Breath Test Refusal: February 2012 Archives

February 28, 2012

Westhampton Police Arrest School Bus Driver for DWI in Burlington County after Kids Called Parents

Although it is hardly a stretch to say that a single DWI or drug DUI conviction can change the direction of an individual's entire life, it's certainly not unusual for a one-time drunken driving arrest and eventual guilty verdict to greatly impact a person's career. Aside from the damage that a DWI or DUI conviction can do to someone's personal relationships or standing in their community, jobs have been lost and careers ruined because of drunk driving.

As New Jersey DWI defense lawyers, my firm is dedicated to representing individuals accused of driving while intoxicated, operating a motor vehicle while impaired by prescription drugs (drug DUI), as well as those arrested for possessing marijuana and other drugs in a car, truck or other motor vehicle. It may seem difficult for some people to believe the wide-ranging effect that one or more DWI or DUI convictions can have.

This is especially true for those individuals who have intimate contact with the public, or those with jobs that involve the trust and safety of individuals throughout society; the occupations that come quickly to mind would be police officers, state and local officials, judges, school officials, and even teachers and school bus drivers.

For people who hold the aforementioned types of jobs, a drunk driving arrest, much less an actual conviction, can have a quick and devastating effect on their employment situation. All the more reason, why individuals accused of driving under the influence of alcohol, prescription medications, or illegal substances should consult with a qualified DWI attorney. The immediate and long-term consequences of such a conviction are nothing to sneeze at.

A while back, a New Jersey school bus driver was arrested by Westhampton Township police officers after a number of children riding home from school apparently called their parents when they noticed the bus being driven in a reportedly dangerous manner. According to news reports, the 46-year-old bus driver was reportedly falling asleep while operating the township school bus, swerving and alarming the young riders.

Once alerted to the alleged drunken driving incident by their kids, concerned parents contacted local police to try and stop the driver from having an accident. Police reportedly located the bus at Holly Hills School where it had arrived to pick up addition students.

Based on police reports, officers arrested the driver, who was subjected to a breathalyzer test. The results of the breath test, according to news articles, indicated that the woman had a blood-alcohol content (BAC) level of 0.25 percent (over three times the legal limit in New Jersey). As a result, the driver was taken into custody and charged with 25 counts of driving while intoxicated with a minor, as well as being hit with child endangerment charges.

When it comes to drinking and driving with a child on board, any parent or guardian who is convicted of DWI with a youngster 17 years old or less in the vehicle is also guilty of a disorderly persons offense. In such instances, and likely with the bus driver described in the news articles, that individual forfeits his or her right to operate a motor vehicle for a period of not more than six months.

According to the news article at the time, the driver's bail was set at $10,000 for the disorderly conduct offense; and another $75,000 was added for the endangerment charges.


NJ school-bus 'DUI', NYPost.com, November 12, 2011

NJ woman accused of driving school bus while drunk, MSNBC.com, November 10, 2011

February 26, 2012

New Jersey Police Blotter: Drunk Driving and Drug DUI Arrests in Ocean and Union Counties

Any driver who lives or works in the Garden State may already know that arrests for drunken driving occur quite often all around the state. Although being pulled over for a traffic violation does not automatically mean that a driver will be charged with driving under the influence, there are numerous opportunities for motorists to be stopped and potentially charged with a DWI.

Much of this has to do with the circumstances and whether the arresting officer is convinced that an individual is impaired at the time of the traffic stop. Not all DWI and DUI arrests result in conviction; however, as New Jersey drunken driving defense lawyers, I and my staff of experienced DWI attorneys know full well that having any amount of alcohol or drugs in one's bloodstream at the time of a traffic stop can result in charges being pressed.

Sometimes getting a summons for DWI -- or breath test refusal, if one chooses to decline taking a breathalyzer test -- is just a matter of timing. Be advised that feeling you are in the right does not change the way a police officer views the situation on the roadside. As we always suggest to friends and associates, it's better to err on the side of caution and get a sober ride home than to take one's chances with the local police and possibly be charged with impaired driving due to alcohol or prescription drug use (drug DUI).

Continue reading "New Jersey Police Blotter: Drunk Driving and Drug DUI Arrests in Ocean and Union Counties" »

February 18, 2012

Ocean County, NJ, Drunken Driving Arrest News: DWI Charges Abound in Lakehurst, Lacey and Forked River

Being slapped with a charge of DWI, drug DUI, or breath test refusal can be a shock to more than one driver, especially if he or she has never before received a summons for drinking and driving. For those uninitiated in the typical process of being arrested and charged with driving under the influence, the actual reasons can sometimes seem more innocent and hardly worth mentioning; however, the consequences are far from trivial.

As New Jersey drunk driving defense lawyers, I and my staff have read of and tried enough DWI and drug DUI cases to understand that the average motorist can be stunned by the speed at which a drunken driving arrest takes place. For many, it all begins with a simple and seemingly minor infraction; consider, for instance, a driver who just made a turn without signaling.

Since New Jersey drunken driving law does not allow a police officer to stop a motorist solely on the suspicion of that individual has had too much to drink -- and is possibly impaired by alcohol or prescription medication (aka drug DUI) -- the patrolman must observe a chargeable moving violation being committed to effect a traffic stop.

Continue reading "Ocean County, NJ, Drunken Driving Arrest News: DWI Charges Abound in Lakehurst, Lacey and Forked River" »

February 10, 2012

Ocean County Drunk Driving News: New Jersey Woman Arrested for DWI, Aggravated Vehicular Assault

As any one who has been arrested for drunk driving here in the Garden State probably knows already, being charged with driving under the influence of alcohol or prescription drugs -- also known as drug DUI -- can be difficult in and of itself to fight in court; but to add an injury accident one top of a DWI charge only complicates things for a defendant.

It doesn't make any real difference if one is picked up in Atlantic, Essex or Hudson County, state and municipal law enforcement agencies hold a hard line against alleged drunken drivers. (The same can be said for the New Jersey court system, since state laws are very strict and contain stiff penalties for motorists convicted of driving while intoxicated, whether by liquor, doctor-prescribed medication or illicit drugs such as cocaine or marijuana.

When a driver causes a traffic accident while allegedly under the influence, the law tends to focus a little tighter on that individual. And, as mentioned above, injury accidents caused by drunk drivers can complicate a person's defense in many cases. If the person who is injured is an officer of the law, this is without a doubt more than sufficient reason to consult with a qualified DWI defense attorney. And by all means, one should not even contemplate running from a patrolman.

Continue reading "Ocean County Drunk Driving News: New Jersey Woman Arrested for DWI, Aggravated Vehicular Assault" »

February 6, 2012

Legal Defense News: NJ Police Arrest Drunken Drivers in Mercer, Ocean and Morris Counties

New Jersey is a pretty tough state when it comes to drunk driving enforcement. Anyone who driver here regularly has seen the frequent late-night sobriety checkpoints and anti-DWI saturation patrols operated by the New Jersey State Police and local law enforcement departments. Quite frankly, as drunken driving defense lawyers representing drivers in Monmouth, Sussex, Passaic and Ocean County, there is no good reason to risk one's future by getting behind the wheel of a car, truck or motorcycle while impaired by alcohol or other substances.

While driving under the influence of alcohol or doctor-prescribed medication may not be a motorists primary intention, the chances of being stopped for a minor traffic infraction raise the possibility of being slapped with a DWI summons. The best way to avoid this scenario is to avoid driving any time one has had something alcoholic to drink; calling a cab, getting a ride from a sober friend or family member, or just staying put over night is by far the better course, than to find oneself with summons in hand and a court date pending.

Some of the most common police traffic stops, such as illegal turn or failure to maintain one's lane, can end up with a driver arrested and charged with driving under the influence. Whether the charge is alcohol-based or a drug DUI -- such as prescription meds or illegal substances like cocaine or marijuana -- the potential conviction can cost a driver plenty in terms of monetary fines and even jail time, depending on the circumstances.

Continue reading "Legal Defense News: NJ Police Arrest Drunken Drivers in Mercer, Ocean and Morris Counties" »

February 2, 2012

Bergen County DWI Update: Drunken Driving Conviction Can Lead to Revoked NJ Driver's License

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 Update: Drunken Driving Conviction Can Lead to Revoked NJ Driver's License" »