New Jersey DWI Lawyer Blog

A New Jersey driver was arrested for driving under the influence of alcohol after the vehicle in which he and another man were traveling crashed on Route 47 early on a Sunday morning. According to news reports, the accident occurred in Middle Township when 21-year-old Ryan Simcox of the township's Rio Grande area apparently lost control of the vehicle.

As a result of the accident, Simcox's passenger was thrown from the car. Based on police reports, 25-year-old Steven Adams was ejected from the vehicle when it crashed just before 3am near the Sonic restaurant at the Grande Center. The Whitesboro resident was thrown to the pavement and reportedly received serious injuries.

As a New Jersey drunk driving defense lawyer and former municipal prosecutor, I understand the complications that such an accident can cause to a DWI defense case. In this case, an eye witness told police that the driver was speeding through a parking lot, allegedly accelerating as he ignored several stop signs prior to losing control and driving through a safety fence and then into a ditch. The witness was reportedly a night watchman for a nearby Lowe's store.

Adams was treated by emergency personnel and the airlifted by SouthStar medical helicopter to AtlantiCare Regional Medical Center in Atlantic City. He was reportedly listed in fair condition later that day. According to police, Adams was not wearing his seat belt.

Simcox, who was not hurt in the crash, was arrested by police and charged with driving while intoxicated and assault by auto. He was placed in custody on $10,000 cash bail at the Cape May County Jail in Cape May Court House. A third occupant, the 21-year-old Elijah Adams, was uninjured in the accident and reportedly fled the scene before officers arrived. He was later found and taken into custody by police; he later posted bail.

Police said that both Simcox and Elijah Adams were wearing their seat belts at the time of the crash.

Driver charged with DWI in Middle Township crash that caused passenger to be ejected, PressofAtlanticCity.com, August 8, 2010

Being pulled over by a policeman in New Jersey while driving under the influence of alcohol can be just the beginning of a difficult and costly episode in one's life. Getting pulled over for DWI while visiting or just passing through the Garden State can mean a variety of things, not the least of which is denial of that individual's right to operate a motor vehicle in this state.

As a New Jersey lawyer dedicated to defending individuals arrested for DWI, DUI or breath test refusal, I understand how easily a driver can end up with a drunk driving conviction on his or her record. As a former municipal prosecutor, my knowledge of the state's procedures gives me better insight into the process and potential outcomes.

For out-of-state drunken driving offenders, the end result is dependant on a number of factors. Regardless of the circumstances however, being convicted of driving while intoxicated either by use of prescriptions drugs or liquor is something you should avoid if at all possible.

While a patrolman may not at first be aware of whether or not a driver has had too much to drink, the officer can stop you for any number of potential traffic violations such as running a red light, making a lane change without signaling or not maintaining ones lane.

New Jersey's drunk driving laws apply to all motorists regardless of whether or not one is a resident. However, for out-of-state drivers a possible conviction for DWI does not arise as a result of the state where an individual obtained their drivers license. Specifically, when an individual licensed in a state other than New Jersey is charged with a drinking and driving offense here in New Jersey, all that this state can do is enforce the particular DWI, drug DUI and/or refusal charge by limiting that driver's ability to operate a motor vehicle within New Jersey.

Continue reading "NJ Drunk Driving Update: How a New Jersey DWI Arrest Affects Out-of-State Motorists Caught Driving Under the Influence" »

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

A woman single-handedly pulled the plug on 18,000 residents in Cape May, NJ, on a cold March morning earlier this year, but the reason behind the crash that left so many in the dark was much more simple. According to court records, 26-year-old Denise M. Pomykacz of Burlington Township was driving under the influence of alcohol the morning of March 27 when she plowed into a utility pole just before 5am.

As a former municipal prosecutor and now as a New Jersey drunk driving defense lawyer, I know how combining a DWI arrest with other traffic offenses or moving violations can complicate an individual's case. Whether one is facing charges of driving while intoxicated, breath test refusal or prescription drug DUI, there is no sense in making things worse by adding property damage or injury to the list of offenses.

In the recent case of Ms. Pomykacz, the former West Wildwood resident reportedly pled guilty in a Middle Township courtroom to DWI charges lodged against her following the drunken driving episode that winter morning.

That Saturday around 4:40am, according to police reports, Pomykacz crashed into a utility pole on Reeves Street between Vicks and Gibbs in the Whitesboro section of Middle Township. That accident and subsequent downing of the local power lines apparently shut down an electrical substation that supplied power to thousands of Atlantic City Electric customers in the local area, namely Middle Township and Stone Harbor.

Middle Township Police eventually caught up with the woman, who was arrested and ultimately charged with driving under the influence of alcohol, failure to report a motor vehicle accident, failure to produce proper documentation, not to mention other miscellaneous charges no doubt associated with the cutting of power to 18,000 people.

As a result of her guilty plea, Pomykacz was sentenced to 12 hours' worth of participation in New Jersey's Intoxicated Driver Resource Center Program. Her driver's license was also suspended for 90 days, and she was fined $1,131 by the judge presiding over the case.

Woman who caused blackout for 18,000 in Cape May County pleads guilty to DWI, PressofAtlanticCity.com, May 25, 2010

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

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.

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

Since the passing of another anti-drunk driving bill in the state legislature earlier this year, some people have voiced concern over the safety of ignition interlock devices, which are designed to disable a vehicle if the operator's blood-alcohol content (BAC) is over a certain level. The law requires even those convicted of a first-time DWI violation to have the breathalyzer-type device installed on their vehicle.

As a New Jersey lawyer who defends motorists charged with driving under the influence of alcohol, I was not surprised by the passage of this law especially considering the strong public support for most any DWI, drug DUI or other drunken driving offenses. Not only does a conviction for driving while intoxicated carry a stigma that is not easily lost, court costs, fines and increased insurance premiums only add to the burden, even for first-time offenders.

Recently, an editorial addressed the concern of having so many vehicles fitted with a breathalyzer-ignition interlock device. The fear is that these devices might cause additional distractions or literally shut off the vehicle as it is traveling on a busy expressway, possibly causing an accident.

Based on the piece, which asks the question of whether or not you would plow up a balloon for your kids while operating a motor vehicle, answers some of the questions involving the safety of these ignition interlocks.

It's a legitimate question, since many accidents do occur because of driver distraction. Since the new state law requires a convicted DWI offender to blow into an ignition interlock device, does this happen while they are driving? And if so, really how safe is that for the driving public in general?

While the device requires the driver to blow into it to allow the engine to start, and then periodically while the car is being used, it apparently will not "shut down" the engine while the vehicle is in motion. In this case, if the device detects a BAC sample above a predetermined level, a signal will cause the headlights to flash and the horn to sound.

According to reports, it's a quick procedure that should not be as distracting as carrying on a continual conversation on a hand-held cellphone. That's nice to know, because we don't need any court-mandated devices causing additional accidents all in the name of safety.

Road Warrior: Drunken driving interlocks: Are they dangerous?, NorthJersey.com, March 3, 2010

Recently there was an important change to New Jersey drunk driving law affecting the sentencing of motorists convicted of DWI offenses. According to reports, a New Jersey appellate court overturned a decision that had stood as a precedent for the past 17 years. As a New Jersey drunk driving defense lawyer, my aim is to help those accused of driving under the influence of alcohol or prescription drugs get a fair hearing. Changes such as this latest decision will have a great affect on DWI case going forward.

The recent appellate court ruling states that any previous convictions for the violation of New Jersey's implied consent law must now be considered as prior DWI convictions where drunk driving sentencing is concerned.

The case in question, State v. Ciancaglini, No. A-2785-08T4 (N.J.A.D. 2010), was brought by the state of New Jersey as an appeal to the sentencing of Eileen Ciancaglini, a woman charged with drunk driving back in May 2008 (at that time Ciancaglini blew a 0.17 percent BAC on a breathalyzer).

Ciancaglini had already been convicted of drunk driving in 1979; she was also convicted of refusing a chemical alcohol test in 2006. When she pled guilty to the 2008 DWI charge she was sentenced as a third-time offender by the municipal court (Here in New Jersey, drunk driving defendants have the right to appeal the decisions of municipal courts to New Jersey Superior Court, which is exactly what Ciancaglini did).

In that appeal, the Superior Court used a precedent established in State v. DiSomma, 262 N.J.Super. 375 (N.J.A.D. 1993). In the case, the court found that prior refusal convictions did not count as prior DWI convictions under New Jersey's DWI sentencing statute, N.J.S.A. 39:4-50. (This law also requires the court that sentences the defendant to discount a conviction so long as it occurred more than 10 years prior to the current conviction.)

Continue reading "DWI Defense Law Update: NJ Appellate Court Overturns Decision on Sentencing for Convicted Drunk Drivers" »

When it comes to car-pedestrian accidents, the person on foot rarely has a chance. Add alcohol consumption into the mix and that's a potentially deadly combination. The trial of a Jersey City police officer who was arrested for the drunk driving death of a pedestrian has recently come to its completion. According to news reports, the off-duty officer faces up to 10 years in prison for killing a pedestrian in an out-of-state DWI crash.

As a New Jersey drunk driving defense attorney, I have been on both sides of the aisle in cases similar to this one. An arrest for driving under the influence of alcohol, breath test refusal or prescription drug DUI is already a serious situation that calls for the assistance of a qualified drunk driving lawyer. In cases involving a fatality, whether pedestrian or another driver, an experienced DWI attorney is a necessity.

Based on news articles, the incident that led to the arrest occurred in Manhattan back in Early 2009. At that time, the former officer, Martin Abreu reportedly had a blood-alcohol content of 0.124 percent when he struck and killed 26-year-old Huang "Marilyn" Feng. Based on reports, Abreu's police partner was riding in the car with him at the time of the collision.

Court records show that Abreu's car struck Feng and her boyfriend as they were walking home just before 4am after an evening of dancing. When police and emergency personnel arrived at the scene, the obviously intoxicated Abreu was still behind the wheel of his 2007 Camry with the engine running. The driver admitted to responding officers that he had hit Feng.

The arresting officers described the suspect as having watery eyes, slurred speech, with the smell of alcohol on his breath and a bottle of liquor in the car. Initially, Abreu reportedly refused to submit to a blood-alcohol test, however he did eventually agree to take the test and blew a 0.124 percent reading.

Abreu, who had been with the Jersey City Police Department since 2005, was charged with two counts of aggravated vehicular homicide, two counts of aggravated vehicular assault, two counts of vehicular manslaughter in the second degree, two counts of vehicular assault in the second degree, and two counts of operating a motor vehicle while intoxicated.

According to news reports, Abreu will be eligible for parole in 3 1/2 years, while his maximum sentence can be as much as 10 1/2 years.

Jersey City cop gets prison for fatal drunken driving accident, NJ,com, February 24, 2010

Fatal 'DWI' cop's partner saw it all, NJ.com, February 10, 2009

A Federal Express delivery truck driver who was fired for a drunken driving-related traffic offense was recently denied an appeal to get New Jersey unemployment benefits. It's no surprise that penalties for DWI and drug DUI offenses are pretty heavy in the New Jersey area. This story only brings home the point that retaining a qualified drunk driving defense attorney should always be foremost in one's mind following a DWI arrest.

As a New Jersey DWI attorney, my office handles cases of motorists arrested for driving under the influence of alcohol and prescription drugs on a regular basis. It's not uncommon for many drivers charged with driving while intoxicated to get hit with fines and other monetary penalties as well as court-imposed jail sentences.

Additionally, this case should remind everyone that a DWI conviction can make a motorist ineligible to receive unemployment insurance. This is exactly what happened to Alan G. Roche last January after he was fired from his driving job at FedEx, also as a resul of his drunk driving arrest. In fact, recent appeals court decisions have upheld the denial of unemployment benefits due to a worker leaving a company voluntarily "without good cause attributable to the work."

Based on reports, Roche was cited for drunk driving in February 2008 while driving his private car outside of working hours. Unfortunately for Roche, FedEx's company policy calls for any driver who does not clear a DWI charge from their record within three months to either find other (non-driving) employment in the company or be fired.

Based on reports, FedEx put Roche on unpaid leave for three months, but the man was not able to clear himself of the DWI charge within that time period. When he checked for other jobs at FedEx that did not involve driving, he was told that there were no open positions. Roche was fired from FedEx in June of last year.

Roche applied for unemployment benefits in New Jersey the following month, however he was denied them. A state review board said that a precedent from Yardville Supply Co. v. Board of Review, 114 N.J. 371 (1989), a New Jersey Supreme Court case from 1989, required them to deny Roche's claim.

Continue reading "New Jersey DWI News: Former FedEx Driver Denied Unemployment Benefits due to Off-hours DWI Arrest " »

If the state of New Jersey is going to prosecute drunk drivers with the same zeal as it goes after criminals, the same basic rules of law should apply to both types of cases. Recently, the Appellate Division of New Jersey's Superior Court ruled that even defendants charged with driving under the influence of alcohol deserve a fair and speedy trial. As a New Jersey DWI defense lawyer, I have personally experienced the delays that occur with many drunken driving cases every year.

According to court records, the appellate court decided late last year that speedy trials are the right of everyone caught up in the state's judicial system. Based on reports, the court overturned a DWI conviction simply because the prosecution allowed the defendant's case to be dragged out for almost one year.

The decision was released in December essentially ruling that the guarantee of a speedy trial in the Bill of Rights also applies to cases of drunk driving. Unfortunately for motorists accused of driving while intoxicated, courts have been known to generally ignore most of the constitutional protections when it came to DWI cases. For example, the US Supreme Court swept aside the Fourth Amendment right of innocent drivers to be free from warrantless searches so that DWI checkpoints could be conducted.

In this most recent case, the infringement was so extreme that the court had little choice but to overturn the DWI conviction of Christos E. Tsetsekas that resulted from a May 8, 2007 arrest for being just over the legal limit for intoxication. Seven days later, Tsetsekas appeared in court to plead not guilty.

According to news reports, Tsetsekas appeared in July for his trial, but the prosecutor asked the judge to postpone until August. State police officials then delayed, saying it would take time to produce a copy of the dashcam video that documented Tsetsekas' arrest. The judge set a September court date, and subsequently an October date. After police found the tape in November, the prosecutor asked for another delay because he had not seen the footage.

Trial did begin in December, but the only witness for the prosecution available was a state trooper who did not show up until 11pm. Because the remainder of the prosecution's witnesses were not ready, the trial was scheduled to resume in March 2008. On that date, none of the troopers appeared. Finally, the trial wrapped up on April 16 and Tsetsekas was convicted.

At the time, the trial judge concluded that because the prosecutor had not maliciously delayed as a means of harming the defendant's case, the defendant's right to due process was not infringed. The appellate court's three-judge panel disagreed and put the blame for the dismissal squarely on the shoulders of the prosecutor.

New Jersey Appellate Court Upholds Speedy Trials for DUI, TheNewsPaper.com, January 12, 2010

Recent statistics released for Cape May County indicate that Middle Township saw the most DWI cases than any other municipality in the county. Out of 477 drunken driving cases throughout the county, Middle Township had 82 cases -- this translates to 17 percent of the entire county's driving while intoxicated prosecutions.

As a New Jersey drunk driving defense attorney and former municipal prosecutor, I understand the techniques that the township's attorneys typically use to secure a conviction for driving under the influence of alcohol. Based on the recent news article, Ocean City saw the most court cases overall, but lagged behind Middle Township by nearly three dozen DWI cases.

On a percentage basis, DWI cases accounted for less than one-half percent, while in Middle Township drunk driving accounted for just over two percent of all court cases. Although Upper, Lower and Dennis townships all had less DWI cases, the percentage of drunken driving prosecutions out of all cases exceed that of Middle Township.

Addition information from the county's report included indictable criminal cases, disorderly persons and other criminal offenses. The traffic cases were broken down into DWI, moving violations and parking offenses. A total of 47,682 traffic cases were heard by county courts during all of 2009 - more than 80 percent of all cases in Cape May County.

More than 12,500 or 20 percent of all county cases were handled in Ocean City Municipal Court, due to its 1,468 criminal cases and particularly its many traffic violations 11,087. In fact, Ocean City's meter maids wrote a county-leading 7,820 parking tickets.

The judiciary also released its Superior Court statistics on January 25. Those figures showed 7,351 total cases in Cape May County courts -- 668 criminal, 3,912 civil and 2,771 family.

Ocean City's Municipal Court Sees Most Cases in County, CapeMayCountyHerald.com, January 25, 2010

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

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

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

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

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

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

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

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

New Jersey has added another weapon to its arsenal of drunk driving laws, making even first-time DWI convictions more onerous for those caught driving while intoxicated. As a New Jersey drunk driving defense attorney and motorist myself, I've seen the aftermath of accidents caused by impaired drivers. At the same time, I also understand how even a single DWI or drug DUI conviction can haunt a person for many years to come.

The latest law coming out of Trenton last week now makes it mandatory that anyone convicted of a drinking and driving offense must have their vehicle fitted with a breathalyzer ignition interlock device. Not only does the stigma of a DWI conviction cost an individual in court fines and increased insurance premiums, now there is the added embarrassment and inconvenience of starting one's vehicle. All of which makes it imperative to seek the services of a DWI defense lawyer.

According to reports, legislation has now been passed and signed into law by acting Governor Sweeney to add mandatory ignition interlocks for all drunk driving offenses in New Jersey. Known as "Ricci's Law" in honor of the Egg Harbor Township teen killed by a hit-and-run drunk driver, the bill was signed into law on Thursday, January 14.

The now-mandatory ignition interlocks incorporate a breathalyzer-type device that only allows a car to be started is the driver is sober. When attempting to start the vehicle, the driver must first blow into the device. If the interlock registers above a specific blood-alcohol content (BAC) -- usually greater than 0.02 percent to 0.04 percent -- the vehicle is rendered inoperable.

Under the measure, any person convicted of drunk driving will be required to install an ignition interlock device in any motor vehicle principally owned by the offender, though first-time offenders would have to have a BAC of at least 0.15 percent. In such cases, the court will require first-time offenders to install the interlock for a period of six months to one year.

The previous law imposed driver's license suspensions on all persons convicted of drunk driving. That penalty is still in effect.

Under the new law, the interlock device will also be mandatory in all cases and will be required to be in effect during the period of time that the license is suspended. In addition, persons who are convicted of refusing the breath test also will be required to install an ignition interlock device.

Bill Requiring Ignition Breathalyzer For DUI Convictions Now Law, NJToday.com, January 15, 2010