New Jersey DWI Lawyer Blog

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" »

The New Jersey State Supreme Court Appellate Division recently rejected the argument of defendant-respondent, Damian Tirello, who claimed that his breath test results were not admissible as evidence because the Alcotest-trained police officer did not remain in the DWI room with him during the 20-minute waiting period prior to administering a blood-alcohol content (BAC) breathalyzer test.

The Court referred to a previous ruling (State v. Ugrovics, 410 N.J. Super. 482 [App. Div. 2009]), and stated that the procedural requirements were in fact met in original case against Mr. Tirello. The appeal had been brought by the state as a result of a lower court's decision to throw out Tirello's breath test results due to a failure of the police to follow the correct procedure.

As a New Jersey drunk driving defense attorney and former municipal prosecutor, I understand the ins and outs of breath testing. In this particular case, the subject of the breathalyzer test claimed that the same officer did not remain in the DWI room, having left for a period of time before coming back to administer the breath test. However, the Court ruled that because another officer was in the room with the suspect continuously that the procedures were followed and the breath test results would stand.

According to court records, Tirello was arrested following a two-car accident in Wildwood, NJ. The man admitted to police that he was one of the drivers involved, during which Patrolman Nino Cusella detected an odor of alcoholic beverage on defendant's breath and observed that defendant's eyes were watery and bloodshot.

Although Tirello reportedly denied drinking any alcoholic beverages, Officer Cusella told him that he was stuttering and his speech was slurred. The suspect then admitted to drinking a couple of beers earlier in the evening. Although defendant was able to recite the alphabet, he swayed while performing field sobriety tests. He was then arrested, handcuffed and searched.

Officer Cusella testified that "everything" was taken from defendant's person, including his cell phone and any type of food, gum, mints or cigarettes. Police kept the suspect handcuffed in the patrol car and they were not removed until he was taken into the "DWI room" by Officers Cusella and Chobert.

According to reports, Tirello remained in the presence of an officer who was able to observe that he never put anything in his mouth, did not burp or regurgitate and did not use the bathroom.

Continue reading "NJ DWI Law Update: Jersey Supreme Affirms Alcotest Subject be Monitored by "Any" Competent Witness(es)" »

Not long ago, the National Highway Traffic Safety Administration (NHTSA) reported that the number of fatal DWI-related accidents dropped from 201 dead in 2007 to 154 in 2008 - according to the NHTSA, 2008 was the last year for which complete statistics were available. Also mentioned was the drop in drunken driving arrests, which were reduced by six percent based on data provided by the New Jersey State Police.

At that time it was suggested that these decreases may have been influenced by the stiffer penalties for motorists convicted of driving under the influence of alcohol. It's no secret that drunk driving in the New Jersey area is a dangerous activity. Police and state law enforcement agencies continue to increase the frequency of patrols, as well as instituting sobriety checkpoints, also known as drunk driving roadblocks.

As a New Jersey DWI defense lawyer, I know how expensive a drunken driving conviction can be to a person's bottom line. This is because the penalties for DWI in the Garden State can carry heavy fines and even jail time.

More recently, Lower Township reported a broad decline in traffic offenses and related legal cases. According to news reports, service calls declined from 39,791 to 32,030, but township officials say this was partly due to reduction in manpower.

Still, DWI arrests declined from 115 to 80. Adult arrests overall declined from 870 to 543, while juvenile arrests declined from 142 to 112. Budget problems have also affected the number of officers on patrol each day. By comparison, Lower Township has 43 officers versus 50 in Middle Township and 59 in Ocean City.

While most drivers never intend to be charged with a DWI, penalties for operating a motor vehicle while under the influence of alcohol are designed to hurt one's wallet, as well as provide jail time. Whether fewer patrolmen on the streets will have an impact on the number of drunk driving arrests going forward, the problems caused due to a drunk driving conviction can cause New Jersey drivers much more than a little inconvenience and embarrassment.

Fewer police and fewer arrests in 2009, Lower Township report shows, PressofAtlanticCity.com, February 3, 2010

While it is true that not all DWI arrests and drunken driving summonses result in a conviction for driving while intoxicated, a percentage of New Jersey motorists cited for driving under the influence of alcohol are found guilty. As a New Jersey drunk driving defense attorney, I and my colleagues handle dozens of drunk driving, breath test refusal and drug DUI cases every month.

Whether you have been arrested for DWI or for operating a motor vehicle under the influence of illicit or prescription drugs, it is advisable to retain the services lawyer. The following selection of recent drunken driving incidents illustrates the possible scenarios of DWI arrests and other DWI-related charges.

Whether you live in Newark, Trenton, Atlantic City or any of the other cities and towns throughout New Jersey, remember that a DWI conviction will likely affect your life in an adverse way.

A 27-year-old Lyndhurst motorist was arrested for driving while intoxicated (DWI) in late January. The incident occurred just before 2pm, according to police reports. Two police officers stopped the driver for speeding on Route 3 near Passaic Avenue. While interviewing the man, the officers allegedly detected signs of intoxication. They reportedly administered several field sobriety tests, which the driver was unable to pass. He was arrested and charged with DWI after registering a blood-alcohol content (BAC) of 0.31 percent on a breath-testing device. He was also issued summonses for speeding, failure to wear a seatbelt and failure to maintain his lane.

A Clifton resident was pulled over and arrested in the morning of January 30. According to police reports, officers responded to Van Houten Avenue on a report of a possible drunk driver in a 2006 Chevrolet. At the scene the officers found the vehicle and questioned the 26-year-old driver. During this time, the officers apparently detected signs of intoxication. They arrested the man who only registered a 0.02 percent BAC on a breath test machine. After officers searched the man, they allegedly found the drug Xanax on his person. During the questioning, the motorist admitted to having taken Percocet, Vicodin and two Ambien pills before getting into his car and driving. He was charged with possession and use of CDS (controlled dangerous substance). He was also charged for having an outstanding warrant.

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

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

Multiple drunken driving arrests or numerous DWI convictions can be devastating to a New Jersey resident's driving record, much less a person's life. When a traffic fatality is involved, the legal situation can become very serious very quickly. As a New Jersey drunk driving defense attorney, I and my colleagues have represented hundreds of individuals in drunk driving-related court cases. Many of these cases have had to do with the death of another person, which makes a DWI lawyer a necessity.

Recently an out-of-state motorist was indicted for what is referred to as aggravated manslaughter as a result of a fatal Cape May automobile crash in September of last year. According to news reports, John J. Lawless, 37, of Philadelphia was indicted on January 12 for aggravated manslaughter. The first-degree offense occurred on September 12 when Lawless allegedly killed Frederick Shelton, a Lower Township, NJ, resident.

Based on news reports, the chief assistant prosecutor in the case said that Lawless had a blood-alcohol content of 0.229 percent, which is nearly three times the legal limit in New Jersey. Authorities allege that Lawless was driving his Chrysler Sebring while intoxicated, when he veered into the southbound on Route 9 near Bennetts Crossing in Lower Township, hitting a Ford Escort carrying Shelton, his wife and the couple's 13-year-old daughter.

Shelton was killed in the crash, while his wife, Sheri, and daughter, Brittany, were injured in the accident. The two survivors of the crash were airlifted to Cooper University Trauma Center in Camden in critical condition. According to police records, Lawless has a long record of drunk driving offenses in Pennsylvania, including:

-- Oct. 3, 1996: Driving While Intoxicated (DWI) arrest

-- March 16, 1998: DWI arrest with 2-month min/3-month max prison term, plead guilty

-- Sept. 7, 1998: DWI arrest with 2-month min/3-month max prison term, plead guilty

-- April 29, 1999: DWI arrest. Plead guilty to recklessly endangering another person. Placed
on one-year probation. Plead guilty to DWI, 2-month min/3-month max prison term

-- July 62, 2004: DWI arrest. Dismissed under speedy trial regulations

-- June 11, 2005: DWI arrest with 1 yr min/2 yr max prison term. Plead guilty

-- Dec. 24, 2008: Involved in a motor vehicle accident in Philadelphia, arrested for DWI

Law enforcement authorities state that Lawless' Pennsylvania driver's license was suspended indefinitely on or about 2001.

PA Man With 7 Prior DUI Arrests Indicted For Aggravated Manslaughter In Fatal Crash, CapeMayCountyHerald.com, January 12, 2010

Being charged with drunk driving in New Jersey is bad enough without having caused an accident as a result of being intoxicated. Killing another individual while under the influence of alcohol is another thing entirely. Police all across the state of New Jersey are always on the lookout for drivers operating motor vehicles while impaired due to beer, liquor or prescription drugs.

As a New Jersey DWI defense lawyer, I have defended many clients who have been charged with drunk driving. Some of those people were involved in accidents that injured or killed vehicle occupants or pedestrians. A recent news article shows how mixing alcohol with prescription drugs can result in terrible consequences. There are very few things worse than being arrested for a fatal drunk driving accident.

According to reports, Jury selection began Tuesday in Morristown regarding the drunk driving trial of 48-year-old Eugene Baum Jr. The man is charged with being drunk behind the wheel and causing the deaths of two teenagers back in 2006 when his car hit and killed the young girls on a Morris County roadside.

Police reports indicate that on April 20, 2006, Baum was driving a rented Kia Optima along Kinnelon Road in Kinnelon, NJ, when the vehicle veered off the roadway and onto the shoulder where the two girls were walking. Police records show that the defendant's blood-alcohol content (BAC) was 0.305 percent when the accident happened. Based on news reports, Baum's vehicle struck 15-year-old Mayada Jafar and 16-year-old Athear Jafar. The two cousins were reportedly walking to a nearby movie theater around 8pm when they were thrown off the shoulder by the impact.

Police have said that although Baum was severely intoxicated, he still decided to drive from his home in Dover to his mother's house in Kinnelon. During the police interview, he allegedly said that he thought he had struck a deer. He also later acknowledged that he should not have mixed Librium and vodka.

A mental health expert hired by the state has stated that Baum was "a functioning alcohol" at the time of the accident and that he could apparently tolerate high levels of alcohol in his bloodstream. In Baum's defense, an expert has suggested that Baum became an "automaton" when he drank and the combination of vodka and Librium in his body had an unexpectedly severe reaction that led to the crash.

Continue reading "Dover, NJ, Man Faces DWI Manslaughter Charges for Drunk Driving Deaths of Two Morris County Teens" »

As a New Jersey DWI defense lawyer, I should not have to tell anyone that injuring a police officer in a traffic-related incident can lead to serious consequences. Combine this kind of traffic offense with drunken driving and you have all the elements of a bad outcome for the motorist charged with driving while intoxicated. While this seems like a worst-case scenario, it happened recently in Middle Township, NJ.

According to new reports, a police corporal received serious injuries as a result of a collision caused by a supposedly drunk driver. The accident occurred on Saturday, January 2, when Middle Township Police received a call of a pedestrian-car traffic accident in front of a TJ Maxx in Cape May Court House. When officers arrived, they found that the injured pedestrian was an off-duty Middle Township Police officer, Corporal Fran Fiore.

Fiore was transported to Cape Regional Medical Center with serious leg injuries as a result of being pinned between two vehicles. Based on an investigation by police, Fiore was apparently parked in front of the TJ Maxx on the Route 9 side and was standing behind his minivan loading items through the open rear hatch. According to police reports, a Dodge 1500 pickup truck driven by 51-year-old Edward R. Williams backed into Fiore pinning the officer's legs between the vehicles. Williams then pulled his vehicle forward and parked.

The off-duty officer requested a bystander to take the vehicle keys away from the driver of the pickup truck while waiting for assistance to arrive. Williams was subsequently arrested for driving while intoxicated (DWI) and transported to police headquarters. He was also charged with aggravated assault by auto in the third degree. Bail was reportedly set at $50,000.

Middle Twp Corporal Seriously Injured By Alleged Drunk Driver,
CapeMayCountyHerald.com, January 2, 2010

Northern New Jersey gets its share of drunk driving arrests. Depending on the situation, drivers can be stopped for reckless driving or failure to maintain their lane, after which the officer may decide that the driver is intoxicated. When a patrolman suspects that a motorist is driving under the influence of alcohol, prescription drugs or even marijuana or other illegal substances, he may request the driver to take one or more field sobriety tests.

Being a New Jersey DWI defense lawyer, as well as a former municipal prosecutor, I have a vast amount of experience in defending individuals who have been arrested and charged with drunken driving. While circumstances vary, many DWI arrest scenarios are quite similar. The following is a short list of recent drunk driving arrests from Clifton, NJ.

A 22-year-old Maplewood resident was arrested and charged with driving while intoxicated (DWI) in the early morning hours of December 29. According to reports, Officer Daniel Ishak approached a vehicle stopped on Clifton and Van Houten avenues around 2am and found the driver allegedly unconscious behind the wheel of this vehicle with the engine running. The officer opened the door and detected signs of intoxication, according to reports. The officer woke the man and gave him several roadside field sobriety tests, which he apparently was not able to complete. The officer arrested the driver. He was charged with DWI after recording a blood-alcohol content (BAC) of 0.16 percent on a breathalyzer.

According to news reports, Officers responded to Broad Street and Seton Lane on a report of a suspicious vehicle with an unconscious person inside around 2:30am on December 24. Upon arriving, officers approached the Mercury Mountaineer with a 35-year-old Clifton woman inside. The officers reportedly detected signs of intoxication. While questioning the woman, she allegedly became combative and resisted arrest. Police claim that she also tried to grab one of the officer's flashlights. She was subsequently transported to police headquarters where she was posted a 0.13 BAC. She was charged with DWI as well as with resisting arrest.

In a third incident, news reports indicate that another Clifton resident was arrested on Christmas Eve for drunk driving following a traffic accident. According to police reports, police responded to Mahar Avenue on a report of a 2005 BMW involved in a motor vehicle crash. At the scene, police suspected that the 31-year-old driver may have been intoxicated after questioning the driver. A series of field sobriety tests were performed, which the driver allegedly could not pass. He was charged with DWI after posting results of 0.20 percent BAC on a breath alcohol test. In addition to drunk driving, the man was also charged with hindering apprehension because he originally had told police his girlfriend had been driving the car.

Clifton Journal, Police Blotter, NorthJersey.com, January 1, 2010

Trying to make the best of a situation is one thing, but being stopped for driving under the influence of alcohol twice in the same day is not my idea of good planning. Like most DWI arrests, the story of a recent motorist's unfortunate experience in Vineland, NJ, points up the most important fact -- trying to handle things yourself can get you in big trouble especially if you try to pull one over on the police. As a New Jersey drunk driving defense attorney, my firm is dedicated to helping those drivers who find themselves on the wrong side of the law.

In this recent case, Sasha R. Kissoondath was reportedly observed by police speeding in his pickup truck along South Delsea Drive near Elm Road. Officer Nicholaos Dounoulis reported that he saw Kissoondath's just before 2:30am and tried to catch up to the man's vehicle. The officer finally closed on Kissoondath as he pulled up to his residence on LaValle Avenue.

According to reports, the 35-year-old then got out of his vehicle and walked inside his house, although the officer noted that his walking appeared unsteady as he ignored the officer's orders to stop. Dounoulis knocked on the door of the residence several times, but Kissoondath reportedly refused to come out.

About five minutes later, he came outside with his wife and asked the officer what was going on. He told the officer that he had been at his house all day, where he had been drinking.

Kissoondath apparently refused to perform any field sobriety tests, although police allegedly found an open bottle of Heineken Light, still cold, in the center console of his vehicle. Kissoondath was then arrested and transported to police headquarters.

He was charged with driving while intoxicated, reckless driving, speeding, having an open container of alcohol inside a vehicle, and obstruction. He was processed and released to his wife, who signed a liability form.

According to news reports, Kissondath exercised his right to have an independent blood test to try to refute the evidence against him. However, the trip to the hospital for the test cost him a second drunken driving charge just a few hours later, police said.

Just before 6am that same morning, Kissoondath's wife called police to say her husband had driven himself to South Jersey Healthcare Regional Medical Center for a blood test.
Officers responded and found him in a room at the hospital. Officers discovered that he was in possession of the keys to his vehicle, which they located in the parking lot.

The suspect reportedly told police that he had walked to the hospital, then changed his story and said he was dropped off there. Kissoondath was taken back to police headquarters where he underwent a Breathalyzer test, which reportedly showed his blood alcohol level was 0.08 percent. New Jersey law considers a motorist legally drunk when his or her blood-alcohol level reaches 0.08 percent.

Man gets 2 DWIs in 1 night, TheDailyJournal.com, November 20, 2009

A 40-year-old man from Shiloh Borough was arrested by police on a Sunday evening along Cottage Avenue at Giles Street on the charge of driving while intoxicated. According to news reports, Michael A. Barbera was stopped by police after he allegedly nearly hit a police patrol car in the Bridgeton Villas parking lot. Apparently the driver was backing up and didn't notice the police car directly behind him.

As a New Jersey DWI defense lawyer, I know that this kind of incident happens all of the time. It doesn't always result in an arrest for driving under the influence of alcohol, but the potential is there. In this case, it would seem that the officers had sufficient suspicion that the driver was drunk to pull him over.

In such as case, the motorist would be asked to perform a variety of field sobriety tests (as defined by the National Highway Traffic Safety Administration, the NHTSA). If the individual fails these tests then the officer will usually ask the person to submit to a breath test to determine the driver's blood-alcohol content (BAC). Anything over 0.08 percent and by law that person is legally drunk and can be charged with DWI.

This was apparently the case, and according to the report, the officers also cited the man for reckless driving, careless driving, failing to wear a seat belt and improper backing, and was released on his own recognizance.

In another incident, police arrested a Millville man on a Friday night for DWI as well. According to police reports, Jeffrey W. Stowers was apparently observed driving erratically as he turned off Route 49 onto Buckshutem Road. Police pulled him over shortly thereafter.

After failing a number of field sobriety tests, police had the man take a breath test to determine his level of intoxication. Police reported that his blood-alcohol content was 0.07 percent, which is below the state's legal limit of 0.08 percent. However, police still charged Stowers with DWI due to the fact that he failed the series of sobriety tests. He was subsequently released on his own recognizance.

Bridgeton police blotter includes robbery, burglary of church, NJ.com, October 05, 2009

Numerous drunk driving arrests occur every month throughout New Jersey. Morris County, among others, sees its share of intoxicated driving traffic offenses on a weekly basis. As a New Jersey DWI defense lawyer and former municipal prosecutor, I have a wealth of experience in the area of drunk driving defense. The following is just a sample of the typical driving under the influence of alcohol and drug DUI cases that move through our court system every year.

Boonton
A 32-year-old local resident was charged with driving while intoxicated, reckless driving and refusal to submit to breath tests in the early morning hours of September 15. The woman was released, pending a municipal court appearance. Several hours later a 28-year-old man from Phillipsburg was arrested and charged with DWI as well as reckless driving.

Madison
Police officers arrested a 33-year-old man from Florham Park in the early evening of September 15, According to reports, officers Anthony Kaspereen and Sean McCarthy stopped the man for an alleged traffic violation. During the stop, the officers noticed a pill bottle in the driver's open glove compartment. After a brief investigation, police arrested the man for illegal possession of OxyContin and Vicodin. He also was charged with failure to maintain a lane, possession of drugs in a motor vehicle, careless driving and improper display of plates.

A local woman was stopped by police for driving 42mph in a 25mph zone on Elmer Street. According to reports, once police made the traffic stop it was determined that she was under the influence of alcohol. She was arrested and transported to headquarters for processing, where she was charged with DWI and speeding.

Parsippany
Following a routine traffic stop on westbound Route 46, police arrested a 20-year-old Newark man with possession of marijuana under 50 grams and possession of drug paraphernalia. He was processed at police headquarters and taken to the county jail on $10,000 bail, according to police records.

Sparta
A Branchville woman was charged with possession of drug paraphernalia and possession of less than 50 grams of marijuana in her vehicle during a routine police investigation. Accroding to reports, officers were investigating a car in the parking lot on South Shore Trail at 2:13am. While police were interrogating the 30-year-old, they saw a glass marijuana pipe in the center console of the vehicle and subsequently arrested her. She was also issued a summons for possession of controlled and dangerous substances in a motor vehicle.

A 59-year-old local man was charged with driving while intoxicated following a motor vehicle stop on Route 517/Sparta Avenue at 9:41pm. Police observed the man's gray Dodge pickup truck being driven at a high rate of speed. In addition to the drinking charge, the driver was charged with speeding, careless driving and failure to maintain lane.

Police Blotter, DailyRecord, September 23, 2009

In the state of New Jersey, the determination of whether a motorist is driving while impaired driving, at least as it pertains to alcohol use, involves a measurement of the suspect's blood alcohol content (BAC). As a New Jersey drunk driving defense attorney, and former municipal prosecutor, I have handled all manner of drunken driving cases throughout my career. The establishment of a defendant's BAC plays is a major role in any drunken driving case.

Strictly speaking, the law states that if an individual who is the operator of a car, truck, SUV or other motor vehicle is found to have a BAC of 0.08 percent or more, that person is guilty of drunk driving, also known as driving under the influence of alcohol, or more commonly, driving while intoxicated (DWI).

The term BAC refers to the amount of alcohol in a driver's bloodstream. An important point to remember is that although the law makes reference to 0.08 percent BAC as the legal limit, one can still be convicted of drunk driving even if his or her BAC is below 0.08 percent.

It has been proven that consumption of even small amounts of alcohol will dull an individual's senses, decreasing reaction time and hampering judgment. Vision and mental alertness are also affected to some degree as well. If you consume any amount of alcohol and your driving is affected, you can be convicted of driving while intoxicated in a court of law.

Not surprisingly, it is also a violation of the law if a person operates a motor vehicle under the influence of a narcotic, hallucinogenic or habit producing drug. Motorists can also be convicted for allowing another person to operate a motor vehicle when that person does so in violation of the driving while intoxicated (DWI) law.

Most every New Jersey police department or law enforcement agency relies on breathalyzers to provide the evidence of a suspected drunk driver's blood alcohol concentration. However, there are occasions when police will look to obtain this critical DWI evidence through a sampling of the defendant's own blood. The extraction of a blood sample from the body of a suspected drunk driver will usually occur under the following instances:

• Defendant has been injured (police blood samples and/or hospital blood samples)
• Suspect refuses to provide a breath sample
• Defendant's BAC is dangerously high
• Defendant's BAC is unexpectedly low (due to suspected narcotic involvement)

A Montville, New Jersey, woman was recently sentenced to 48 months in jail after being convicted for her third drunk driving arrest as well as vehicular assault charges after hitting a police officer and two other vehicles in 2008. Having defended many New Jersey motorists accused of driving under the influence of alcohol, I can only say that this type of case needed serious DWI defense work.

According to news reports, Andora Needleman, 47, pled guilty back in August to a couple counts of vehicular assault, as well as driving while intoxicated, plus leaving the scene of an accident. One assault charge was for hitting Officer Kevin Milley, while the second was for hitting a car with a five-year-old child on board.

Superior Court Judge Salem Vincent Ahto revoked Needleman's driver's license for 10 years, which begins when she is released from prison. She is expected to apply for early release from prison under the state's Intensive Supervision Program, which is a stringent form of parole.

The incident in question happened in June 2008. Officer Milley was directing traffic at the intersection of Route 202 and River Road when the apparently drunk Needleman struck two vehicles in traffic in front of her then hit the officer. Milley, who suffered bruises and pain in his back, neck, arm and shoulder, told the defendant in court that he would have pulled his service gun and shot at her as she sped off but didn't because other vehicles and people were in the area.

After hitting the officer, Needleman kept traveling in her 2004 Ford pickup truck. Morris County Assistant Prosecutor Brian DiGiacomo said that Milley got Needleman's license plate, which allowed officers to trace the registration. They were waiting at her Taylortown Road home when she showed up.

According to police reports, Needleman's blood-alcohol level was 0.26 percent -- more than triple the 0.08 percent level at which a motorist is deemed legally intoxicated in New Jersey. Since the incident, Needleman has been undergoing treatment for alcoholism.

Montville woman gets prison sentence for third DWI, hitting cop, DailyRecord.com, October 8, 2009

New Jersey motorists charged with drunk driving may be surprised to learn that blood alcohol content (BAC) measuring devices such as the Alcotest machine can return falsely elevated BAC readings that don't reflect an individual's actual state of sobriety. As a New Jersey DWI defense attorney, I find that a percentage of people charged with driving under the influence of alcohol were not actually legally drunk due to faulty breathalyzer results.

Body weight, time since you last drink and other factors can greatly affect the results of the Alcotest device, a breathalyzer machine commonly used by New Jersey law enforcement agencies. One unexpected cause of false readings can be smoking tobacco.

There is some research that points to smokers as having a greater chance of being accused of DWI due to high BAC readings from a breath test. Actually, breathalyzers like the Alcotest machine don't really measure alcohol. Their design is such that they detect any compound containing the molecular structure of compounds in the methyl group -- which these devices take to be alcohol. This is extremely important for motorists who smoke, because these machines cannot distinguish the difference between alcohol and acetaldehyde.

For those without a medical degree, acetaldehyde is a compound produced by the liver in small amounts as a by-product in the metabolism of alcohol. Surprisingly, scientists have found that acetaldehyde concentrations in the lungs of smokers can be greater than that of non-smokers, many times much greater.

This is why it is quite possible that a smoker arrested for drunk driving based on a breathalyzer test is much more likely to have a falsely high BAC reading. It has also been discovered that cigarette smoking can influence the human body's absorption of alcohol.

Research on smokers found that venous blood alcohol concentration-time curves between zero and 30 minutes and 60 minutes and the peak BAC were significantly less during the smoking period compared with the non-smoking period. This scientific study concluded that the effect of smoking on alcohol absorption has "considerable social and medicolegal relevance," and that the ingestion of nicotine should be taken into account when dealing with legal issues involving alcohol metabolism.

This is only one more reason that anyone charged with DWI should consult with a drunk driving defense lawyer as soon as possible to discuss his or her case. There is never any reason for throwing in the towel just because a machine says you were drunk.