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 Legal 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" »

Though we've said it many times here, it always bears repeating: climbing into a car or truck while possible intoxicated by alcohol or some other substance is a potentially dangerous activity. As a New Jersey drunken driving defense attorney and former municipal prosecutor, I understand the consequences of operating a motor vehicle while impaired. Certainly being stopped by police is a bad situation if one is found to be drunk at the time, but causing an accident -- especially a fatal car crash -- is something nobody wishes for.

This said, it should be obvious that injuring or killing another person as a result of an alleged drunk driving traffic will not sit well with the police or the court of the municipality in which the offense occurred. The complications of such an event mean that the defendant should seriously consider enlisting the services of a qualified and experienced DWI defense attorney.

Newspapers and the internet are filled with stories of motorists involved in bad situations not always of their own making, but nonetheless human nature being what it is, there will likely always be traffic accidents caused in some way, shape or form by alcohol use; not to mention impaiment by prescription medication or illegal drug use. As motorists ourselves, we cannot escape that reality, but we can remind people to be cautious, enlist the services of a designated driver, or take a cab or bus when one is intoxicated and unable to drive competently.

Continue reading "New Jersey Woman Survives Minor Car Accident only to be Killed by Alleged Drunk Driver" »