New Jersey DWI Lawyer Blog

LyndhurstA 56-year-old out-of-state woman was arrested and charged with DWI after she apparently left the scene of a minor accident. According to police reports, officers were called to the scene of a motor vehicle accident on a late Monday afternoon, from which one of the drivers had subsequently left. At nearly the same time, police received reports of an allegedly intoxicated person in a Quality Inn parking lot across the street from the accident. The woman was taken into custody and eventually released on summonses.

East Rutherford
A 21-year-old Weehawken, NJ, female resident was stopped by police after officers observed the driver make a U-turn along New Jersey's Route 120 and in the process hit the center divider of the highway. After pulling over the suspect's car police determined that the woman was apparently intoxicated. Officers noticed a plastic bag in the vehicle, which the driver eventually identified as containing marijuana. She also admitted to police that she had planned to sell the controlled dangerous substance (CDS). The woman was arrested and charged with multiple violations including possession of CDS under 50 grams and possession of marijuana with intent to distribute.

A Hasbrouck Heights man was arrested for drunk driving after several people called police to report a vehicle hitting a light pole around 7am. The 54-year-old driver was located by officers not far from the accident scene in a vehicle matching the description provided by the witnesses. Officers asked the driver to perform several field sobriety tests, which he allegedly could not complete successfully. He was given a breathalyzer test that returned a blood-alcohol content (BAC) of 0.18, according to police.

A Passaic, NJ, man was arrested in the early morning hours on a Sunday after officers reportedly observed him peel out from a stop sign on Carlton and Paterson avenues, then accelerate quickly. The man was pulled over and allegedly could not successfully complete the field sobriety test, and his blood alcohol levelwas 0.18, according to police. He was subsequently released to a responsible party.

A local man was arrested on a Tuesday and charged with possession of CDS in a motor vehicle. The arrest followed a traffic stop after officers noticed a vehicle being driven erratically. As the man exited his vehicle, a paper towel tube allegedly containing crack cocaine fell out of the vehicle. Officers took the driver into custody charging him with possession of crack cocaine, careless driving, being an unlicensed driver, failure to exhibit a driver's license and possession of CDS. He was issued summonses and released.

BLOTTER: 07/22/10 issue, LeaderNewspapers.net, July 22, 2010

East Hanover, New JerseyA 35-year-old Elmwood Park woman was issued a summons for drunk driving as well as leaving the scene of an traffic accident after she reportedly hit another vehicle along Rt. 10 near the Algonquin Pkwy early last month. A Hanover police officer as well as several other patrolmen from East Hanover were called to the scene of the accident where the driver was arrested on the spot and taken to headquarters for a breathalyzer test. According to news reports, the woman refused to take a blood-alcohol content (BAC) test at the police department, after which she was issued additional summonses for refusal to submit to a breath test, careless driving, reckless
driving and failure to report a motor vehicle accident.

A Brooklyn, NJ, woman was arrested on charges of marijuana possession in a vehicle early on a Sunday morning. The patrolman at the scene saw the driver apparently smoking pot in a parked vehicle at Summerfield Suites. While undergoing processing at the headquarters, officers were alerted to the fact that the driver was also wanted on a $350 Alpine warrant for failing to appear on a previous motor vehicle charge. The driver posted bail after being charged with possession of marijuana and a motor vehicle summons for possessing a drug in a motor vehicle.

Madison, New Jersey
A 25-year-old resident of Roselle, New Jersey, was charged with driving under the influence of alcohol in the early morning hours on a Saturday. The driver was initially stopped for speeding and then determined by officers to have been operating his vehicle under the influence of alcohol. The man was taken to police headquarters for processing and subsequently released to a family member pending a court appearance.

A Montville man was also stopped for speeding the next day during the early morning. According to reports, the 38-year-old driver was determined by patrolmen to be intoxicated while operating his vehicle on public roads. He was transported to police headquarters, processed and subsequently released pending a court appearance. He was charged with DWI as well as being issued a motor vehicle summons for speeding.

Police blotter: Marijuana bust in Hanover, DailyRecord.com, July 16, 2010

Being pulled over by a policeman in New Jersey while driving under the influence of alcohol can be just the beginning of a difficult and costly episode in one's life. Getting pulled over for DWI while visiting or just passing through the Garden State can mean a variety of things, not the least of which is denial of that individual's right to operate a motor vehicle in this state.

As a New Jersey lawyer dedicated to defending individuals arrested for DWI, DUI or breath test refusal, I understand how easily a driver can end up with a drunk driving conviction on his or her record. As a former municipal prosecutor, my knowledge of the state's procedures gives me better insight into the process and potential outcomes.

For out-of-state drunken driving offenders, the end result is dependant on a number of factors. Regardless of the circumstances however, being convicted of driving while intoxicated either by use of prescriptions drugs or liquor is something you should avoid if at all possible.

While a patrolman may not at first be aware of whether or not a driver has had too much to drink, the officer can stop you for any number of potential traffic violations such as running a red light, making a lane change without signaling or not maintaining ones lane.

New Jersey's drunk driving laws apply to all motorists regardless of whether or not one is a resident. However, for out-of-state drivers a possible conviction for DWI does not arise as a result of the state where an individual obtained their drivers license. Specifically, when an individual licensed in a state other than New Jersey is charged with a drinking and driving offense here in New Jersey, all that this state can do is enforce the particular DWI, drug DUI and/or refusal charge by limiting that driver's ability to operate a motor vehicle within New Jersey.

Continue reading "NJ Drunk Driving Update: How a New Jersey DWI Arrest Affects Out-of-State Motorists Caught Driving Under the Influence" »

Anyone considering driving under the influence of marijuana should definitely understand the law here in the Garden State. In fact, anyone who knowingly is in possession of pot, weed or hash while operating a motor vehicle runs the risk of being arrested and charged with a violation of New Jersey law, specifically N.J.S.A. 39:4-49.1 - this is no joke. The cops will arrest you and local prosecutors will push for a conviction.

As a New Jersey DWI and drug DUI defense lawyer, I have years of experience in this area. Having been a former municipal prosecutor, I also know the lengths to which the state will go to secure a conviction. Understanding the prosecution's tactics, however, helps me to provide an aggressive defense for individuals accused of violation the law.

A news article not long ago detailed a couple arrests out of Morris County. These marijuana possession cases are not unlike those that occur every month throughout the state. Whatever the circumstances, if marijuana is found in your car, the police will usually issue a summons for marijuana possession in a motor vehicle. If found guilty, you could have you driver's license suspended for a lengthy two-year period with no chance for an special provisions or conditional license. Without the ability to drive, one could lose his or her job over such a conviction.

According to news reports, officers patrolling the Cinema 12 parking lot investigated what they felt as a suspicious vehicle at the rear of the theater. On closer inspection police wound remnants of a cigar near the driver's side door. At the time, the vehicle was occupied by two men. The driver, a 19-year-old Denville resident, was arrested when a small quantity of marijuana and a pipe were discovered in the vehicle. Police charged the man with under-50-gram possession of marijuana, possession of drug paraphernalia and possession of controlled dangerous substances (CDS) in a motor vehicle.

About a week later, police officers responded to a parking area at 200 Baldwin Road following reports of a suspicious vehicle. As the officers approached the vehicle, they noticed what appeared to be a marijuana cigarette sitting on the vehicle's center console. The 19-year-old driver was charged with possession of marijuana (under 50 grams) and subsequently released on his own recognizance pending a court date.

Parsippany: Police Blotter, NorthJersey.com, May 5, 2010

Drunk driving arrests can happen anywhere, anytime. In the Garden State, state police and local law enforcement agencies have little tolerance for motorists who drive while under the influence of alcohol, prescription drugs and marijuana, and illicit and illegal drugs (also known as controlled dangerous substances, or CDS).

As a New Jersey drunk driving defense lawyer, I and my staff have vast experience defending drivers accused of operating a motor vehicle while impaired by alcohol or drugs. In fact, it is common for drunken driving charges to be brought against an individual who is suspected of driving under the influence of drugs (also known as DUID). These include but are not necessarily limited to narcotic, hallucinogenic, or habit-forming substances.

It is important to understand also that New Jersey law prohibits driving if a person is impaired by marijuana, cocaine, or other narcotics -- which even includes prescription drugs such as morphine. For legal purposes, the standard of proof used to establish a narcotic-based DWI charge has been established in the 2006 court case of State v. Bealor. Furthermore, in State v. DiCarlo, the law actually defines the term narcotic -- for the specific purpose of establishing a basis for driving while intoxicated charges here in New Jersey.

Defending against a DUID requires a slightly different approach than that of a DWI defense, at least in the area of blood and breath tests. One area in particular is challenging any chemical test that may have been administered to evaluate a driver's alleged drug use. It's a fact that New Jersey's implied consent law applies only to alcohol and doesn't require that a motorist to provide blood, breath or urine samples when he or she is suspected of driving while impaired by drugs.

It is important to note that the law makes a distinction between drivers of privately-owned passenger cars and truck drivers (or other person with a commercial driver's license or CDL). These individuals are required to take a chemical test if they are involved in a traffic accident or even suspected of driving under the influence of drugs.

When it comes to chemical tests, it is understood that the concentration of a drug in the bloodstream does not necessarily reflect the level of that individual's intoxication. For DUID defense purposes, chemical tests (when used to detect drugs in the bloodstream) are only valid if they were administered by a DRE or drug recognition expert. If the police station tests a driver but has no DRE on staff, the evidence will be inadmissible in a court of law.

Marijuana and Drug Possession in a Vehicle
While not an instance of drug DUI, an Elizabeth, NJ, man was arrested on a Sunday evening after being stopped for driving with an obstructed view Law enforcement officers will usually use a common traffic infraction, such as incorrect lane change or inoperative brake light, to initiate a traffic stop that might result in a further drunken driving or prescription drug DUI arrest. In this particular case, the officer charged the driver with possession of marijuana, possession of drug paraphernalia including a hypodermic needle, and possession of suspected Oxycodone. The man was also served with summons for operating a motor vehicle with an obstructed view, driving under a suspended driver's license, not to mention possession of a controlled and dangerous substance (CDS) in a motor vehicle.

Drunken Driving Arrest following Accident
A Plainfield resident was stopped in the early morning hours following the reports of an accident at South and Hollywood avenues just before 3am. Police officers found a 23-year-old driver at the scene and apparently detected the smell of alcohol on the motorist's breath. The driver was arrested and charged with driving while intoxicated and careless driving.

CDS Possession in a Vehicle
A Newark driver, whose vehicle apparently looked very suspicious, was pulled over by a Cranford police officer on the grounds that the vehicle had illegally tinted car windows. During the traffic stop the officer noticed evidence of marijuana and smoking paraphernalia inside the 25-year-old's vehicle. The driver was arrested and charged with possession of marijuana in a vehicle, as well as possession of drug paraphernalia.

In a similar incident, an 18-year-old Hillside driver, who had a juvenile passenger riding with him, was stopped around 11:30pm on a Thursday night on Cranford's North Avenue near Carpenter Place. Both the driver and his younger passenger were charged with possession of marijuana and paraphernalia.

CDS Drug Possession in a Vehicle
A Warren, NJ, resident was stopped for not having properly functioning rear brake lights on a Monday afternoon at the intersection of Raritan Road and Centennial Avenue. The routine traffic stop soon led to drug arrest when the officer noticed evidence of drug paraphernalia in the 44-year-old's vehicle. The man was arrested and charged with possession of heroin and possession of drug paraphernalia.

In another case of CDS possession in a vehicle, a man from Jersey City man was stopped by a traffic patrol officer for having illegally tinted windows during the early morning hours on a Saturday. According to police reports, the 34-year-old driver was stopped just after 2am Centennial Avenue. Noticing that the driver was apparently intoxicated, the officer also apparently saw some drug paraphernalia during the drunk driving arrest. The driver was charged with marijuana possession, possession of drug paraphernalia, not to mention driving under the influence of alcohol. Police also charged him with possession of a controlled dangerous substance (CDS) in a motor vehicle.

Cranford police make narcotics, DWI arrests, NJ.com, April 15, 2010

Some drug arrests have been known to start with a DWI or drug DUI traffic stop. There's usually some reason for the initial stop, but a driver speeding down the highway is not a hard mark for a drunk driving or traffic enforcement patrol. A recent news report from Bergen County, NJ, shows the lengths that local police officers will go to apprehend a suspected drunken driver. As a New Jersey DWI defense lawyer, my legal experience includes years of defending motorists charged with driving while intoxicated either by alcohol, illicit drugs or prescription medications.

According to reports earlier this month, law enforcement officers from a number of towns in the vicinity of Mahwah, NJ, joined in a high-speed chase that began when a 1992 Toyota Celica was observed speeding along Route 17 in Mahwah around 2:30am. At that time, Mahwah Police Officer Stacy Conley apparently attempted to block the vehicle by pulling his patrol car across the highway with lights on. However, the Celica avoided the officer by veering onto the shoulder and kept traveling southbound at a high rate of speed.

The Celica's driver, 26-year-old Shahan Momin, was eventually being pursued by police vehicles from Bergen County, Paramus, Rutherford and Lyndhurst. Toward the end of the chase, Momim reportedly tried to pull of of 17 onto Route 3 but lost control of his vehicle, which rolled several times ending up in an opposing lane of the roadway.

Police quickly swarmed the suspect's vehicle taking Momim into custody by Mahwah police officers. Momin, a New York resident, was transported by Lyndhurst EMS to Hackensack University Medical Center, where police said he was treated and admitted for serious back and arm fractures.

A subsequent search of the man's car turned up a1.5 pounds of marijuana as well as various pieces of pot paraphernalia in the trunk. During his hospital stay, Momim was given a blood-alcohol content (BAC) test which revealed he was legally intoxicated. He was also charged with operating a vehicle without insurance.

From the search, police added charges of pot possession with the intent to distribute. The man was also hit with charges of eluding police, DWI, speeding, unsafe lane change, failure to yield to emergency vehicles, reckless driving, having a controlled dangerous substance (CDS) in a motor vehicle, and being uninsured.

Mad chase leads to crash, DWI, lots of pot, CliffViewPilot.com, June 6, 2010

Understanding how the police and court system approaches drunk driving offenders is the first step in preparing yourself for a possible DWI arrest in the future. Of course, no one wants to be charged with driving while intoxicated and most people are usually unprepared when it does happen. But being taken into custody for driving under the influence is the beginning of a protracted extended process.

As a New Jersey drunk driving defense lawyer and former municipal prosecutor, I believe knowledge is power. Below are some additional pieces of information that go along with a previous entry elsewhere in this blog. My hope is this may help some drivers when if and when they are pulled over for DWI, drug DUI or marijuana possession in a vehicle.

When it comes to drunk driving, a police officer may suspect that you have been operating your car or truck while impaired. One way for the patrolman to make a decision on whether to take you to police headquarters for a breath test is the use of several standardized field sobriety tests.

Field sobriety tests are one of the main tools of law enforcement and can be used as one of many pieces of evidence to prove that you were, in fact, under the influence of alcohol or prescription drugs at the time of the arrest. These tests typically involve three separate tests:

1) The walk-and-turn test
2) The one leg stand test
3) The horizontal gaze nystagmus

This last one is something many people have seen in the movies and on TV where the patrolman asks the subject to follow a light or a finger with his eyes from one side to the other.

In addition to these tests, the officer will be watching and noting nearly every thing you say or do during the traffic stop, all of which may be used in court as evidence to gain a DWI or drug DUI conviction. Even how you get out of your car can be noted and used against you by the prosecutor's office.

Continue reading "New Jersey DWI Defense Update: What Every Driver Should Know If Stopped for Drunk Driving -- Part Two" »

As a New Jersey DWI defense attorney, my job is to provide motorists accused of drunk driving or drug DUI an aggressive defense against the charges. Taking into account that the state's case usually hangs on the strength of the evidence presented at trial, this evidence must not be tainted in any way for the prosecution to have a chance of conviction in instances of driving under the influence of alcohol or prescription drugs.

As a former municipal prosecutor myself, I know first-hand how important it is that police follow proper procedures when collecting evidence against an individual. If not done correctly, as a drunk driving defense lawyer, I know that opportunities exist to have the such evidence ruled as inadmissible by the court. A recent decision by the Superior Court of New Jersey, Appellate Division (STATE v. MANSOORY) overturned an earlier conviction based on the manner in which drug evidence was collected from a defendant's vehicle at the time of the arrest.

Leading up to the original case against Darius S. Masoory, which was tried in Cape May County, the defendant was arrested on charges of possession of cocaine after a search of the defendant's impounded vehicle, following his arrest on suspicion of drunk driving at a ferry terminal operated by the Delaware River Bay Authority (DRBA).

The search of the vehicle occurred because the defendant's friend was unable to drive the vehicle home, and therefore impound procedures require DRPA officers to inventory the contents of any legally impounded vehicle. In the curse of the inventory procedure, the officer found the wallet in the driver's side door.

The officer also inventoried the contents of the wallet, according to court records. During the inventory he found three folded white pieces of paper with white powder which was later tested and confirmed to be cocaine. The defendant's lawyer moved to suppress that evidence on the grounds of illegal search and seizure.

Although the court agreed that the DRBA officer had followed protocol, it agreed with the defendant and threw out the cocaine evidence. The judge in the case stated that if the officer was suspicious that the folded papers contained illegal drugs or drug paraphenalia, he should have obtained a search warrant to search the contents of the papers.

In unfolding and looking at the contents of the folder papers, the court said that the officer went beyond the permissible scope of an inventory search because he was no longer looking for items of value for purposes of safekeeping. The court thereupon granted defendant's motion to suppress the cocaine found within the folded pieces of papers.

According official records, when the State appealed the lower court's decision, the New Jersey appellate court agreed with the lower court and denied the State's appeal.

Marijuana CDS
In a possible drug DUI incident in North Arlington, NJ, two 20-year-olds in a light truck were stopped by a police officer who had been alerted by local residents to a possible marijuana drug deal going on in a local neighborhood. The traffic stop occurred on Belmont Avenue just before 4pm on a weekday. When the two men -- who apparently were passengers in the truck -- denied holding any marijuana, the officer told them that he would call in a drug sniffing dog to investigate. At that point, one man reportedly ran from the scene. He was eventually caught and arrested. Both he and the other 20-year-old were charged with possession of controlled substances and later released on summonses.

In Lyndhurst on a Saturday evening, police approached an apparently suspicious looking car that was sitting in a lot on Chubb Avenue. As officers approached the occupied vehicle, they could detect the reportedly strong odor of marijuana coming from the car. Based on police reports, a 15-year-old passenger and resident of Belleville, NJ, was charged with possession of marijuana.

Drunk Driving
In Rutherford, a 25-year-old woman was charged with DWI in the early hours on a weekday morning. The driver was pulled over after an officer noticed a cracked left taillight on her vehicle. The patrolman reportedly observed the woman's vehicle swaying and traveling over the speed limit on West Erie Avenue near Hackett Place. Failing to pass a field sobriety test, she was taken to headquarters where her blood-alcohol content (BAC) was measured at 0.18 percent. She was released to a responsible party.

In Lyndhurst a 53-year-old local resident was charged with DWI after he allegedly sideswiped a parked car on Kingsland Avenue late at night. Police allege that the man did not stop after hitting the car and refused a breath test when he was pulled over. He was issued a series of summonses, including DWI, leaving the scene of an accident, driving while suspended and operating an uninsured vehicle.

In another, early morning Lyndhurst traffic stop, police pulled over a vehicle on Riverside Avenue after officers observed the driver make a turn without signaling. Pulling over the 42-year-old Hoboken resident, officers noticed evidence of alcohol. The man was arrested and charged with DWI, as well as issued a summons for failure to signal a turn and for driving with a burned-out taillight. The driver was eventually released on summonses.

BLOTTER, LeaderNewspapers.net, March 25, 2010

BLOTTER, LeaderNewspapers.net, March 18, 2010

Lyndhurst: Police Blotter, NorthJersey.com, March 11, 2010

In the early hours on a Wednesday morning, police observed a vehicle apparently being driven in an erratic manner. Pulling the car over to issue a traffic citation, the patrolman likely detected evidence of drinking and driving on the driver's part, after which the 20-year-old female resident of Greenvillage, New Jersey, was arrested for driving while intoxicated. The officer took the allegedly drunken driver to police headquarters and charged with DWI. She was released to the custody of a friend not long afterward.

In a potential case of drug DUI, a 19-year-old out-of-state woman was found by police to be in possession of possession of marijuana and drug paraphernalia following a routine traffic stop in the municipality of Madison, New Jersey. Although the officer in charge had originally stopped the vehicle apparently for a moving violation, he discovered that a passenger was in possession of a schedule 3 narcotic. The woman was transported to headquarters for processing and later released pending a court appearance.

During a routine early evening traffic stop for defective vehicle, a Madison, NJ, police officer apparently suspected that one of the passengers in the vehicle may have had some kind of controlled dangerous substance (CDS) on his person. The suspect, a 19-year-old Fairlawn man, was arrested and charged with possession of marijuana, possession of prescription legend narcotics, and possession of drug paraphernalia. Officers transported the man to headquarters for processing and then released him pending a court appearance.

Police officers pulled a vehicle over in the early morning hours on a weekend for an apparent motor vehicle violation. During the traffic stop, police detected evidence of alcohol consumption with the 42-year-old driver of the vehicle. The local Madison man was charged with operating a vehicle while under the influence of alcohol. He was arrested and taken back to the police department for booking. In addition to DWI, the man was issued citations for careless driving and improper use of headlights.

On the same morning, a 20-year-old resident of Lebanon, NJ, was stopped by police for a routine traffic infraction. During the traffic stop, the officer made a determination that the driver was operating his car while intoxicated. The man was taken to police headquarters and charged with DWI, under-age possession of alcohol, refusal to submit to a breath test, and also speeding. A mandatory court appearance is pending.

Madison Police Blotter, TheAlternativePress.com, March 22, 2010

As a New Jersey drunk driving defense attorney, I understand how alcohol -- beer, wine, hard liquor and other adult beverages -- remains the so-called legal drug of choice for most people. Other illicit drugs such as marijuana, cocaine, meth and illegally procured prescription medications are the other side of the coin.

Regardless of the type, society, the courts and the police have made it clear than any substance that impairs motor skills when driving is deemed a threat to the public's safety. That is why we have DWI laws and drug DUI statutes as well. Being stopped by the cops for driving while intoxicated, whether due to home-brewed ale or home-grown weed will likely get you arrested.

Having a qualified drunk driving attorney at your side is one of the better strategies in cases such as this. A recent news story coming out of Mount Olive, NJ, illustrates the kind of arrest that happens many times over during the year. According to reports, an out-of-state motorist was pulled over for a routine traffic violation -- a broken windshield and an obscured license plate.

During the traffic stop, police allegedly discovered marijuana and crack cocaine in Joseph Kacmarik's vehicle. Doing a background check, police discovered that the Pennsylvania resident previously had his New Jersey driving privileges suspended.

As the suspect got out from his car, officers noticed what looked like marijuana on the driver's seat. Based on this suspicion, police searched the vehicle and came up with a glass pipe that reportedly had burnt crack cocaine residue in it.

Kacmarik was ultimately charged with possession of crack cocaine, possession of marijuana, possession of drug paraphernalia, possession of a controlled dangerous substance in a motor vehicle, unsafe vehicle and cracked windshield. Kacmarik was transported to the Morris County Correctional Facility in lieu of $25,000.

Mount Olive arrests Pennsylvania motorist on drug charges, NJ.com,
March 19, 2010

A former Yankee and Mets ball player was recently collared by New Jersey police on charges of driving under the influence of drugs. According to news reports, 45-year-old Dwight Gooden -- major league baseball ace pitcher -- was allegedly operating a motor vehicle in a drug-impaired condition with a child riding as a passenger.

As a New Jersey drunk driving defense lawyer, I know how serious this kind of charge can be, especially when a minor child may have been knowingly or unknowingly put in jeopardy because of the driver's actions. This is why I always recommend that people who are accused of DWI, drug DUI, breath test refusal or other traffic offense tied to driving while impaired contact a qualified legal professional as soon as possible.

In this case, Gooden was placed under arrest on a Tuesday morning for the drug DUI offense as well as reckless driving and leaving the scene of an accident. The fact that the man may have been involved in a possible accident makes the situation that much more critical.

Police reports show that Gooden was involved in a traffic accident just before 9am while driving his five-year-old son to school. The accident occurred in Franklin Lakes, NJ, on Old Mill Road, after which Gooden apparently drove off. News reports indicate that the man has already served jail time in the past for drug abuse.

Police have lodged a list of charges against the former MLB pitcher, including being under the influence of a controlled dangerous substance (CDS), endangering the welfare of a child, DWI with a child passenger, leaving the scene of an accident, reckless driving, failure to keep right and failure to notify change of address regarding driver's license. The police reportedly would not disclose the type or kind of drugs that were involved.

Dwight Gooden Busted for DWI in New Jersey, NBCNewYork.com, March 24, 2010

If the police find weed, cannabis, or marijuana in a motorist's vehicle they will most likely issue a summons for possession in a motor vehicle. While young drivers may not think anything of this, believe me when I tell you it is a serious offense; one for which you would do well to have a qualified DWI and drug DUI defense attorney by your side.

You may ask, why? First off, New Jersey law prohibits anyone from driving a car, SUV or truck while at the same time knowingly being in possession of marijuana. The key word here is knowingly, but that is another topic for another day. Suffice it to say, this law is directed at operators solely and cannot be applied to other occupants of the vehicle.

As New Jersey drunk driving defense lawyer, I have represented people accused of marijuana possession in a vehicle, as well as driving under the influence of a controlled substance and simple DWI. The penalty for marijuana possession in a vehicle includes a mandatory two-year license suspension.

Recently a young man was arrested by Mendham police on charges of marijuana possession in a motor vehicle, among others. According to news reports, the suspect attempted to eat the evidence to avoid being caught, however this strategy did not work out the way he planned.

The incident in question happened in the later morning on a Thursday while the young man was turning from Cold Hill Road onto Route 24. Based on police reports, 19-year-old Ryan Kuppersmith of Long Hill was pulled over after police noticed his rear-view mirror was obstructed.

The officer in charge stated that Kuppersmith did not stop immediately and was observed manipulating something inside the vehicle prior to pulling to the roadside. As the officer approached the suspect's vehicle he reportedly detected the odor of marijuana. During his interrogation of the driver, the patrolman could see what he assumed was marijuana stuck in the teenager's teeth and along his gums.

The assumption was that the man had had eaten the marijuana. As a result, Kuppersmith was charged with being under the influence of a controlled dangerous substance (CDS), possession of marijuana under 50 grams, possession of drug paraphernalia, hindering prosecution, obstructing administration of law, possession of a CDS in a motor vehicle, obstructed view and failure to exhibit proper documents.

Mendham police charge teen with eating marijuana stash while being pulled over, NJ.com, February 02, 2010

A Union County resident was recently arrested for driving under the influence of alcohol and possession of illegal drugs following a Denville, NJ, traffic stop. According to reports the driver apparently left the scene after being stopped by Denville police. He then proceeded toward Roxbury where local police say the man crashed his vehicle trying to avoid capture.

Being a drunk driving defense attorney practicing in Morris, Union and other counties throughout New Jersey, I know that any attempt to evade or lead police on a chase will only make things worse once they catch up with the suspect. Indeed, it is a rare drunk driver who can out-think or out-drive any of the Garden State's law enforcement professionals. Better to accept your situation rather than make things worse than they already are.

In this particular case, the driver ended up crashing his GMC Envoy in the municipality of Roxbury and he still was arrested for DWI and drug possession. According to news articles, the incident started with Denville authorities attempted to pull over 36-year-old Manuel Mosquera around 3pm on February 12. The man apparently tried to evade the Denville officers before they could get him to stop his vehicle.

Roxbury Patrolmen Richard Ricco and Mike Fournier, who were in the vicinity, heard the Denville alert regarding the fleeing driver. Soon after, the officers spotted Mosquera's sport utility vehicle driving along Route 10 near Hillside Avenue. Police reports indicate that the vehicle had a broken brake light and was drifting onto the roadside shoulder.

The Roxbury patrolmen pursued the suspect off of Route 10 and onto Commerce Boulevard where it reportedly struck two vehicles that were waiting to make a left turn on to Commerce. The suspect then continued across the street, jumped the curb, continued into a wooded area and eventually hit a tree.

Police arrested Mosquera, who admitted to drinking rum and injecting cocaine. Officers later found a hypodermic syringe on the floor of the vehicle on the driver's side. The man was charged with eluding police, being under the influence of a controlled dangerous substance, possession of a syringe and drug paraphernalia, having an open container of alcohol in a motor vehicle, possession of CDS in a motor vehicle, failure to yield, failure to signal, driving while under the influence, reckless driving, consumption of an alcoholic beverage in a motor vehicle, lamp maintenance and failure to maintain a lane.

Cops: Driver fleeing police was drunk, high on cocaine before Roxbury crash, MyCentralJersey.com, February 16, 2010