Recently in Essex County DWI Defense Category

August 27, 2010

New Jersey DWI Alert: Drunk Driving Enforcement Increases around NJ for Labor Day Holiday

With the coming holiday weekend police agencies around the Garden State will be on a heightened alert for partiers and other people driving while intoxicated between picnics and family gatherings. Regardless of the bad economy, drunken driving arrests and summonses are certain to increase in the next couple weeks.

As a New Jersey DWI defense attorney and drunk driver lawyer, my job is to help motorists who have been arrested by state police, municipal patrolmen and other law enforcement personnel for DWI and drug DUI traffic offenses. Many of these arrests occur at so-called sobriety checkpoints, which are frequently set up throughout the New Jersey area.

As part of the upcoming drunk driving enforcement campaign, known as "Over the Limit, Under Arrest," police units have taken to the streets in an effort to cut the instances of driving while under the influence of alcohol or prescription drugs.

According to news reports, law enforcement agencies are already conducting patrols and operating DWI roadblocks until September 6. Police officers in will be cracking down on drunk drivers as part of this summer's campaign. The state and local effort is designed to raise awareness about the dangers of drinking and driving through high-visibility police patrols and public education.

The New Jersey Division of Highway Traffic Safety typically provides grants to local law enforcement agencies throughout the state to run these programs. As one report mentioned, the state's traffic safety division said that last year New Jersey saw 185 fatal DWI-related car crashes -- according to reports, that number represents nearly a third of the almost 600 fatal accidents statewide in 2009. Authorities reported that nearly 70 of those alcohol-related deaths happened during the summer.


Over the Limit, Under Arrest, NorthJersey.com, August 26, 2010

July 11, 2010

New Jersey DWI Defense News: Essex County, NJ, Drunk Driving and Drug DUI Police Blotter

Defending motorists accused of drunken driving can involve multiple factors, such as how the arrest was conducted, whether or not an Alcotest or other breathalyzer blood-alcohol content (BAC) test was performed, what kind of field sobriety test(s) were administered, and in which municipality the alleged DWI took place. As New Jersey drunk driving defense lawyers, my staff and fellow attorneys understand the ins and outs of DWI prosecution here in the Garden State. The following are some examples of the types of cases that are heard daily in our municipal courtrooms across the state.


Little Falls Car Crash and DWI, Marijuana Possession Arrest
Little Falls police officers were called to respond to a traffic accident on Main Street near Brookside Ave. According to news reports, a motor vehicle driven by a 19-year-old Fairfield, NJ, resident apparently ran into a utility pole. During the investigation, officers noticed that the driver had outward signs of being drunk and under the influence of alcohol. The driver was arrested for operating a vehicle while intoxicated as well as possession of marijuana and drug paraphernalia in a vehicle.


Montclair Police Charge Motorists with Drunk Driving
A 27-year-old North Plainfield man and a 20-year-old Newark resident were arrested in separate DWI stops during the early morning hours. The North Plainfield driver had stopped his vehicle in the intersection of Forest Street and Claremont Avenue for no apparent reason, while the Newark man hit a curb, drove onto a local resident's front lawn and destroyed some shrubs as well as hitting a PSE&G utility box. The Newark suspect apparently left the scene, but was found and charged with DWI.

A few days later police stopped a motorist driving a Cadillac in an erratic manner along Elm Street. The driver reportedly almost hit a curb as well as another vehicle parked on the street. Officers found an open bottle of beer in the car. The driver was given several field sobriety tests, which he reportedly failed. The man was issued summonses for drunk driving, careless driving and possession of an open alcoholic beverage container in a motor vehicle.

Teen Charged with DWI and Leaving an Accident Scene
Responding to a report of a driver needing assistance, police officers came upon a single-vehicle crash. According to news reports, police arriving in the area of Watchung Rd. and Wildwood Dr. in the early morning hours found the front lawn of a local residence. The responding officers found damage to the front lawn including a trail of automotive fluids leading about 60 ft. to an apparently abandoned car with a damaged front end. Tracing the vehicle back to the owner, police charged an 18-year-old for allegedly driving while intoxicated, plus careless driving and leaving the scene of an accident.


Little Falls: Police Blotter, NorthJersey.com, April 8, 2010


Montclair Police Blotter: DWI, Vandalism, Thefts, Baristanet.com, April 13, 2010


Police charge town teen with DWI, NorthJersey.com, May 13, 2010

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May 16, 2010

Seton Hall Report Questions Accuracy of New Jersey Alcotest Breath-testing Machine Regarding DWI Cases

Once again, the validity of breath-test measurements coming out of New Jersey's Alcotest devices is being questioned, this time by Seton Hall University's school of law. Titled "The Untestable Drunk Driving Test," the report shines a spotlight on the reputed accuracy and reliability one of the most damning pieces of evidence used by the state in DWI cases against motorists accused of driving under the influence of alcohol.

Working with other DWI defense lawyers at my firm, we have a great deal of experience in this area. In fact, as a former municipal prosecutor I myself relied on the results for the blood-alcohol content (BAC) testing that law enforcement officers perform everyday on accused drunken driving offenders.

According to this latest report out of Seton Hall in South Orange, NJ, Alcotest maker Draeger AG & Company lobbied to have the machine's source code classified as a trade secret. Because of this, there has apparently been no easy way to confirm the accuracy of the device. What this means, essentially, is that the state of New Jersey purchased a "black box" device that state police and other law enforcement agencies use regularly to arrest and charge drivers with drunk driving.

Because no independent group is allowed to buy and test the Alcotest device -- apparently a Seton Hall University professor attempted to buy one from Drager, but was denied -- scientific comparisons are next to impossible. Based on recent news reports, 20 people convicted of DWI have sued the state over the results of the Alcotest device. As a result, Drager agreed to allow outside companies to review the source code, but not the machine itself.

Reportedly, Draeger contracted Colorado-based SysTest Labs to review the device's source code, while the plaintiffs used a New York-based company to analyze the code. The Seton Hall report claims that both companies determined the code was flawed, however, these third parties each reached different conclusions regarding the reliability of the machine.

SysTest said that despite the flaws the Alcotest machine would "reliably produce consistent test results." This in itself is not a glowing endorsement, but the plaintiffs' research firm, Base One, went one further by saying it found 24 "major defects," nine of which would have a significant impact on the device's testing results.

Continue reading "Seton Hall Report Questions Accuracy of New Jersey Alcotest Breath-testing Machine Regarding DWI Cases" »

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May 12, 2010

NJ DWI News: Will New Law Increase Police Focus on Young Drivers, Drunk or Otherwise?

A recently passed law requires drivers under the age of 21 to place a red sticker on their vehicle's license plates. While the intent of the law appears to be a good-hearted attempt at traffic safety, as a New Jersey DWI defense attorney I tend to side with those claiming the $4 sticker will only invite unwarranted scrutiny and potential discrimination against a segment of the driving public.

When it comes to drunk driving enforcement, New Jersey State Police and municipal police officers are always on the lookout for motorists who may be operating their vehicles while impaired due to alcohol, prescription drugs or controlled dangerous substances (CDS). Young drivers who exhibit traffic behavior suggesting inebriation could quite possibly by singled out due to that red mark on their license plate.

According to an editorial, the new law that took effect on May 1 will must likely lead to discrimination against young drivers which probably wouldn't happen without a red dot. According to the author, New Jersey is one of the top ten safest states for teenage drivers. Referring to the 2001 law that established a curfew for teenagers and significantly decreased the teen driver accident rates, the editorial asks if there is any good reason to put another law into effect.

The law calls for $100 fine for any young driver who does not have the sticker on their plates. A percentage of students across the Garden State may feel that police will be prejudiced when deciding whom to pull over. While teenage driver accident rates due to distracted driving, alcohol use, speeding and other causes may be reduced somewhat, the law is likely to cause a lot of controversy.

Part of the uproar comes from those who point out that 18-year-olds are considered legal adults, so the law tends to separate these individuals from 21 and older adults. By 18, many students are heading off to college, living in dorms or apartments and are essentially functioning on their own. The author asks why this law should affect this small group of legal adults whose just happen to be younger than 21. This would result in subjecting adults to being treated as if they were still teenagers, when all of the while society continues to tell them to just grow up.

There are other concerns, such as making under-21 drivers more distinguishable to pedophiles, sex offenders and rapists who may tend to seek out younger people -- the red-dot sticker would only make it that much easier for criminals to prey on these individuals. The argument is whether or not traffic accident rates go down, will we see an increase in crimes against these younger people, such as rape and sexual assault.

Ultimately, the question is whether or not the effects of the law itself will be worse than the claimed improvements in traffic safety. With the law in effect, only time will tell if New Jersey's lawmakers have made the right decision.


A red dot on cars, HSJ.org, May 4, 2010


April 18, 2010

New Jersey DWI Defense Update: What Every Driver Should Know About Drunk Driving Arrests -- Part One

Being drunk on the road is always a risky scenario. But as a New Jersey drunk driving defense lawyer and former municipal prosecuting attorney, I know that many Motorists get caught up in DWI arrests unexpectedly. Understanding that being arrested for driving under the influence of alcohol is just the start of a long process is fine, but knowing that being convicted of driving while intoxicated is something you should avoid if at all possible.

The following may help some motorists in the Garden State avoid the pitfalls and legal troubles of being arrested, charged and convicted of drunken driving. Of course, the entire process starts with being pulled over for impaired driving in the first place. Whether you are eventually charged with DWI, drug DUI, breath test refusal, or other drunk driving violation, a traffic stop comes first.

Some people wonder is under what circumstances a patrolman can pull them over for driving drunk. While the officer in charge may not initially be aware of your alcohol consumption or prescription drug use, he can stop you for any number of reasons associate with violations of traffic law.

For instance, the policeman may actually see you running through a traffic light or even make a lane change without signaling. It's well known that certain vehicle maneuvers are signatures of a driver operating under the influence of beer, wine, hard liquor or prescription drugs. These suspicious driving patterns include drifting across the center line, weaving into and out of traffic lanes, driving well below the speed limit, or slowing and speeding up for no apparently legitimate reason.

Whenever a patrolman observes these and other so-called erratic driving behaviors, he may decide to make a completely legal traffic stop to observe you and your vehicle more closely.

Once a law enforcement officer has you stopped by the roadside, he or she will likely ask several questions. Whether you must answer these queries depends on the actual information be requested. You do not have to answer all questions put to you by an officer, but some you are legally required to answer, such as your name, age and whether you have a valid driver's license.

It is important to remember that police officers do not have to read you your Miranda rights until after an arrest has been made. Up until that point, the officer will probably attempt to illicit an incriminating statement from you, such as an admission that you were just coming back from a party or that you had been drinking. Gathering this type of information will help the municipal prosecutor to prove the DWI charges against you in a court of law and likely secure a conviction for drunken driving.

February 15, 2010

New Jersey DWI Police Blotter: Essex and Monmouth County Drunk Driving Arrests

As a drunken driving defense attorney representing New Jersey motorists charged with driving under the influence of alcohol, I have handled hundreds of cases involving individuals who drove drunk and had an accident while intoxicated. The state of New Jersey provides stiff fines and jail time for many motorists who operate a vehicle while impaired by beer, wine or hard liquor.

Driving under the influence of prescription drugs (drug DUI) will also cause a driver trouble if pulled over by a state, county or municipal law enforcement officer. Regardless of the circumstances, for a traffic stop to be valid it must be supported by the police officer's reasonable suspicion that a motor vehicle violation has occurred. Under State v. Carpentieri, the New Jersey Supreme Court held that law enforcement officers must have an articulable and reasonable suspicion that a violation of traffic law has happened.

Once an individual is stopped the police must have probable cause to believe the driver is intoxicated before they can make an arrest and conduct a breathalyzer test - usually using an Alcotest measuring device. Remember that there is no right to advice from counsel at this early stage in the DWI process.

A few examples of drunk driving arrests are included below, based on recent news reports. Dozens of these kinds of incidents take place in New Jersey every week.

Montclair
Officers pulled over a 28-year-old Clifton resident in the early morning hours of Wednesday, January 20, when officers observed the motorist traveling at a high rate of speed along the city street. The actual traffic stop occurred at the corner of Glenridge Avenue and Forest Street. As officers approached the vehicle, they detected signs that the driver had possibly been drinking. The man was likely given a series of field sobriety tests to determine his state of inebriation, after which he was taken into custody and charged with driving under the influence of alcohol, as well as speeding.

In an earlier incident, a 56-year-old woman from Riverdale was charged with several offenses including assault by auto, careless driving and DWI after the vehicle she was driving collided with another car. The driver reportedly left the scene of the accident just before 6:30pm on January 19. According to police records, another motorist followed the woman as she drove away, following her to the intersection of Grove Street and Mt. Hebron Road, where she eventually pulled over.

Red Bank
A 44-year-old resident of Newark, NJ, was arrested on January 17 after a Red Bank patrolman observed the woman driving in a manner suggesting drunk driving. The officer pulled the driver over, and on suspicion of drunk driving charged the woman with driving under the influence of alcohol.

In two separate incidents on January 16, Red Bank police arrested a 24-year-old woman and a 64-year-old man on charges of driving while intoxicated. The woman was stopped by a Red Bank police officer in the area of N. Bridge Ave. The woman was apparently drunk, according to police. The officer likely conducted standardized field sobriety tests, which the suspect probably failed. She was arrested for DWI.

In the second arrest that day, the 64-year-old driver was stopped near Newman Springs Rd. by a Red Bank patrolman on suspicion of drunk driving and other traffic violations. After evaluating the driver, the officer effected an arrest and charged the man with driving under the influence of alcohol.


BLOTTER: A CUPFUL OF WHAT??? OH, YUCK!, RedBankGreen.com, January 25, 2010

Montclair: Police Blotter, NorthJersey.com, January 28, 2010

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February 5, 2010

New Jersey DWI Police Blotter: Montclair, NJ, Drunk Driving Arrests

Traffic stops for drunk driving occur every day in New Jersey. The state police and local law enforcement agencies have no tolerance for motorists caught operating a motor vehicle under the influence of alcohol, or prescription drugs for that matter. As an experienced DWI defense attorney, I know the requirements expected of police officers when it comes to drunk driving arrests. I also have a detailed knowledge of the methods and strategies used by prosecutors in their pursuit of a conviction for driving while intoxicated.

Whether a person is pulled over on the parkway or a city street, the patrolman will most likely request that the individual perform a number of field sobriety tests. Another way that someone can be tagged for a DWI is at one of the many sobriety checkpoints, or roadblocks that are set up around the state. Regardless of the location, if the officer suspects that a driver is impaired, he will most likely request that person to take a breath test to determine blood-alcohol content (BAC) -- the amount of alcohol in the bloodstream.

The following are some news items involving drunken driving arrests in the Montclair area. They are just examples of the typical situations that begin a process that can eventually lead to a DWI or DUI conviction.

Orange Road Car Crash
A 22-year-old woman was arrested after driving her vehicle into a utility pole on Orange Road, near Canterbury Park in the early morning of January 18. According to police reports, the pole along the northbound lane was split when it was struck by a 2010 Toyota Corolla driven by the suspect.

Police found the driver standing outside the ruined car and noticed that her speech was slurred. The woman had suffered a small cut to the side of her lip. Apparently the driver told officers that she had one mixed drink with vodka before driving. After she failed several sobriety tests, she was arrested and charged with DWI and careless driving. Her wrecked car was towed away.


Valley Road Accident
An SUV hit a parked car on Valley Road near Walnut Street around 8:30pm on January 17 -- according to police the suspect's vehicle continued away northbound on Valley Road without stopping. Officers found a 2000 Nissan Altima with damage to its rear bumper. After the owner of the vehicle gave a description of the sport utility vehicle to the police, officers made a search of the area.

Driving along Upper Mountain Avenue, the patrolmen found a damaged Nissan Pathfinder with its hazard lights flashing. They saw a woman standing outside the truck, talking on her cell phone.

Officers asked the woman how her truck's front bumper had been damaged. The 42-year-old driver said the vehicle had been involved in an accident a week ago, but was uncertain as to where it had occurred. The officers noticed that the driver appeared to be slightly off-balance and admitted that she had been drinking "a little," according to the police report.

Continue reading "New Jersey DWI Police Blotter: Montclair, NJ, Drunk Driving Arrests" »

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January 18, 2010

NJ DWI and DUI Police Blotter: Drunken and Impaired Driving News from Across New Jersey

As a New Jersey drunk driving defense lawyer, my office represents dozens of clients accused of a range of traffic offenses including driving under the influence of alcohol, prescription and illicit drug DUI, breath test refusal and other DWI-related charges. Not every drunken driving arrest results in a conviction, which is due to a variety of possible scenarios and different facts attached to each case.

The following is a selection of recent drunk driving arrests across the Garden State. Whether you live in Newark, Red Bank, Atlantic City or any of other cities and towns in New Jersey, a conviction for driving while intoxicated can adversely affect your life. However, you should never assume that you have don't have options following a drug DUI or DWI arrest.


Orange
A local resident was picked up recently by police after running her vehicle up onto a curb in Orange, NJ. The incident occurred just before 2:30am on January 3, when the 23-year-old woman apparently lost control of her sedan, struck the curb and then hit a stop sign. Police responded to the accident at Orange and Elm streets apparently on a call from another motorist or resident in the area.

According to reports, police officers arriving on the scene found the woman's 2001 Mitsubishi Diamante up on the curb with damage to its front end and the right-front tire. Officers also noted a street sign, which had apparently been struck by the vehicle and was now lying in the roadway.

Police reports indicate that there were five occupants in the car, including the driver, all of which were unhurt. However, law enforcement officers observed that the suspect was slurring her words, swaying and staggering as she stood outside the vehicle. Based on these observations, officers requested the woman take several field sobriety tests, which she failed. She was charged with DWI and careless driving, according to police.


Montclair
Al local motorist was stopped by police after the officers saw a 2009 Ford Flex weaving in and out of its lane around 1:45am on January 2. According to news reports, patrolmen pulled over the 42-year-old driver near the intersection of Bloomfield Avenue and Valley Road.

Continue reading "NJ DWI and DUI Police Blotter: Drunken and Impaired Driving News from Across New Jersey" »

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January 12, 2010

NJ Drunk Driving Defense Update: Financial Impact of a DWI Conviction in New Jersey

Driving while intoxicated, DWI or driving under the influence, whatever term you use it all adds up to lost driving privileges and extensive fines, not to mention possible job loss and being disgraced in the eyes of your family or local community. Here in New Jersey, being convicted of a drunk driving charge can result in a range of possible actions by the court to punish the convicted drunk driver.

As a New Jersey drunk driving defense attorney my firm represents hundreds of individuals every year in cases of driving under the influence of alcohol. A number of these cases involve human as well as social costs. Even under the best of circumstances, the financial cost of a DWI conviction can result in expensive court fines as well as higher insurance rates for years to come.

The stigma alone of a alcohol-related DWI or drug DUI conviction can affect a person's standing in the community, possible loss of a job, or potential damage to relationships with family and friends.

A DWI conviction can be expensive. Fines and penalties for additional drunk driving convictions are large, but even first-time offenders can feel the sting. Below are just a few of the potential monetary costs that can be expected for a variety of drunk driving offenses, according to the State of New Jersey (Remember that jail time or community service may also be included if the court deems it necessary).

A first DWI offense will typically cost a motorist $250 to $400 in fines for a blood-alcohol content (BAC) of 0.08 percent or higher (but less than 0.10 percent). This fine rises to $300-$500 if your BAC is 0.10 percent or higher. Plus, there is an automobile insurance surcharge of $1,000 per year, which will last for three years.

Being convicted for a second DWI offense will get you a $500 to $1,000 fine, plus an automobile insurance surcharge of $1,000 per year for three years.

Conviction for a third DWI offense will result in a $1,000 fine, as well as an auto insurance surcharge of $1,500 per year for three years.

If you refuse to submit to a breath test, be prepared to hand the state between $300 and $500 for your first offense. This fine ranges between $500 and $1,000 for a second offense, and $1,000 for the third. In all instances, the insurance surcharge applies -- this will total $1,000 per year for three years for the first and second offenses; and $1,500 for the third offense. If you are convicted of driving on a suspended license due to a previous DWI your fine will typically be $500.

All of these fines are in addtioin to several other surcharges that the state applies to every DWI conviction:

  • $100 -- Drunk driving enforcement fund
  • $100 -- Motor Vehicle Commission restoration fee
  • $100 -- Intoxicated Driving Program fee
  • $50 -- Violent Crimes Compensation Fund fee
  • $75 -- Safe and Secure Community Program fee
  • $100 -- $50 for the state of New Jersey and $50 for the municipality in which the conviction was obtained
December 19, 2009

Seton Hall Lifts Suspension on Player Arrested for DWI Injury Accident on Garden State Parkway

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

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December 8, 2009

NJ DWI News: Drunk Driving Patrols Increased Across New Jersey through New Years

The coming holiday season is well known for its parties and family gatherings, and despite the poor economy drunk driving arrests are sure to surge during the next few weeks. In response, New Jersey DWI enforcement units are taking to the streets in an effort to reduce the instance of driving while intoxicated. As leading drunk driving defense lawyers, my firm has experience in a wide range of DWI and drug DUI defense. Recent news of the "Over the Limit, Under Arrest" campaign is evidence that drunk driving patrols will be working overtime in the Garden State.

According to news reports, law enforcement agencies across the state are already conducting saturation patrols and operating sobriety checkpoints, also known as sobriety roadblocks, as part of the nationwide drunk driving campaign. Enforcement will continue, say police, through January 3, 2010.

New Jersey's Division of Highway Traffic Safety is funding the local initiative, which began in 1999. According to reports, the division provides $5,000 grants to law enforcement agencies to cover overtime for those officers assigned to DWI patrols or checkpoints.

To illustrate the extent of the effort, 110 Jersey police agencies will receive grants, according to Pam Fischer, the division's director. The campaign will also include the New Jersey State Police.

A police spokesperson indicated that the holiday DWI crackdown will see officers on the street spending about four hours looking for "possible alcohol-impaired drivers" along with their regular patrols. "It's important that we keep everybody safe on the roads, especially near the holidays," said Vineland police Sgt. Vince Solazzo of the city's Traffic Safety Unit.

Police remind the public that last year, 11,773 people across the United States died in crashes involving a drunk driving, this is according to the National Highway Traffic Safety Administration (NHTSA). According to reports, New Jersey saw 165 people killed in alcohol-related crashes in 2008, down from 195 in '07.


Extra drunken-driving patrols coming to South Jersey, CourierPostOnline.com, December 8, 2009

October 29, 2009

New Jersey Police Blotter: Numerous Essex and Morris County DWI Arrests in the News

Montclair
A resident of Wayne, NJ, was stopped by police just after 12am on September 21 for allegedly running three stop signs. As a drunk driving defense lawyer with offices throughout New Jersey, I know that this kind of behavior is difficult to explain simply. However, my firm has represented many individuals arrested for DWI under similar circumstances, which is not uncommon.

According to police reports, the 44-year-old man was driving a 2006 Honda CR-V when he was pulled over by law enforcement officers at Valley Road and Church Street. Officers reportedly could smell alcohol on the man, who also exhibited other signs of possible intoxication, police said. When asked, the suspect explained that he had consumed two beers at a local bar earlier that evening.

Officers asked the driver to exit the vehicle and take several field sobriety tests. According to the report, he staggered as he got out of the SUV and then failed the tests. He was subsequently taken into custody and issued summonses for DWI and reckless driving, as well as failure to stop, and not wearing a seatbelt.

Morris Township
A 21-year-old local woman was recently arrested and charged with DWI following a motor vehicle accident on Washington Valley Road just before 4am. According to reports, when asked by a tow truck driver called to tow a 2008 Honda involved in a single car accident, the suspect said that she got into an accident at approximately 2am but hadn't reported it to police.

According to police, the woman told responding officers that she ran off the road trying to avoid a deer. However, because she showed signs of intoxication, and then failed several field sobriety tests, she was arrested for DWI, careless driving and failure to report an accident to police.

Mount Olive
Another 21-year-old female was arrested recently following a routine traffic stop for an expired vehicle registration. After stopping the vehicle along Route 46, police observed a glass pipe commonly used for smoking marijuana in the car's center console, according to police reports. The pipe allegedly contained suspected marijuana residue. The woman, a resident of North Bergen, was transported to police headquarters where she was charged with possession of CDS marijuana, possession of drug paraphernalia, expired registration and failing to exhibit her driver's license and released pending a municipal court hearing.

Pequannock
A Pompton Plains man was charged with driving while intoxicated during an early Sunday morning after police responded to a report of an individual asleep behind the wheel at Jackson Avenue and Route 23. Officers found a 2004 Honda Civic facing west on Jackson Avenue, approximately 15 feet from the intersection, with the driver asleep and the vehicle in drive shortly after 3am, police said. After numerous attempts to wake the driver, he finally woke and was directed to put the vehicle in park and turn the ignition off, police said.


Police news briefs, MontclairTimes.com, October 1, 2009


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August 19, 2009

DWI News: Drunk Driving Patrols, Sobriety Checkpoints Scheduled across New Jersey for Next Couple Weeks

Drivers in Monmouth and Essex Counties, along with many other parts of New Jersey, will see numerous Drunk driving patrols over the coming weeks. DWI sobriety checkpoints throughout the Garden State will also be evident during the days leading up to the coming Labor Day holiday weekend. These checkpoints, also known as sobriety roadblocks, are commonly used by law enforcement as one way to decrease the number of alcohol-related auto accidents and deaths on the state's highways and surface streets.

As a New Jersey DWI defense lawyer, my office alerts motorists to these checkpoints due to the number of driving while intoxicated arrests in these areas. By law, state, county and municipal arms of law enforcement can only set up checkpoints in locations that have a statistically high incidence of people driving under the influence of alcohol.

Standard procedure at these checkpoints includes police giving field sobriety tests to drivers that appear to be intoxicated. If the officer is satisfied that an individual operating a vehicle is possibly drunk, a breath test will usually be administered to determine the blood alcohol content (BAC) of that driver.

As New Jersey DWI defense attorneys, our office advises anyone who has been issued a summons for drunk driving or breath test refusal at one of these sobriety checkpoints to contact a skilled drunk driving defense lawyer.

Every lawyer on our staff is fully trained and qualified in the operation of the Alcotest breath test device, which is used extensively across the state of New Jersey. Our attorneys also possess an in-depth knowledge of standardized field sobriety testing, as defined by the National Highway Traffic Safety Administration (NHTSA). Hardly any other New Jersey law firm can make this claim of all their attorneys, which is why we can help you with your latest DWI summons.


Drunken-driving crackdown to begin on Aug. 21, GMNews.com, August 20, 2009

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August 14, 2009

Drunk Driving Arrest News: New Jersey Police Blotter

South Orange -- An Essex County, New Jersey, resident was stopped by police around 1:30 a.m. on August 7 when and officer saw a car apparently speeding on Sloan Street, after which it poorly negotiated a left turn onto South Orange Avenue. After making the traffic stop, other officers arrived at the scene where they detected the scent of alcohol on the driver's breath indicating that the man was probably drunk. A passenger in the front seat also appeared to be intoxicated. Police administered a field sobriety test to the 43-year-old Maplewood resident, which he failed. The man became upset following the test. Police arrested him for DWI, took him into custody and impounded his vehicle.

South Orange -- On August 8, in the early morning hours, a patrolman noticed a vehicle parked in front of 67 South Orange Avenue with the motor running, headlights burning and right-front tire completely flat. On closer inspection, the officer could see that the 28-year-old Greenbrook, NJ, resident appeared to be sleeping. The officer attempted to awaken the man, who became somewhat responsive after several minutes. Interviewing the conscious driver, the police officer could detect the odor of alcohol on the man's breath. Other officers were called to the scene and the man was removed from the vehicle and given several field sobriety tests, all of which he failed. Police arrested the man and transported him to headquarters where a test for blood alcohol content (BAC) showed a reading of 0.13 percent.

Madison -- A 49-year-old Irvington resident was stopped for careless driving by local police officers late in the evening of July 31. During the traffic stop, officers noticed that she was inebriated, after which she was charged with drunk driving and later released to a family member.

Madison -- An older Chatham man was arrested in the early morning of July 28 after Madison police noticed a vehicle on Main cross over the yellow line and crash into a curb. Officers pulled the car over on Cook avenue and saw that the 76-year-old driver was noticeably intoxicated. The man was taken to police headquarters where he was charged with DWI, careless driving and failure to keep right. He was subsequently released to a friend.

Madison -- The next day, a 52-year-old Morris County man was arrested for drunk driving in the late evening. Following the traffic stop, police found drugs on the driver as well as drug paraphernalia. The man was charged with driving while intoxicated, possession of possession of a drug in a motor vehicle, possession of less than 50 grams of marijuana, possession of drug paraphernalia and careless driving. The man was later released to a friend pending a court appearance.


Police Blotter: Two DWI Arrests, SouthOrange.Patch.com, August 11, 2009


Police Blotter, DailyRecord.com, August 7, 2009

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June 21, 2009

Drunk Driving Suspected in Multi-Car Injury Pileup in Newark

Speeding and driving under the influence of alcohol were suspected contributing factors in a horrendous multi-vehicle DWI accident a few nights ago in Essex County, New Jersey. An allegedly drunk driver was in one of two cars observed traveling at a high rate of speed just before they both crashed into three other vehicles waiting for a traffic signal at a busy Newark intersection.

Nine people were injured in the five-car crash at the intersection of Frelinghuysen and Haynes Avenues. Except for the driver and passenger in one of the five vehicles, everyone involved escaped serious injury -- those two people were reportedly taken to the hospital in critical condition.

Following the early-morning accident, police detained Rayquan Horton, 24, who they suspected was one of the two drivers who may have been responsible for the accident. Horton, a resident of Irvington, New Jersey, was later charged with driving under the influence of alcohol. According to preliminary police reports, all of the people involved in the accident were coming from the same night club in Elizabeth.

As a New Jersey DWI defense attorney, my office has defended many clients who have been charged with drunk driving. An injury accident is a terrible tragedy, but being accused of driving while intoxicated AND being the cause of the injuries means this individual will definitely require the services of an experienced legal professional.

According to the news reports, the accident scene was a "mangled mess of twisted metal and shattered glass." Newark police stated that the accident occurred around 2 a.m. on June 17 as the two cars went speeding north up Frelinghuysen Avenue, apparently unaware of the three other cars sitting at a light just ahead. According to witnesses, there was no chance of stopping in time.

Police reported that some of the people involved in the accident were acquainted with the others, however the exact relationships had yet to be determined.

If you or someone you know has been arrested for drunk driving, or received a ticket or summons for DUI/DWI in the Newark or surrounding area, do not make any statement to the police. Instead call The Law Offices of John F. Marshall toll free at 877-450-8301 to set up a free initial consultation.


Multi-vehicle crash injures 9 in NJ, ABCLocal.go.com, June 18, 2009

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