New Jersey DWI Lawyer Blog

According to news reports, the repair records for the Hoboken police department's breathalyzer device came under scrutiny following revelations revealed during the drunken driving case against the former mayor of Union City. Based on news reports, former Union City mayor, Raul Garcia, had been arrested on charges of drunken driving following a car crash back in September when a breath-testing device showed a blood-alcohol content (BAC) of 0.16 percent.

Understanding that the defined legal limit for intoxicated driving is a BAC of 0.08 percent, having twice that concentration of alcohol in one's bloodstream is hard to ignore. As New Jersey drunken driving defense lawyers, my firm has handled cases very similar to this one, certainly in terms of a motorist having a single-vehicle accident and then being accused by police of being under the influence of alcohol, prescription drugs (drug DUI), or an illegal substance, such as marijuana or cocaine.

The facts are very important in these kinds of cases; especially the test results from a breathalyzer device, such as the Alcotest machine. Just as important to one's defense is the manner in which the police maintain that equipment. In certain circumstances, poor maintenance or faulty design can drastically affect the outcome of a DWI case, not the least of which is challenging the veracity of the data produced by these machines.

Continue reading "NJ Drunken Driving News: Former Union City, New Jersey, Mayor Pleads Guilty to DWI" »

Regardless of location, be it Ocean, Bergen, Middlesex County or any of the dozens of cities and towns that make up the Garden State, drunken driving arrests occur randomly yet with extreme frequency. In fact, it's rare to pick up a news paper or go online and not read of a police arrest arising from a motorist who allegedly was driving while intoxicated.

As New Jersey DWI defense attorneys, I and my colleagues routinely meet individuals accused of driving under the influence of alcohol, doctor-prescribed medications (drug DUI), and even illicit drugs and illegal substances, such as cocaine, marijuana and methamphetamine. In all these cases, the circumstances are going to be slightly different, although the outcome of any one drunk driving or impaired driving case can mean stiff fines and monetary penalties, loss or suspension of driver's license, and occasionally jail time.

Just as in many counties across the state, Hudson County has its own problems with drivers who either choose to drive while intoxicated or may not have understood how drunk they may have been at the time of their arrest. The following news items illustrate the ways in which drivers can find themselves in trouble with the law.

Jersey City Police Arrest Man for DWI after High-speed Chase
A man from East Orange was arrested by police following a high-speed car chase in Jersey City. According to police reports, a Pontiac Grand Am was seen hitting another vehicle in the northbound lanes of Kennedy Blvd, then blowing though a red stop signal before turning east on Danforth Ave. Police gave chase, but the suspect apparently did not pull over; rather the driver reportedly ignored another red light and then drove away on Old Bergen Rd with its lights allegedly turned off.

Continue reading "New Jersey Drunken Driving News: Police Report Numerous DWI/DUI Accidents in Hudson County, NJ" »

For those who have been arrested or charged with driving under the influence of either prescription drugs or other, possibly illegal substances (also known as drug DUI), you may wonder if the police and the prosecutor's office have the necessary evidence to secure a guilty verdict in court. Depending on the circumstances, one should always consider consulting a qualified DWI defense attorney; one with experience in representing motorists charged with drunken driving and drug DUI.

As New Jersey drunk driving defense lawyers, I and my colleagues are trained to work with the facts and understand the State's evidence against and individual. Whether one lives or works in Bergen, Monmouth, Ocean or Atlantic County, the law is clear when it comes to charges related to DUIs tied to prescription medication and even illicit drugs like marijuana and cocaine.

Defending a person accused of drug DUI has certain differences from an alcohol-related DWI case. Here in the Garden State, a charge of drug DUI can be levied against a New Jersey motorist who may be suspected of driving while impaired due to a possible controlled dangerous substance (CDS) or doctor-prescribed medication. These include any narcotic, hallucinogenic or habit-forming drug.

Continue reading "New Jersey DWI News: Hudson County Police Arrest Driver on DUI, Illegal Drug Possession Charges" »

While the warm weather months are definitely behind us, New Jersey State Police and local law enforcement agencies note that parties and friendly get-togethers during the holidays also bring out the drinker in many drivers. As nearly anyone who drives in the Garden State understands, drunken driving enforcement never really lets up, especially during the peak holiday season.

As DWI defense lawyers serving residents of Bergen, Middlesex, Atlantic and other counties across the state, we are well versed in the tactics and strategies used by state and municipal police officers to secure the arrest of suspected drunk drivers. In fact, anyone who knowingly operates a motor vehicle while under the influence of alcohol or, for that matter, prescription medication, should realize that the odds of being arrested for DWI or drug DUI can be quite high.

If a police officer witnesses a traffic violation, he or she will usually make a routine traffic stop based on that initial offense, minor as it may seem to the average driver. Once stopped, a motorist will be closely observed for signs of impairment, usually due to consumption of beer, wine or hard liquor. If the patrolman has a reasonable suspicion that the driver of a car, truck or motorcycle is inebriated an arrest is more or less forthcoming.

Continue reading "Monmouth County DWI Update: Thanksgiving Holiday Sees Rise in Drunken Driving Arrests for New Jersey Motorists" »

Unless one saw it in the paper or caught it online, we now know the top four places in the state that get the most funding for anti-drunken driving enforcement here in the Garden State. As New Jersey DWI defense attorneys, my firm is well aware of the lengths that the state and local towns and municipalities will go to arrest more and more drunken drivers, or at least charge motorists with allegedly driving while under the influence of alcohol or prescription medication (drug DUI).

We'll add here that one doesn't actually need to be legally drunk to be pulled over by an officer; in fact, the police can not stop a vehicle merely on a hunch that the driver is operating a motor vehicle while intoxicated. What needs to happen is the officer only needs to observe that a traffic law has been broken -- this can include something as serious as a multi-vehicle accident, or as minor as a burned-out headlight or improper turn-signal usage.

Whatever the reason for the initial traffic stop, a drunken driving arrest may be right around the corner is the officer then detects evidence of driving while under the influence. This also goes for motorists who may have illegal drugs, such as marijuana or cocaine, both known as a controlled dangerous substance (CDS). Just possessing weed or cannabis in a motor vehicle can precipitate an arrest following a routine traffic stop.

Continue reading "New Jersey Drunken Driving Update: Top Places in the Garden State to Get a DWI" »

For many New Jersey residents, rather than enjoy this past Labor Day weekend they likely spent most of their time cleaning up from the effects of tropical storm Irene. Still, in areas less affected, surely some Garden State drivers saw some increased drunken driving enforcement activities by state and local police. As part of the national "Over the Limit, Under Arrest" campaign, it's a fair bet that dozens of motorists had encounters with law enforcement officers during what has become an annual anti-DWI effort.

Of course, it's hardly a good idea to operate a motor vehicle while under the influence of beer, wine or hard liquor, as well as illicit drugs such as marijuana and cocaine. But during the last two weeks, drivers who did take their chances by drinking and driving may have met with a DWI or drug DUI arrest or summons to appear in court.

This effort took place in nearly every county across New Jersey, including Bergen, Hudson, Union, Monmouth and Ocean, just to name a few. As a drunken driving defense lawyer and former municipal prosecutor myself, I understand how some individuals can be pickup up for driving while intoxicated, though perhaps be unaware that they were legally impaired at the time of their arrest.

Whether stopped by a rolling DWI patrol for an apparent minor traffic offense, or being waved into a sobriety checkpoint (also known as a DWI roadblock) for observation by a police officer looking for drunken drivers, the resulting charges of drunken driving or impairment due to prescription medication or an illegal drug (also known as a controlled dangerous substance or CDS) can be costly in terms of fines and penalties, as well as the impact on an individual's personal and business relationships or standing in the community.

Continue reading "New Jersey DWI Update: Garden State Counties Join in NJ Law Enforcement Drunk Driving Crackdown" »

In the wake of controversy revolving around State Police Trooper Sheila McKaig's alleged drinking and driving incidents over the years, the New Jersey State Police have implemented new standards aimed at curbing potential abuses of power that some have said police officers occasionally commit when they are stopped for offenses such as DWI.

In McKaig's case, numerous news reports indicate that she was never ticketed even though the officer was stopped multiple times for driving while intoxicated over the course of three months back in 2008. In this particular situation, the judge in the case did not recommend firing the trooper outright on the grounds that that McKaig did seek counseling and has been considered a model for other police officers.

Back to the NJ State Police and its newly instituted policies for officers caught driving under the influence, according to reports, the agency has reportedly launched a review of the use by troopers of so-called "undercover identification cards." Along with this, orders from up the chain of command within the State Police reportedly increase the accountability on the part of higher-ranked officers and requires more careful review of traffic stops (including car accidents) that may have been related to alcohol consumption.

As a New Jersey drunken driving defense lawyer, I and my staff, understand that the police have a tough job of maintaining the peace and bringing alleged perpetrators to justice. However, when the rules cease to apply to the vary people entrusted with the public's safety this is when our tolerance as individuals and a society begins to be tested.

According to news reports, policy changes at the State Police will place responsibility squarely on the shoulders of regional commanders when a trooper is suspected of operating a motor vehicle under the influence of alcohol. In fact, based on information provided by local news sources, higher-ranking officers may even be required to respond themselves to the scene of a possibly alcohol-related traffic incident involving another law enforcement officer.

Continue reading "New Jersey Drunk Driving News: State Police Institute Tighter Standards Regarding Troopers Arrested for DWI" »

Whether you live or work in Ocean, Sussex, Bergen or Union County, it's likely that nobody expects to be pulled over by police and arrested on charges of driving under the influence of alcohol. Here in Monmouth County, as in the rest of the Garden State, I and my staff of experienced DWI defense attorneys fully understand the anxiety and trepidation that follows a drunken driving or drug DUI police stop.

For first-time drunk driving arrestees, and even those picked up for driving under the influence of prescription medication or illicit drugs such as marijuana, the experience can be a shock. But more than that, not taking action and leaving one's fate in the hands of the court is something that no one should allow to happen, if they can help it.

Of course, second and third-time offenders have a different set of circumstances to deal with, but in general, we always recommend that motorists consult with a qualified DWI lawyer. The reason is simple: being cited for impaired driving -- whether allegedly due consumption of beer, wine or hard liquor; prescription pain medication or a controlled dangerous substance (CDS) -- is nothing to be taken lightly.

Careers, marriages, and reputations have been ruined by drunken driving and DUI convictions. Of course, being arrested for driving while intoxicated can happen night or day. It usually, but not always, happens with a seemingly routine police stop for a supposedly minor traffic infraction -- something as insignificant as a faulty taillamp. Other times it can come at the location of a drunk driving roadblock (also known as a sobriety checkpoint).

Regardless of the circumstances, once charged with a DWI one should as a matter of course contact a DWI-DUI defense attorney. My office has handled enough DWI cases and spoken with so many people charged with DWI or DUI that we know it's not a wise idea to represent yourself in front of the court. Not only can the process of fighting a DWI arrest be confusing to the first-time defendant, there is no way that a layperson can come fully prepared to face the court - at least, not like one can with a qualified DWI defense lawyer at one's side.

Continue reading "Monmouth County DWI Defense: Things to Consider Following a Drunk Driving Arrest in New Jersey" »

In-state and out-of-state drunken drivers take note, the State of New Jersey will have an increased police presence on public roads throughout the Garden State as the holidays approach. According to news articles, local and state law enforcement departments in Bergen, Passaic and Ocean County, as well as the rest of the state, will be on the lookout for drivers operating their vehicles while intoxicated.

As New Jersey drunk driving defense attorneys, I and my legal staff represent individuals accused of DWI, prescription drug DUI and breath test refusal on a daily basis. We even council drivers charged with cocaine, marijuana and other controlled dangerous substance (CDS) possession. This latest enforcement program, aptly named "Over the Limit, Under Arrest," will bring additional officers to bear on the motoring public during the upcoming holidays.

Aiming to reduce the amount of drunk drivers on the road, the campaign calls for saturation patrols and sobriety checkpoints (also known as DWI roadblocks) from December 13 through January 2, 2011, according to officials at New Jersey's Division of Highway Traffic Safety. The program reportedly will provide federal grant money of up to $5,000 to each of 115 police departments.

The goal is simple. According to news article, it is hoped that the campaign will ensure that drivers and passengers alike have a safe holiday by catching and arresting intoxicated motorists. These so-called concentrated efforts are designed to heighten awareness about the dangers of DWIs and DUIs, the consequences of which can have huge penalties for those convicted of driving under the influence of alcohol, prescription medication or illegal drugs.

Police departments all around New Jersey are the first to say that the frequency of drunk driving increases as the Christmas and New Year holidays approach, which usually coincides with the increased incidence of DWI-related traffic accidents. As a result of the enhanced patrols, New Jersey motorists can expect to see more drunken driving arrests now until the New Year.

New Jersey plans holiday crackdown on drunken driving, www.Philly.com, December 11, 2010

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

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

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

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

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

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