As a result of the accident, Simcox's passenger was thrown from the car. Based on police reports, 25-year-old Steven Adams was ejected from the vehicle when it crashed just before 3am near the Sonic restaurant at the Grande Center. The Whitesboro resident was thrown to the pavement and reportedly received serious injuries.

As a New Jersey drunk driving defense lawyer and former municipal prosecutor, I understand the complications that such an accident can cause to a DWI defense case. In this case, an eye witness told police that the driver was speeding through a parking lot, allegedly accelerating as he ignored several stop signs prior to losing control and driving through a safety fence and then into a ditch. The witness was reportedly a night watchman for a nearby Lowe's store.

Adams was treated by emergency personnel and the airlifted by SouthStar medical helicopter to AtlantiCare Regional Medical Center in Atlantic City. He was reportedly listed in fair condition later that day. According to police, Adams was not wearing his seat belt.

Simcox, who was not hurt in the crash, was arrested by police and charged with driving while intoxicated and assault by auto. He was placed in custody on $10,000 cash bail at the Cape May County Jail in Cape May Court House. A third occupant, the 21-year-old Elijah Adams, was uninjured in the accident and reportedly fled the scene before officers arrived. He was later found and taken into custody by police; he later posted bail.

Police said that both Simcox and Elijah Adams were wearing their seat belts at the time of the crash.

Driver charged with DWI in Middle Township crash that caused passenger to be ejected, PressofAtlanticCity.com, August 8, 2010

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

The Court's 4-3 ruling on July 12 states that patrolmen must now communicate to a motorist suspected of driving under the influence of alcohol in a language that he or she understands that they are required under the law to submit to a breathalyzer test to determine blood-alcohol content (BAC).

The downside from a drunk driving defense standpoint is that this new requirement will likely reduce the opportunities for appeals, according to some law enforcement professionals.

The ruling came from a case out of Plainfield, NJ, where a man was charged with driving while intoxicated following a 2007 accident. According to court records, the defendant spoke only Spanish and did not understand the patrolman's English-language instructions stating that the motorist was required by state law to submit to a breath test. Although the man's conviction for DWI remains intact, his conviction for breath test refusal and the associated seven-month license suspension was vacated by the Court's ruling.

The New Jersey Attorney General's office has reportedly recorded translated instructions into 10 separate languages including Chinese, Russian, Arabic and Portuguese. The recordings are posted on a New Jersey government website (njpdresources.org) so that police can easily can play them for suspects prior to administering a breath test.

Court: Police must translate breath test requirement, if needed, NorthJersey.com, July 22, 2010

East Rutherford
A 21-year-old Weehawken, NJ, female resident was stopped by police after officers observed the driver make a U-turn along New Jersey's Route 120 and in the process hit the center divider of the highway. After pulling over the suspect's car police determined that the woman was apparently intoxicated. Officers noticed a plastic bag in the vehicle, which the driver eventually identified as containing marijuana. She also admitted to police that she had planned to sell the controlled dangerous substance (CDS). The woman was arrested and charged with multiple violations including possession of CDS under 50 grams and possession of marijuana with intent to distribute.

A Hasbrouck Heights man was arrested for drunk driving after several people called police to report a vehicle hitting a light pole around 7am. The 54-year-old driver was located by officers not far from the accident scene in a vehicle matching the description provided by the witnesses. Officers asked the driver to perform several field sobriety tests, which he allegedly could not complete successfully. He was given a breathalyzer test that returned a blood-alcohol content (BAC) of 0.18, according to police.

A Passaic, NJ, man was arrested in the early morning hours on a Sunday after officers reportedly observed him peel out from a stop sign on Carlton and Paterson avenues, then accelerate quickly. The man was pulled over and allegedly could not successfully complete the field sobriety test, and his blood alcohol levelwas 0.18, according to police. He was subsequently released to a responsible party.

A local man was arrested on a Tuesday and charged with possession of CDS in a motor vehicle. The arrest followed a traffic stop after officers noticed a vehicle being driven erratically. As the man exited his vehicle, a paper towel tube allegedly containing crack cocaine fell out of the vehicle. Officers took the driver into custody charging him with possession of crack cocaine, careless driving, being an unlicensed driver, failure to exhibit a driver's license and possession of CDS. He was issued summonses and released.

BLOTTER: 07/22/10 issue, LeaderNewspapers.net, July 22, 2010

And don't think that injuring yourself will gain you any sympathy in traffic court. The authorities maintain a dim view of anyone who gets behind the wheel of a motor vehicle while impaired due to alcohol, prescription drug or illegal drug (CDS) use. When in doubt, save yourself the headaches and call a cab, a good friend or a family member to drive you home.

A recent news article shows what can happen to a driver who may have had a bit too much to drink. According to reports, a Lower Township resident was charged with driving while intoxicated and then causing a traffic accident out in Middle Township.

The incident occurred on an early Friday evening as Felipe Nieves was traveling eastbound along Route 47 near Fulling Mill Road. Just before 7pm, the 41-year-old's Saturn reportedly crossed into the opposing lane and crashed head-on into a pickup truck driven by John Marsden of Middle Township. Nieves' car went into a nearby ditch, while Marsden's truck went into a nearby yard.

Rescue crews arriving on the scene had to extract Nieves from his car. He was then treated and transported via helicopter to the Regional Trauma Unit at AtlantiCare Regional Medical Center in Atlantic City. Nieves suffered serious head, neck and internal injuries as a result of the crash, according to the news. Fortunately, the driver of the pickup was reportedly uninjured.

Police apparently charged Nieves with driving while intoxicated. The accident reportedly shut down Route 47 for close to an hour as emergency crews cleared the scene.

Lower Township man accused of DWI and causing accident in Middle Township, PressofAtlanticCity.com, July 10, 2010

As a New Jersey DWI defense attorney, I feel that knowledge is power especially when the law is concerned. A drunk driving arrest or summons is just the beginning. Whether the reason is excessive alcohol consumption, a reaction to prescription drug use, or illicit drug or marijuana use, being stopped by a law enforcement officer can spell the end of a clean driving record. And, being taken into custody for driving under the influence can signal the beginning of a lengthy and potentially costly episode in a person's life.

Prior to being charged with drunk driving, a motorist may not even be suspected of it at first. However, in many cases, a patrolman who is trained to detect drunken behavior may already suspect that a driver is operating his or her vehicle while impaired. Stopping the motorist for a simple yet justifiable traffic infraction is the opening move toward a full-blown DWI or drug DUI arrest.

Field sobriety tests are a key tool that law enforcement professionals use to determine possible inebriation. Failure to pass one or more of these tests can become one of numerous pieces of evidence that the state can present as proof that a driver was, in fact, impaired by drugs or alcohol at the time of the arrest.

There are several standard tests that police can use to confirm their suspicion that a driver is intoxicated. These can be administered on the roadside following a traffic stop or in a location where drivers are being checked for drunkenness, such as a sobriety checkpoint or roadblock. They include:

A) Horizontal gaze nystagmus
B) Walk-and-turning test
C) One-leg standing test

A Brooklyn, NJ, woman was arrested on charges of marijuana possession in a vehicle early on a Sunday morning. The patrolman at the scene saw the driver apparently smoking pot in a parked vehicle at Summerfield Suites. While undergoing processing at the headquarters, officers were alerted to the fact that the driver was also wanted on a $350 Alpine warrant for failing to appear on a previous motor vehicle charge. The driver posted bail after being charged with possession of marijuana and a motor vehicle summons for possessing a drug in a motor vehicle.

Madison, New Jersey
A 25-year-old resident of Roselle, New Jersey, was charged with driving under the influence of alcohol in the early morning hours on a Saturday. The driver was initially stopped for speeding and then determined by officers to have been operating his vehicle under the influence of alcohol. The man was taken to police headquarters for processing and subsequently released to a family member pending a court appearance.

A Montville man was also stopped for speeding the next day during the early morning. According to reports, the 38-year-old driver was determined by patrolmen to be intoxicated while operating his vehicle on public roads. He was transported to police headquarters, processed and subsequently released pending a court appearance. He was charged with DWI as well as being issued a motor vehicle summons for speeding.

Police blotter: Marijuana bust in Hanover, DailyRecord.com, July 16, 2010

According to news reports, law enforcement personnel from Lower Township will be on the alert for drunken driving violators as part of this summer's "Over The Limit, Under Arrest" Campaign. Commencing August 20 and running until September 6, state and local police officers will be setting up sobriety checkpoints and operating what are referred to as "saturation patrols" as they seek out and arrest motorists who could be driving under the influence of alcohol or prescription drugs.

This is reportedly part of a national campaign to increase awareness of the dangers of driving drunk by using what authorities call high-visibility enforcement. The campaign also utilizes public education in the form of posters, banners and mobile video display signs.

As part of the local New Jersey initiative, the Division of Highway Traffic Safety provides grants to law enforcement agencies and police departments throughout the state funds to run this two-week campaign.

According to news police records, in 2009 185 people were killed in New Jersey as a result of alcohol-related crashes. According to authorities, that number represents 31 percent of the nearly 600 traffic fatalities reported last year across our state. Apparently 67 of those alcohol-related fatalities happened during the summer travel season.

Drivers all across New Jersey should be aware that law enforcement agencies statewide will be looking for individuals who may be violating traffic laws, precipitating a traffic stop, which then can easily result in a DWI arrest. As a drunk driving defense lawyer, I have seen the results of enhanced drunken driving enforcement campaigns.

Motorists are typically picked up on the road or at sobriety checkpoints. Penalties for driving while intoxicated -- whether due to alcohol consumption or drug use -- can be very stiff and may also result in jail time.

Lower Police to Crack Down on Drunk Drivers, CapeMayCountyHerald.com, August 4, 2010

As a New Jersey lawyer dedicated to defending individuals arrested for DWI, DUI or breath test refusal, I understand how easily a driver can end up with a drunk driving conviction on his or her record. As a former municipal prosecutor, my knowledge of the state's procedures gives me better insight into the process and potential outcomes.

For out-of-state drunken driving offenders, the end result is dependant on a number of factors. Regardless of the circumstances however, being convicted of driving while intoxicated either by use of prescriptions drugs or liquor is something you should avoid if at all possible.

While a patrolman may not at first be aware of whether or not a driver has had too much to drink, the officer can stop you for any number of potential traffic violations such as running a red light, making a lane change without signaling or not maintaining ones lane.

New Jersey's drunk driving laws apply to all motorists regardless of whether or not one is a resident. However, for out-of-state drivers a possible conviction for DWI does not arise as a result of the state where an individual obtained their drivers license. Specifically, when an individual licensed in a state other than New Jersey is charged with a drinking and driving offense here in New Jersey, all that this state can do is enforce the particular DWI, drug DUI and/or refusal charge by limiting that driver's ability to operate a motor vehicle within New Jersey.

Whatever the venue, New Jersey law prohibits driving while under the influence of alcohol, prescription drug, or other substance that causes physical and mental impairment. A recent news article illustrates how anyone can get a drunk driving summons even while sitting in a parking lot.

Based on police reports, an off-duty Middle Township patrolman observed what she believed to be person under the influence of alcohol sitting in a vehicle in the Acme Plaza Shopping center in Cape May Court House, NJ. Calling the situation into the local police headquarters, she was able to wrest the keys away from the driver who was apparently attempting to flee the scene. A uniformed officer arrived who had just ended his shoft for the day responded to help.

The suspect, 51-year-old Matthew Condon of Dennis Township, NJ, was arrested on the spot for DWI. Officers transported Condon to police headquarters where he was processed and tested. The result of his blood-alcohol content (BAC) test was 0.33 percent -- more than four times above the legal limit of 0.08 percent BAC.

Due to the extremely high alcohol content in Condon's bloodstream, police transported him immediately to Cape Regional Medical Center for observation, after which he was released to a friend. According to police, Condon was charged with DWI, failure to produce vehicle registration, failure to produce vehicle insurance and careless driving.

Middle Township Police Charge Dennis Township Man With DUI, CapeMayCountyHerald.com, June 19, 2010

A news article not long ago told the story of a dual motorcycle crash that allegedly involved drunken driving. According to reports, three out-of-state riders met in a violent way on Route 78 near Bedminster, NJ, in late June. Police reports indicate that two motorcycles crashed in the early hours on a Sunday morning in northern New Jersey.

The crash, which the New Jersey State Police logged as a DWI-related claimed the life of a woman and left her companion critically injured. The other lone rider was arrested and charged with operating a motor vehicle while intoxicated.

Based on police reports, 56-year-old Paul Shelly and 45-year-old Nicole Widener were riding on Shelly's bike when it was struck apparently from behind by the second motorcycle driven by Maurice Smith, 36, of Patchogue, NY. Police said that Shelly was riding along the highway's center lane when Smith apparently attempted to pass them at what police describe as a "high rate of speed." According to the news, Smith's bike contacted with the rear wheel of Shelly's motorcycle causing the couple's vehicle to go out of control.

Widener was thrown into the roadway, where she was subsequently run over and killed by a car that then left the scene. Shelly ended up on the side of the road and was taken to Morristown Memorial Hospital, where he was listed in condition with leg and other injuries. Smith sustained several cuts and bruises and was treated at the hospital before being taken into custody.

Pa. woman dead in N.J. 2-motorcycle crash; one injured; one charged with DUI, PoconoRecord.com, June 20, 2010

As a New Jersey DWI and drug DUI defense lawyer, I have years of experience in this area. Having been a former municipal prosecutor, I also know the lengths to which the state will go to secure a conviction. Understanding the prosecution's tactics, however, helps me to provide an aggressive defense for individuals accused of violation the law.

A news article not long ago detailed a couple arrests out of Morris County. These marijuana possession cases are not unlike those that occur every month throughout the state. Whatever the circumstances, if marijuana is found in your car, the police will usually issue a summons for marijuana possession in a motor vehicle. If found guilty, you could have you driver's license suspended for a lengthy two-year period with no chance for an special provisions or conditional license. Without the ability to drive, one could lose his or her job over such a conviction.

According to news reports, officers patrolling the Cinema 12 parking lot investigated what they felt as a suspicious vehicle at the rear of the theater. On closer inspection police wound remnants of a cigar near the driver's side door. At the time, the vehicle was occupied by two men. The driver, a 19-year-old Denville resident, was arrested when a small quantity of marijuana and a pipe were discovered in the vehicle. Police charged the man with under-50-gram possession of marijuana, possession of drug paraphernalia and possession of controlled dangerous substances (CDS) in a motor vehicle.

About a week later, police officers responded to a parking area at 200 Baldwin Road following reports of a suspicious vehicle. As the officers approached the vehicle, they noticed what appeared to be a marijuana cigarette sitting on the vehicle's center console. The 19-year-old driver was charged with possession of marijuana (under 50 grams) and subsequently released on his own recognizance pending a court date.

Parsippany: Police Blotter, NorthJersey.com, May 5, 2010

As a New Jersey drunk driving defense lawyer, I and my staff have vast experience defending drivers accused of operating a motor vehicle while impaired by alcohol or drugs. In fact, it is common for drunken driving charges to be brought against an individual who is suspected of driving under the influence of drugs (also known as DUID). These include but are not necessarily limited to narcotic, hallucinogenic, or habit-forming substances.

It is important to understand also that New Jersey law prohibits driving if a person is impaired by marijuana, cocaine, or other narcotics -- which even includes prescription drugs such as morphine. For legal purposes, the standard of proof used to establish a narcotic-based DWI charge has been established in the 2006 court case of State v. Bealor. Furthermore, in State v. DiCarlo, the law actually defines the term narcotic -- for the specific purpose of establishing a basis for driving while intoxicated charges here in New Jersey.

Defending against a DUID requires a slightly different approach than that of a DWI defense, at least in the area of blood and breath tests. One area in particular is challenging any chemical test that may have been administered to evaluate a driver's alleged drug use. It's a fact that New Jersey's implied consent law applies only to alcohol and doesn't require that a motorist to provide blood, breath or urine samples when he or she is suspected of driving while impaired by drugs.

It is important to note that the law makes a distinction between drivers of privately-owned passenger cars and truck drivers (or other person with a commercial driver's license or CDL). These individuals are required to take a chemical test if they are involved in a traffic accident or even suspected of driving under the influence of drugs.

When it comes to chemical tests, it is understood that the concentration of a drug in the bloodstream does not necessarily reflect the level of that individual's intoxication. For DUID defense purposes, chemical tests (when used to detect drugs in the bloodstream) are only valid if they were administered by a DRE or drug recognition expert. If the police station tests a driver but has no DRE on staff, the evidence will be inadmissible in a court of law.

From the initial traffic stop to the actual arrest and then performance of a blood-alcohol content (BAC) breath or blood test (to determine if a driver is legally intoxicated), the process of being charged and possibly convicted of drunk driving can be a scary prospect for many people. Beyond simple monetary penalties, a DWI or drug DUI conviction can result in loss of employment and can potentially ruin personal and business relationships. The following accounts of North Arlington drunk driving arrests are typical of those encountered around the state.

Drinking and Parking
Police were summoned in the late afternoon of June 20 to the parking lot of a CVS drug store following the report of a drunken driver. The caller to 911 reported that a car, which had been traveling on Schuyler Avenue and that swerved across a double yellow line, had subsequently pulled into the CVS parking lot. Officers arriving on the scene approached the suspect vehicle and soon detected the smell of alcohol on the operator's breath. The driver was identified as a 53-year-old Bloomfield, NJ, resident. The man was asked to perform several field sobriety test, which he reportedly failed. He was arrested for driving while intoxicated and issued a DWI summons.

Tailgating Under the Influence
Less than 24 hours later, in the early morning of June 21, a police traffic police patrol on the Bellville Turnpike spotted a vehicle driving erratically, swerving along the road and tailgating the vehicle ahead of it. According to police reports, the officers pulled the vehicle over and conducted a routine traffic stop. During the stop patrolmen noticed the scent of alcohol on the driver's breath. The 32-year-old woman driver from Sayreville failed a field sobriety test and was then arrested for driving under the influence of alcohol. Officer took the man to police headquarters where he apparently refused a breath test. He was issued summonses for drunk driving, tailgating another vehicle, failure to keep right, careless driving and breath test refusal.

Sleeping Off an Apparent DWI Accident
The next day another driver was arrested for drunken driving after police arrived at the scene of a motor vehicle accident on Garden Terrace just off Ridge Road. Officers found the vehicle smashed up against another parked car. The 30-year-old Lyndhurst woman was still in the vehicle, reportedly slumped over in the driver's seat. Police observed that she was very lethargic and nearly unconscious. Officers sent the woman to Clara Maass Medical Center for medical attention. She was later arrested and charged with DWI and careless driving.

North Arlington: Police Blotter, NorthJersey.com, July 1, 2010

As a New Jersey DWI defense attorney, I have heard defendants say they wanted a jury trial. This may not seem so odd, as many people believe that if jail time can be attached to a drunken driving conviction, then they deserve to have their case heard by a jury of their peers. Unfortunately, this latest ruling by the New Jersey Superior Court will probably put juried trials on hold for motorists accused of driving under the influence of alcohol.

According to court records, in October 2008, Stephen McLaughlin was denied his motion for a jury trial on his third charge of driving while intoxicated by the Law Division. This motion followed a trial in Brick Township back in September 2005 when McLaughlin was convicted of DWI, reckless driving, and speeding.

Upon appeal the man was again found guilty of all three offenses and was sentenced to 90 days in jail and 90 days of in-patient alcohol treatment for the drunk driving offense. This included a concurrent sentence of 30 days for the reckless driving charge. The court also ordered the man's license to be suspended for 10 years, as well as being assessed related fines and court costs.

Following a third appeal and conviction, McLaughlin applied to the Law Division for a jury trial on his drunk driving offense. The trial judge in that particular appeal denied the defendant's motion and ordering the immediate execution of the sentence previously imposed.

In the Superior Court's decision, it stated that it rejected McLaughlin's motion for exercise of their [sic] rights to indictment by a Grand Jury and trial by jury. While the defendant indicated he faced serious "quasi-criminal and civil consequences" as a direct result of the municipal court proceedings, the fact remains that defendant faces these stated consequences as a direct result of driving while under the influence for a third time and charged accordingly.