New Jersey DWI Lawyer Blog

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

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

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

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

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

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

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

Lower County Police recently reported the arrest of a Mays Landing, NJ, man in connection with an early morning car crash on January 23. Based on news reports, 41-year-old Joseph W. Rothenberger was allegedly intoxicated when he crashed his 2004 Mercedes Benz into a tree. Police investigating the accident presume that Rothenberger left a North Cap May residence and was traveling northbound on Deborah Avenue at a high rate of speed. He reportedly crashed his vehicle in the 200 block of Suzanne Avenue when he apparently lost control and ran off the roadway.

As drunk driving defense lawyers, I and my colleagues have seen this kind of DWI scenario played out again and again all across New Jersey. In this instance, police reports indicate that the supposedly drunken man's vehicle crossed the curb and drive over a sidewalk, eventually ending up in a neighbor's yard and causing substantial damage to the lawn and a chain link fence before hitting a tree.

Police allege that the driver attempted to flee on foot from the scene of the accident. According to reports, Rothenberger was detained by several other neighbors in the area and held until police arrived. The neighbors indicated that a male and female passenger in the back seat of the vehicle also fled the scene of the accident and apparently ran back to the residence on Deborah Avenue.

As a result fo the accident, Rothenberger received abrasions to his face, but refused to be transported to the hospital by emergency responders. Reports indicate that the man was uncooperative and belligerent with officers at the scene and when told he was being placed under arrest for driving while intoxicated, he attempted to physically resist his arrest.

Rothenberger was taken to the Lower Township Police Department where he was processed and charged with DWI, resisting arrest, refusal to submit to a breath test, reckless driving, leaving the scene of an accident and failure to report an accident.

Hamilton man arrested following Cape DWI crash, ShoreNewsToday.com, January 27, 2010

Man Arrested for Leaving Scene of Accident, DWI in Lower, CapeMayCountyHerald.com, January 25, 2010

When it comes to arrests for drunken driving the law does not discriminate between well-known and famous personalities and the everyday man or woman. In New Jersey, whether you live in Bergen, Union, Monmouth or Atlantic counties, an arrest for driving under the influence of alcohol can have a negative impact on a person's life and livelihood. A drunk driving conviction can haunt someone for years, if not for the rest of your life.

As a New Jersey DWI defense lawyer, I have represented a range of persons accused of driving while intoxicated. In a court, everyone should be treated equally in the eyes of the law. Recently, news reports covered the drunken driving arrest of former New Jersey Nets basketball player who allegedly crashed his vehicle into a tree in the Manhattan area in early January.

According to news articles at the time, retired NBA player, Jayson Williams suffered cuts to his face and a small fracture to a bone in his neck after allegedly running his Mercedes sport utility vehicle into a tree just after 3am. He was subsequently transported to Bellevue Hospital for treatment of his injuries.

Based on police reports, Williams refused to submit to a breathalyzer test, however law enforcement officials obtained a warrant to test his blood while he was hospitalized, which led to his being charged with DWI.

Not long ago, Williams pled guilty to aggravated assault in connection with the 2002 death of a limousine driver, during which the former New Jersey Nets player was allegedly drinking alcohol.

According to news reports, following the DWI accident, Williams was ordered by the court to wear an alcohol monitor, known as the Secure Continuous Remote Alcohol Monitor, which monitors perspiration for alcohol content.

Jayson Williams must wear alcohol monitor, DigitalSportsDaily.com, January 25, 2010

Having worked both sides of the aisle as a former New Jersey municipal prosecutor and now as a drunken driving defense lawyer, I am always appalled whenever I hear of a law enforcement officer being arrested for any alleged crime. Not long ago, an off-duty sergeant of the New Jersey State Police was charged with DWI as well as refusal to submit to a breath test following a traffic accident in Warren County, NJ.

Over the years, I have worked closely with the police all across New Jersey, so I understand how much pressure their job can entail. However, as a DWI defense attorney I find it the height of hypocrisy when a police officer fails to live up to the standards that all citizens are expected to observe. In the recent case of this officer's arrest for driving under the influence of alcohol, the incident also involved a traffic accident with alleged injuries.

According to news reports at the time, the officer was suspended pending an investigation into the December 17 drunk driving-related two-vehicle crash on Route 517 north of Hackettstown. According to police reports, Sgt. Steve Pelligra, 45 was suspended without pay. Pelligra is assigned to state police at Hope Township.

Reports indicate that the off-duty officer, a resident of Sussex County, was driving a Nissan Frontier pickup north on Route 517 when his vehicle crashed into the driver's side of a southbound 1999 Pontiac Grand Prix driven by Scott Lehnes of Vernon, NJ.

The crash occurred around 10pm near Johnson Road just north of the Route 517 interchange on Interstate 80. Police reports state that Pelligra apparently fled the scene following the crash. Reports at the time did not include information on the extent of injuries of either driver involved in the crash.

Nevertheless, police were able to identify the officer and when requested to take a breathalyzer test, he refused. Pelligra was reportedly with breath test refusal, leaving the scene of a crash and failing to report an injury accident. A person who is convicted for the first time of refusing to submit to a breath test faces a driver's license suspension between seven months and one year.

N.J. officer suspended after off-duty DWI crash, PoliceOne.com, December 28, 2009

New Jersey state trooper drunk when he caused Allamuchy Twp. accident, police say, LehighValleyLive.com, December 24, 2009

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

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

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

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

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

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

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

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

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

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

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

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

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

According to news articles, the husband of Teresa Giudice, one of the stars in the well-known Bravo television series "Real Housewives," was recently charged with driving while intoxicated after the man crashed his vehicle into a utility pole minutes from the couple's home in Montville, New Jersey. Based on police reports, the accident occurred on the morning of Thursday, January 14, in Towaco.

Giuseppe Giudice was reportedly heading north on Jacksonville Road when the Ford pickup he was driving hit the utility pole just before 2am. According to Montville police, when officers arrived at the scene they detected the odor of alcohol on the 39-year-old driver. Due to the man's possible injuries, the police did not make Giudice perform any field sobriety tests.

Based on the news, Giudice told police he had been in New York and was heading home when the accident occurred. Emergency personnel treated and then transported him to Morristown Memorial Hospital to be checked for internal injuries.

After providing a blood sample, Guidice was charged by Montville police with DWI. He was also issued summonses for reckless driving, careless driving and failure to maintain lane. At the time of the news item, the results from the blood-alcohol content (BAC) test had not yet been released.

To add insult to injury, police also discovered several outstanding warrants for Guidice out of Clifton, NJ, for violating city ordinances, although there were no details regarding the type of violations. Although, Clifton police said ordinance violations typically are minor, Guidice was released to Clifton police after being held in Montville on $2,625 bail.

Husband of "Real Housewives'' star charged with DWI in Montville, DailyRecord.com, January 15, 2010

A DWI-related single-vehicle crash in Swainton, NJ, resulted in the driver being sent to the hospital with minor injuries as well as causing an area-wide power outage. Police handling the case say that the driver has been charged with driving while intoxicated (DWI). As a drunk driving defense attorney serving residents of New Jersey, I have seen the result of many such accidents.

In this case, the crash occurred, according to police reports, when a pickup truck belonging to Mathew Paschal of Cape May Court House, drifted off the southbound side of Route 9, leaving the roadway and crashing into two telephone poles that support several high voltage power lines in the area.

According to news reports, the accident occurred just before 6pm on New Year's day when the 42-year-old driver's Dodge pick-up left the roadway. Middle Township Police arrived at the scene not long after the accident and found the vehicle laying on the left side on the shoulder of the road. Tools and other equipment, apparently thrown from the vehicle's bed area, were found lying near the crash site.

After assessing the situation, officers called for the Middle Township Fire Company and Rescue Squad, as well as AtlanticCare paramedics, to come to the accident scene. Fire department rescue crews worked to extract the driver from the damaged truck, after which he was treated and transported to Cape Regional Care hospital for minor injuries.

Repair crews from Atlantic Electric Company were also dispatched to the scene to replace the damaged high voltage power lines. Meanwhile, Paschal was charged by police with driving while intoxicated, careless driving and failure to maintain lanes. Civil penalties could also affect the man, whose actions allegedly caused a power outage that affected up to 1000 customers in the area.

Man charged with DWI in Middle Township crash that knocked out power in the area, PressOfAtlanticCity.com, January 2, 2010

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

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

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

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

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

Now that we're several days into the New Year, I'll say it once again: New Jersey law enforcement agencies and local police continue cracking down on drunken driving around our state. New Year's Eve may be one of the more common times to find motorists drinking and driving, but every day has the potential for many drivers to be caught driving under the influence of alcohol.

As a New Jersey DWI defense attorney, I and my staff spend our days defending people accused of driving while intoxicated or driving under the influence of prescription drugs. Whether deliberate or not, the police and society have virtually no tolerance for this kind of traffic offense. A recent news article highlighted just a few of the countless DWI arrests that occurred throughout New Jersey this past New Years.

Based on preliminary police reports, there were at least 10 drunken driving arrests on the roadways in Bergen and Passaic counties as the clock struck midnight and people from all over rang in 2010. And while it appears that DWI-related fatal accidents were down this year, there were numerous drunk driving arrests throughout the evening and early morning hours of January 1.

According to new reports, Passaic County was free of DWI arrests on Thursday and Friday. According to the Passaic County Sheriff's Office, weather was likely a large contributor to the significant reduction in arrests. However, on non-county roads in Passaic County, and across Bergen and Morris counties, 10 people were arrested on driving while intoxicated charges.

At the time of the report, New Jersey State Police did not have a final tally of the total number of DWI arrests on State Police-patrolled highways during the holiday weekend, but it appeared that no fatal accidents occurred between New Year's Eve and into Friday morning on those roads.

Local police in Teaneck , Passaic and Fairview also reported three DWI incidents each between 11 p.m. Thursday and 7 a.m. Friday. In Fairview , police arrested a man after a traffic stop at 91st Street and Kennedy Boulevard , just over the North Bergen border, about 5:10 a.m. Friday, police said.

Clifton police arrested an alleged drunk driver on the Garden State Parkway who sent two people to the hospital with non-life-threatening injuries Thursday morning. Sarah Wallace, 22, of Lodi , was driving an Infinity G37 in the northbound right lane near Route 3 when she tried to crossover to the left lane, allegedly hitting a Nissan Murano in the center lane just after midnight, according to police. The Murano overturned twice and landed upright on the right shoulder.

Police report 10 New Year's drunk driving arrests on North Jersey roads, NorthJersey.com, January 1, 2010

It doesn't affect his legal troubles related to a November 9 drunk driving accident on New Jersey's Garden State Parkway, but Seton Hall's lifting of Keon Lawrence's suspension will allow him to play in the upcoming game against Temple University. As a New Jersey DWI defense attorney, I've seen numerous athletes and other personalities take liberties with their fame, but there is no mistaking that everyone needs professional legal counsel when it comes to drunk driving-related traffic offenses, especially when they involve an injury accident.

According to reports, the 22-year-old Lawrence was initially suspended from the Seton Hall Pirate's basketball team following an alleged DWI accident on Garden State Parkway near Newark, NJ. Police reports show that the player's vehicle was heading the wrong way on the parkway when it collided head on with another car driven by 56-year-old Kenneth Smith. Fortunately, neither driver sustained life-threatening injuries, although Lawrence suffered facial injuries and was taken to a local hospital for treatment.

Police apparently based the drunk driving charge on an investigation of the crash scene, but not on any direct evidence of alcohol in Lawrence's body. Blood tests from the hospital were not initially available that day. To compound Lawrence's problems, he was also reportedly driving on a suspended license.

Although coach Bobby Gonzalez stated that he is "disappointed by Keon's terrible lack of judgment" he is still a part of the Seton Hall family and hopes that time will heal all wounds. So, regardless of his current legal situation, Lawrence will be reinstated in time to play against Temple on December 19. The transfer from Missouri is expected to be a potent backcourt scorer for the Seton Hall team.

"Mr. Lawrence is also subject to an external legal process, which will determine the outcome of the motor vehicle citations he received," said Law School Dean Patrick E. Hobbs, who is overseeing Seton Hall athletics this year. "Athletics director Joe Quinlan and I have decided to allow Mr. Lawrence to return to the men's basketball team. Upon the conclusion of the external legal process, the university will decide whether any additional sanction is required."

Kevin McNamara's buzzer beaters: Fordham firing is a new low, ProJo.com, December 5, 2009

Suspended Seton Hall guard Keon Lawrence to rejoin team, NewJerseyNewsroom.com, December 3, 2009

Alcohol-related injury accidents are one of the more serious types of DWI-related traffic offenses. Recently a Hackensack, NJ, resident was charged with driving while intoxicated and as well as allegedly causing a two-car crash on the Garden State Parkway that resulted in injury to the suspect, his passenger and the driver of a second vehicle. As a New Jersey drunk driving defense lawyer, my firm has represented people who have found themselves in similar circumstances.

According to reports, the accident occurred a little after 10pm on Friday, September 25 in Ocean County around the 74-mile marker on the Garden State Parkway. Police reports show that 40-year-old John Twomey was driving southbound in his 1996 Infiniti with Kevrye Lantigua, 18, from Perth Amboy.

The investigation was still underway at the time of the news report, however it appears that Twomey's vehicle struck a second vehicle driven by Christine Doran, a 35-year-old resident of Barnegat. Authorities say that emergency responders tending to the victims noticed the scent of alcohol on Twomey's breath, as well as open containers of alcohol were in the Infinity. According to police reports, the man admitted to drinking Bacardi rum while in the vehicle.

All three people were injured in the accident. Doran was treated at the scene and then transported by ambulance to Southern Ocean County Hospital in Stafford, NJ. Twomey, who sustained back and neck trauma, was airlifted to AtlantiCare Regional Medical Center. He was listed in good condition at the time of the report. Towmey's passenger was airlifted to Jersey Shore University Medical Center in Neptune, New Jersey, with head trauma. By the time of the news report, Lantigua, had been discharged from the hospital.

Man charged with DWI in Parkway crash that injured three, APP.com, September 28, 2009

An East Ruther ford man was sentenced to 4 1/2 years in prison by a Morris County, NJ, court on September 18 in the culmination of more than one dozen drunk driving convictions and 78 license suspensions over his driving career. Shaun P. Campbell, 40, was sentenced in Superior Court, Morristown, for the auto wreck in Morris Township that he caused while driving under the influence of alcohol this past April, as well as two other DWIs and driving while suspended he accumulated in Wayne and Pequannock in 2008.

As a New Jersey drunk driving defense lawyer and former municipal prosecutor, I must say that this is one of the most active drunk drivers to come through this state's court system in a while; which is likely why the Morris County Assistant Prosecutor Brian DiGiacomo requested "enhanced penalties" for Mr. Campbell, and why the court obliged by suspending the defendant's driver's license for an astounding 41 years.

Equating the dangers of Campbell's drinking and driving with the actions of a violent criminal, the court held up his 16 DWI convictions and 78 license suspensions as justification for the sentence, which included a 4 1/2-year prison term, more than $9,000 in fines and the near half-century license suspension.

In announcing the sentence, Superior Court Judge Salem Vincent Ahto admonished Campbell by saying, "when you get behind the wheel in a drunken stupor, you become a potential assassin. You earned the right to go to state prison."

Remarkably, through all of his drunk driving episodes, Campbell had never caused a reported injury to another person until April 23. On that day, he veered into opposing traffic and struck, head-on, a pick-up driven by Harold A. Bivins Jr., 48, of Chatham Township. Bivins' 4-year-old daughter, Hannah, was in a child's seat in the pick-up. Neither was seriously injured.

According to reports, Campbell entered additional pleas to driving drunk in Pequannock and Wayne and being an unlicensed driver on both occasions. On both of those occasions he wasn't actually driving but was discovered by police sleeping off bouts of drinking in his vehicle, which he had parked in local auto dealership lots.

Under the sentence, Campbell must serve 18 months in state prison for the assault by auto conviction. The remainder of the time behind bars, for motor vehicle offenses of DWI, driving while revoked, and leaving the scene of the April 23 crash, will be spent in either the Morris County or Passaic County jail.

Defense attorney John Paul Velez made arguments for a probationary term, saying that Campbell never contemplated harm, has been undergoing counseling and wishes to be a spokesman for the Intoxicated Driver Resource Center.

Driver's license revoked for 41 years; Man gets 4 1/2 years in prison, DailyRecord.com, September 19, 2009

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

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

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

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

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

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

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

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

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

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

Complicating a DWI charge in New Jersey with an injury accident is not a good idea. Injuring other passengers in your car or occupants of another vehicle while driving under the influence of alcohol is bad enough, but hurting a pedestrian while driving in an intoxicated state can put you in a very difficult situation. This is why having an experienced New Jersey drunk driving defense lawyer at your side is very important.

Not long ago, a car driven by a local woman struck a Lord & Taylor employee on a pedestrian crosswalk just outside of the department store in Westfield, NJ. The victim, Gina Marotta from Clark, New Jersey, was taken Newark's University Hospital where she underwent surgery for a broken arm, a broken leg and head injuries.

Police investigating the accident alleged that the driver, Leslie Boughner, was intoxicated at the time of the accident. Charged with second degree aggravated assault with a motor vehicle for the August 5 accident, Boughner surrendered herself to the police following the investigation which started hours after the accident.

On the day of the accident, Boughner was issued a summons for DWI and had a blood sample taken to test the amount of alcohol in her system. After reviewing the case, the Union County prosecutor's office came to the conclusion that Boughner "operated her motor vehicle recklessly under the influence of either alcohol or drugs."

The area in which the accident occurred also played a part in the type of charge levied against the woman. Being just one block from Roosevelt Intermediate School the accident technically happened in a school zone, therefore the charges were upgraded to a second degree offense. This is serious and could result in this individual doing jail time should she be convicted. Boughner was released on $20,000 in bail pending a hearing.

At the time of the news report, the investigation was still ongoing. As part of the county's effort to gain more witnesses in the case, police erected a flashing sign on North Avenue asking anyone who saw the accident to come forward. Putting up this kind of sign is common when authorities are looking for a conviction in cases such as this.

Driver Charged, Could Face Jail Time, in Lord & Taylor Accident, Westfield.Patch.com, August 19, 2009

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

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

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

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

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

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

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

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

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