New Jersey DWI Lawyer Blog

LyndhurstA 56-year-old out-of-state woman was arrested and charged with DWI after she apparently left the scene of a minor accident. According to police reports, officers were called to the scene of a motor vehicle accident on a late Monday afternoon, from which one of the drivers had subsequently left. At nearly the same time, police received reports of an allegedly intoxicated person in a Quality Inn parking lot across the street from the accident. The woman was taken into custody and eventually released on summonses.

East Rutherford
A 21-year-old Weehawken, NJ, female resident was stopped by police after officers observed the driver make a U-turn along New Jersey's Route 120 and in the process hit the center divider of the highway. After pulling over the suspect's car police determined that the woman was apparently intoxicated. Officers noticed a plastic bag in the vehicle, which the driver eventually identified as containing marijuana. She also admitted to police that she had planned to sell the controlled dangerous substance (CDS). The woman was arrested and charged with multiple violations including possession of CDS under 50 grams and possession of marijuana with intent to distribute.

A Hasbrouck Heights man was arrested for drunk driving after several people called police to report a vehicle hitting a light pole around 7am. The 54-year-old driver was located by officers not far from the accident scene in a vehicle matching the description provided by the witnesses. Officers asked the driver to perform several field sobriety tests, which he allegedly could not complete successfully. He was given a breathalyzer test that returned a blood-alcohol content (BAC) of 0.18, according to police.

A Passaic, NJ, man was arrested in the early morning hours on a Sunday after officers reportedly observed him peel out from a stop sign on Carlton and Paterson avenues, then accelerate quickly. The man was pulled over and allegedly could not successfully complete the field sobriety test, and his blood alcohol levelwas 0.18, according to police. He was subsequently released to a responsible party.

A local man was arrested on a Tuesday and charged with possession of CDS in a motor vehicle. The arrest followed a traffic stop after officers noticed a vehicle being driven erratically. As the man exited his vehicle, a paper towel tube allegedly containing crack cocaine fell out of the vehicle. Officers took the driver into custody charging him with possession of crack cocaine, careless driving, being an unlicensed driver, failure to exhibit a driver's license and possession of CDS. He was issued summonses and released.

BLOTTER: 07/22/10 issue, LeaderNewspapers.net, July 22, 2010

Knowing what to expect following a drunken driving traffic stop may help some individuals prepare themselves for the next steps in the DWI arrest and conviction process. Of course, nobody wants to have a drunk driving conviction on their record, but this is always a risk when a motorist who may have had too much to drink is stopped for erratic driving or some other seemingly minor traffic offense.

As a New Jersey DWI defense attorney, I feel that knowledge is power especially when the law is concerned. A drunk driving arrest or summons is just the beginning. Whether the reason is excessive alcohol consumption, a reaction to prescription drug use, or illicit drug or marijuana use, being stopped by a law enforcement officer can spell the end of a clean driving record. And, being taken into custody for driving under the influence can signal the beginning of a lengthy and potentially costly episode in a person's life.

Prior to being charged with drunk driving, a motorist may not even be suspected of it at first. However, in many cases, a patrolman who is trained to detect drunken behavior may already suspect that a driver is operating his or her vehicle while impaired. Stopping the motorist for a simple yet justifiable traffic infraction is the opening move toward a full-blown DWI or drug DUI arrest.

Field sobriety tests are a key tool that law enforcement professionals use to determine possible inebriation. Failure to pass one or more of these tests can become one of numerous pieces of evidence that the state can present as proof that a driver was, in fact, impaired by drugs or alcohol at the time of the arrest.

There are several standard tests that police can use to confirm their suspicion that a driver is intoxicated. These can be administered on the roadside following a traffic stop or in a location where drivers are being checked for drunkenness, such as a sobriety checkpoint or roadblock. They include:

A) Horizontal gaze nystagmus
B) Walk-and-turning test
C) One-leg standing test

Continue reading "New Jersey Drunk Driving Update: Reasons and Procedures for DWI-related Field Sobriety Testing" »

As a New Jersey DWI defense attorney, I usually tell people arrested for drunk driving (or issued a summons for DWI, Drug DUI or other CDS-related traffic offenses) to seek the services of a qualified drunk driving lawyer. One of the more likely times to be stopped for driving while intoxicated is during seasonal DWI crackdowns where police used increased drunk driving patrols and sobriety checkpoints or DWI roadblocks to catch unsuspecting drivers who made the mistake of driving after drinking an alcoholic beverage.

According to news reports, law enforcement personnel from Lower Township will be on the alert for drunken driving violators as part of this summer's "Over The Limit, Under Arrest" Campaign. Commencing August 20 and running until September 6, state and local police officers will be setting up sobriety checkpoints and operating what are referred to as "saturation patrols" as they seek out and arrest motorists who could be driving under the influence of alcohol or prescription drugs.

This is reportedly part of a national campaign to increase awareness of the dangers of driving drunk by using what authorities call high-visibility enforcement. The campaign also utilizes public education in the form of posters, banners and mobile video display signs.

As part of the local New Jersey initiative, the Division of Highway Traffic Safety provides grants to law enforcement agencies and police departments throughout the state funds to run this two-week campaign.

According to news police records, in 2009 185 people were killed in New Jersey as a result of alcohol-related crashes. According to authorities, that number represents 31 percent of the nearly 600 traffic fatalities reported last year across our state. Apparently 67 of those alcohol-related fatalities happened during the summer travel season.

Drivers all across New Jersey should be aware that law enforcement agencies statewide will be looking for individuals who may be violating traffic laws, precipitating a traffic stop, which then can easily result in a DWI arrest. As a drunk driving defense lawyer, I have seen the results of enhanced drunken driving enforcement campaigns.

Motorists are typically picked up on the road or at sobriety checkpoints. Penalties for driving while intoxicated -- whether due to alcohol consumption or drug use -- can be very stiff and may also result in jail time.

Lower Police to Crack Down on Drunk Drivers, CapeMayCountyHerald.com, August 4, 2010

Dozens of arrests for drunken driving are performed by New Jersey law enforcement personnel every week in the Garden State. As New Jersey drunk driving defense lawyers, I and my colleagues have seen just about every kind of DWI and drug DUI case, yet nothing surprises us much these days. On any given shift, state police, county sheriff and local municipal police officers pull over and otherwise stop and charge motorists with driving under the influence of alcohol.

From the initial traffic stop to the actual arrest and then performance of a blood-alcohol content (BAC) breath or blood test (to determine if a driver is legally intoxicated), the process of being charged and possibly convicted of drunk driving can be a scary prospect for many people. Beyond simple monetary penalties, a DWI or drug DUI conviction can result in loss of employment and can potentially ruin personal and business relationships. The following accounts of North Arlington drunk driving arrests are typical of those encountered around the state.

Drinking and Parking
Police were summoned in the late afternoon of June 20 to the parking lot of a CVS drug store following the report of a drunken driver. The caller to 911 reported that a car, which had been traveling on Schuyler Avenue and that swerved across a double yellow line, had subsequently pulled into the CVS parking lot. Officers arriving on the scene approached the suspect vehicle and soon detected the smell of alcohol on the operator's breath. The driver was identified as a 53-year-old Bloomfield, NJ, resident. The man was asked to perform several field sobriety test, which he reportedly failed. He was arrested for driving while intoxicated and issued a DWI summons.

Tailgating Under the Influence
Less than 24 hours later, in the early morning of June 21, a police traffic police patrol on the Bellville Turnpike spotted a vehicle driving erratically, swerving along the road and tailgating the vehicle ahead of it. According to police reports, the officers pulled the vehicle over and conducted a routine traffic stop. During the stop patrolmen noticed the scent of alcohol on the driver's breath. The 32-year-old woman driver from Sayreville failed a field sobriety test and was then arrested for driving under the influence of alcohol. Officer took the man to police headquarters where he apparently refused a breath test. He was issued summonses for drunk driving, tailgating another vehicle, failure to keep right, careless driving and breath test refusal.

Sleeping Off an Apparent DWI Accident
The next day another driver was arrested for drunken driving after police arrived at the scene of a motor vehicle accident on Garden Terrace just off Ridge Road. Officers found the vehicle smashed up against another parked car. The 30-year-old Lyndhurst woman was still in the vehicle, reportedly slumped over in the driver's seat. Police observed that she was very lethargic and nearly unconscious. Officers sent the woman to Clara Maass Medical Center for medical attention. She was later arrested and charged with DWI and careless driving.

North Arlington: Police Blotter, NorthJersey.com, July 1, 2010

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

An apparently drunken out-of-state driver was taken into custody by Hoboken police after an early morning car-pedestrian traffic accident that resulted in the serious injury of a local man, according to news reports. Police said that the accident occurred around 1am on a Thursday morning right in front of Hoboken City Hall.

As a New Jersey DWI defense lawyer, I'm well aware of the complications that an injury accident can add to a drunken driving case. Fortunately for the driver, 38-year-old Pamela Currie, the injured man was not killed as a result; a fatal accident involving driving under the influence of alcohol can be quite serious and may lead to extensive jail time depending on the circumstances.

According to the news, Currie was driving a red Nissan Xterra southbound on Washington Street prior to the collision. Police reports also indicate that a male passenger was traveling in the vehicle as well. Based on reports, if it is determined that the passenger was sober at the time of the crash then that individual could be hit with a fine for allowing an intoxicated person to operate a motor vehicle.

Police stated that the driver appeared to be drunk as she stepped out of the car to take a field sobriety test. According to reports, one witness said that the pedestrian was thrown approximately seven feet before hitting the pavement on his left side. One of the man's shoes was found about 15 feet from where he landed. Police reportedly said that skid marks measured at the scene indicated that the driver was likely speeding at the time of the accident.

The injured pedestrian was taken by ambulance to a local Hoboken hospital. Currie's vehicle was towed away to a municipal garage. At the time of the report, investigators were still looking into the crash, however Currie was reportedly charged with aggravated assault by auto and refusal to submit to chemical blood-alcohol (BAC) test.

Update: Pedestrian Struck; Driver Arrested For DWI, HobokenPatch.com, June 3, 2010

A lawsuit filed in Newark Federal Court has pointed out some potentially serious problems with the policies at the Sparta Township Police Department, according to news reports. The suit, filed by two Newton, NJ, attorneys was prompted by their own 2008 arrest for driving while intoxicated in the Sussex County municipality.

As a New Jersey DWI defense lawyer, I know how strict certain police agencies' policies can be regarding drunk driving violations. Similarly, there are some municipalities that have questionable tactics, which can cause problems for the prosecuting attorneys in those cities and towns. Being a former prosecutor myself, I know the ins and outs of the court system when it comes to drunk driving cases, all of which helps me to provide an aggressive defense to my clients.

In the case of the Sparta suit, court records indicate that the attorneys allege Sparta police "routinely rely upon false pretexts to improperly stop, falsely charge, and overcharge motorists of alleged infractions of the Motor Vehicle And Traffic Laws." That's a pretty specific accusation and something that definitely matches what is being called a major civil rights case against the township of Sparta. Essentially, the suit is challenging the constitutionality of the practices and policies of the Sparta police department.

The suit stems from a traffic stop on April 11, 2008. Reportedly Kevin Kelly and Megan Ward had attended an event at the Lake Mohawk Country Club, after which they were seen arguing in the parking lot by an off-duty Blairstown police officer. That officer phoned Sparta police to report a possible domestic dispute and then informed dispatch the two seemed fine because they drove off together on West Shore Trail.

Based on reports, Sparta police were dispatched to the scene and then followed the attorney's vehicle, with Ward at the wheel and Kelly as the passenger. Despite there being no overt traffic violations -- as recorded by the police car video -- the officers still stopped and questioned the two occupants.

Ward was asked to step out of the vehicle and perform five sobriety tests. The officers made the determination she was impaired and arrested her. Kelly was also arrested as the presumed owner of the car driven by an impaired driver.

Continue reading "Sussex County, NJ, DWI Law Update: Sparta Township Drunk Driving Arrest Procedures Under Fire" »

An important part of a DWI arrest and conviction is proper police procedure. Before a law enforcement officer can stop a vehicle and its driver for drunk driving, there must be sufficient cause for the traffic stop to legally occur in the first place. This is why many drunken driving arrests happen following a seemingly routine traffic stop, such as an improper lane change, running a stop sign, or speeding.

As a New Jersey DWI defense lawyer and former municipal prosecutor, I understand the circumstances that can lead to an arrest for driving under the influence of alcohol or prescription drugs (also known as drug DWI or drug DUI). Because the police need to show sufficient cause for a traffic stop, this is an important element in any DWI prosecution or drunk driving defense.

A recent appellate court decision upheld a lower court ruling against a woman who was accused of driving while intoxicated in Florham Park, NJ, back in the summer of 2007. According to court records, Marylou Panza had appealed her drunken driving conviction and refusing a mandatory chemical test on the grounds that she had been stopped without reasonable suspicion of wrongdoing.

On July 21 of that year, the defendant was attending a local "movie night" in Florham Parka when a police officer assigned to crowd control observed Panza walking off balance and swaying at about 8pm. The same officer saw her again just before 10pm after being told that there was trouble at a popcorn stand. When the officer arrived, everyone on line pointed to Panza, who reportedly smelled of alcohol and had glassy bloodshot eyes.

Seeing the defendant again around 10:30pm, the officer suspected that she might be planning to drive with a child apparently in her care, so he called another officer to the scene to monitor her. When that officer observed Panza get into her car and drive off, he followed her and pulled her over in the next street.

According to police reports, the officer detected the smell of alcohol and observed Panza's glassy eyes. He asked her to perform the finger dexterity sobriety test, which she passed. She failed the one leg stand and walk and turn tests, however, so the officer arrested her on suspicion of DWI. She refused the Alcotest breath testing device three times at the police station.

Following her DWI conviction and refusal of the breath test, Panza appealed her conviction because the police did not have adequate grounds to stop her -- and therefore the evidence obtained from the stop should have been thrown out.

The key point here is that a police officer may stop a motor vehicle without violating a person's 4th Amendment rights if that officer has an "articulable and reasonable suspicion" of a violation of law by the driver or a passenger (Delaware v. Prouse, 440 U.S. 648 [1979]). This is a lower standard than "probable cause" which is required to make an arrest, yet still requires specific objective facts that would lead to the conclusion that the individual in question has broken a particular law.

Unfortunately for Ms. Panza, the appellate court found that the first officer's observations that Ms. Panza was walking off balance, that she smelled of alcohol, and that her eyes eyes were glassy were specific facts that reasonably led to the conclusion that she was intoxicated.

The court also acknowledged that the arresting officer was entitled to rely on the first officer's recitation of these facts in making the stop, and taken together with his own observations that she was driving made it reasonable to stop her. Her performance on the field sobriety tests was sufficient basis for the arrest for DWI. The Appellate Division thus upheld the conviction and affirmed the conviction, along with Ms. Panza's sentence and fines.

Understanding how the police and court system approaches drunk driving offenders is the first step in preparing yourself for a possible DWI arrest in the future. Of course, no one wants to be charged with driving while intoxicated and most people are usually unprepared when it does happen. But being taken into custody for driving under the influence is the beginning of a protracted extended process.

As a New Jersey drunk driving defense lawyer and former municipal prosecutor, I believe knowledge is power. Below are some additional pieces of information that go along with a previous entry elsewhere in this blog. My hope is this may help some drivers when if and when they are pulled over for DWI, drug DUI or marijuana possession in a vehicle.

When it comes to drunk driving, a police officer may suspect that you have been operating your car or truck while impaired. One way for the patrolman to make a decision on whether to take you to police headquarters for a breath test is the use of several standardized field sobriety tests.

Field sobriety tests are one of the main tools of law enforcement and can be used as one of many pieces of evidence to prove that you were, in fact, under the influence of alcohol or prescription drugs at the time of the arrest. These tests typically involve three separate tests:

1) The walk-and-turn test
2) The one leg stand test
3) The horizontal gaze nystagmus

This last one is something many people have seen in the movies and on TV where the patrolman asks the subject to follow a light or a finger with his eyes from one side to the other.

In addition to these tests, the officer will be watching and noting nearly every thing you say or do during the traffic stop, all of which may be used in court as evidence to gain a DWI or drug DUI conviction. Even how you get out of your car can be noted and used against you by the prosecutor's office.

Continue reading "New Jersey DWI Defense Update: What Every Driver Should Know If Stopped for Drunk Driving -- Part Two" »

Regardless of jurisdiction, every police office must obey the letter of the law that they themselves are sworn to uphold. No ifs, ands or buts. As a former New Jersey municipal prosecutor, I have every respect for our men and women in uniform, but as a DWI defense attorney I am troubled by reports of police officers or other law enforcement professionals who break the law themselves.

All I can say is: When will these individuals realize that they need to be doing it better and cleaner than anyone else? As citizens, we all expect our public servants to provide good examples to us and our children. Recently, a news article once again reveals how even the best cops can risk losing it all for one too many drinks.

According to reports, a Port Authority police inspector has been suspended following her arrest in Morris County for drinking and driving. Captain Susan Durett, the highest-ranking female officer at the Port Authority Police Department was arrested around 10pm on a Friday night last month when another motorist called police to report a possibly intoxicated driver on Shunpike Road.

Responding to the call, police located the suspect's vehicle, which was traveling very slowly and crossing several times over the center line of the road, according to the police report. After being pulled over, Durett was given several field sobriety tests, which she apparently failed as officers then placed the suspect under arrest and brought her to police headquarters for processing. No blood-alcohol content (BAC) results were available at the time of the news article.

Based on reports, the 30-year veteran of the Port Authority police was suspended with pay and assigned to administrative work with no gun or badge, according to a Port Authority spokesman. Durett has been the department's highest-ranking woman since 2004 and she serves as an inspector, reporting to the assistant chief. The current length of her suspension was not known when the news reports came out.

Port Authority police inspector suspended after drunken driving arrest in Chatham, NJ.com, March 25, 2010, 6:39PM

When fighting a drunken driving charge, a New Jersey DWI defense lawyer will use all of his experience to help his client get a fair trial. Since being arrested and charged with driving under the influence of alcohol is a serious offense with long-lasting and potentially detrimental effects on a person's life and livelihood, a drunk driving attorney will use the law in an effort to achieve the most favorable outcome.

The court will usually consider the defense's arguments and weigh those against that of the prosecution. A recent New Jersey appellate court decision (STATE V. UZUPIS) upheld one man's appeal of a drunk driving conviction. The circumstances of the arrest appeared to be questionable, which is why the defense files an appeal.

According to the original case tried in an Atlantic County court, Luke J. Uzupis had been arrested after police found him sleeping in his running vehicle. At that time, a police officer spotted the man's car parked at a closed gas station around midnight. The headlights were reportedly will on and the engine was running.

Police reported seeing the man lying back in the driver's seat. He did not respond when the officer knocked on the window, after which the officer opened the door, shook Uzupis and woke him up. Detecting the odor of alcohol on the man's breath, the officer reportedly heard the man say that he had been drinking.

Court records show that Uzupis did poorly on the field sobriety tests and when taken to police headquarters his blood-alcohol content (BAC) was measured at 0.10 percent. Uzupis was convicted of violating N.J.S.A. 39:4-50 in municipal court.

This latest appeal was the second one following the man's conviction in Atlantic County. Regardless, the Superior Court of New Jersey, Appellate Division upheld the original DWI conviction based on the reasons set forth in Judge Robert Neustadter's original decision.

The appellate court added that the only viable issue was whether the police had waited the twenty minutes required by State v. Chun before administering the Alcotest and whether he had defendant under continuous observation during that time. Both the municipal and the Law Division judges found that the Chun requirements had been met.

The defendant offered expert testimony that the field sobriety tests used were not scientifically reliable, but the State did not offer them as scientifically reliable tests. They were the basis for the officer's observations of intoxication. Proof of a defendant's physical condition of intoxication typically consists of proof through the testimony of a police officer with respect to his or her observations of the defendant.

The court added that a police officer is permitted to give lay opinion testimony as to whether a defendant was under the influence of alcohol, and added that the field sobriety tests certainly provided an acceptable basis for the arrest and subsequent administration of the Alcotest.

Marijuana CDS
In a possible drug DUI incident in North Arlington, NJ, two 20-year-olds in a light truck were stopped by a police officer who had been alerted by local residents to a possible marijuana drug deal going on in a local neighborhood. The traffic stop occurred on Belmont Avenue just before 4pm on a weekday. When the two men -- who apparently were passengers in the truck -- denied holding any marijuana, the officer told them that he would call in a drug sniffing dog to investigate. At that point, one man reportedly ran from the scene. He was eventually caught and arrested. Both he and the other 20-year-old were charged with possession of controlled substances and later released on summonses.

In Lyndhurst on a Saturday evening, police approached an apparently suspicious looking car that was sitting in a lot on Chubb Avenue. As officers approached the occupied vehicle, they could detect the reportedly strong odor of marijuana coming from the car. Based on police reports, a 15-year-old passenger and resident of Belleville, NJ, was charged with possession of marijuana.

Drunk Driving
In Rutherford, a 25-year-old woman was charged with DWI in the early hours on a weekday morning. The driver was pulled over after an officer noticed a cracked left taillight on her vehicle. The patrolman reportedly observed the woman's vehicle swaying and traveling over the speed limit on West Erie Avenue near Hackett Place. Failing to pass a field sobriety test, she was taken to headquarters where her blood-alcohol content (BAC) was measured at 0.18 percent. She was released to a responsible party.

In Lyndhurst a 53-year-old local resident was charged with DWI after he allegedly sideswiped a parked car on Kingsland Avenue late at night. Police allege that the man did not stop after hitting the car and refused a breath test when he was pulled over. He was issued a series of summonses, including DWI, leaving the scene of an accident, driving while suspended and operating an uninsured vehicle.

In another, early morning Lyndhurst traffic stop, police pulled over a vehicle on Riverside Avenue after officers observed the driver make a turn without signaling. Pulling over the 42-year-old Hoboken resident, officers noticed evidence of alcohol. The man was arrested and charged with DWI, as well as issued a summons for failure to signal a turn and for driving with a burned-out taillight. The driver was eventually released on summonses.

BLOTTER, LeaderNewspapers.net, March 25, 2010

BLOTTER, LeaderNewspapers.net, March 18, 2010

Lyndhurst: Police Blotter, NorthJersey.com, March 11, 2010

In the early hours on a Wednesday morning, police observed a vehicle apparently being driven in an erratic manner. Pulling the car over to issue a traffic citation, the patrolman likely detected evidence of drinking and driving on the driver's part, after which the 20-year-old female resident of Greenvillage, New Jersey, was arrested for driving while intoxicated. The officer took the allegedly drunken driver to police headquarters and charged with DWI. She was released to the custody of a friend not long afterward.

In a potential case of drug DUI, a 19-year-old out-of-state woman was found by police to be in possession of possession of marijuana and drug paraphernalia following a routine traffic stop in the municipality of Madison, New Jersey. Although the officer in charge had originally stopped the vehicle apparently for a moving violation, he discovered that a passenger was in possession of a schedule 3 narcotic. The woman was transported to headquarters for processing and later released pending a court appearance.

During a routine early evening traffic stop for defective vehicle, a Madison, NJ, police officer apparently suspected that one of the passengers in the vehicle may have had some kind of controlled dangerous substance (CDS) on his person. The suspect, a 19-year-old Fairlawn man, was arrested and charged with possession of marijuana, possession of prescription legend narcotics, and possession of drug paraphernalia. Officers transported the man to headquarters for processing and then released him pending a court appearance.

Police officers pulled a vehicle over in the early morning hours on a weekend for an apparent motor vehicle violation. During the traffic stop, police detected evidence of alcohol consumption with the 42-year-old driver of the vehicle. The local Madison man was charged with operating a vehicle while under the influence of alcohol. He was arrested and taken back to the police department for booking. In addition to DWI, the man was issued citations for careless driving and improper use of headlights.

On the same morning, a 20-year-old resident of Lebanon, NJ, was stopped by police for a routine traffic infraction. During the traffic stop, the officer made a determination that the driver was operating his car while intoxicated. The man was taken to police headquarters and charged with DWI, under-age possession of alcohol, refusal to submit to a breath test, and also speeding. A mandatory court appearance is pending.

Madison Police Blotter, TheAlternativePress.com, March 22, 2010

Drunk driving in New Jersey is punishable by fines and jail time. Monetary costs for being convicted of driving under the influence of alcohol can range from hundreds of dollars to thousands (not including increased insurance premiums as a DWI offender). Jail time, when stipulated, can be as much as sic months for operating a vehicle while intoxicated. You can also lose your license for upward of three years, which could impact your ability to get to a job or meet family obligations.

In Monmouth County, like that of Bergen, Ocean, Mercer and other counties around New Jersey, the police and the courts frown on motorists who flaunt the law. Whether you are found guilty depends on your choice of counsel and the extent of the drunken driving charges against. As a New Jersey DWI defense lawyer and former municipal prosecutor, I know when to fight and when to negotiate.

In Hudson County recently, two individuals were arrested by police in separate instances involving alleged alcohol-impaired motor vehicle operation. According to reports, Bayonne police responded to a car that hit two other parked vehicles on Avenue A near midnight on a Friday.

Based on police statements, 52-year-old John Mendola had allegedly hit the cars, then got out of his vehicle and began walking away. Officers arriving at the scene spotted Mendola about 30 feet away when witnesses pointed him out to the police. Approaching him, police said that they detected the strong odor of alcohol on the man's breath.

Officers asked the suspect to perform several field sobriety tests, which he reportedly failed on the spot. Mendola was charged with DWI and was then taken to a local hospital due to his drunken state, according to police.

Two days later, a 39-year-old woman was observed speeding in the early morning hours by the police. Officers pulled over the driver, Andrea Smith, at 38th Street and Broadway. Smith allegedly had the strong odor of alcohol on her breath, police reports showed, as well as slurred speech and what police described as glassy eyes.

Officers also discovered what they believed to be the cap of an alcoholic beverage container in her purse and soon found a bottle of brandy as well. The woman, who also had an outstanding warrant out of Newark, NJ, was charged with driving while intoxicated. She was released on a summons.

Two drivers facing DWI charges in Bayonne, NJ.com, March 23, 2010

While fighting a DWI arrest is a fairly common practice, fighting a drunken driving charge after "blowing" a double-zero on an Alcotest device is somewhat out of the ordinary. As a New Jersey DWI defense attorney, I and my colleagues are certified in the proper use, operation and maintenance of the Alcotest breath testing machine typically in use by most all of New Jersey's police departments and state DWI enforcement agencies.

According to a recent news article, a Garfield, NJ, man was charged with driving under the influence of alcohol even after he registered a 0.0 percent blood-alcohol content on not one, but two supposedly well-maintained and correctly calibrated Alcotest devices. Regardless, Fair Lawn police charged 20-year-old Dariusz Palka with DWI anyway.

Based on police reports, Palka was pulled over around 2am at a DWI sobriety checkpoint on Broadway and 17th Street while traveling in the city with a number of buddies back on December 19. The friends were reportedly looking for a place to eat as the reason for their late night drive.

Based on police reports, the officers at the checkpoint allegedly detected the odor of an alcoholic beverage coming from the vehicle, after which Palka was asked to step out of the vehicle and take a field sobriety test. According to police, the driver failed several of these sobriety tests and was subsequently placed under arrest.

Reports indicate that officers also discovered an allegedly fraudulent inspection sticker on Palka's Ford Explorer and removed the item as evidence.

Police took the man back to police headquarters where he submitted to a breath test on two separate Alcotest machines about an hour following the initial stop at the checkpoint. According to reports, neither the Bergen County Police Department nor the New Jersey State Police had a drug recognition expert available so Palka was not evaluated for possible drug usage.

Although the man observed that he likely failed the field sobriety tests because he suffers from insomnia and had not slept in about 24 hours, police decided to charge Palka with "operation of a motor vehicle by a person whose blood alcohol is between 0.01 percent and 0.10 percent and is under the legal age to purchase alcoholic beverages. The man entered a not guilty plea and was prepared to go before the Fair Lawn Municipal Court in regard to this charge.

Man charged with DWI with 0 blood alcohol level content, NorthJersey.com, February 11, 2010