Recently in Hudson County DWI Defense Category

August 27, 2010

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

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

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

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

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

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


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

July 8, 2010

Newark, NJ, Motorist Charged with Intoxicated Driving following High-speed Police Pursuit and Crash

How can I make the most of a bad situation? This is would seem to be a typical question foremost in the mind of a person being pulled over for driving under the influence of alcohol. Certainly there are things a person can do to soften the blow of a DWI arrest, but running from the cops isn't one of them. As a New Jersey drunk driving defense lawyer, my aim is to help drivers who have been accused of DWI and drug DUI -- reckless driving and evading a police officer are not going to help one's case.

This type of drunken driving arrest played out in Jersey City not long ago when an apparently inebriated driver was observed operating his automobile in a dangerous manner. According to reports, law enforcement officers in an unmarked vehicle saw a gold Mazda Millenia being driven recklessly along Martin Luther King Drive. Giving chase with their emergency lights activated they pursued the suspect vehicle, which proceeded to drive through a stop sign at Bostwick and Ocean avenues without stopping.

Apparently exceeding posted speed limits, the chase continued down Ocean Avenue, as officers saw the car cross a double yellow in order to swerve around traffic stopped for a red light at Bidwell Avenue. The driver reportedly ran two additional red lights before turning off Ocean.

The chase essentially ended when the driver lost control of the car on Van Cleef Street and smashed into a Mercedes-Benz sport utility vehicle parked along the curbside. The driver, 28-year-old Brandon W. James, apparently resisted officers' attempts to take him into custody, during which they reported smelling the strong odor of alcohol on the man. A search of the vehicle, which allegedly was not registered to James, turned up a partially consumed bottle of brandy.

The driver was arrested and charged with drunk driving, eluding a law enforcement officer and resisting arrest. He was taken to Jersey City Medical Center for a blood-alcohol content (BAC) blood test, according to police reports.


Jersey City cops say high-speed chase of gold Mazda ends with crash into SUV and driver facing DWI charges, NJ.com, Saturday, May 15, 2010

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July 5, 2010

New Jersey Drunk Driving News: Driver Charged with DWI following Hoboken Pedestrian Accident

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


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June 2, 2010

Comatose Woman Dies following 2007 Fatal Drunk Driving Accident Caused by Ex-New Jersey Cop

Having worked for many years as a municipal prosecutor I gained a healthy respect for the people serving in law enforcement. Now as a New Jersey DWI defense lawyer, I defend motorists accused of driving while intoxicated, arrested by some of those very same officers. While I admire the dedication of our police and their commitment to public safety, it gives me pause when I read about patrolmen and other individuals associated with law enforcement who flaunt the very laws they are sworn to uphold.

Being accused of drunken driving is nothing to be taken lightly, especially when fines and jail time are fairly heavy and the social stigma of being convicted of driving under the influence of alcohol can very often ruin reputations and business careers. The police, like other persons of authority, have a duty to be exemplary role models to the rest of society.

A recent news article reminds all of us that police officers do not always practice what they preach, and sometimes cause great harm when ignoring the law themselves. Based on reports, forty-year-old Ruth Zelaya died on March 24 as a result of "complications from a 2007 car crash that killed her 2-year-old son and left her in a comatose state until her recent passing.

According to court reports, the three-year-old accident was caused by Kevin Freibott, a Middletown resident and Jersey City police officer. The former cop plead guilty in December 2007 to vehicular homicide, assault by auto and drunk driving. The ex-patrolman, now 40 years old, is currently serving an 11-year prison sentence and is not expected to face additional charges as a result of Zelaya's death due to the terms of his plea agreement.

The accident occurred in January 2007 on a stretch of the Pulaski Skyway in Jersey City following a Freibott's reportedly five-and-a-half-hour "drinking marathon." According to police records, the man's blood-alcohol content (BAC) was 0.242 percent -- better than three times the legal limit in New Jersey.

An FBI agent who saw Freibott's Jeep Cherokee shortly before the crash told authorities that it "blew by him like he was standing still," Hudson County Assistant Prosecutor Peter Stoma told Superior Court Judge Peter J. Vazquez.

News articles state that Freibott was fired from the Middletown police department in 2001 following a minor accident outside a tavern, however he was reinstated one year later. In 2005, he transferred over to the police department in Jersey City.

Other reports show that Freibott had a history of driving offenses dating back to 1986. According to New Jersey Motor Vehicle Commission records, the man had six traffic violations between 1988 and 2001, including two for speeding and one other for driving under the influence of alcohol.


SECOND VICTIM OF DRUNK COP DIES, RedBankGreen.com, April 27, 2010


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May 12, 2010

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

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

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

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

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

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

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

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


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


April 12, 2010

Hudson County DWI News: Bayonne, NJ, Police Arrest Two Drunk Drivers in Weekend Operations

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

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April 4, 2010

NJ DWI News: Out-of-State Driver Charged with Drunk Driving after Hitting Jersey City Cop

It's a fact that being convicted of drunken driving or drug DUI in another state can have the same effect as getting a conviction for driving under the influence of alcohol here in New Jersey. As a New Jersey DWI defense lawyer, I remind people that defending a motorist in cases of administrative suspension -- or when an out-of-state drunk driving conviction may be used for sentencing purposes -- is something an experienced DWI defense attorney is well-equipped to handle.

In the instance of an administrative suspension based on an out-of-state drinking and driving offense, New Jersey typically imposes that period of suspension which would be provided for under New Jersey law. That is to say, New Jersey's Division of Motor Vehicles would consider the type of conviction in terms of how many previous DWI offenses that particular conviction represents (e.g. a first, second, or third violation).

Recently, an out-of-state driver was arrested and charged with DWI after hitting a Jersey City police car in a late night accident. The man, 44-year-old Michael B. Kelley, was also issued a summons for refusing to submit to a breath test following his arrest.

The accident occurred on Tonnelle Avenue just after 11pm. A police car was reportedly stopped at Tonnelle and County Road at the scene of an injury accident when Kelley's pickup truck apparently side-swiped the marked police car. The office in charge said that the driver appeared to continue on showing no intention of stopping following the collision.

Police officers pulled the man over not far from the original wreck. The patrolmen reported that the suspect's eyes were bloodshot, his clothes were in a disheveled condition and he slurred his words while staggering outside of his vehicle. Furthermore, the man's Dodge pickup had obvious impact damage and a flat tire.


New York man charged with DWI after crashing into Jersey City police vehicle, NJ.com,
March 18, 2010

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December 26, 2009

New Jersey Drinking and Driving Defense Update: Underage DWI and its Consequences

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.

December 8, 2009

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

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

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

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

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

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

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


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

August 4, 2009

Police Say New Jersey Man was Drunk when He Hit Seven Pedestrians in Big Apple

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" »

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June 7, 2009

Jersey City Cop Charged with DWI After Off-duty Crash and Speeding Episode

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

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April 30, 2009

Could New Jersey DWI Laws Soon Apply to Drowsy Driving?

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

 

 

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April 23, 2009

Intoxicated Teen Arrested for Assault by Auto in Jersey City

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

 

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April 22, 2009

Bayonne, NJ, Man Arrested for DWI After Hoboken Police Chase

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

 

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