New Jersey DWI Lawyer Blog

Being caught driving drunk here in the Garden State can get many a motorist in hot water legally and financially; and it's no secret that police departments in Monmouth, Bergen, Sussex and Atlantic counties have virtually no tolerance for drivers who get behind the wheel in any state of inebriation. Frankly, with all the hype about anti-drinking and driving enforcement during the holidays, it's difficult to imagine that individuals still drive while potentially intoxicated, but apparenlty this happens with extreme regularity.

As New Jersey DWI defense attorneys, I and my colleagues are constantly reading about individuals who may or may not believe that they were intoxicated at the time of their arrest. Regardless of where one is picked up for operating a vehicle while impaired -- be that by alcohol, prescription medication (drug DUI) or illicit drugs like cocaine or marijuana -- the penalties can be severe and costly.

As drivers ourselves, we understand the reasons for anti-drunken driving laws, however the methods and evidence used against motorists can sometimes be questionable, to the point that a DWI case may have little chance of standing up in court. One thing, however, that can make a so-called "routine" drunk driving arrest stand out is when it coupled with a traffic accident. Property damage, injuries and certainly fatalities tied to an alleged drunk driving episode is nothing to sneeze at.

Continue reading "No DWI Charges Yet for New Jersey Man Involved in Fatal Ocean County Traffic Accident" »

While getting a summons for drunken driving should not be taken lightly here in the Garden State, there are worse alcohol-related offenses that one should be concerned about. Being arrested for drunk driving at a typical sobriety checkpoint is one way to be introduced to your local legal system, however if one were to be charged with DWI following an injury accident, this can be a much more serious situation.

As New Jersey DWI defense lawyers, I and my staff of qualified drunken driving defense attorneys have the skills and years of courtroom experience to represent motorists accused of impaired driving. This applies to alcohol-related DWIs as well as drug-related DUIs; for many people, it is not unusual to be arrested for impaired driving while under the influence of doctor-prescribed medications. Less common, but nonetheless valid are arrests that involve illicit drugs (also known as controlled dangerous substances, or CDS), such as cocaine and marijuana.

But all this pales in comparison to one of the most serious charges, that of driving under the influence and causing a fatal collision. While some individuals may debate the relative merits of consulting an experienced DWI attorney for a "simple" drunk driving charge, a DWI coupled with a potential vehicular homicide charge leaves little to ponder about.

Continue reading "Roxbury, NJ, DWI Accident News: Alcohol Blamed in Traffic Death of Mount Arlington Patrolman" »

Fighting a drunken driving charge is serious business and should never be taken lightly. Guilty or innocent, anyone who has been charged with DWI or drug DUI (usually because of alleged impairment due to prescription medication) needs to understand that the financial and social implications of a drunk driving conviction can have long-term effects on an individual and his or her family.

Too many times, a defendant has stepped into a New Jersey courtroom without the aid of an experienced legal professional only to lose his case and be hit with heavy DWI-related fines and penalties. As New Jersey DWI and DUI defense lawyers, I and my staff know the ins and outs of the state's legal system, and drunken driving law in particular. As a former municipal prosecutor myself, I have first-hand experience from the other side of the aisle regarding the methods and tactics of the state's legal representatives.

As a cautionary note coming from one who knows the potential pitfalls of a poorly executed DWI defense, the last thing a defendant wants to have, in addition to an actual DWI arrest, is charges related to a fatal car crash allegedly occurring as a result of being impaired while operating a motor vehicle. Serious consequences can result from a conviction for negligent driving, vehicular assault, or manslaughter by motor vehicle.

According to news reports, an Ocean County, NJ, resident was recently indicted on the charge of vehicular homicide, as well as numerous other charges following a fatal car crash on the Garden State Parkway in Monmouth County last April. Based on police reports, 20-year-old Eric Pereira was allegedly intoxicated while using a cellphone and exceeding the posted speed limit when his vehicle rear-ended a van, which fatally injured a 43-year-old Middletown man.

Based on a joint investigation carried out by the NJ State Police and the Monmouth Co. Prosecutor's Office, the April 2 crash occurred around 11am as Pereira was headed south in the local lanes of the Parkway at what police describe as a "high rate of speed." According to reports, Pereira's vehicle hit the victim's van from behind, causing that vehicle to hit a nearby guardrail, flip over and slide into the Parkway's express lanes.

Continue reading "NJ Drunken Driving News: Ocean County Motorist Charged with DWI in Fatal Garden State Pkwy Crash" »

According to news reports, witnesses in the fatal DWI traffic accident case against former "Melrose Place" actress Amy Locane stated that the TV star was found allegedly "giggling in a ditch" following the fatal 2010 drunken driving wreck that killed the driver and occupant of a second vehicle in June last year. Witnesses, including the police officer assigned to monitor the former star, stated that the woman was happy and laughing post-crash.

Whether one lives in Somerset County where this accident happened, or Ocean, Middlesex or Bergen counties, as a New Jersey DWI defense lawyer, I can tell you a drunken driving charge is severely complicated when an motor vehicle accident is also involved, much less a fatal traffic wreck. Based on news reports, the judge in the case could be allowed to give their testimony against the defendant.

These witnesses reportedly heard statements made by Locane prior to the woman's arrest on June 27, 2010, after her Chevrolet Tahoe smashed into a second vehicle carrying a man and his wife; 60-year-old Helen Seeman, a resident of Hopewell Township died as a result of the collision. Initially prosecutors challenged the Locane defense team's request to call a police detective and another driver allegedly hit by the defendant prior to the accident, stating that those individuals should not be allowed to testify as witnesses because they were not present at Locane's arrest.

One of those potential witnesses for the defense was the driver of a Honda Odyssey which was allegedly hit by Locane's vehicle earlier that evening. Following the suspect, Maureen Ruckelshaus, apparently had an interaction with Locane earlier that evening before the fatal drunken driving accident that killed Seeman. Defense lawyers believe that Ruckelshaus could provide testimony that might offer the court a window into Locane's state of mind and demeanor on that day.

Continue reading "Former "Melrose Place" Star Locane Tried in 2010 DWI-related Fatality in Montgomery County" »

If we've said it once, we've said it a thousand times; a drunk driving defense is only complicated when the DWI arrest is associated with a traffic accident. It makes little difference whether one lives in Bergen, Middlesex, Mercer or Atlantic County, when you throw in an injury or fatality along with a drunken driving accident the job of the DWI defense attorney is made that much more difficult.

Still, despite our suggestions to avoid driving while intoxicated, dozens of motorists every week are arrested here in the Garden State for operating a motor vehicle while impaired by alcohol or prescription medication (drug DUI); some of the individuals also become involved in what can only be termed DWI-related traffic accidents; some of which are fatal crashes, while others may entail only minor injuries.

Of course, as stated previously, killing another individual while allegedly under the influence of beer, wine or hard liquor is not a situation anyone wishes to be in. But it does happen, and with greater frequency than many people might guess. Not long ago, a Brick Twp. employee was charged with driving while intoxicated when he allegedly caused a traffic accident that left a teenager dead.

Based on news reports, 53-year-old Patrick Doyle of Ocean County was reportedly headed south along a stretch of Jordan Rd. when he attempted to pass a second vehicle on the two-lane road just after 10pm in the evening. In the process of the maneuver, police reports indicated that Doyle's vehicle entered the northbound lane, at which point the man's car allegedly struck the youngster who was on his skateboard near the shoulder of the roadway.

Continue reading "New Jersey DWI News: Following Fatal Crash, Brick Township PR Official Charged with DWI" »

While most people arrested and charged with driving while under the influence of beer, wine or hard liquor do little more than catch the eye of an observant police officer while operating their vehicle in a possible suspicious manner, other individuals charged with driving while intoxicated occasionally cause an accident. Of those drivers that do hit another vehicle while impaired by alcohol or prescription medication (drug DUI), some regrettably kill one or more people in the process.

As DWI defense attorneys here in New Jersey, we understand how a motorist can be accused of DWI following a routine traffic stop. Those that are convicted can expect relatively stiff fines and other penalties. But as bad as a DWI conviction can be, combining it with a fatal traffic collision is something nobody wants to experience.

Not long ago, a motorist from Lambertville admitted to driving while intoxicated when he caused a traffic accident that killed his passenger and injured two other people. As a result of a plea agreement, 25-year-old Jorge Orellana, a resident of Hunterdon County, NJ, was due to be sentenced to five years in jail in relation to the traffic crash that caused the death of 19-year-old Alonso Bautista in October 2010. Based on court records, Orellana will have to serve at least 85 percent of his sentence before he can even be eligible for parole.

As part of the court proceedings, Orellana reportedly pled guilty on two counts of vehicular assault that caused critical injury to two of his other passengers at the time of the collision. He was reportedly to be sentenced to four years in jail for each of the two assault charges. Those two sentences were expected to run concurrently with the vehicular homicide sentence. Orellana was also expected to lose his driver's license as well.

According to news articles, the deadly accident that resulted in the recent conviction happened in Trenton, NJ, last fall. The defendant had testified that he drank six beers that evening before getting into his vehicle and heading southbound on Rte 29. Not long after, around 1:30am, Orellana reportedly lost control of the near Sullivan Way. Prior to the trail, he had been held on $1 million bail.

As an illegal immigrant from Ecuador, Orellana will face deportation once he has served out his time and is released from prison.

Lambertville man admits driving drunk in Trenton crash that killed his friend, injured two others, NJ.com, April 29, 2011

Multiple drunk driving arrests, not to mention numerous DWI convictions can prove to be quite damaging to one's driving record, much less an individual's personal relationships, business career and standing in the community. Here in Monmouth County, just like in Ocean, Sussex and Bergen Counties, a driver who causes an accident while under the influence of alcohol faces a difficult uphill battle in the state's legal system.

As a New Jersey drunk driving defense lawyer, I understand how a traffic accident complicates a driver's DWI or drug DUI defense case. In situations where a death is also involved, the courts have little empathy for a defendant who is found to have gotten behind the wheel of his or her automobile in an impaired or drunken state.

A DWI-related traffic fatality is a much more serious issue than is a simple case of being stopped for a minor traffic violation. To say the least, a person in such a situation should definitely consult with a qualified legal professional. A circumstance that might call for an experienced DWI attorney was recently reported in the news.

According to reports, charges of driving under the influence levied against a Union Township resident were escalated to that of vehicular homicide in the case of a fatal accident along Interstate 78 last year in Somerset County. Based on news reports, a five-month police investigation resulted in serious charges being pressed against 38-year-old Amie Marroccelli in connection with a deadly car crash in Warren, NJ, last October 10.

Based on police reports at the time, Marroccelli was driving a BMW east along a stretch of I-78 just before 8pm when the woman's vehicle hit the driver's side door of a Subaru being operated by 22-year-old Steven Wall, who was also headed east. The impact between the two vehicles caused Wall's vehicle to spin then leave the roadway and, sliding down an embankment, striking a tree. Wall eventually died from injuries he sustained in the crash that evening.

Continue reading "Union Township Drunken Driving News: Prosecutors Upgrade Charges to Vehicular Homicide following Warren DWI Accident" »

It's a fair bet that most people don't wake up in the morning thinking, "I'm going to have a drunk driving accident." But time and time again, residents of the Garden State do wake up and sometime later that day they get behind the wheel of an automobile in a possibly intoxicated state. Some will be stopped by police and be issued a summons for driving under the influence of alcohol. Others may be arrested for driving while impaired because they didn't realize their prescription medication caused drowsiness and loss of concentration.

The point we make here, as New Jersey DWI defense lawyers, is that there are numerous ways in which a person can be cited for drunken driving. Whether you live in Essex, Bergen or Ocean County, a charge of driving while intoxicated or operating a motor vehicle under the influence of prescription or illicit drugs (drug DWI or DUI) can complicate a person's life down the road. Being charged with DWI and vehicular homicide following a fatal drunk driving crash is certainly the most serious.

But deadly drunken driving collisions do occur, and they can happen to almost anyone. Not long ago, a woman from Sussex County, NJ, was found guilty in the drug-DUI related traffic death of a 16-year-old West Milford boy back in 2008. According to news reports, the 39-year-old defendant, Julie Michaels, was found guilty on several charges that came out of that fatal crash.

Following a two-month long trial, it took the jury a couple days of deliberations to arrive at a verdict for Michaels, who was found guilty of vehicular homicide, assault by auto and four less serious charges. The woman will have to wait until May 13 for sentencing. The jury believed that Michaels had caused the fatal accident that killed Dylan Vecchiarelli, a passenger in the vehicle Michaels struck on March 3, 2008.

Based on court records, the defendant had crossed the centerline along a stretch of Rte 23 in Hardyston, her Jeep then hit head-on a Mitsubishi sedan driven by Danilo Diaz. Diaz survived the crash, but Vecchiarelli received numerous internal injuries and died at Morristown Memorial Hospital about a month later.

Continue reading "New Jersey Drunk Driving Defense News: Sussex County Woman Guilty in Fatal Drug DUI Accident" »

Traffic deaths occur with alarming regularity here in New Jersey, many of these crashes occur as a result of alleged impaired driving. State police and municipal law enforcement officers are constantly patrolling Garden State highways and surface streets looking for drivers who may be operating a motor vehicle while under the influence of alcohol or prescription medication.

Representing motorists involved in drunken driving arrest in Ocean, Bergen, Passaic and Monmouth County, I and my staff of experienced drunk driving lawyers understand the circumstances that can lead to a DWI or drug DUI arrest. Whether the charges are legitimate depend on the individual situation and the evidence that the prosecuting attorney has at his or her disposal.

When it comes to fatal drunken driving accidents, the police and the courts are not likely to be sympathetic to an accused driver in light of a DWI crash that has killed another individual. While each case is different, driving while intoxicated and causing an injury accident or fatal crash is not something anyone wants to happen to them.

Not long ago, a Millville, NJ, resident was sentenced to five years in prison in connection with a 2009 collision that killed a young man and injured his aunt, grandmother and cousin. According to news reports, Jessica Lane was the driver of a vehicle that rear-ended another car carrying Derrick Rosado, 22. Based on police reports, Rosado was riding in the backseat of the car, when it was struck from behind by Lane's vehicle.

Back in October, Lane pled guilty to charges of vehicular homicide and assault by auto, as well as being intoxicated at the time of the crash. Sentenced to five years in jail, she will have to serve a minimum of 85 percent of that sentence in order to qualify for parole, which is reportedly set at three years once she is released from prison. The sentence for the assault charge -- 18 months -- will run concurrent to the longer sentence. She was also fined for the drunk driving offense.

New Jersey woman gets five years for death of Myrtle Beach High graduate, TheSunNews.com, January 11, 2011

Regardless of whether you live in Burlington, Ocean, Monmouth or Passaic County, being charged with DWI where others were injured or killed can be quite serious. As New Jersey drunk driving defense lawyers, I and my staff are concerned with representing those individuals who have been arrested for driving while intoxicated, either by alcohol or a controlled dangerous substance (CDS), such as prescription medication, marijuana or other illicit drug.

In some cases, a charge of operating a motor vehicle while under the influence of alcohol or drugs (Drug DUI) can be combined with other serious charges, like vehicular homicide or assault by a motor vehicle. Unlike being arrested in connection with a minor traffic violation, these kinds of offense -- fatal DWIs and drug DUIs -- bring with them serious consequences if the defendant is convicted.

Such a case was initiated against a resident of Maple Shade, NJ, following a fatal car crash back in 2009. According to reports, 28-year-old Steven Ford was indicted not long ago by a Burlington County grand jury for the deaths of two people in Mount Laurel. In that crash, police charged the man with intoxicated driving in addition to two counts of first-degree aggravated manslaughter, two counts of second-degree vehicular homicide, and one count of fourth-degree assault by auto.

According to news reports, the fatal car accident took place on a Sunday afternoon along a stretch of Rte 38. Police reports indicate that Ford was driving his pickup truck in a westerly direction on Rte 38 at an allegedly high speed just prior to losing control fo the vehicle. The truck allegedly hit the curb of the grass center median, which caused the vehicle to be launched into the eastbound lanes of traffic. The pickup crashed into a sport utility vehicle and then a box truck.

Continue reading "Burlington County Man Indicted for Fatal Drunken Driving Crash that Killed Two People" »

Amy Locane, know for her role on the original "Melrose Place" television show, has reportedly been indicted on charges that she was drunk when the car she allegedly was driving crashed into another vehicle, killing one person and severely injuring a second. According to news articles, the accident took place in Princeton, New Jersey on June 27 last year.

Injuring, not to mention killing, someone as a result of a traffic accident can lead to serious consequences. Couple that with charges of drinking and driving and one can have a considerable legal problem on his or her hands. As a New Jersey DWI defense attorney, I hear about many drunken driving-related fatalities all across the Garden State, including Bergen, Ocean, Passaic and Essex County.

In this particular instance, 39-year-old Amy Locane-Bovenizer (the Trenton-born actress's married name) is charged with the DWI-related traffic death of 60-year-old Helene Seeman and the injury of the woman's husband, who was in critical condition at the time of news articles.

Based on information from the county prosecutor's office, Locane-Bovenizer rear-ended a car in Princeton, NJ, and allegedly drove away from the scene when the driver of the other vehicle attempted to contact police. Subsequently, Locane-Bovenizer's Chevrolet Tahoe hit the passenger side of a Mercury Milan driven by Fred Seeman as he was turning left into a driveway around 9pm. The man's wife, who was seated in the passenger seat at the time of the crash, was pronounced dead at the scene.

Locane-Bovenizer reportedly told police she had consumed some wine the night of the accident in Montgomery, NJ. New reports indicate that Locane-Bovenizer had been free on $50,000 bail pending a January court appearance. Originally charged with vehicular homicide, the actress could be looking at a maximum of 30 years in prison if convicted on the grand jury's stepped-up charge of first-degree aggravated manslaughter. An original count of third-degree assault with an automobile was also included in the indictment.

Amy Locane-Bovenizer of 'Melrose Place' indicted for aggravated manslaughter in alleged DUI case, LATimes.com, December 17, 2010

As a New Jersey drunk driving defense attorney, I know that injuring or killing another person as a result of a drunken driving accident is a serious situation; one that usually requires the services of a qualified legal representative, such as a DWI and drug DUI lawyer. When the case involves the injury or death of a law enforcement officer, there really is no question about retaining the services of a lawyer well versed in drunk driving law.

No matter where in the state a DWI accident occurs, be it Ocean, Middlesex, Somerset or Morris County, NJ, courts are quite strict in fatal DWI and drug DUI crashes. One such case is now in the making down in Toms River, New Jersey. According to news reports, an individual was arrested in connection with the death of an Ocean Gate patrolman on Thanksgiving morning.

Based on news articles, 31-year-old Erick Uzcategui of Manchester, New Jersey, was arrested and charged with vehicular homicide and drunk driving following the November 25 car crash that reportedly killed Officer Jason C. Marles. Police reports showed that the accident happened around 3am as Marles was on his way home from his shift.

Traveling northbound along the Garden State Parkway through South Toms River, Marles' Jeep Cherokee was apparently struck from behind by a BMW reportedly driven by Uzcategui. The impact forced the Jeep into a guardrail, after which the officer's vehicle went off the road and overturned. The Jeep hit a nearby pine tree and burst into flames. Marles died as a result of the crash.

According to police, four passengers in Uzcategui's car fled on foot following the accident, however all of them were apprehended by State Police not long after. Uzcategui himself was arrested and charged with vehicular homicide and DWI. At the time of the news reports, the accident was still under investigation and the suspect had been released on $250,000 bond.

Suspect released in DWI fatal that left Ocean Gate officer dead, APP.com, December 12, 2010

A New Jersey woman was recently convicted for the 2007 DWI-related death of a South Brunswick college student. According to reports, 35-year-old Kimberly Green was sentenced in a Middlesex County courtroom to 12 years in prison for her part in the fatal drunken driving accident. Based on reports, the defendant received an eight-year sentence for the death of Kylie Pinheiro, plus another four years for the injuring of the victim's cousin, Heather Pinheiro.

The court also sentenced Green to an additional four-year term for injuring another cousin of the victim, Melissa Pinheiro. That sentence is set to run concurrent with the other two. According to court records, Green will have to serve more than seven years before she can even hope to be eligible for parole.

As a New Jersey drunk driving defense attorney, I can say that adding a injury or fatal accident to a drunken driving arrest is very serious indeed. Drunk driving cases such as the one reported on here can land a driver in jail for many years, much less result in other penalties that can impact one's future livelihood.

In this particular case, Green, who is a mother of two and who worked as a counselor at Catholic Charities in Perth Amboy, NJ, rejected a plea deal which would have put her in jail for eight years. All through the trial, the defendant apparently maintained her innocence stating on the witness stand that she was not drunk at the time of the crash.

According to court records, Green was reportedly speeding along a northbound stretch of Rte 1 just before 3am on December 28, 2007. Police reports showed that the woman ran a red light at the intersection of Black Horse Lane, broadsiding a small Honda with Pinheiro and her two cousins riding inside.

Police said that the defendant's blood-alcohol content (BAC) following the accident was at least 0.159 percent, which is twice the legal limit in New Jersey. The 18-year-old Pinheiro was fatally injured in the crash and died at the scene. Based on court records, Green had reportedly refused an offer to stay at a friend's house over night, instead choosing to drive that fateful morning.

Woman convicted in DWI death of South Brunswick college freshman gets 12 years, MyCentralJersey.com, November 9, 2010

Any one who has ever been arrested for DWI or charged with drunk driving here in New Jersey would likely agree that law enforcement and the judicial system have a very low tolerance for DWI offenders. With intensive drunken driving campaigns, roadside sobriety checkpoints and enhanced DWI and DUI patrols on public roads, the pressure is on to reduce instances of driving while intoxicated.

As a New Jersey drunk driving defense attorney with a staff of professional attorneys, I was not too surprised to read that the state legislature has been pushing for mandatory sobriety testing following any fatal traffic accident here in the Garden State.

According to news reports, a bill sponsored by Democratic Assemblymen Nelson Albano (Cape May Court House) and Paul Moriarty (Turnersville) would make it mandatory for a driver to either submit to a breathalyzer test (such as the Alcotest device) or to give up an actual sample his or her blood to allow authorities to determine whether alcohol or drugs were present in that individual's bloodstream and therefore may have been contributing factor in the crash.

As a part of the bill, any individual who refuses this proposed mandatory testing would be subject to the same penalties as those levied against a driver convicted of refusal in DWI-related cases. First offenders could receive fines as high as $1,000, not to mention have their driver's license suspended for as much as two years.

Many are arguing that testing for possible drug use or alcohol consumption should be the rule where fatal or near-fatal accidents are concern. In fact, this new bill was created out of a fatal single-vehicle crash in Burlington County back in the summer of 2007. In that crash, a 17-year-old boy was killed when the vehicle in which he was a passenger hit a tree.

As permitted by law, the body of the dead teen, Anthony Farrace, was tested for the presence of alcohol or drugs, however the 17-year-old female driver was not required to submit to a blood-alcohol (BAC) test. The young woman was ultimately charged with careless driving -- paid $200 fine and her driver's license was suspended for six months.

N.J. bill would make drivers involved in fatal crashes submit to sobriety testing, NJ.com, August 08, 2010

According to news reports, a New Jersey man was found not guilty of homicide while driving drunk on an all-terrain vehicle. The original charges came from a DWI-related ATV accident back in 2009, which allegedly resulted in the death of another individual in Manchester Township.

Based on court records, 22-year-old Mark Renehan was declared not guilty in connection with the drunk driving-related death of his best friend, Jonathon Byram, on July 5, 2009. The charges at that time included homicide by vehicle while driving under the influence, drunk driving, involuntary manslaughter and reckless endangerment.

The young man's attorney stated that because of the nature of the case, the prosecution should have done a more thorough examination of the circumstances before bringing the case to trial. As it ended up, the lawyer for Renehan said that the acquittal was a "just outcome." The attorney went on to say that the jury came to the correct conclusion, especially considering that the defendant "lost his best friend" in the accident, making it a difficult trial for both his family and that of the victim's.

The trial covered the events of that fateful day when Renehan, Byram and a third man were riding in a Kawasaki 750LE Teryx. With Reneham at the controls, the vehicle left the north side of the roadway and rolled over onto the passenger side. The crash fatally injured Byram, who was seated in the passenger seat at the time of the accident.

Responding to a 911 call, State Police had detected an odor of alcohol emanating from him. Renehan said that he and his passengers had been drinking prior to the crash, according to an affidavit.

Renehan cleared in ATV homicide, WayneIndependent.com, September 30, 2010