New Jersey DWI Lawyer Blog

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

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

Now that we're several days into the New Year, I'll say it once again: New Jersey law enforcement agencies and local police continue cracking down on drunken driving around our state. New Year's Eve may be one of the more common times to find motorists drinking and driving, but every day has the potential for many drivers to be caught driving under the influence of alcohol.

As a New Jersey DWI defense attorney, I and my staff spend our days defending people accused of driving while intoxicated or driving under the influence of prescription drugs. Whether deliberate or not, the police and society have virtually no tolerance for this kind of traffic offense. A recent news article highlighted just a few of the countless DWI arrests that occurred throughout New Jersey this past New Years.

Based on preliminary police reports, there were at least 10 drunken driving arrests on the roadways in Bergen and Passaic counties as the clock struck midnight and people from all over rang in 2010. And while it appears that DWI-related fatal accidents were down this year, there were numerous drunk driving arrests throughout the evening and early morning hours of January 1.

According to new reports, Passaic County was free of DWI arrests on Thursday and Friday. According to the Passaic County Sheriff's Office, weather was likely a large contributor to the significant reduction in arrests. However, on non-county roads in Passaic County, and across Bergen and Morris counties, 10 people were arrested on driving while intoxicated charges.

At the time of the report, New Jersey State Police did not have a final tally of the total number of DWI arrests on State Police-patrolled highways during the holiday weekend, but it appeared that no fatal accidents occurred between New Year's Eve and into Friday morning on those roads.

Local police in Teaneck , Passaic and Fairview also reported three DWI incidents each between 11 p.m. Thursday and 7 a.m. Friday. In Fairview , police arrested a man after a traffic stop at 91st Street and Kennedy Boulevard , just over the North Bergen border, about 5:10 a.m. Friday, police said.

Clifton police arrested an alleged drunk driver on the Garden State Parkway who sent two people to the hospital with non-life-threatening injuries Thursday morning. Sarah Wallace, 22, of Lodi , was driving an Infinity G37 in the northbound right lane near Route 3 when she tried to crossover to the left lane, allegedly hitting a Nissan Murano in the center lane just after midnight, according to police. The Murano overturned twice and landed upright on the right shoulder.

Police report 10 New Year's drunk driving arrests on North Jersey roads, NorthJersey.com, January 1, 2010

In New Jersey the law covering underage drinking and driving leaves little to the imagination. An individual must be 21 years of age or older to buy, be in possession or consume any type of alcohol-containing drink or beverage. In short: underage drinking is unequivocally defined as illegal. Because the state has such a strong stance against underage drinking, the legal consequences for this activity are severe under New Jersey law, especially when it comes to operating a motor vehicle while under the influence of alcohol.

Whether or not a youth is stopped for DWI, simply being convicted of drinking as a minor could affect that child's future driving privileges. As a New Jersey drunk driving defense lawyer, I know the negative impact that DWI and underage DWI can have on an individual now and in the future. For kids, this is not an area of the law they would want to experience. As a parent, it would behoove you to talk to your child about the consequences of underage drinking and underage DWI.

In this state, if a person under 21 years old is arrested for purchasing or consuming an alcoholic drink in an establishment licensed to sell alcohol, he or she could be fined $500, as well as lose their driver's license for up to six months. Parents take note here, because even if your child does not yet have a driver's license that potential suspension will start when the youngster is first eligible to receive his or her license. Furthermore, a young person who violates underage drinking laws may also be required by the court to attend an alcohol treatment or education program.

Anyone under 21 caught with even the slightest amount of alcohol in their system -- that is, a blood-alcohol content of 0.01 or more -- will be subject to: 1) the loss or postponement of driving privileges for 30 to 90 days; 2) fifteen to 30 days of community service; and 3) Successful completion of the program requirements of an Intoxicated Driver Resource Center or an alcohol education and highway safety program.

The Law Offices of John F. Marshall has a great deal of experience defending youngsters charged with underage DWI. I personally have been defending clients in New Jersey Municipal Courts for 15 years. Having worked as a municipal prosecutor earlier in my career, I know first-hand how the prosecution tends to approach such cases.

For those individuals who feel that a drunk driving conviction is a minor event, I have news for you. Whatever you call it -- drunken driving, driving under the influence, DWI or driving while intoxicated -- here in New Jersey there is a wide range of potential outcomes for someone convicted of drunk driving. Almost too many to list right here.

As a New Jersey drunk driving defense attorney, I and my group of legal professionals have represented literally hundreds of clients arrested for DWI over the years. You should know that even under the best circumstances, the personal price of a DWI conviction can be quite devastating. Living with the stigma of a drunk driving conviction on your record can affect a person's standing in his or her neighborhood, company or professional organization. And there always exists the possibility of job loss, as well as the potential damage that such a conviction can have on familial relationships and those with friends.

Financially, drunk driving is potentially costly, as well. Penalties and fines for second and subsequent drunk driving convictions are certainly large, but even first-time offenders can feel the monetary pain of a conviction. Here are just a few of the typical monetary costs that you could expect to pay for a range of DWI offenses, according to the State of New Jersey (Please remember that jail time/community service could also be included, but is not included here).

First DWI Offense
Expect to pay a $250-$400 fine if your blood-alcohol content (BAC) is 0.08 percent or higher, yet less than 0.10 percent (this increases to $300-$500 fine for a BAC of 0.10 percent or higher); You'll also end up paying an automobile insurance surcharge of $1,000 per year, which will continue for three years.

Second DWI Offense
The court will typically levy a $500-$1,000 fine. Plus, expect to fork over that $1,000 annual automobile insurance surcharge for three years.

3rd DWI Offense
Third-time conviction will usually net you a $1,000 fine. And the automobile insurance surcharge rises to $1,500 per year for three years.

Having an Open Alcoholic Container in the Passenger Compartment
$200 fine (first offense); $250 fine (second offense).

Refusal to Submit to a Breath Test
$300-$500 (first offense); $500-$1,000 (second offense); $1,000 fine (third offense);
Automobile insurance surcharge of $1,000 per year for three years (first and second offenses); $1,500 insurance surcharge (third offense).

Driving on a Suspended License Due to DWI
$500 fine

All DWI Offenses
There are surcharges in addition to the normal fines. These surcharges range from $50 to $100 dollars depending on where the funds go, such as the drunk driving enforcement fund, Motor Vehicle Commission restoration, Intoxicated Driving Program, Violent Crimes Compensation Fund, Safe and Secure Community Program, plus state and municipal fees.

Having represented hundreds of NJ residents arrested for driving under the influence of alcohol or drugs, I know what drivers accused of DWI are up against. As an experienced New Jersey drunk driving defense lawyer and former municipal prosecutor, I also have the background to understand how to successfully defend many driving while intoxicated cases. What I can't change is the public's opinion of convicted drunk driving offenders.

That became quite evident the other day when I noticed the results of a survey recently conducted by the American Automobile Association's Mid-Atlantic region. More than 60 percent of the respondents to the AAA Mid-Atlantic Web poll voted in favor of installing a mandatory breathalyzer ignition interlock on the vehicle of any convicted DWI offender.

This type of interlock device requires the driver to blow into a device not unlike the Alcotest breath testing machine used by the New Jersey State Police as well as other law enforcement agencies across the Garden State. If the device detects that the driver's blood-alcohol content (BAC) is above 0.05 percent the vehicle cannot be started.

But the surprising part of the poll was that the question asked if even first-time offenders should be required to use the in-car breathalyzer. Yes, was the answer given most often by 390 participants in the July AAA poll. Here are the results:

• 238 (61 percent) voted yes
• 59 (15 percent) voted no
• 93 (24 percent) voted only for second and subsequent offenses

Although many states have instituted mandatory ignition interlocks for people convicted of repeat DWI offenses, New Jersey still leaves this up to the sole discretion of the presiding judge, even for convicted first-time offenders. Current New Jersey law allows a judge in a DWI case to impose the following sentences on those convicted of drunk driving:

-- First DUI offense: Installation of interlock device for six months to one year
-- Second DUI offense: Installation of interlock device for one to three years, or a two year suspension of registration privileges
-- Third DUI offense: Installation of interlock device for one to three years as a condition of restoring your driving privileges, or a 10 year suspension of registration privileges

Because these sentences are left up to the court, it is all the more important to retain the services of a qualified and experienced New Jersey DWI attorney. I always remind people that the penalties of a drunk driving conviction not only can be severe, but a conviction can adversely affect an individual's future.

Poll: No second chances for first-time DUI offenders, NewJerseyNewsroom.com, 30 July 2009

As a former prosecuting attorney having handled DWI cases for a number of New Jersey municipalities in the past, I am well aware of the professional pressures associated with working in a prosecutor's office. Furthermore, as a current New Jersey drunk driving defense lawyer, I can sympathize with many of my clients who have been accused of driving while intoxicated.

One thing I do not have much patience for, however, is a lack of discipline on the part of certain government officials and law enforcement personnel when it comes to their own personal conduct regarding drinking and driving. I'm speaking here of the danger of losing the public's respect for those in law enforcement and in the judiciary due to the apparent hypocrisy exhibited by a small percentage of individuals in positions of authority.

Past news reports have covered members of the police and the judiciary accused and conivted of driving under the influence of alcohol. Recently, another individual, this time from the prosecutorial side of the justice system, has been arrested for DWI. A Warren County assistant prosecutor was charged with drunken driving, after he allegedly ran over a fire hose without being authorized to do so.

Kevin Brotzman, a 29-year-old newcomer to the prosecutor's office, was picked up on June 14 by police after potentially interfering with city firefighters who were trying to extinguish a burning vehicle near his home. Based on news reports, the incident occurred in the early morning hours, when the man steered a 2004 Saturn around a tow truck and drove over an active fire hose. Officers gave Brotzman three field sobriety tests, all of which he failed, according to police.

It should be noted that although Brotzman is relatively new to the Warren County prosecutor's office, he is by no means inexperienced -- he has already handled some high-profile cases, including the conviction of Keri Ann Brekne, a former Lopatcong Township schoolteacher who molested one of her students. In this case, he should have known better than to take the wheel after consuming alcohol.

Court records show that the Brotzman's preliminary blood alcohol content (BAC) was 0.09 percent. Although individuals with readings of 0.08 and above can be charged with drunken driving, as a seasoned DWI defense attorney, I know that there are many factors involved in being legally drunk. In many cases, a person in Brotzman's situation could possibly be acquitted of those charges, which would certainly be awkward for an individual who more than likely prosecutes drunk driving defendants as part of his job.

Continue reading "Warren County, NJ, Assistant Prosecutor Arrested for Drunk Driving" »

Future convictions for driving under the influence of alcohol could result in the offender's vehicle being fitted with a type of breathalyzer-ignition interlock device if drunk driving legislation in Trenton continues to move foward. The specter of ignition interlocks for nearly all DWI offenses has been raised this time with the help of three New Jersey assemblymen, Gordon Johnson, Nelson Albano and Patrick Diegnan.

Under the proposed legislation (A-3073), any person convicted of a second, third or subsequent DWI offense would be required to have an ignition interlock device installed on all vehicles they either lease or own, or any vehicle that the person would operate for work, or other purposes, during their driver's license suspension period.

Even first offenders would be affected. If a person convicted of a first-time DWI had a blood alcohol content (BAC) of 0.15 percent or higher, the law would require the offender to have the device installed on his or her vehicle. In addition, the current legislation calls for the device to remain installed for six to 12 months following restoration of the individual's driver's license. The courts would retain discretion as provided under current law to require installation of the device for all other first offenders.

The measure going through the state legislature is known as "Ricci's Law," in honor of a young Egg Harbor Township teen who died from injuries sustained when a hit-and-run drunk driver struck a group of friends riding their bicycles. When caught, the driver's BAC was recorded at 0.339 percent -- more than four times the state's legal limit of 0.08 percent.

Ignition interlocks are devices similar to a breathalyzer that can be installed on the steering column and wired into the ignition of a motor vehicle. To start the vehicle, the driver must first blow into the device. If the interlock registers above a specified BAC -- typically 0.02 percent or 0.04 percent -- the vehicle will be rendered inoperable.

For repair and safety purposes, the device allows an individual other than the driver to start the vehicle, however only if the owner does not operate the vehicle himself. Under current law doing so is a disorderly persons offense and carries fines of up to $1,000.

As a New Jersey DWI defense lawyer, I have successfully represented many clients facing drunk driving charges. If you or someone you know has been accused of DWI or breath test refusal, the attorneys at the Law Offices of John F. Marshal are available 24/7 to protect your rights. Contact us for a free initial consultation at 877-450-8301.

ALBANO/DIEGNAN/JOHNSON BILL REQUIRING IGNITION BREATHALYZER FOR ALL DUI CONVICTIONS ADVANCES, PolitickerNJ.com, June 8, 2009

Drunk driving, driving under the influence, or DWI. In New Jersey, and anywhere else for that matter, these simple words represent a range of possible scenarios too numerous to list here. As a New Jersey DWI Attorney, my office has represented hundreds of drunk driving cases -- many of which involved terrible human and societal costs. Even in the best of situations, the personal price can prove truly devastating, with the stigma of a drunk driving conviction affecting the person's standing in the community, possible loss of a job, or potential damage to relationships with family and friends.

Financially, a drunk driving conviction can be costly, too. Fines and penalties for second and subsequent DWIs 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 (Keep in mind that jail time or community service may also be attached, but is not included here).

First DWI Offense
$250-$400 fine if blood-alcohol content (BAC) is 0.08 percent or higher but less than 0.10 percent ($300-$500 fine if BAC is 0.10 percent or higher); automobile insurance surcharge of $1,000 per year for three years

Second DWI Offense
$500-$1,000 fine, automobile insurance surcharge of $1,000 per year for three years

3rd DWI Offense
$1,000 fine; automobile insurance surcharge of $1,500 per year for three years

Having an Open Alcoholic Container in the Passenger Compartment
$200 fine (first offense); $250 fine (second offense)

Refusal to Submit to a Breath Test
$300-$500 (first offense); $500-$1,000 (second offense); $1,000 fine (third offense);
Automobile insurance surcharge of $1,000 per year for three years (first and second offenses); $1,500 insurance surcharge (third offense)

Driving on a Suspended License Due to DWI
$500 fine

All DWI Offenses
$100 surcharge going to a drunk driving enforcement fund; Motor Vehicle Commission restoration fee of $100; Intoxicated Driving Program fee of $100; Violent Crimes Compensation Fund fee of $50; Safe and Secure Community Program fee of $75; and a $100 surcharge ($50 for the state and $50 for the municipality which obtained the conviction)

 

New Jersey law regarding underage drinking and driving is quite specific. Because you must 21 years or older to buy, possess or drink any alcoholic beverage, underage drinking is by definition illegal. And the consequences for underage drinking are severe under New Jersey law, especially as it pertains to operating a vehicle while intoxicated. But whether or not you are stopped for DWI, an underage drinking offense could affect your driving privileges now or in the future.

For example, if a person under 21 years old is arrested for purchasing or consuming an alcoholic drink in an establishment licensed to sell alcohol, he or she could be fined $500, as well as lose their driver's license for up to six months. Parents take note, even if your child does not yet have a driver's license, that potential suspension will start when the youngster is first eligible to receive his or her license. Furthermore, a young person who violates underage drinking laws may also be required by the court to attend an alcohol treatment or education program.

Anyone under 21 caught with even the slightest amount of alcohol in their system -- that is, a blood-alcohol content of 0.01 or more -- will be subject to the following penalties under New Jersey law:

• Loss or postponement of driving privileges for 30 to 90 days
• 15 to 30 days of community service
• Successful completion of the program requirements of an Intoxicated Driver Resource Center or an alcohol education and highway safety program

We at The Law Offices of John F. Marshall have a great deal of experience in defending persons charged with underage DWI offenses. I personally have been defending clients in New Jersey Municipal Courts for 15 years. And having served as a prosecutor earlier in my career, working in several Monmouth County municipalities, I know first-hand how the prosecution approaches such cases.

Conviction for a drinking and driving offense can have a serious impact on a young person just embarking on adulthood. If you or your child have been charged with underage DWI, DUI or Refusal, our attorneys can assist you 24/7.

 

 

 

 

The New Jersey DWI defense bar has been speculating for some time as to what impact digital data would have on cases. I have spoken to numerous attorneys who hold themselves out as DWI experts and have gotten mixed reports as to the anticipated benefit of digital data. I can tell you that I learned first hand this week just how powerful a vehicle this information can be to NJ DWI Defense Attorneys.

We were retained to represent a young man who allegedly provided alcotest readings well above the 0.10 limit for a second-tier DWI. He was a first offender and was looking at seven months to one year of suspension based on the readings. We fought hard to obtain the digital data. The data was provided to our expert and, sure enough, it demonstrated that the alcotest was operating improperly. Specifically, the device was failing to purge for the required two minutes thereby violating the dictates of Chun.

Based on our effort, we were able to get the state to agree to a first-tier DWI and three months suspension. This outcome saved our client at least four months of suspension. He was ecstatic.

A 19-year-old Bayonne man, already up on charges for driving while intoxicated, has now been slapped with two counts of aggravated assault as a result of an accident last Saturday that left two young girls in critical condition, one of them paralyzed perhaps for life. The teen was arraigned Tuesday on DWI and assault charges in Jersey City.

This type of drunk driving tragedy is charged with emotion and considerable sadness, not only for the victims and their families, but also for the relatives of the young suspect. Although it appears that this is the teen's first DWI arrest, the addition of aggravated assault charges makes it all the more important for him to have a qualified legal professional on his side. The attorneys at The Law Offices of John F. Marshall have experience defending cases just like this one.

The events leading up to Tuesday's court appearance transpired, according to police, in the early morning hours of April 18. Witnesses stated that a 1996 Honda Passport allegedly driven by Michael Garbacki drove straight into a group of people including two young women. The Honda not only injured the girls, but also crashed into two other cars in a parking area beside Port Jersey Boulevard just before 2 a.m.

When police arrived, one woman, 19-year-old Jillian Elias from the Bayonne area, was lying unconscious; another girl, Yajaira Montes, 21, also from Bayonne, was found seated on the back of a parked car, conscious but with head and leg injuries, police said.

Both were taken to the Jersey City Medical Center where they remain in the intensive care ward. Elias is reportedly paralyzed, while Montes, who suffered a broken neck, is expected to recover, but will likely be hospitalized for at least one week.

According to reports, the Honda that Garbacki was driving belonged to the father of the passenger riding with him, an 18-year-old who the suspect said only had a provisional license and therefore was not allowed to drive after 12 a.m. Police arrested the intoxicated teen at the scene and took him into custody.

Following the arrest, Garbacki was released on $25,000 bail. However, upon his appearance in Central Judicial Processing Court early Tuesday, Judge Richard Nieto told the teen that aggravated assault charges were also being filed against him. Sheriff's deputies took him away in handcuffs as his family watched.

Returning to court later on Tuesday, Garbacki was advised that his bail for the latest charges was being set at $100,000 cash or bond.

 

Grim 'DWI' arraignment for teen, NJ.com, April 21, 2009

Grim 'DWI' arraignment for Bayonne teen, NJ.com, April 21, 2009