New Jersey DWI Lawyer Blog

While I and my legal staff are experienced in the defense of motorists accused of driving under the influence of alcohol, we fully understand the dangers of operating a motor vehicle while in an impaired state. Whether one lives in Morris, Ocean, Atlantic or Monmouth County, the law treats every potential offender with the same statutes, fines and penalties. As New Jersey DWI defense attorneys, my firm knows that when it comes to underage drinking and driving, the situation can be just as serious, and sometimes more so, than if the defendant was an adult.

Here in the Garden State, the law provides for a "zero-tolerance" policy where underage drinking and driving is concerned. As set forth in N.J.S.A. 39:4-50.14, it is against the law for an individual under the age of 21 years to have ANY alcohol in their system while driving a motor vehicle. On the upside, if one can call it that, the law stipulates more relaxed monetary penalties and suspension periods for a young person convicted of underage DWI; these penalties are certainly less severe for an underage offender than those that apply to a driver of legal drinking age convicted of driving while intoxicated.

When considering underage DWI convictions, penalties can include a driver's license suspension period of as little as 30 days compared to that of an adult DWI conviction of 90 days, at a minimum. Please keep in mind that although the penalties are reduced, it is usually wise to consult a qualified drunken driving defense attorney prior to showing up in court with one's child accused of underage DWI.

Continue reading "Passaic County DWI News: Three New Jersey Teens Injured in West Milford Drunken Driving Accident" »

Having worked both sides of the aisle -- previously as a municipal prosecutor and now as a defense attorney -- I understand the methods and strategies that the state's attorneys employ to attain drunken driving convictions in court. As New Jersey DWI defense lawyer, I and my colleagues represent all manner of clients, many of whom have been accused of driving while intoxicated, operating a motor vehicle under the influence of prescription medications (drug DUI) and even illicit drugs, such as cocaine, methamphetamine and marijuana.

One thing we know, as drunk driving defense attorneys, is that a DWI arrest (much less an actual conviction for impaired driving) can greatly affect one's future employment, social standing, and family/marital relationships. While we understand that a drunk driving arrest is not desirable by any means, we also know that this does happen to many people, from all walks of life, and nearly every profession.

Surprisingly, even police officers can end up being arrested for drunken driving. From my years as a prosecuting attorney, I have a great respect for the hard work and dangers faced by our law enforcement officer every day. On the other hand, as a DWI defense attorney, I understand how easy it is for motorists to be accused of drunken driving here in the Garden State. What I cannot abide is when patrolmen and other officers of the court flout the very laws they are sworn to uphold and enforce.

Not long ago, a police officer from the Midland Park PD was charged with drunken driving when he was ticketed for crashing an all-terrain vehicle while allegedly under the influence of alcohol. Based on news reports, the accident occurred in Wyckoff when off-duty Midland Park patrolman, Joseph Gaeta crashed a four-wheeled ATV at the intersection of Greenhaven Rd. and Godwin Ave. during the mid afternoon.

Ironically, Gaeta had earlier that day been a non-uniformed participant in a DWI demonstration at the Bergen County Police Academy located in Mahwah, NJ. During the educational session, which was taught by representatives of the New Jersey State Police, Gaeta had apparently volunteered as a "controlled" drinking subject for the drunken driving class. During the session, the man was reportedly provided with a number of measured amounts of alcohol.

According to police, the class in which Gaeta was participating was designed to allow officers to observe subjects take breathalyzer tests before and after drinking certain amounts of alcohol. During the demonstration, Gaeta was reportedly given a breath test, at which time his blood-alcohol content was measured at 0.13 percent. Afterward, the man was given a ride home by another, sober, officer.

Strangely, news reports indicate that Gaeta, upon returning to his home, decided to ride an ATV along a stretch of Godwin Avenue. The accident apparently happened when the officer attempted a right-hand turn onto Greenhaven Rd; it was there where he reportedly lost control of the vehicle, which in turn flipped over.

Police reports indicate that the man received a number of serious injuries to his face, and that emergency responders transported Gaeta to the Hackensack University Medical Center for treatment. In a weird twist of fate, the off-duty policeman was charged with driving under the influence of alcohol, along with several other traffic offenses.

Bergen officer charged with DWI after flipping ATV on street, CliffviewPilot.com, December 16, 2011

Causing a traffic accident is bad enough when alcohol or prescription drugs (drug DUI) are involved, but a DWI-related hit-and-run crash is something that no one should wish upon themselves. In the Garden State, police agencies and our courts are definitely not sympathetic to motorists arrested and charged with drinking and driving; never mind the complication of a traffic accident.

While it may seem to be the end of the world if one is involved in a car or truck accident when possibly impaired due to drugs or alcohol, the last thing one should do is leave the scene of any accident for fear of any consequences; they likely will be made worse by fleeing the scene. As New Jersey drunken driving defense attorneys, I and my staff of experienced legal professionals are well-versed in representing individuals accused of driving while intoxicated.

Courts typically consider personal responsibility as a positive trait, but running from one's potential responsibility following a DWI-related car wreck can make for a more difficult defense. Needless to say, in situations such as this a defendant should seriously consider consulting with a qualified DWI-DUI defense lawyer before one walks into a courtroom.

Continue reading "Passaic County DWI News: New Jersey Man Arrested for DUI, Marijuana Possession following Hit-and-Run" »

Regardless of location, be it Ocean, Bergen, Middlesex County or any of the dozens of cities and towns that make up the Garden State, drunken driving arrests occur randomly yet with extreme frequency. In fact, it's rare to pick up a news paper or go online and not read of a police arrest arising from a motorist who allegedly was driving while intoxicated.

As New Jersey DWI defense attorneys, I and my colleagues routinely meet individuals accused of driving under the influence of alcohol, doctor-prescribed medications (drug DUI), and even illicit drugs and illegal substances, such as cocaine, marijuana and methamphetamine. In all these cases, the circumstances are going to be slightly different, although the outcome of any one drunk driving or impaired driving case can mean stiff fines and monetary penalties, loss or suspension of driver's license, and occasionally jail time.

Just as in many counties across the state, Hudson County has its own problems with drivers who either choose to drive while intoxicated or may not have understood how drunk they may have been at the time of their arrest. The following news items illustrate the ways in which drivers can find themselves in trouble with the law.

Jersey City Police Arrest Man for DWI after High-speed Chase
A man from East Orange was arrested by police following a high-speed car chase in Jersey City. According to police reports, a Pontiac Grand Am was seen hitting another vehicle in the northbound lanes of Kennedy Blvd, then blowing though a red stop signal before turning east on Danforth Ave. Police gave chase, but the suspect apparently did not pull over; rather the driver reportedly ignored another red light and then drove away on Old Bergen Rd with its lights allegedly turned off.

Continue reading "New Jersey Drunken Driving News: Police Report Numerous DWI/DUI Accidents in Hudson County, NJ" »

For those who have been arrested or charged with driving under the influence of either prescription drugs or other, possibly illegal substances (also known as drug DUI), you may wonder if the police and the prosecutor's office have the necessary evidence to secure a guilty verdict in court. Depending on the circumstances, one should always consider consulting a qualified DWI defense attorney; one with experience in representing motorists charged with drunken driving and drug DUI.

As New Jersey drunk driving defense lawyers, I and my colleagues are trained to work with the facts and understand the State's evidence against and individual. Whether one lives or works in Bergen, Monmouth, Ocean or Atlantic County, the law is clear when it comes to charges related to DUIs tied to prescription medication and even illicit drugs like marijuana and cocaine.

Defending a person accused of drug DUI has certain differences from an alcohol-related DWI case. Here in the Garden State, a charge of drug DUI can be levied against a New Jersey motorist who may be suspected of driving while impaired due to a possible controlled dangerous substance (CDS) or doctor-prescribed medication. These include any narcotic, hallucinogenic or habit-forming drug.

Continue reading "New Jersey DWI News: Hudson County Police Arrest Driver on DUI, Illegal Drug Possession Charges" »

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" »

With nearly nine million residents, the Garden State has the greatest population density of all 50 states, which might explain the constant stream of drunk driving arrests all across the state. As New Jersey DWI defense attorneys, I and my staff of experienced litigators understands how easily a motorist can become entangled in the state's legal system following a seemingly simple traffic stop.

The fact of the matter is, nobody expects to be pulled over by a state police trooper or a local municipal patrolman, however police stops for minor traffic violations can many times precipitate into an arrest for driving while intoxicated. Anyone who has ever gone to an acquaintance's home for a birthday celebration or gone out with friends to enjoy a pleasant evening eating good food and having some wine or after-dinner drinks will likely recall the concern of being stopped for a DWI.

Even if a person isn't a drinker, the use of doctor-prescribed medication can have an unexpected affect on a driver's ability to operate a motor vehicle, which may not have been immediately obvious. Just the same, however, once a police officer has stopped a driver for a traffic infraction, the opportunity for a DWI or DUI is always there.

As the following items from the Cranford, NJ, police blotter illustrate, being stopped for driving under the influence of alcohol or drug DUI is neither uncommon nor exceptional. In fact, these reports are typical of the drunk driving cases that come through New Jersey courtrooms on a weekly basis.

Continue reading "New Jersey DWI News: Union County Police Blotter Reports Numerous Drunken Driving and Marijuana Arrests" »

Having worked as a municipal prosecutor handling hundreds of cases involving the prosecution of Garden State motorists for drunk driving offenses, I know how hard our state and local police officers work to protect the rest of us on public roads and byways. This is by no means an easy job, and I and my staff of experienced New Jersey DWI defense lawyers understand the pressures and dangers that these public servants face on a daily basis.

Of course, that said, there is little excuse for ignorance of the law, especially by the very individuals who are entrusted with the job of upholding those same laws. When a patrolman, judge or other officer of the court flouts the law, it hurts us all. Naturally, as drunk driving defense attorneys, I and my colleagues know that many people are accused of crimes and offenses that they did not commit. It's our job to represent these individuals in order to help them achieve justice.

Driving drunk is a serious offense, and being convicted of intoxicated driving, drug DUI, or other drunken driving charges can result is heavy penalties, not to mention increased automobile insurance premiums. The social stigma of a conviction for driving under the influence of alcohol, prescription medication or illegal drugs, such as marijuana or cocaine, can be life-changing. Just the news of being arrested for DWI can result in severed personal and business relationships.

In short, a DWI is nothing to take lightly and deserves the attention of a qualified DWI-DUI defense attorney. An example of the serious consequences of allegedly driving drunk can be found in the news every week. Whether the incident takes place in Bergen, Ocean, Monmouth or Passaic County, the results can be devastating to one's career and private life.

Continue reading "Camden County DWI News: New Jersey State Trooper Indicted in Drunken Driving Injury Accident" »

As New Jersey DWI attorneys, I and my staff of experienced drunken driving defense lawyers are well aware of the heavy penalties levied against drivers convicted of operating a motor vehicle while under the influence of alcohol on public roads. My firm also know that state law enforcement agencies and the judicial system have little tolerance for underage drinking, DWI, and other alcohol-related offenses committed by teens and other minors.

It makes little difference if the offense occurs in Ocean, Sussex, Cape May or Mercer County, when an underage individual is caught by police with an alcoholic beverage, or worse, drunk as a result of consuming beer, wine or liquor, a potential conviction can have a serious impact on that youngster's life going forward.

According to New Jersey law, any individual who consumes alcohol must 21 years old or more. This not only applies to drinking beer or wine, but also to purchasing or possessing it. To put it simply, underage drinking in the Garden State is strictly illegal. Not only are the police and our courts very strict about underage alcohol possession, as well as teenage drinking and driving, the legal consequences can be rather severe as well.

Continue reading "Bergen County DWI News: Police Charge Teenager in DWI-related Passaic Car Accident that Injured Six" »

For anyone who thinks that having a can of beer, glass of wine or shot of whiskey while operating a watercraft in New Jersey waters is not the same as driving a passenger car after having a drink of alcohol, think again. New Jersey law enforcement agencies in Monmouth, Atlantic, Ocean and Bergen counties are serious when they say that boating under the influence (BUI) is just as serious as driving while intoxicated (DWI).

As New Jersey drunken driving defense lawyers, my firm offers consultation and representation to motorists and boaters who have been arrested for and charged with driving a car or piloting a boat while under the influence of alcohol. But it doesn't end there; motorists and boaters alike have been charged with other related offenses, such as possession of marijuana or other controlled dangerous substance (CDS). Like DWI, a drug DUI charge can turn into a conviction, which can result in heavy penalties and even jail time, depending on the circumstances.

Not long ago, a New Jersey boater was arrested following an apparent fatal BUI incident in Middletown, NJ. According to news reports, 39-year-old George Harrington was arrested in connection with a boating accident that allegedly caused the death of his only passenger on Saturday, July 23. Based on police reports, Harrington was charged with drunk driving on a portion of the Navesink River after the watercraft he was piloting struck a second boat carrying five other individuals.

Continue reading "NJ Drunken Driving News: Monmouth County Man Arrested following Fatal DWI Boating Accident" »

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" »

It appears that many of the stories we find in the news these days involve accused drunken drivers who have become involved in a car or truck accident as a result of their alleged alcohol consumption or use of prescription medication (drug DUI). A smaller percentage of accidents also involve individuals accused of illegal drug use, such as marijuana or cocaine (otherwise known as controlled dangerous substances, or CDS for short).

Regardless of whether a motorist lives or works in Sussex, Monmouth, Ocean or Passaic County, the aftermath of a potential DWI or drug DUI conviction can haunt a person for years following the initial incident. For this very reason it is always a good idea to retain the services of a competent and qualified drunken driving defense lawyer, if only to determine what your options might be following a DWI arrest.

For those picked up by police for drunk driving as a first offense, it may seem too easy to accept the penalties and plead guilty, while under the false impression that only one DWI conviction will not cause too much upheaval in one's life. Or those people who believe this is the best approach to a DWI-DUI arrest or summons, we couldn't disagree more.

To start, accepting a guilty plea for a first-time drunken driving offense may seem to be the easiest way to go -- and believe us, it is for the prosecuting attorney handling the case -- this is not going to make one's life easier. The penalties for a first offense may be slightly less than a second or third DWI offense, but the impact to one's auto insurance rates as well as the potential damage to one's personal and business reputations could be catastrophic.

Continue reading "Bergen County DWI Arrest News: Police Charge Drunken Driver after Motorist Hits Pedestrian at Meadowlands" »

When it comes to driving under the influence of alcohol or prescription medication (drug DUI), the legal system in New Jersey can be very strict regarding sentencing for anyone convicted of DWI. Regardless of whether you live in Atlantic, Ocean, Middlesex or Union County, a drunken driving arrest is nothing to take lightly. Add to that a possible injury accident and most motorists should certainly consider talking to a qualified drunk driving defense lawyer.

As DWI attorneys serving drivers throughout the Garden State, I and my colleagues have vast experience in representing individuals charged with driving while intoxicated (DWI), drug DUI (including marijuana possession in a motor vehicle) and breath test refusal. One thing we would suggest to anyone who attends a summer picnic or evening pub gathering is not to drink and drive. Most certainly, do not end up causing a traffic accident if you are in any way inebriated.

Not long ago, a resident of Bergen County found himself on the wrong side of the law when he reportedly crashed his car, injuring himself and all three of his passengers. According to news articles the wreck happened early Sunday morning when 20-year-old Ryuichi Nakada -- a resident of Bergenfield, NJ -- apparently lost control of his 2007 Nissan along a stretch of Hackensack Ave.

Based on reports, the Altima sedan for reasons unknown at the time of the accident struck a concrete lane divider, then hit a utility pole overturned onto its roof and eventually ended up in a nearby restaurant parking lot. Eye witnesses to the crash told officers that the vehicle was going northbound when it hit the median barrier near the entrance to Route 4 west. Police believed that the driver was drunk at the time of the impact.

Continue reading "New Jersey DWI News: Police Charge Bergen County Driver in Drunken Driving Injury Accident" »

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

When it comes to defending motorists against charges of drinking and driving the subject of unintended consequences comes up from time to time. While no one who takes a drink at a restaurant, bar or family gathering expects to be stopped by the police when driving home, it is a distinct possibility. The same goes for those people who fail to realize the effects of certain prescription medications, which may cause drowsiness or reduced ability to control a motor vehicle on public roads.

As a New Jersey drunk driving attorney, I and my staff of experienced DWI defense lawyers understand how the seemingly minor act of having a drink with friends can precipitate a drunken driving arrest. (And for those who occasionally take a puff of weed or cannabis, these same holds true.) Regardless of whether you live or work in Middlesex, Hudson, Somerset or Union County, be aware that here in the Garden State the police and our courts maintain a dim view of driving while intoxicated, either by alcohol or prescribed medicines (drug DUI).

Touching on the topic of unintended consequences, we can only say a motorist who is involved in a DWI- or DUI-related traffic accident does not do themselves any favors by leaving the scene of the accident. Statistics will surely bear this out, but many hit-and-run drivers are eventually caught by police, which can only compound the original incident. This was apparently the case of a Pennington resident who was recently sentenced to three years in jail for a 2009 accident in Mercer County that put a motorcycle in the hospital with serious injuries.

According to news reports, 24-year-old Craig Brauer accepted a plea arrangement with the Mercer County prosecutor's office. The deal reportedly included a guilty plea to 3rd degree aggravated assault by auto in exchange for a straight 4-year jail sentence. Originally charged with 2nd degree aggravated assault by auto and leaving the scene of an accident, Brauer could have gone away for up to 10 years.

Continue reading "Pennington Motorist Gets 3 Years for Injuring Motorcyclist in DWI-related Hit-and-Run Crash" »