New Jersey DWI Lawyer Blog

Regardless of which county one drives in -- Passaic, Middlesex, Union or Mercer -- a drunk driving arrest is only an errant lane change away, or for that matter a burned-out headlamp or rolling stop. The fact of the matter is, here in the Garden State, driving with even a couple drinks under one's belt can quickly become a trip to police headquarters for a breathalyzer test and possible booking on charges of driving while intoxicated.

Naturally, drunken driving is one of the many traffic offenses out there, but impaired driving due to prescription medications or illicit drugs (drug DUI) are other ways in which a driver can find him or herself in trouble with the law. As New Jersey DWI defense lawyers, I and my colleagues have represented numerous motorists charged with driving under the influence of beer, wine or hard liquor.

As experienced drunken driving defense attorneys, my firm handles numerous drunken driving and drug DUI cases, as well as breath test refusal and underage drinking offenses. No matter where one lives or works in New Jersey, being arrested for DWI or DUI can be a serious matter and not to be taken lightly. The following police blotter items illustrate some of the typical drunk driving-related and other police arrests that occur on a regular basis throughout the state.

Continue reading "Union County Police Blotter: Cranford, NJ, Police Arrests include DWI, Drug DUI and Underage Drinking" »

If there is one thing that most people need to live and work in our modern age, outside of food and lodging, it might be a valid driver's license. From the day we receive our learner's permit -- and later a full-fledged license -- we begin to value the freedom of movement that driving a car or truck provides. However, for many people, the state can revoke, suspend or otherwise withhold a motorist's driving privileges for certain convicted offenses.

Whether one lives in Monmouth, Ocean or Sussex County, for those caught up in a drunken driving arrest it is not so far flung of a statement to suggest that a temporary, and sometimes long-term, loss of their New Jersey driver's license could be in the offing depending on the nature of the charges and the driver's history of DWI, drug DUI, or other impaired driving offenses.

Considering the freedom and independence that a license imparts to an individual, it's hardly worth tempting fate with a drunk driving arrest, much less a potential conviction. Still, circumstances can arise leaving a driver in the unenviable position of losing his or her driver's license based on a local court's ruling following a guilty verdict or guilty plea regarding charges of driving while intoxicated, or operating a motor vehicle while impaired by prescription medication.

Continue reading "Bergen County DWI Defense: New Jersey Drunken Driving Conviction Can Lead to Revoked Driver's License" »

It's not surprising, with all the anti-drunken driving campaigns that target potentially impaired Garden State motorists every year, that New Jersey law enforcement agencies and our court system hold little love for drivers convicted of DWI or drug DUI. While use of illicit drugs, such as cocaine and marijuana, by some drivers is seen by police officers on a weekly basis, impaired driving as a result of alcohol consumption is likely much more common by the average citizen.

As New Jersey DWI defense lawyers, I and my staff of experienced drunken driving attorneys understand how quickly a driver can find him or herself on the receiving end of a DWI or DUI summons. When that day comes, it's a good idea to consult with a qualified DWI attorney to better understand one's options.

Naturally, it's a given that being convicted of operating a motor vehicle while intoxicated or otherwise impaired by alcohol, prescription drugs or other illegal substances (also know as controlled dangerous substances (CDS), will likely include some serious sanctions -- namely heavy fines and other monetary penalties. But in addition to these financially costly penalties, the courts also have the ability, in many cases, to include a license suspension as part of the list of penalties the defendant will have to bear.

From the standpoint of fees, in general, anyone who is convicted of drunken driving in New Jersey can face fines upward of $1,000 for a single instance and penalties (including surcharges to a driver's insurance premiums) of possibly $4,000 to $5,000 or more over the course of three years. This includes numerous fees for the DWI Enforcement Fund, MVC Restoration Charge, potential out-patient counseling, Safe Neighborhood Fund, Violent Crime Compensation Board Fund, not to mention court costs.

Continue reading "New Jersey Drunken Driving Defense Update: Driver's License Suspension Possible following DWI or DUI Conviction" »

We recently discussed the seriousness of a teenager's conviction for underage DWI. While every parent faced with this type of situation should be rightly concerned, there are other areas of drunken driving defense law that one should also be cognizant of, such as the penalties and fines that adults can face following an arrest for driving under the influence of alcohol or prescription drugs (drug DUI).

As a New Jersey DWI defense lawyer, I can say that a conviction for operating a motor vehicle while under the influence -- either by controlled dangerous substances (CDS) or alcohol -- can carry with it some rather severe penalties. Anyone who is arrested for, charged with or accused of a DWI or drug DUI offense should seriously consider seeking the counsel of a qualified legal expert in the area of drunk driving law. An aggressive defense is important to pursue considering the harsh penalties and fines that New Jersey courts tend to levy on those convicted of drunken driving.

For individuals who are convicted of, or who plead guilty to, DWI or drug DUI charges, depending on the particular circumstances a defendant can face jail time, heavy fines, loss of their driver's license, and the addition of future premium surcharges on their car insurance policy. Of course, penalties following a drunk driving or DUI conviction are dependant on whether that particular conviction is the individual's first, second or subsequent DWI-DUI offense.

Continue reading "Middlesex County DWI Update: A Look at Penalties following a New Jersey Drunken Driving Conviction" »

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" »

For anyone who has ever been stopped by police here in the Garden State for drunken driving, impaired driving due to prescription medication (aka drug DUI), or operating a motor vehicle while under the influence of a controlled dangerous substance (CDS), you know that the potential consequences could be harsh and have long lasting effects.

Of course, alcohol use is one of the most common "legal" pastimes in Bergen, Middlesex, Ocean and Hudson counties, however other illegal substances, such as cocaine, methamphetamine and marijuana, are also being used by drivers on public roads. Of those illicit drugs, marijuana is without a doubt one of the more common illegal substances encountered by state and local police across New Jersey.

Arrests of drivers from all walks of life by New Jersey law enforcement officers for marijuana-related offenses are commonplace, which is not surprising in the least considering that an estimated 35 billion dollars' worth of marijuana is cultivated in the United States each year. In fact, with medicinal marijuana becoming more prevalent, there is a good chance that more people than ever before probably know someone who uses marijuana legally or illegally from time to time.

Even so, persons who are arrested for marijuana use or possession in Monmouth, Sussex, Passaic or Atlantic counties should take very seriously any charges levied by police. Even though marijuana may be considered to be a rather low-level drug in the grand scheme of things, the New Jersey court system treats this CDS drug no differently than any other violation of state law.

Continue reading "Monmouth, NJ, Drunk Driving Update: New Jersey Marijuana Use or Possession Charges can be Serious" »

According to news reports, the repair records for the Hoboken police department's breathalyzer device came under scrutiny following revelations revealed during the drunken driving case against the former mayor of Union City. Based on news reports, former Union City mayor, Raul Garcia, had been arrested on charges of drunken driving following a car crash back in September when a breath-testing device showed a blood-alcohol content (BAC) of 0.16 percent.

Understanding that the defined legal limit for intoxicated driving is a BAC of 0.08 percent, having twice that concentration of alcohol in one's bloodstream is hard to ignore. As New Jersey drunken driving defense lawyers, my firm has handled cases very similar to this one, certainly in terms of a motorist having a single-vehicle accident and then being accused by police of being under the influence of alcohol, prescription drugs (drug DUI), or an illegal substance, such as marijuana or cocaine.

The facts are very important in these kinds of cases; especially the test results from a breathalyzer device, such as the Alcotest machine. Just as important to one's defense is the manner in which the police maintain that equipment. In certain circumstances, poor maintenance or faulty design can drastically affect the outcome of a DWI case, not the least of which is challenging the veracity of the data produced by these machines.

Continue reading "NJ Drunken Driving News: Former Union City, New Jersey, Mayor Pleads Guilty to DWI" »

In many states, the Garden State included, ignition interlocks can be ordered installed in vehicles used by convicted drunken driving offenders as a way of keeping intoxicated drivers off the road. While some people oppose these types of laws, traffic safety and anti-drunk driving supporters maintain that mandatory ignition interlocks are a good thing.

As New Jersey DWI defense lawyers, my staff is well aware of the fines and penalties associated with a drunk driving conviction. In addition to court fees and punitive fines, motorists charged with driving while intoxicated by alcohol or prescription drugs (drug DUI) can also end up paying inflated car insurance premiums and even face jail time for multiple offenses.

One of the legal judgments that can come down from the bench following a DWI conviction is the mandatory installation of an ignition interlock onto a convicted drunk driver's vehicle. The types of devices are designed to prevent the starting of a vehicle if the operator has a blood-alcohol content (BAC) exceeding a certain value. Akin to a mini breathalyzer, an ignition interlock device will disable a car or truck's starting system if the unit detects alcohol on the driver's breath.

A short time ago, Pennsylvania's Supreme Court overturned a ruling that resulted from a legal challenge to that state's law regarding the use of ignition interlock devices. Based on news reports, the ruling not only closed a loophole in state law, it also clarified the application of ignition interlocks in DWI cases.

Continue reading "New Jersey DWI Defense News: Penn. State Supreme Court Overturns Challenge to Ignition Interlock Law" »

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

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

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

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

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" »

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

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

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

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

Here in the Garden State, motorists are rather familiar with the presence of police road patrols, as well as the typical saturation patrols that occur from time to time during holiday weekends and other periods well known for family and friendly get-togethers where alcohol is usually served. It is at these times that the rate of potential drunken drivers rises to the occasion as well.

As New Jersey DWI-DUI defense attorneys, I and my legal staff know the ease with which a driver can be stopped for a traffic violation only to find him or herself accused of driving under the influence of beer, wine or hard liquor. For the younger crowd, police may from time to time find evidence of marijuana inside the vehicle or on the driver's person, which can lead to a drug DUI or possession charge.

Any time a motorist is stopped by the police, it can be an unsettling and intimidating experience. Just the mere presence of a police officer, be it a state patrolman or a local municipal officer, can cause a driver to act out of character or become flustered. As of experienced drunken driving lawyers, my firm understands how certain mannerisms, coupled with so-called evidence of alcohol consumption can lead to a DWI arrest, the outcome of which will have a great deal to do with the subsequent breathalyzer test and other evidence from the state.

Of course, being stopped in Morris County, like Monmouth, Ocean and Bergen counties, results in very similar procedures, but the circumstances may vary considerably. As many people know, a driver cannot be stopped on the street simply on a policeman's hunch that the motorist is drunk. There must be a specific violation witnessed by that officer. However, in the case of drunk driving checkpoints, a driver and his passengers become the focal point of an officer's attention as soon as the vehicle they are in is waved into the sobriety roadblock area.

Continue reading "Morris County Drunken Driving News: New Jersey's Holiday DWI Patrols and Sobriety Checkpoints Continue" »

Every week across the Garden State, individuals are arrested and charged with DWI-related offenses, as well as drug DUI (prescription medication and illicit drugs, such as marijuana and cocaine). These state police and local law enforcement arrests happen everywhere across the state -- from Bergen and Morris to Atlantic and Ocean counties - and affect male, female, young and old alike.

As New Jersey DWI defense attorneys, the legal professionals at my firm have the experience and skills necessary to represent people who have been accused of driving while intoxicated, or who have been arrested for possession of illegal drugs -- also known as controlled dangerous substances (CDS) -- while in their car.

As with any legal case, the details surrounding the arrest are unique, though the circumstances can be similar to other DWI- or DUI-related cases. As always, an individual should be considered innocent until proven guilty. Those who intend to enter a guilty plea on the day of his or her drunk driving hearing should consider carefully the results of that plea; penalties for driving under the influence are rather costly here in New Jersey, and consulting a drunk driving attorney could make the difference between a guilty verdict and a not guilty decision.

Continue reading "Hunterdon County DWI News: Police Arrest Motorist for Drunken Driving; Charge Teenagers with Underage Drinking" »