New Jersey DWI Lawyer Blog

As a New Jersey drunk driving defense lawyer, I'll be the first to tell someone that mixing alcohol and motorcycle riding is a recipe for disaster. But sadly, drinking and driving even for seasoned bikers is not uncommon. When someone makes a mistake and takes to the road after having a drink or two, the result can be a DWI arrest at the hands of one of New Jersey's local, state or municipal law enforcement officers.

A news article not long ago told the story of a dual motorcycle crash that allegedly involved drunken driving. According to reports, three out-of-state riders met in a violent way on Route 78 near Bedminster, NJ, in late June. Police reports indicate that two motorcycles crashed in the early hours on a Sunday morning in northern New Jersey.

The crash, which the New Jersey State Police logged as a DWI-related claimed the life of a woman and left her companion critically injured. The other lone rider was arrested and charged with operating a motor vehicle while intoxicated.

Based on police reports, 56-year-old Paul Shelly and 45-year-old Nicole Widener were riding on Shelly's bike when it was struck apparently from behind by the second motorcycle driven by Maurice Smith, 36, of Patchogue, NY. Police said that Shelly was riding along the highway's center lane when Smith apparently attempted to pass them at what police describe as a "high rate of speed." According to the news, Smith's bike contacted with the rear wheel of Shelly's motorcycle causing the couple's vehicle to go out of control.

Widener was thrown into the roadway, where she was subsequently run over and killed by a car that then left the scene. Shelly ended up on the side of the road and was taken to Morristown Memorial Hospital, where he was listed in condition with leg and other injuries. Smith sustained several cuts and bruises and was treated at the hospital before being taken into custody.

Pa. woman dead in N.J. 2-motorcycle crash; one injured; one charged with DUI, PoconoRecord.com, June 20, 2010

Having worked for many years as a municipal prosecutor I gained a healthy respect for the people serving in law enforcement. Now as a New Jersey DWI defense lawyer, I defend motorists accused of driving while intoxicated, arrested by some of those very same officers. While I admire the dedication of our police and their commitment to public safety, it gives me pause when I read about patrolmen and other individuals associated with law enforcement who flaunt the very laws they are sworn to uphold.

Being accused of drunken driving is nothing to be taken lightly, especially when fines and jail time are fairly heavy and the social stigma of being convicted of driving under the influence of alcohol can very often ruin reputations and business careers. The police, like other persons of authority, have a duty to be exemplary role models to the rest of society.

A recent news article reminds all of us that police officers do not always practice what they preach, and sometimes cause great harm when ignoring the law themselves. Based on reports, forty-year-old Ruth Zelaya died on March 24 as a result of "complications from a 2007 car crash that killed her 2-year-old son and left her in a comatose state until her recent passing.

According to court reports, the three-year-old accident was caused by Kevin Freibott, a Middletown resident and Jersey City police officer. The former cop plead guilty in December 2007 to vehicular homicide, assault by auto and drunk driving. The ex-patrolman, now 40 years old, is currently serving an 11-year prison sentence and is not expected to face additional charges as a result of Zelaya's death due to the terms of his plea agreement.

The accident occurred in January 2007 on a stretch of the Pulaski Skyway in Jersey City following a Freibott's reportedly five-and-a-half-hour "drinking marathon." According to police records, the man's blood-alcohol content (BAC) was 0.242 percent -- better than three times the legal limit in New Jersey.

An FBI agent who saw Freibott's Jeep Cherokee shortly before the crash told authorities that it "blew by him like he was standing still," Hudson County Assistant Prosecutor Peter Stoma told Superior Court Judge Peter J. Vazquez.

News articles state that Freibott was fired from the Middletown police department in 2001 following a minor accident outside a tavern, however he was reinstated one year later. In 2005, he transferred over to the police department in Jersey City.

Other reports show that Freibott had a history of driving offenses dating back to 1986. According to New Jersey Motor Vehicle Commission records, the man had six traffic violations between 1988 and 2001, including two for speeding and one other for driving under the influence of alcohol.

SECOND VICTIM OF DRUNK COP DIES, RedBankGreen.com, April 27, 2010

A Morris County jury recently convicted a Dover, NJ, resident in connection with the April 2006 deaths of two teenage girls. As a result of the guilty verdict for aggravated manslaughter, the defendant Eugene Baum, Jr. could be looking at a maximum of 60 years in prison for the fatal drunk driving-related accident.

As a New Jersey DWI defense attorney, my law firm handles cases not unlike this one on a regular basis. Because of the facts in the case, it's not surprising that the prosecutors would be seeking the maximum sentence of 60 years in jail for the defendant. According to news reports, the accident occurred in Kinnelon, NJ, on April 20, 2006, when Baum ran over the two cousins while operating his vehicle in an apparent drunken stupor.

News articles stated that the jury deliberated for three hours before declaring the 48-year-old Dover resident guilty of two counts each of aggravated manslaughter and death-by-auto. Following the guilty verdict, the Morris County Prosecutor said his office would seek a 60-year sentence -- 30 years apiece for the aggravated manslaughters. The accident took the lives of 16-year-old Athear Jafar and 15-year-old Mayada Jafar.

In order to attain an guilty verdict on the counts of aggravated manslaughter, Morris County prosecutors had to prove that Baum was not only reckless but acted ''under circumstances that manifested an extreme indifference to the value of human life.'' They also had to find there was a probability that death would occur by his conduct. For jurors to find the defendant guilty of the death-by-auto charges, which carry punishment of up to 10 years in prison, they had to decide if Baum acted recklessly.

According to police, Baum's blood-alcohol content following the accident was 0.305 percent, or nearly four times the legal limit of 0.08 percent. Court records show that the man drove while intoxicated on vodka nearly 15 miles from his home in Dover and struck the girls from behind as they walked on the shoulder of the road. He never used his brakes, according to court documents.

Dover man convicted in teens' DWI deaths, faces 60 years in prison, DailyRecord.com, February 19, 2010

When it comes to car-pedestrian accidents, the person on foot rarely has a chance. Add alcohol consumption into the mix and that's a potentially deadly combination. The trial of a Jersey City police officer who was arrested for the drunk driving death of a pedestrian has recently come to its completion. According to news reports, the off-duty officer faces up to 10 years in prison for killing a pedestrian in an out-of-state DWI crash.

As a New Jersey drunk driving defense attorney, I have been on both sides of the aisle in cases similar to this one. An arrest for driving under the influence of alcohol, breath test refusal or prescription drug DUI is already a serious situation that calls for the assistance of a qualified drunk driving lawyer. In cases involving a fatality, whether pedestrian or another driver, an experienced DWI attorney is a necessity.

Based on news articles, the incident that led to the arrest occurred in Manhattan back in Early 2009. At that time, the former officer, Martin Abreu reportedly had a blood-alcohol content of 0.124 percent when he struck and killed 26-year-old Huang "Marilyn" Feng. Based on reports, Abreu's police partner was riding in the car with him at the time of the collision.

Court records show that Abreu's car struck Feng and her boyfriend as they were walking home just before 4am after an evening of dancing. When police and emergency personnel arrived at the scene, the obviously intoxicated Abreu was still behind the wheel of his 2007 Camry with the engine running. The driver admitted to responding officers that he had hit Feng.

The arresting officers described the suspect as having watery eyes, slurred speech, with the smell of alcohol on his breath and a bottle of liquor in the car. Initially, Abreu reportedly refused to submit to a blood-alcohol test, however he did eventually agree to take the test and blew a 0.124 percent reading.

Abreu, who had been with the Jersey City Police Department since 2005, was charged with two counts of aggravated vehicular homicide, two counts of aggravated vehicular assault, two counts of vehicular manslaughter in the second degree, two counts of vehicular assault in the second degree, and two counts of operating a motor vehicle while intoxicated.

According to news reports, Abreu will be eligible for parole in 3 1/2 years, while his maximum sentence can be as much as 10 1/2 years.

Jersey City cop gets prison for fatal drunken driving accident, NJ,com, February 24, 2010

Fatal 'DWI' cop's partner saw it all, NJ.com, February 10, 2009

As New Jersey DWI defense lawyer who defends clients arrested for drunk driving, I can easily say that being charged with driving under the influence of alcohol, marijuana or prescription drugs in connection with a minor traffic violation is nowhere near as serious as being arrested for an injury accident or fatal alcohol- or drug-related crash.

The state of New Jersey takes a dim view of intoxicated driving, which is why the penalties and fines associated with DWI and DUI convictions can be rather severe. Add an injury or death as a result of a drunken driving accident and the outcome of a drunk driving trial could mean a very long prison sentence.

Not long ago a jury heard the initial statement from a defendant regarding a July 2008 fatal drug-related DUI crash that left a motorcycle rider dead following a head-on wreck along Route 47. According to reports, the accident occurred on a summer afternoon when Nicholas Golden slammed into the biker as the two vehicles approached each other.

The rider, 20-year-old Craig Lozier was unable, according to Middle Township police, to avoid the oncoming car driven by Golden, an 18-year-old out-of-state resident. Based on police information, Golden and his passenger, 18-year-old Kyle Zalot were traveling southbound along Route 47 when they attempted to pass some other vehicles. It was at this time that the accident happened. Lozier was pronounced dead at the scene.

Four hours after the fatal crash, Golden was interviewed by a detective with the Cape May County Prosecutor's Office. News reports state that the defendant initially told investigators that Lozier had entered his lane, but he later admitted he was in Lozier's lane.

Police allege that Golden and Zalot had been smoking marijuana prior to the incident. Because of this, Golden was charged with driving while intoxicated, as well as one count of death by auto, a first-degree crime. He was also charged with other motor vehicle violations. Golden's next court date is scheduled for March 11.

Jury Will Hear Defendant's Initial Statement after Lozier Fatal Crash, CapeMayCountyHerald.com, Februrary 10, 2010

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

New Jersey has added another weapon to its arsenal of drunk driving laws, making even first-time DWI convictions more onerous for those caught driving while intoxicated. As a New Jersey drunk driving defense attorney and motorist myself, I've seen the aftermath of accidents caused by impaired drivers. At the same time, I also understand how even a single DWI or drug DUI conviction can haunt a person for many years to come.

The latest law coming out of Trenton last week now makes it mandatory that anyone convicted of a drinking and driving offense must have their vehicle fitted with a breathalyzer ignition interlock device. Not only does the stigma of a DWI conviction cost an individual in court fines and increased insurance premiums, now there is the added embarrassment and inconvenience of starting one's vehicle. All of which makes it imperative to seek the services of a DWI defense lawyer.

According to reports, legislation has now been passed and signed into law by acting Governor Sweeney to add mandatory ignition interlocks for all drunk driving offenses in New Jersey. Known as "Ricci's Law" in honor of the Egg Harbor Township teen killed by a hit-and-run drunk driver, the bill was signed into law on Thursday, January 14.

The now-mandatory ignition interlocks incorporate a breathalyzer-type device that only allows a car to be started is the driver is sober. When attempting to start the vehicle, the driver must first blow into the device. If the interlock registers above a specific blood-alcohol content (BAC) -- usually greater than 0.02 percent to 0.04 percent -- the vehicle is rendered inoperable.

Under the measure, any person convicted of drunk driving will be required to install an ignition interlock device in any motor vehicle principally owned by the offender, though first-time offenders would have to have a BAC of at least 0.15 percent. In such cases, the court will require first-time offenders to install the interlock for a period of six months to one year.

The previous law imposed driver's license suspensions on all persons convicted of drunk driving. That penalty is still in effect.

Under the new law, the interlock device will also be mandatory in all cases and will be required to be in effect during the period of time that the license is suspended. In addition, persons who are convicted of refusing the breath test also will be required to install an ignition interlock device.

Bill Requiring Ignition Breathalyzer For DUI Convictions Now Law, NJToday.com, January 15, 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" »

Drunken driving, or DWI (driving while intoxicated), is a serious offense in New Jersey. From Atlantic City to Newark, law enforcement agencies and state legislators are getting more and more tough with people who drive under the influence of alcohol. As a New Jersey drunk driving defense lawyer, I and my colleagues understand the dangers of driving under the influence of alcohol or prescription drugs (DUI or drug DWI).

Recently, the New Jersey state legislature has taken on the task of making those convicted of fatal DWI traffic accidents go to jail and stay there longer. These days a conviction in the Garden State for operating a motor vehicle while inebriated is an expensive proposition; killing another person while drunk usually calls for jail time -- soon that jail term may be longer than many expect.

According to news reports, a bill entitled "Josh's and Craig's Law" could increase the penalties for motorists who cause a fatality as a result of a DWI traffic accident. The new legislation is being sponsored in the state Senate by Senator Jeff Van Drew and in the Assembly by Assemblymen Matt Milam and Nelson Albano.

The bill takes its name from Josh Moren and Craig Lozier, who died within weeks of each other in similar DWI-related accidents in Cape May County last year. The common thread, according to news reports, is that these two individuals were apparently killed by drivers who allegedly were driving under the influence of a large amount of alcohol, or a mix of drugs and alcohol.

Moren, who was 18, died in June of 2008 along Route 47 in Middle Township just three weeks after graduating from Sacred Heart High School. He was killed by 48-year-old Laura Lippie of Bridgeton, NJ. Lippie is currently serving more than sevens years in prison at Edna Mahan Correctional Facility for Women.

According to news articles, the new law would mandate a minimum sentence of 10 years for an DWI offense involving high levels of intoxication, such as Lippie was convicted for. Based on court records, Lippie pleaded guilty to having spent the day before the accident drinking vodka. Her blood-alcohol content (BAC) at the time of the accident was measured at 0.37 percent -- more than four times the legal limit.

Several weeks after Moren was killed, Lozier was hit by a drunk driver as he was riding a motorcycle on Route 47 near his home in Cape May Court House. Police reportedly filed DWI and drug possession and distribution charges against Nicholas Golden, the driver who hit Lozier. Golden was subsequently indicted on first-degree aggravated manslaughter charges, which carries between 10 and 30 years in prison. At the time of the news article, Golden was free on bail pending trial.

Continue reading "New Jersey DWI News: Pending Legislation could Increase Jail Sentences for Fatal DWI Accidents" »

I colleague was able to achieve an excellent result in a DWI case recently. In this regard, the defendant had a blood alcohol content of .115 while striking a pedestrian. The rub is that the pedestrian was also intoxicated, possessing a BAC of .26. The allegations were that the deceased walked into oncoming traffic with little to no warning. A grand jury refused to indict the defendant on a felony offense of death by auto so the case was remanded to municipal court. The defendant was found guilty of DWI and was sentenced to thirty (30) days in jail. The Asbury Park Press reported this weekend that the defendant's appeal of the sentence was denied.

Following the initial ruling in this matter, I received several offensive comments on my blog, as well as emails of similar attack. I assume that the related individuals felt we were a good target to voice displeasure given our prominence as NJ DWI Lawyers. While it might be hard for the complaining individuals to accept, causation is a requirement in order to hold an individual criminally accountable for death by auto. An indictment was not returned in this case because a Grand Jury panel of citizens heard the evidence and simply found that, although the defendant was intoxicated, he was not the cause of the fatality. The driver was therefore not indicted. Notwithstanding, the defendant is going to jail for thirty (30) days.

I certainly understand a level of frustration on the part of some given the fact that the defendant was intoxicated, however, the law cuts both ways. The defendant here was not guilty of assault by auto and therefore the most that could be imposed in terms of jail was significantly limited. The municipal court judge found that thirty days was appropriate. The situation could have gone much different but the facts simply did not support such a result.

A Woodbridge, NJ, man was sentenced to eight years in prison recently for a fatal drunk driving accident that killed a Perth Amboy patrolman. Sean McGuirk, 25, received his sentence in a New Brunswick courtroom on September 17 for the August 2008 crash that killed 31-year-old Thomas Raji and injured two other people. Although there are many kinds of drunk driving charges, as a New Jersey DWI defense lawyer I will say that the most serious cases involve injury accidents and fatal wrecks.

McGuirk's sentence also shows what can happen when a motorist drives drunk and kills a law enforcement officer. This case was tragic and can only serve as a reminder that drinking heavily and operating a motor vehicle are not compatible.

On August 21, 2008, McGuirk was admittedly drunk when he left the Big Shots Bar in Woodbidge and got into his car. According to court records, he had been drinking for four hours starting around 11pm. He said he had "five or six drinks" before leaving for home at about 3:30am. He had testified that he also had alcohol in his car.

Driving south on Green Street, McGuirk ignored the red traffic signals of both the northbound and southbound crossings at the Route 1 intersection, where he broadsided a Perth Amboy police cruiser carrying Raji, another officer and a prisoner being transported to the Middlesex County Jail.

Traveling 45 to 50 miles an hour in a 25-mph zone, McGuirk's vehicle impacted the driver's side of the cruiser. The force of the crash critically injured Raji, seriously injured the 44-year-old Mercurio and caused lesser injuries to the prisoner in the back seat.

Raji was airlifted to Robert Wood Johnson University Hospital in New Brunswick, where he was pronounced dead. The officer, who took much of the impact, suffered brain hemorrhaging, broken arms and ribs and multiple internal injuries.

Mercurio had to leave the police force due to injuries received that day. He reportedly still suffers from a brain injury and double vision, as well as chronic pain from having so many broken bones -- most of the bones in his face were broken and he needed surgery to rebuild his eye sockets.

Following the crash, McGuirk's blood-alcohol content (BAC) was measured at 0.13 percent, considerably higher than the legal limit of 0.08 percent. He was charged with vehicular manslaughter and two counts of assault by auto and driving while intoxicated. The state agreed to recommend the dismissal of aggravated manslaughter as well as two counts of aggravated assault. The state also agreed to recommend a sentence of eight years.

8 years for man who killed cop in crash, ABCLocal.com, September 17, 2009

Death driver hears of lives he wrecked, NJ.com, September 18, 2009

Accidents happen, that's a fact of life. But fatal automobile accidents involving alcohol or drugs is another matter altogether. Last weekend, a 37-year-old man allegedly driving drunk hit a New Jersey family traveling on State Highway Route 9 near the intersection of Bennett's Crossing in Cape May County, killing a husband and father of three.

As a New Jersey DWI defense attorney, I have represented individuals caught up in similar accidents. Fatal auto accidents involving drug or alcohol intoxication receive very close scrutiny by law enforcement authorities. Having a qualified drunk driving defense lawyer working for you is essential in cases like this one. The facts of this particular case are difficult to dispute.

According to police reports, around 8:30 in the evening of September 5, John J. Lawless from Philadelphia was driving in the northbound lane of Route 9 approaching Bennett's Crossing in Lower Township, NJ. News accounts said that his car apparently failed to follow the slight curve in the road. Entering the southbound lane, Lawless struck, almost head-on, an oncoming vehicle driven by 50-year-old Fredrick H. Shelton.

Shelton's car, which was also carrying his wife and their 13-year-old daughter, was struck in the front driver's side, near the front tire. The force of the impact caused Shelton's car to spin partially into the Bennett's Crossing intersection where the vehicle came to rest facing north in the southbound lane of travel. Meanwhile, Lawless' vehicle continued past the intersection and came to rest facing westbound straddling the northbound and southbound lanes.

Paramedics arriving on the scene attempted to revive Shelton using CPR, however they were unsuccessful and the man was pronounced dead not long after. The man's wife, Sheri Shelton, was transported by the Lower Township Rescue Squad to the Atlantic City Regional Trauma Center where she was listed in critical condition following emergency surgery.

The Shelton's 13-year-old daughter was initially transported by the Lower Township Rescue Squad to Cape Regional Medical Center where she was stabilized then air lifted to Cooper Hospital in Camden New Jersey.

According to reports, the suspect had a strong odor of alcoholic beverage on his breath. He was transported to Atlantic City Regional Trauma Center and admitted to the hospital for injuries sustained in the accident. Lower Township Police Officers proceeded to Atlantic City Regional Trauma Center and retrieved blood samples from Lawless as part of the investigation.

According to new reports, Lawless' Pennsylvania driver's license has been suspended since 2001 and he had multiple arrests for driving while intoxicated in that state. Police have charged Lawless with one count of death by auto and two counts of assault with a motor vehicle. In addition, he has been charged with DWI, operating a motor vehicle with a suspended drivers license, reckless driving, and failure to maintain a single lane.

Man charged with DUI, vehicular homicide, ABCLocal.com, September 14, 2009

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

A New Jersey court has sentenced a Glassboro, NJ, man to seven years in prison for a 2008 drunk driving accident that caused the death of his friend. Arthur L. Anwar Jr., 53, pled guilty to vehicular homicide last Friday for the fatal DWI traffic accident in Monroe Township last December 21. The Superior Court judge handed down the sentence as recommended by the assistant Gloucester County prosecutor for the second-degree offense of causing a death while driving under the influence of alcohol.

According to earlier reports, the seven-year jail term was offered in exchange for a guilty plea. As a New Jersey drunk driving defense lawyer and former municipal prosecutor myself, I have vast experience with cases just like this one. In this instance, if the defendant had held out for a jury trial, he could have received a maximum of 10 years for the death of his friend, 24-year-old Arthur L. Davis, also from Glassboro. The defense's case was complicated by alleged evidence of cocaine found on the suspect, though no drug DUI charges were actually levied.

According to police reports, the deadly accident happened in the early morning hours a few days before Christmas. Leaving from a bar in Glassboro, Anwar was driving his 1997 Mazda, with Davis in the front passenger seat, when the car crashed into the back of a dump truck on Glassboro Road in Monroe Township. Davis died in the hospital from multiple injuries not long after the collision. Anwar had admitted to being the driver of the vehicle and when police measured his blood alcohol content (BAC) they foudn it to be an incredible 0.205 -- two and one-half times greater than the legal limit in New Jersey.

This was a very tough case to defend, since the defendant's BAC was so very high and the crash resulted in a fatality -- the drugs, while not officially part of the charges, could have made things worse for the defendant in a jury trial. This is a perfect example of why we always recommend that anyone arrested for driving while intoxicated, drug DUI or breath test refusal retain the services of a New Jersey DWI Attorney.

Glassboro man gets 7 years in 2008 drunk-driving death of his passenger, NJ.com, June 26, 2009

No cut in bail for DWI suspect, NJ.com, April 18, 2009