As a New Jersey DWI defense lawyer, I have represented a range of persons accused of driving while intoxicated. In a court, everyone should be treated equally in the eyes of the law. Recently, news reports covered the drunken driving arrest of former New Jersey Nets basketball player who allegedly crashed his vehicle into a tree in the Manhattan area in early January.

According to news articles at the time, retired NBA player, Jayson Williams suffered cuts to his face and a small fracture to a bone in his neck after allegedly running his Mercedes sport utility vehicle into a tree just after 3am. He was subsequently transported to Bellevue Hospital for treatment of his injuries.

Based on police reports, Williams refused to submit to a breathalyzer test, however law enforcement officials obtained a warrant to test his blood while he was hospitalized, which led to his being charged with DWI.

Not long ago, Williams pled guilty to aggravated assault in connection with the 2002 death of a limousine driver, during which the former New Jersey Nets player was allegedly drinking alcohol.

According to news reports, following the DWI accident, Williams was ordered by the court to wear an alcohol monitor, known as the Secure Continuous Remote Alcohol Monitor, which monitors perspiration for alcohol content.

Jayson Williams must wear alcohol monitor, DigitalSportsDaily.com, January 25, 2010

Whether a person is pulled over on the parkway or a city street, the patrolman will most likely request that the individual perform a number of field sobriety tests. Another way that someone can be tagged for a DWI is at one of the many sobriety checkpoints, or roadblocks that are set up around the state. Regardless of the location, if the officer suspects that a driver is impaired, he will most likely request that person to take a breath test to determine blood-alcohol content (BAC) -- the amount of alcohol in the bloodstream.

The following are some news items involving drunken driving arrests in the Montclair area. They are just examples of the typical situations that begin a process that can eventually lead to a DWI or DUI conviction.

Orange Road Car Crash
A 22-year-old woman was arrested after driving her vehicle into a utility pole on Orange Road, near Canterbury Park in the early morning of January 18. According to police reports, the pole along the northbound lane was split when it was struck by a 2010 Toyota Corolla driven by the suspect.

Police found the driver standing outside the ruined car and noticed that her speech was slurred. The woman had suffered a small cut to the side of her lip. Apparently the driver told officers that she had one mixed drink with vodka before driving. After she failed several sobriety tests, she was arrested and charged with DWI and careless driving. Her wrecked car was towed away.

Valley Road Accident
An SUV hit a parked car on Valley Road near Walnut Street around 8:30pm on January 17 -- according to police the suspect's vehicle continued away northbound on Valley Road without stopping. Officers found a 2000 Nissan Altima with damage to its rear bumper. After the owner of the vehicle gave a description of the sport utility vehicle to the police, officers made a search of the area.

Driving along Upper Mountain Avenue, the patrolmen found a damaged Nissan Pathfinder with its hazard lights flashing. They saw a woman standing outside the truck, talking on her cell phone.

Officers asked the woman how her truck's front bumper had been damaged. The 42-year-old driver said the vehicle had been involved in an accident a week ago, but was uncertain as to where it had occurred. The officers noticed that the driver appeared to be slightly off-balance and admitted that she had been drinking "a little," according to the police report.

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

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

Based on the news report, Cliffside Police stated that there were more DWI arrests in the municipality during 2009 than any other past year since records have been kept. Law enforcement officials say that the higher number of arrests for driving while intoxicated goes to increased drunk driving patrols and the additional use of sobriety checkpoints.

The number of arrests in Cliffside Park last year totaled 102 for alcohol-related charges. The money to support the new checkpoints reportedly came from the Cliffside Park Police Department State Drunk Driving Enforcement Fund. For this borough police established two separate DWI checkpoints and operated approximately 12 additional drunken driving patrols. The state funds that support added DWI enforcement come from legal fines and bottle taxes that eventually find their way back to the municipalities.

According to Cliffside Park police, the department made 87 DWI arrests in 2008. That was up from 58 in 2007 and 48 drunk driving arrests in 2006. This year-over-year increase may be a result of ever increasing drunk driving enforcement. It is said that Cliffside Park has one of the more proactive anti-DWI police departments in the county.

Almost all borough officers are Alcotest and radar-certified and have attended advanced DWI Training, including Standardized Field Sobriety Testing and Horizontal Gaze Nystagmnus.

Cliffside Park PD nets record number of DWI arrests, NorthJersey.com, January 8, 2010

Recently an out-of-state motorist was indicted for what is referred to as aggravated manslaughter as a result of a fatal Cape May automobile crash in September of last year. According to news reports, John J. Lawless, 37, of Philadelphia was indicted on January 12 for aggravated manslaughter. The first-degree offense occurred on September 12 when Lawless allegedly killed Frederick Shelton, a Lower Township, NJ, resident.

Based on news reports, the chief assistant prosecutor in the case said that Lawless had a blood-alcohol content of 0.229 percent, which is nearly three times the legal limit in New Jersey. Authorities allege that Lawless was driving his Chrysler Sebring while intoxicated, when he veered into the southbound on Route 9 near Bennetts Crossing in Lower Township, hitting a Ford Escort carrying Shelton, his wife and the couple's 13-year-old daughter.

Shelton was killed in the crash, while his wife, Sheri, and daughter, Brittany, were injured in the accident. The two survivors of the crash were airlifted to Cooper University Trauma Center in Camden in critical condition. According to police records, Lawless has a long record of drunk driving offenses in Pennsylvania, including:

-- Oct. 3, 1996: Driving While Intoxicated (DWI) arrest

-- March 16, 1998: DWI arrest with 2-month min/3-month max prison term, plead guilty

-- Sept. 7, 1998: DWI arrest with 2-month min/3-month max prison term, plead guilty

-- April 29, 1999: DWI arrest. Plead guilty to recklessly endangering another person. Placed
on one-year probation. Plead guilty to DWI, 2-month min/3-month max prison term

-- July 62, 2004: DWI arrest. Dismissed under speedy trial regulations

-- June 11, 2005: DWI arrest with 1 yr min/2 yr max prison term. Plead guilty

-- Dec. 24, 2008: Involved in a motor vehicle accident in Philadelphia, arrested for DWI

Law enforcement authorities state that Lawless' Pennsylvania driver's license was suspended indefinitely on or about 2001.

PA Man With 7 Prior DUI Arrests Indicted For Aggravated Manslaughter In Fatal Crash, CapeMayCountyHerald.com, January 12, 2010

As a New Jersey DWI defense lawyer, I have defended many clients who have been charged with drunk driving. Some of those people were involved in accidents that injured or killed vehicle occupants or pedestrians. A recent news article shows how mixing alcohol with prescription drugs can result in terrible consequences. There are very few things worse than being arrested for a fatal drunk driving accident.

According to reports, Jury selection began Tuesday in Morristown regarding the drunk driving trial of 48-year-old Eugene Baum Jr. The man is charged with being drunk behind the wheel and causing the deaths of two teenagers back in 2006 when his car hit and killed the young girls on a Morris County roadside.

Police reports indicate that on April 20, 2006, Baum was driving a rented Kia Optima along Kinnelon Road in Kinnelon, NJ, when the vehicle veered off the roadway and onto the shoulder where the two girls were walking. Police records show that the defendant's blood-alcohol content (BAC) was 0.305 percent when the accident happened. Based on news reports, Baum's vehicle struck 15-year-old Mayada Jafar and 16-year-old Athear Jafar. The two cousins were reportedly walking to a nearby movie theater around 8pm when they were thrown off the shoulder by the impact.

Police have said that although Baum was severely intoxicated, he still decided to drive from his home in Dover to his mother's house in Kinnelon. During the police interview, he allegedly said that he thought he had struck a deer. He also later acknowledged that he should not have mixed Librium and vodka.

A mental health expert hired by the state has stated that Baum was "a functioning alcohol" at the time of the accident and that he could apparently tolerate high levels of alcohol in his bloodstream. In Baum's defense, an expert has suggested that Baum became an "automaton" when he drank and the combination of vodka and Librium in his body had an unexpectedly severe reaction that led to the crash.

The following is a selection of recent drunk driving arrests across the Garden State. Whether you live in Newark, Red Bank, Atlantic City or any of other cities and towns in New Jersey, a conviction for driving while intoxicated can adversely affect your life. However, you should never assume that you have don't have options following a drug DUI or DWI arrest.

Orange
A local resident was picked up recently by police after running her vehicle up onto a curb in Orange, NJ. The incident occurred just before 2:30am on January 3, when the 23-year-old woman apparently lost control of her sedan, struck the curb and then hit a stop sign. Police responded to the accident at Orange and Elm streets apparently on a call from another motorist or resident in the area.

According to reports, police officers arriving on the scene found the woman's 2001 Mitsubishi Diamante up on the curb with damage to its front end and the right-front tire. Officers also noted a street sign, which had apparently been struck by the vehicle and was now lying in the roadway.

Police reports indicate that there were five occupants in the car, including the driver, all of which were unhurt. However, law enforcement officers observed that the suspect was slurring her words, swaying and staggering as she stood outside the vehicle. Based on these observations, officers requested the woman take several field sobriety tests, which she failed. She was charged with DWI and careless driving, according to police.

Montclair
Al local motorist was stopped by police after the officers saw a 2009 Ford Flex weaving in and out of its lane around 1:45am on January 2. According to news reports, patrolmen pulled over the 42-year-old driver near the intersection of Bloomfield Avenue and Valley Road.

In New Jersey, a parent or adult who commits a DWI with a child in the car is exposed to a charge of Endangering the Welfare of a Child. This offense is often filed as a Second Degree Crime, especially where an accident and injury is involved. A second degree offense like endangering carries a period of incarceration of between 5 and 10 years in prison.

A DWI case in NJ obviously becomes much more complicated when the operation involves a minor occupying the subject vehicle. This has been the situation for many years now unlike what has more recently occurred in New York. Notwithstanding, we have found that the vast majority of these cases can be resolved without any form of incarceration.

As a New Jersey DWI and drug DUI defense lawyer, I know that certain conditions have to be met to charge a driver with possession of marijuana. Unless the driver is carrying the marijuana himself, he generally cannot be charged with possession in a motor vehicle. Under N.J.S.A. 39:4-49.1 the law prohibits a person from operating a motor vehicle while knowingly being in possession of pot.

According to the news reports, a traffic stop was made on December 17 just before 11pm on Route 206. At the time, police were conducting drunken driving patrols as part of the "Over the Limit, Under Arrest" anti-DWI enforcement campaign. Police reports indicate that officers pulled over a 2005 Honda with several young people inside. The driver was identified as Russell Floyd, and 18-year-old resident of Lawrenceville. The driver was issued one of several summonses by the police when they discovered the teen did not have a valid driver's license.

Coincident to the traffic stop, another passenger, a 17-year-old male from Princeton, was found to be in the possession of more than a dozen ziplock bags of marijuana, as well as 11 empty bags and a weighing scale. The juvenile, who police have declined to identify, was charged with possession of drugs with intent to distribute, among other offenses.

It is important to note that the law against possession of marijuana in a motor vehicle applies solely to the driver and not the passengers of a vehicle. In order to prove a violation, the state must establish that the suspect was A) the driver, B) had marijuana on his or her person and C) knew positively that he or she was carrying said substance while operating the motor vehicle. If the operator of the vehicle was not within wingspan of physically controlling the marijuana, he has a good chance of avoiding a conviction.

Cops: Princeton teen dealer had baggies and scale in the car, Trentonian.com, December 29, 2009

Giuseppe Giudice was reportedly heading north on Jacksonville Road when the Ford pickup he was driving hit the utility pole just before 2am. According to Montville police, when officers arrived at the scene they detected the odor of alcohol on the 39-year-old driver. Due to the man's possible injuries, the police did not make Giudice perform any field sobriety tests.

Based on the news, Giudice told police he had been in New York and was heading home when the accident occurred. Emergency personnel treated and then transported him to Morristown Memorial Hospital to be checked for internal injuries.

After providing a blood sample, Guidice was charged by Montville police with DWI. He was also issued summonses for reckless driving, careless driving and failure to maintain lane. At the time of the news item, the results from the blood-alcohol content (BAC) test had not yet been released.

To add insult to injury, police also discovered several outstanding warrants for Guidice out of Clifton, NJ, for violating city ordinances, although there were no details regarding the type of violations. Although, Clifton police said ordinance violations typically are minor, Guidice was released to Clifton police after being held in Montville on $2,625 bail.

Husband of "Real Housewives'' star charged with DWI in Montville, DailyRecord.com, January 15, 2010

In this case, the crash occurred, according to police reports, when a pickup truck belonging to Mathew Paschal of Cape May Court House, drifted off the southbound side of Route 9, leaving the roadway and crashing into two telephone poles that support several high voltage power lines in the area.

According to news reports, the accident occurred just before 6pm on New Year's day when the 42-year-old driver's Dodge pick-up left the roadway. Middle Township Police arrived at the scene not long after the accident and found the vehicle laying on the left side on the shoulder of the road. Tools and other equipment, apparently thrown from the vehicle's bed area, were found lying near the crash site.

After assessing the situation, officers called for the Middle Township Fire Company and Rescue Squad, as well as AtlanticCare paramedics, to come to the accident scene. Fire department rescue crews worked to extract the driver from the damaged truck, after which he was treated and transported to Cape Regional Care hospital for minor injuries.

Repair crews from Atlantic Electric Company were also dispatched to the scene to replace the damaged high voltage power lines. Meanwhile, Paschal was charged by police with driving while intoxicated, careless driving and failure to maintain lanes. Civil penalties could also affect the man, whose actions allegedly caused a power outage that affected up to 1000 customers in the area.

Man charged with DWI in Middle Township crash that knocked out power in the area, PressOfAtlanticCity.com, January 2, 2010

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

According to new reports, a police corporal received serious injuries as a result of a collision caused by a supposedly drunk driver. The accident occurred on Saturday, January 2, when Middle Township Police received a call of a pedestrian-car traffic accident in front of a TJ Maxx in Cape May Court House. When officers arrived, they found that the injured pedestrian was an off-duty Middle Township Police officer, Corporal Fran Fiore.

Fiore was transported to Cape Regional Medical Center with serious leg injuries as a result of being pinned between two vehicles. Based on an investigation by police, Fiore was apparently parked in front of the TJ Maxx on the Route 9 side and was standing behind his minivan loading items through the open rear hatch. According to police reports, a Dodge 1500 pickup truck driven by 51-year-old Edward R. Williams backed into Fiore pinning the officer's legs between the vehicles. Williams then pulled his vehicle forward and parked.

The off-duty officer requested a bystander to take the vehicle keys away from the driver of the pickup truck while waiting for assistance to arrive. Williams was subsequently arrested for driving while intoxicated (DWI) and transported to police headquarters. He was also charged with aggravated assault by auto in the third degree. Bail was reportedly set at $50,000.

Middle Twp Corporal Seriously Injured By Alleged Drunk Driver,
CapeMayCountyHerald.com, January 2, 2010

Being a New Jersey DWI defense lawyer, as well as a former municipal prosecutor, I have a vast amount of experience in defending individuals who have been arrested and charged with drunken driving. While circumstances vary, many DWI arrest scenarios are quite similar. The following is a short list of recent drunk driving arrests from Clifton, NJ.

A 22-year-old Maplewood resident was arrested and charged with driving while intoxicated (DWI) in the early morning hours of December 29. According to reports, Officer Daniel Ishak approached a vehicle stopped on Clifton and Van Houten avenues around 2am and found the driver allegedly unconscious behind the wheel of this vehicle with the engine running. The officer opened the door and detected signs of intoxication, according to reports. The officer woke the man and gave him several roadside field sobriety tests, which he apparently was not able to complete. The officer arrested the driver. He was charged with DWI after recording a blood-alcohol content (BAC) of 0.16 percent on a breathalyzer.

According to news reports, Officers responded to Broad Street and Seton Lane on a report of a suspicious vehicle with an unconscious person inside around 2:30am on December 24. Upon arriving, officers approached the Mercury Mountaineer with a 35-year-old Clifton woman inside. The officers reportedly detected signs of intoxication. While questioning the woman, she allegedly became combative and resisted arrest. Police claim that she also tried to grab one of the officer's flashlights. She was subsequently transported to police headquarters where she was posted a 0.13 BAC. She was charged with DWI as well as with resisting arrest.

In a third incident, news reports indicate that another Clifton resident was arrested on Christmas Eve for drunk driving following a traffic accident. According to police reports, police responded to Mahar Avenue on a report of a 2005 BMW involved in a motor vehicle crash. At the scene, police suspected that the 31-year-old driver may have been intoxicated after questioning the driver. A series of field sobriety tests were performed, which the driver allegedly could not pass. He was charged with DWI after posting results of 0.20 percent BAC on a breath alcohol test. In addition to drunk driving, the man was also charged with hindering apprehension because he originally had told police his girlfriend had been driving the car.

Clifton Journal, Police Blotter, NorthJersey.com, January 1, 2010