to engage a DWI lawyer to represent him or her, this initial appearance can usually be waived and the arraignment will typically be "adjourned" through the attorney drafting a letter of representation and sending that document to the court. In that letter, the attorney will advise the court that the defendant is being represented, that the defendant acknowledges being advised of his or her rights, and that he or she is entering a plea of "not guilty."

Prior to going to trial, once a defendant has entered the not guilty plea, the "discovery process" is initiated in which the prosecutor's office representing the state must turn over all evidence that was collected against the motorist to the person's attorney. It is at this point that a qualified and experienced DWI lawyer can usually determine if any issues exist with the prosecution's case, such as lack of reasonable suspicion for the initial traffic stop, no existence of probable cause for the stop or the arrest, mechanical problems or procedural mistakes in regard to the operation of the breathalyzer. An experienced attorney will also be able to decide, based on the prosecution's evidence, whether or not an expert might be needed to testify during the trial.

At trial, assuming a plea agreement is not reached in the meantime, the trial will be held in the local court of the municipality in which the defendant was charged with drunken driving or drug DUI. Since there is no legal right to a jury trial in cases of DWI and DUI violations, the trial usually takes place in front of a municipal court judge who determines the defendant's guilt or innocence. If the court finds the individual guilty, the judge will issue a sentence according to New Jersey's guidelines for DWI/DUI offenses.

The last time we mentioned unintended consequences. Well, there are unintended consequences for driving while intoxicated, either by alcohol, prescription meds, or illicit drugs such as marijuana or cocaine... and then the are unintended consequences of those original consequences, so to speak. One consequence that we would prefer not to see any person have to defend himself against is hitting a police vehicle while allegedly driving under the influence of alcohol.

As New Jersey DWI defense lawyers representing individuals from counties such as Monmouth, Ocean, Burlington and Passaic, we can say without much trepidation is don't even think of assaulting a law enforcement officer with a vehicle, drunk or not. This is a serious offense that can complicate a drunken driving defense without a doubt.

Not surprisingly, this type of helpful advice is ignored by more than a few people every year here in the Garden State. Such was the case for an out-of-state driver last month when he crashed his SUV into an Elmwood Park, NJ, police vehicle being used by none other than the department's chief of police.

According to news reports, the accident happened around 2:30am on May 15 as Police Chief Donald Ingrasselino and Lieutenant Frank Thorpe were heading to a DWI sobriety roadblock in Bergen County. Based on police reports, Chief Ingrasselino and Lt. Thorpe were traveling eastbound along Rte 46 toward the drunken driving checkpoint being operated that morning at Midland Avenue when their Dodge Durango was struck.

Continue reading "NJ Drunken Driving Defense News: Motorist Charged with DWI after Hitting Police Chief's Patrol Car" »

Every day in the Garden State, local and state police stop drivers for a variety of traffic violations. Some of these individuals are suspected of drunken driving, arrested and charged with DWI, drug DUI, or possession of marijuana in a motor vehicle. As New Jersey drunk driving defense lawyers, our job is to represent people who feel they have been unjustly accused of driving under the influence of alcohol or prescription medication (drug DUI).

Many DWI or DUI arrests start out as a simple traffic stop conducted by a municipal patrolman or state trooper. Whether the incident occurs in Bergen, Ocean, Sussex or Atlantic County, the scenarios can be quite similar, although the particular details -- such as field sobriety test results, breathalyzer (or Alcotest) readings, or failure to submit to a breath or blood test -- vary between cases.

The following is a brief list from police blotters illustrating the kinds of drunken driving arrests that can happen from one day to the next. Not every person is guilty, but it is always advisable to consult with a qualified DWI defense attorney to understand your particular circumstances.

Middletown Township
A local police officer working an early morning traffic patrol responded to a report of a car crash along a stretch of Belmont Ave. where a motor vehicle had apparently hit a fence and subsequently left the scene of the accident. After a brief investigation, the officer cruised around the local streets looking for the suspect vehicle, which he allegedly found parked in from of a local residence. The 19-year-old owner of the vehicle was arrested and charged with DWI, reckless driving, failure to report an accident and open alcohol in a motor vehicle. The woman was processed and then released pending a court appearance.

During the early morning hours, Middletown Twp. Police officers responded to a report of an individual slumped over the steering wheel of a parked car. Arriving on the scene, the officers found a 41-year-old Hazlet, NJ, man in the driver's seat. Police reports indicate that the suspect had a strong odor of alcohol on his breath. The driver was subsequently arrested and charged with DWI, refusal to submit to a breathalyzer, driving under a suspended license and reckless driving. The man was processed and later released pending a mandatory court appearance.

Continue reading "Monmouth County Drunk Driving Police Blotter: Holmdel and Middletown DWI, DUI and Marijuana Arrests" »

As New Jersey DWI defense attorneys, we find reports of drunk driving arrests in the media nearly every day of the week. Whether you live in Bergen County, Hudson County or Mercer County, the odds of a driver being pulled over and charged with driving while intoxicated increases with enhanced drunken driving enforcement patrols.

While many DWI arrests take place as a result of a seemingly minor traffic offense, many other motorists are picked up for drinking and driving as a result of sobriety checkpoints. Still others are arrested for being intoxicated while sitting in a parked vehicle. The following news items from Union County are just a couple of the typical arrest reports that transpire every week in the Garden State.

Kenilworth
A driver from Newark was stopped by police at the corner of Michigan Ave. and Rte 22 after officers apparently noticed the suspect's vehicle being driven in a suspicious manner. The 29-year-old Essex County man was pulled over by police in the early morning hours on a Saturday. According to reports, as officers approached the driver they noticed a gun allegedly protruding from car's center counsel.

It was subsequently discovered that the weapon was a fully loaded 9mm pistol. The suspect was taken into custody without any shots being fired, after which he was charged with drunken driving in addition to possession of a firearm. The man was also charged with refusing to submit to a breath test, and possession of a firearm. He was later released pending a Superior Court appearance.

Cranford
A driver was Westfield motorist was stopped by patrolmen late on a Thursday evening when the police responded to a report of a vehicle allegedly being driven erratically along a stretch of road in Cranford, NJ. The arrest occurred near the corner of South Ave. and High St. following the report which stated that a motor vehicle had hit a sign in a parking lot of New Jersey Transit on South.

The 51-year-old female driver was pulled over just before 11pm by officers. The patrolmen apparently detected some evidence of alcohol and arrested the woman, then charged her with DWI. After being taken into custody, she was also charged with leaving the scene of a motor vehicle accident as well as failure to keep right and improper vehicle lighting maintenance. The woman was subsequently released pending a court appearance.

Kenilworth police stop man for DWI, find loaded handgun, NJ.com, March 26, 2011

Today, it's not uncommon for a fatigued driver to be stopped by a New Jersey State Police trooper for failure to maintain a lane, possibly caused by drinking and driving. But unlike a motorist who fails a field sobriety test and then blows over 0.08 on a breathalyzer test, a drowsy driver has a good chance of getting off with a warning.

Now, no one will argue that nodding off on the highway is a dangerous and potentially deadly situation for any driver, but does it rise to the level of drunken driving and drug DUI? Here in the Garden State it is already a criminal offense when drowsy driving leads to a fatal traffic accident. But in some circles, populated by various experts and law enforcement officials, the desire still exists to penalize drowsy drivers to the same extent as those motorists found guilty of driving while under the influence of alcohol or prescription medication (also known as drug DUI).

There are facts to bakc this up. in a study dating back to 1995, AAA Mid-Atlantic Inc. found that driving with no sleep for 24 hours was akin to having a blood-alcohol content (BAC) of 0.10 percent, more than the legal limit for DWI in New Jersey. Around that same time, the National Highway Traffic Safety Administration (NHTSA) estimated that drowsy driving was to blame for about 100,000 crashes, more than 70,000 injuries and nearly 1,600 fatalities annually across the U.S.

Consider the similarities, as many experts have. While driving home tired after working the graveyard shift, a driver might try to squeeze in a few extra miles instead of stopping at a rest area. Bleary-eyed and perhaps not on top of his or her game, it is possible for a motorist to appear drunk on the road. The same can be said of long distance driving with not enough shuteye time.

As New Jersey drunken driving defense attorneys, we have a great deal of experience representing individuals accused of operating a motor vehicle while intoxicated. But is working a double shift then driving home a little fatigued the same as getting behind the wheel of an automobile after having one too many shots at a bar? Legally, these two may begin to converge.

As stated above -- just like DWI, prescription drug DUI, or impaired driving as a result of using a controlled dangerous substance (CDS) such as marijuana or cocaine -- the consequences for killing another person while under the influence are quite severe.

Continue reading "Bergen County DWI Update: Could Drivers Someday be Arrested for Drowsy Driving Just Like DUIs Today?" »

With summer not far away, it's not too soon to mention that boaters, like motorists on land, need to watch their alcohol consumption if they plan to be piloting their watercraft this year. While it may be fin to hear the strains of, "What do you do with a drunken sailor?" New Jersey's law enforcement agencies are just as strict about boating under the influence (BUI) as they are driving while intoxicated (DWI).

What many people don't always understand is that the same standards governing drinking and driving for landlubbers applies as much to captains of watercraft. As New Jersey drunk driving defense lawyers, we know the law. No matter if you're on an inland lake or running just offshore along Atlantic, Ocean or Cape May County, as the pilot of your boat if you've been drinking you could be charged with DWI.

Just as a driver of an automobile, a boater whose blood-alcohol content (BAC) is over 0.08 percent, you can be arrested. And the same applies to drug DUI and breath test refusal. The reasons for this are simple; the statutes governing drunk driving on land are nearly the same as those for operating a boat when inebriated. DWI penalties for drunken boating are also quite similar.

For those who may decide to refuse a breathalyzer test, think carefully as the implied consent rules that apply to motorists also pertain to operators of boats. On the flip side, the same drunken driving defense strategies that can be successful for automobile drivers can work equally as well for those who are arrested for BUI.

So keep all this in mind as the weather improves. Remember that a boater navigating New Jersey's waterways and coastal areas must always be cognizant that by drinking and piloting a watercraft they could be violating the law. No matter where you sail, it's always a good idea to qualified boater with you to take the helm and act as the designated pilot to stay safe and within the law. As someone once said, "Water is a poor chaser."

A 2009 appellate decision that looked to be a potential problem for individuals convicted of breath test refusal in New Jersey was reversed by the NJ Supreme Court earlier this year. Depending on the circumstances, a motorist who is pulled over for a traffic infraction can end up being cited for driving under the influence of alcohol. But, as many people already know, being arrested for drunken driving can also include a charge of breath test refusal if the motorist declines to provide a breath sample.

If the arresting officer suspects that the driver is drunk due to beer, wine or hard liquor consumption, he may request that the suspect take a breathalyzer test, also known as an Alcotest. As New Jersey DWI defense lawyers, I and my colleagues are certified in the maintenance and operation of the Alcotest device, which allows us to better argue the limitations of this machine and errors that can occur durin its use.

Should a driver refuse to take a breath test, or blood test, used by police to measure blood-alcohol content (BAC), the officer in charge is within his right to charge that person with breath test refusal. This has been a common course of action when a driver has chosen not to be tested. Until recently, the courts have not been allowed to treat refusal convictions as full-blown DWI convictions when considering a repeat driving while intoxicated offense. However the appellate case reviewed by the NJ Supreme Court had threatened to change all that.

According to court records, in the case of STATE v. CIANCAGLINI, the New Jersey Supreme Court unanimously rejected the appellate court ruling that would have turned previous breath-test refusals into proof of prior drunken driving. Had the Supreme Court not rejected that earlier ruling, it could have meant that hundreds, and maybe thousands of motorists who had previously been convicted of refusing to take a breathalyzer test in New Jersey would have found they had what amounted to the equivalent of a prior drunken driving conviction on their record.

Continue reading "NJ Supreme Court Says No to Using Breathlyzer Refusal Convictions as Proof of Prior Drunken Driving" »

Visit any county in the Garden State and you will find a fair number of drunken driving arrests on a weekly basis. Whether you live in Hudson, Somerset, Mercer or Atlantic County, the stories are quite similar, though the circumstances and facts of each DWI case are unique.

It's important to reiterate that most arrests for impaired driving begin with a seemingly minor traffic offense, such as failure to maintain lane, improper turn or even a broken tail lamp. While the initial traffic stop may have been for a minor infraction, that event can lead to the police officer noticing evidence of alcohol consumption, such as an empty beer bottle or wine cooler. The patrolman may also detect the odor of alcohol on the driver's person, which can then begin the process of a DWI or DUI arrest.

As New Jersey drunk driving defense attorneys, I and my staff of experienced lawyers represent motorists accused of operating motor vehicles under the influence of alcohol, prescription meds, and even illicit drugs, such as marijuana and cocaine. The following police arrest blotter entries illustrate the kinds of DWI and drug DUI arrests that take place all across New Jersey throughout the year.

Illegal Immigrant Arrested for DUI
Arriving at the scene of a Saturday morning traffic accident at the corner of Giles and Academy Streets, police found a 22-year-old man in the driver's seat of a Ford Explorer trying to restart the SUV which had apparently plowed into the back of another passenger vehicle. The Ford was also on the sidewalk Flores was attempting to restart the vehicle.

Apparently under the influence, Police removed the man from the vehicle. Continuing to question the individual, the officers determined that he was also in the country illegally. Officers arrested the driver and charged him DUI. He also received summonses for driving without a license, reckless driving and failure to wear a seatbelt.

He was ultimately released on the DUI charge, but was sent to the Cumberland County Jail on an ICE (Immigration and Customs Enforcement) detainer.

Continue reading "New Jersey DWI Police Blotter: Drunk Driving and Drug DUI Arrests in Bridgeton, NJ" »

All things considered, if a motorist is going to be stopped for drunk driving in the Garden State, if and when it does happen it's advisable not to have that arrest be in conjunction with a traffic accident. Coupling a DWI or drug DUI arrest with property damage, or worse, injuries and/or fatalities, makes a drunken driving defense that much more complicated.

As New Jersey DWI defense lawyers, I and my colleagues know the law as it applies to driving while intoxicated, regardless of whether the charges involve alcohol, prescription meds or illicit drugs such as cocaine or marijuana. As a former municipal prosecutor, I have a deep understanding of the strategies and procedures used by prosecuting attorneys against drivers accused of operating a vehicle under the influence.

Impaired driving is actually quite common in Bergen, Union, Ocean and Mercer County, not to mention most other jurisdictions across the state. One thing that most people would likely agree on, however, is that hitting a police car while allegedly drunk is not a good idea. Doubly so, hitting a patrol car while leaving a bar would be at the top of our list of things not to do after drinking any amount of beer, wine or hard liquor.

A while back, in South Plainfield, NJ, a bar patron did just that early on a Sunday morning. Based on police reports, patrolmen had been called to the scene of an unrelated incident at a bar on New Market Avenue around 1:40am. While the officers were inside the establishment, a 35-year-old customer who had already left the bar tried to pull his vehicle out of the bar's parking lot. In the process, Manishkum Patel, hit the unoccupied police car.

While damage to the patrol car was minimal, officers arrested Patel and charged him with DWI. Apparently the man declined a breath test and was charged with refusal, as well as being slapped with a reckless driving charge.

Driver, 35, charged with DWI after hitting patrol car in South Plainfield, MyCentralJersey.com, January 11, 2011