New Jersey DWI Lawyer Blog

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.

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

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

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

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

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

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

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

As a New Jersey DWI defense lawyer, my firm has defended many people accused of being drunk at the time of an accident. When injuries or fatalities are involved, the local police take a dim view of anyone with the mere appearance of intoxication, much less full blown drunkenness. A recent news story about a Hudson County resident illustrates how serious a drunk driving charge can be when coupled with injured victims. To make things worse for this New Jersey man, he was out of state when the incident occurred.

According to news stories, 43-year-old Ediberto Viana of North Bergen Township, NJ, lost control of his sport utility vehicle in Manhattan and drove onto the sidewalk bordering Bergenline Avenue and 57th Street on July 19. The vehicle hit a total of seven pedestrians, one of which was pinned under the vehicle until emergency crews could remove the injured from the scene.

Those hurt in the accident ranged in age from 13 to 65 years old. The most seriously injured person, a 44-year-old man, was taken to Jersey City Medical Center with compound fractures of the leg, officials said. The other victims reportedly included two sisters (13 and 15 years old), a 16-year-old girl, a 63-year-old man and a 65-year-old man and another victim of unknown age.

Police arriving at the scene determined that Viana was intoxicated at the time. According to reports, the man's blood alcohol content (BAC) was measured at 0.22 percent, nearly three times the legal limit (0.08) in New Jersey and other states. Because of this, Viana was charged with DWI, as well as seven counts of assault by auto. Because of the extent of the injuries caused by Viana, the court set bail at $150,000, cash only, at the request fo the prosecutor's office. Charges could be upgraded depending on how the critically-injured victim fares in the hospital.

Continue reading "Police Say New Jersey Man was Drunk when He Hit Seven Pedestrians in Big Apple" »

The recent DWI case involving a New Jersey police officer arrested for driving drunk at break-neck speeds in a 25-mph zone is difficult to imagine, but it did happen. The intoxicated cop, Jersey City Police Officer Kevin Cieslak, has only been on the force for two years. Regardless of the circumstances, his actions are totally unacceptable.

Officer Cieslak was arrested in Belmar on Memorial Day by the New Jersey State Police around 2 a.m., according to reports. An officer from the East District, Cieslak allegedly collided with a bread truck, after which he reportedly left the scene. He was subsequently observed driving 89 miles per hour in a 25-mph zone before being pulled over by State Police. According to police, he was issued summonses for DWI after refusing a Breathalyzer test, as well as for reckless driving, leaving and accident scene, failing to report an accident, running a red light and driving in the opposing lane.

We should all be proud, and rightly so, of the hard work that our law enforcement officers do for society, but when they step over the line and break the same laws they are entrusted to enforce there should be no leniency. These are the same individuals that make judgments on whether to stop other citizens for driving while intoxicated. They, of all people, need to set an example for the rest of the us -- there is no middle ground here.

According to news reports, Cieslak's brother, a former Jersey City Police Officer, was fired in October 2007 after pleading guilty to official misconduct for playing cards with friends who were smoking pot and not reporting the unlawful activity, officials said. The card game was at the home of a drug dealer who was on probation, officials said, adding that police found marijuana and a gun in the apartment.

As a New Jersey DWI Defense Attorney, my firm provides an aggressive defense for clients accused of drunk driving offenses. Regardless of the charges, you deserve to be represented by a skilled legal professional who knows the law and understands the workings of our legal system. As a former prosecutor myself, I have these qualifications.

All of our lawyers at The Law Offices of John F. Marshal have gone through extensive training on the operation of the Alcotest breath testing device. Every one of our attorneys also knows the procedures included in the standardized field sobriety tests established by the Nation Highway Safety Administration. This puts our firm head and shoulders above most New Jersey law firms, the majority of which cannot make such a claim for their attorneys.

2 Cops Busted, NJ.com, May 26, 2009

It sure doesn't sound like drunk driving, but I bet this has happened to you or someone you know. You're driving home a bit tired after working a double shift in Jersey City, or trying to squeeze in that last 50 miles returning from a very full weekend in Atlantic City. Just trying to stay awake long enough to get home, park the car and climb into bed. That's not the same as driving while intoxicated, or is it?

Whether it's a paperwork backlog at work, working the graveyard shift at a second job, or spending a sleepless night tending to a sick child, the result is the same. Operating a vehicle when you've had little or no sleep can be a recipe for disaster. Nodding off on the Garden State Parkway can have a deadly outcome.

And the consequences can be serious, especially here in New Jersey. We live in the only state in the Union that makes drowsy driving a crime when it's found to be the cause of a fatal crash -- classified as recklessness under the state's vehicular homicide statute. And it's not unreasonable that drowsy driving could one day become as serious an offense as DWI.

It may be a long ways off, but legislators and sleep experts across the country are starting to look at drowsy driving as nearly equivalent to drunk driving. Like New Jersey, other states are trying to add drowsy driving laws to their books, spurred by the large number of traffic fatalities caused by drowsy drivers every year.

Drowsy driving is one of the most vexing problems involving traffic safety. According to the National Highway Traffic Safety Administration (NHTSA), it is a factor in more than 100,000 crashes, resulting in 1,550 deaths and 40,000 injuries annually around the country - and that may even be a conservative estimate. Many experts say the nation's progress against drowsy driving is about where the campaign against drunken driving was 30 years ago.

As skilled New Jersey DWI Attorneys, my office has dealt with hundreds of drunk driving and related cases. If you or a family member have been arrested due to an injury accident involving alcohol, prescription drug DUI or drowsy driving, we highly recommend that you contact a qualified defense lawyer like the ones at The Law Offices of John F. Marshall.

Wake-up call: Drowsy drivers are serious threat, MyCentralJersey.com, April 14, 2009

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

Downtown Hoboken, New Jersey, was the scene of a DWI arrest this past Sunday following what could have easily been a deadly car chase between police and an allegedly intoxicated 23-year-old Bayonne man. Police reported that the suspect refused to pull over and then led them on a chase, which almost resulted in the fleeing driver hitting another vehicle.

By the time it was all over, police had charged Michael M. Leahey with resisting arrest, as well as eluding an officer. He also received summonses for several other offenses, including failure to obey a traffic signal, operating a vehicle the wrong way on a one-way street, driving while intoxicated and refusal to submit to a Breathalyzer test.

The incident began in the early morning hours, after police observed a vehicle headed the wrong way on Hudson Street -- a one-way street. Police gave chase with lights and sirens on, but the man reportedly refused to pull his Buick over, instead turning onto First Street so fast that his vehicle briefly fishtailed before the driver regained control.

Despite having the police in full pursuit, Leahey continued to avoid being stopped, and at one point completely ignored a red traffic signal, going through the intersection at First and River streets at a high rate of speed and nearly hitting another car in the process.

Police managed to stop the driver as he traveled northbound on Sinatra Drive near Second Street. At that point, they took the man into custody and delivered him to police headquarters. Once there, he failed three sobriety tests and refused a Breathalyzer test, according to police.

Many drunk driving arrests can be defended successfully. However, the circumstances surrounding a DWI offense can greatly influence the court's final decision. Putting the police or the public in danger, as in this instance, can make for a much more difficult defense. Especially in situations like this, you need a skilled legal professional on your side -- like the capable attorneys at The Law Offices of John F. Marshall.

DWI arrest after downtown Hoboken chase, NJ.com, April 22, 2009