New Jersey DWI Lawyer Blog

A number of recent DWI and controlled/dangerous substance (CDS) arrests in Bergen County, New Jersey, illustrate the ease and frequency of drunk driving and drug DUI arrests around the state. As a New Jersey DWI defense lawyer, my aim is to help my clients get a fair trial and to defend each individual against potential abuses or procedural errors on the part of the police.

Drunken driving has become a serious offense in New Jersey, as well as across the United States. This does not change the fact that every person accused of or charged with a DWI offense is considered innocent until proven guilty. As a former municipal prosecutor, I understand the techniques used by law enforcement to attain drunk driving convictions. The following news items reflect the kinds of arrests that occur on a weekly basis here in the Garden State.

Lyndhurst
A 33-year-old Rutherford man and a 32-year-old man from Lyndhurst, NJ, were each arrested on a late January evening in what could have been a drug DUI incident following a complaint of illegal fireworks in the 100 block of Copeland Avenue. Police identified a vehicle that allegedly left the scene of the incident and conducted a standard motor vehicle stop. In the course of the arrest, one of the occupants was charged with possession of a prescription drug without a prescription. The other man was charged with possession of marijuana, and found to have a $400 outstanding warrant. Both were subsequently released on summonses.

Rutherford
A 34-year-old New York man was arrested on a Thursday morning in late January for DWI and careless driving following a motor vehicle stop on westbound Route 3. According to police, the suspect was allegedly passed out behind the wheel when the officers approached the man's vehicle. He was transported to Meadowlands Hospital due to his apparently high level of intoxication. Police later released the motorist on summonses.

A 20-year-old Kearny driver was arrested on January 30 in the early morning hours for DWI and failure to keep right. Police reported that the suspect made an illegal left turn onto Station Square and then began driving the wrong way before officers pulled him over. The driver reportedly failed a field sobriety test and later registered a 0.12 percent reading on the breath test. The man was subsequently released on summonses.

East Rutherford
A Rutherford resident was arrested in the early morning hours of a Sunday, charged with DWI. According to reports, witnessed flagged down a patrolman regarding a vehicle that had been observed swerving on southbound Route 17. Police reported locating the vehicle and its 25-year-old driver in a parking lot on the corner of Hoboken Road and Enoch Street. The motorist allegedly failed a field sobriety test, after which he was transported to Hackensack University Medical Center due to his being visibly impaired by alcohol.

Continue reading "New Jersey Drunk Driving Defense: Bergen County DWI and Drug DUI Police Blotter" »

As New Jersey DWI defense lawyer who defends clients arrested for drunk driving, I can easily say that being charged with driving under the influence of alcohol, marijuana or prescription drugs in connection with a minor traffic violation is nowhere near as serious as being arrested for an injury accident or fatal alcohol- or drug-related crash.

The state of New Jersey takes a dim view of intoxicated driving, which is why the penalties and fines associated with DWI and DUI convictions can be rather severe. Add an injury or death as a result of a drunken driving accident and the outcome of a drunk driving trial could mean a very long prison sentence.

Not long ago a jury heard the initial statement from a defendant regarding a July 2008 fatal drug-related DUI crash that left a motorcycle rider dead following a head-on wreck along Route 47. According to reports, the accident occurred on a summer afternoon when Nicholas Golden slammed into the biker as the two vehicles approached each other.

The rider, 20-year-old Craig Lozier was unable, according to Middle Township police, to avoid the oncoming car driven by Golden, an 18-year-old out-of-state resident. Based on police information, Golden and his passenger, 18-year-old Kyle Zalot were traveling southbound along Route 47 when they attempted to pass some other vehicles. It was at this time that the accident happened. Lozier was pronounced dead at the scene.

Four hours after the fatal crash, Golden was interviewed by a detective with the Cape May County Prosecutor's Office. News reports state that the defendant initially told investigators that Lozier had entered his lane, but he later admitted he was in Lozier's lane.

Police allege that Golden and Zalot had been smoking marijuana prior to the incident. Because of this, Golden was charged with driving while intoxicated, as well as one count of death by auto, a first-degree crime. He was also charged with other motor vehicle violations. Golden's next court date is scheduled for March 11.

Jury Will Hear Defendant's Initial Statement after Lozier Fatal Crash, CapeMayCountyHerald.com, Februrary 10, 2010

According to recent news reports, a Mercer County, NJ, teenager was arrested on charges of dealing drugs and possession of marijuana in a motor vehicle. Although there was no direct indication of drug DUI, such a situation could have resulted in a similar charge against the teen. If a charge of drug DUI was also involved, defense similar to driving while intoxicated due to the influence of alcohol could be applied, with certain differences.

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

Numerous drunk driving arrests occur every month throughout New Jersey. Morris County, among others, sees its share of intoxicated driving traffic offenses on a weekly basis. As a New Jersey DWI defense lawyer and former municipal prosecutor, I have a wealth of experience in the area of drunk driving defense. The following is just a sample of the typical driving under the influence of alcohol and drug DUI cases that move through our court system every year.

Boonton
A 32-year-old local resident was charged with driving while intoxicated, reckless driving and refusal to submit to breath tests in the early morning hours of September 15. The woman was released, pending a municipal court appearance. Several hours later a 28-year-old man from Phillipsburg was arrested and charged with DWI as well as reckless driving.

Madison
Police officers arrested a 33-year-old man from Florham Park in the early evening of September 15, According to reports, officers Anthony Kaspereen and Sean McCarthy stopped the man for an alleged traffic violation. During the stop, the officers noticed a pill bottle in the driver's open glove compartment. After a brief investigation, police arrested the man for illegal possession of OxyContin and Vicodin. He also was charged with failure to maintain a lane, possession of drugs in a motor vehicle, careless driving and improper display of plates.

A local woman was stopped by police for driving 42mph in a 25mph zone on Elmer Street. According to reports, once police made the traffic stop it was determined that she was under the influence of alcohol. She was arrested and transported to headquarters for processing, where she was charged with DWI and speeding.

Parsippany
Following a routine traffic stop on westbound Route 46, police arrested a 20-year-old Newark man with possession of marijuana under 50 grams and possession of drug paraphernalia. He was processed at police headquarters and taken to the county jail on $10,000 bail, according to police records.

Sparta
A Branchville woman was charged with possession of drug paraphernalia and possession of less than 50 grams of marijuana in her vehicle during a routine police investigation. Accroding to reports, officers were investigating a car in the parking lot on South Shore Trail at 2:13am. While police were interrogating the 30-year-old, they saw a glass marijuana pipe in the center console of the vehicle and subsequently arrested her. She was also issued a summons for possession of controlled and dangerous substances in a motor vehicle.

A 59-year-old local man was charged with driving while intoxicated following a motor vehicle stop on Route 517/Sparta Avenue at 9:41pm. Police observed the man's gray Dodge pickup truck being driven at a high rate of speed. In addition to the drinking charge, the driver was charged with speeding, careless driving and failure to maintain lane.

Police Blotter, DailyRecord, September 23, 2009

Montclair
A resident of Wayne, NJ, was stopped by police just after 12am on September 21 for allegedly running three stop signs. As a drunk driving defense lawyer with offices throughout New Jersey, I know that this kind of behavior is difficult to explain simply. However, my firm has represented many individuals arrested for DWI under similar circumstances, which is not uncommon.

According to police reports, the 44-year-old man was driving a 2006 Honda CR-V when he was pulled over by law enforcement officers at Valley Road and Church Street. Officers reportedly could smell alcohol on the man, who also exhibited other signs of possible intoxication, police said. When asked, the suspect explained that he had consumed two beers at a local bar earlier that evening.

Officers asked the driver to exit the vehicle and take several field sobriety tests. According to the report, he staggered as he got out of the SUV and then failed the tests. He was subsequently taken into custody and issued summonses for DWI and reckless driving, as well as failure to stop, and not wearing a seatbelt.

Morris Township
A 21-year-old local woman was recently arrested and charged with DWI following a motor vehicle accident on Washington Valley Road just before 4am. According to reports, when asked by a tow truck driver called to tow a 2008 Honda involved in a single car accident, the suspect said that she got into an accident at approximately 2am but hadn't reported it to police.

According to police, the woman told responding officers that she ran off the road trying to avoid a deer. However, because she showed signs of intoxication, and then failed several field sobriety tests, she was arrested for DWI, careless driving and failure to report an accident to police.

Mount Olive
Another 21-year-old female was arrested recently following a routine traffic stop for an expired vehicle registration. After stopping the vehicle along Route 46, police observed a glass pipe commonly used for smoking marijuana in the car's center console, according to police reports. The pipe allegedly contained suspected marijuana residue. The woman, a resident of North Bergen, was transported to police headquarters where she was charged with possession of CDS marijuana, possession of drug paraphernalia, expired registration and failing to exhibit her driver's license and released pending a municipal court hearing.

Pequannock
A Pompton Plains man was charged with driving while intoxicated during an early Sunday morning after police responded to a report of an individual asleep behind the wheel at Jackson Avenue and Route 23. Officers found a 2004 Honda Civic facing west on Jackson Avenue, approximately 15 feet from the intersection, with the driver asleep and the vehicle in drive shortly after 3am, police said. After numerous attempts to wake the driver, he finally woke and was directed to put the vehicle in park and turn the ignition off, police said.

Police news briefs, MontclairTimes.com, October 1, 2009

The east side of Red Bank, NJ, was the site of a police chase following an initially unsuccessful DWI traffic stop. According to reports, Captain Darren McConnell of the Red Bank traffic safety unit identified a Chevy pickup moving erratically around 2am on Saturday, September 26, just prior to running a stop sign at Wallace and McLaren streets.

As a New Jersey DWI defense attorney having defended numerous motorists charged with driving under the influence of alcohol, this is a typical scenario for an early morning drunk driving arrest. However, fleeing a police officer only complicates matters for a defendant accused of driving under the influence. In this day and age, there is no sense to making matters worse by adding resisting arrest to the list of charges.

In this case, Captain McConnell attempted to pull over Jesse Rowe, 21, who was driving his vehicle in an allegedly erratic manner. As McConnell started to pull Rowe's truck over the suspect accelerated away in an apparent attempt to evade arrest. Pursuing Rowe eastbound on McLaren Street, then north on William Street and east again on Mechanic, the entire chase was less than a half mile, according to police reports.

After finally bringing his vehicle to a stop, Rowe reportedly got out of the vehicle and tried to flee on foot. However, he was caught after a short distance by McConnell, who subdued the man after a brief struggle. The arrest was made near the intersection of Mechanic Street and Prospect Avenue, not far from the suspect's Mechanic Street residence, police reports show.

Rowe was charged with DWI, possession of under 50 grams of marijuana, eluding police and resisting arrest. Bail was set at $10,000 and he was placed in the Monmouth County Correctional Facility in the interim.

Cop Nabs DWI Suspect after Short Chase, RedBankGreen.com, September 28, 2009

August is always a busy time for law enforcement agencies and police departments in Morris and Sussex counties. Dozens of motorists are arrested every month on charges of driving while intoxicated (DWI) or operating a vehicle under the influence of prescription or illegal drugs (DUI). Alcohol and driving don't mix, but occasionally individuals make mistakes. When it comes to drunk driving, those mistakes can be costly, not only in monetary terms, but also in terms of the negative impact a DWI conviction can have on one's social and work life.

As a New Jersey drunk driving defense lawyer, I have represented may clients who have made the mistake of drinking too much and getting into a vehicle. For most of them, it is the first and last time they do that. Whatever the reason, anyone who is pulled over for driving under the influence of alcohol or prescription drugs, I highly recommend that he or she seek profession legal advice from a qualified DWI defense attorney.

The following entries are typical examples of what happens when law enforcement officers encounter drivers that exhibit characteristics of drunk driving.

Morris County
In what likely was a case of underage DWI, Police were called to a Boonton Township residence on August 8 just before 3am by homeowners who were awakened by loud noises on their roof. The homeowner went outside before police arrived and saw several juveniles throwing eggs at his home. Upon seeing the homeowner, the juveniles drove off in an unidentified vehicle. When police did arrive, officers found several empty beer cans and empty egg cartons in the area.

A potential drug DUI situation reportedly involved three people parked in a vehicle in front of a vacant home on Rockaway Drive in Boonton on August 13. Police encountered the group in the late evening hours. Approaching the vehicle, Officers detected the odor of burnt marijuana coming from the car. They also saw a plastic bag containing marijuana in the rear passenger area. Police arrested the three individuals -- a 20-year-old from Parsippany and two 19-year-olds, one from Morris Plains and the other from Boonton Township -- and charged them with possessing less than 50 grams of marijuana and drug paraphernalia. Two marijuana pipes were also confiscated.

Continue reading "New Jersey DWI News: Morris County / Sussex County Police Arrest Log" »

South Orange -- An Essex County, New Jersey, resident was stopped by police around 1:30 a.m. on August 7 when and officer saw a car apparently speeding on Sloan Street, after which it poorly negotiated a left turn onto South Orange Avenue. After making the traffic stop, other officers arrived at the scene where they detected the scent of alcohol on the driver's breath indicating that the man was probably drunk. A passenger in the front seat also appeared to be intoxicated. Police administered a field sobriety test to the 43-year-old Maplewood resident, which he failed. The man became upset following the test. Police arrested him for DWI, took him into custody and impounded his vehicle.

South Orange -- On August 8, in the early morning hours, a patrolman noticed a vehicle parked in front of 67 South Orange Avenue with the motor running, headlights burning and right-front tire completely flat. On closer inspection, the officer could see that the 28-year-old Greenbrook, NJ, resident appeared to be sleeping. The officer attempted to awaken the man, who became somewhat responsive after several minutes. Interviewing the conscious driver, the police officer could detect the odor of alcohol on the man's breath. Other officers were called to the scene and the man was removed from the vehicle and given several field sobriety tests, all of which he failed. Police arrested the man and transported him to headquarters where a test for blood alcohol content (BAC) showed a reading of 0.13 percent.

Madison -- A 49-year-old Irvington resident was stopped for careless driving by local police officers late in the evening of July 31. During the traffic stop, officers noticed that she was inebriated, after which she was charged with drunk driving and later released to a family member.

Madison -- An older Chatham man was arrested in the early morning of July 28 after Madison police noticed a vehicle on Main cross over the yellow line and crash into a curb. Officers pulled the car over on Cook avenue and saw that the 76-year-old driver was noticeably intoxicated. The man was taken to police headquarters where he was charged with DWI, careless driving and failure to keep right. He was subsequently released to a friend.

Madison -- The next day, a 52-year-old Morris County man was arrested for drunk driving in the late evening. Following the traffic stop, police found drugs on the driver as well as drug paraphernalia. The man was charged with driving while intoxicated, possession of possession of a drug in a motor vehicle, possession of less than 50 grams of marijuana, possession of drug paraphernalia and careless driving. The man was later released to a friend pending a court appearance.

Police Blotter: Two DWI Arrests, SouthOrange.Patch.com, August 11, 2009

Police Blotter, DailyRecord.com, August 7, 2009

West Windsor Township -- In a potential marijuana DWI traffic stop a 17-year-old Hamilton, New Jersey, resident was stopped on a Saturday night along Route 1 by police for a routine traffic offense. The teenager was found to have a small amount of the controlled substance, or weed, in his vehicle and charged with possession of less than 50 grams of marijuana. After the stop, which occurred near Emmons Drive, the man was placed under arrest and taken to police headquarters for processing. He was later released to the custody of his mother.

West Windsor Township -- Two potential drug DUI arrests were also made on Route 1, just days apart. A 29-year-old Hamilton man traveling southbound was pulled over on a Sunday morning for a traffic violation near Quakerbridge Road. During the stop, officers discovered a small amount of cocaine in the car. The man was subsequently charged with possession of that controlled substance. Several days later, a 21-year-old resident of Trenton, New Jersey, was stopped in the early morning hours for a traffic infraction near Meadow Road. Following the traffic stop on the northbound side of Route 1, police found evidence of drugs and charged the man with possession of cocaine.

Plainsboro -- On an early Friday morning, a Willingboro resident traveling in a 2004 Acura was stopped for doing 75mph in a 55mph zone on southbound Route 1. The 23-year-old man, who was found to be intoxicated, was charged with drunk driving, speeding, reckless driving, failure to maintain a single lane and failure to carry auto insurance. He was released pending a future court date.

Plainsboro -- A 22-year-old man from Monroe, NJ, was charged with DWI after a traffic stop on eastbound Scudders Mill Road in the early morning hours. Police pulled the man over for running a red light and failure to maintain lane. He was placed under arrest and charged with DWI, reckless driving, failure to observe signal and failure to maintain lane.

Plainsboro -- A Jackson man was charged with driving under the influence of alcohol following a Wednesday evening traffic stop along westbound Plainsboro Road. An officer observed the 50-year-old driver apparently unable to maintain his lane of travel. The driver was subsequently pulled over and issued several field sobriety tests, which he failed. Deemed to be intoxicated, police arrested the man and charged him with DWI, reckless driving, failure to maintain lane and failure to wear a seat belt.

POLICE BLOTTER: Princeton, West Windsor, Plainsboro, CentralJersey.com, July 6, 2009

Mount Olive
A 57-year-old Hackettstown woman was stopped by police last Saturday and charged with driving while intoxicated, failure to stay within her lane, and reckless driving. The drunk driving arrest occurred in Morris County, New Jersey, following a traffic stop on Oakwood Drive. The lady was released and currently has a court appearance pending.

Several potential drug DUIs recently occurred this past weekend. The first involved a 17-year-old juvenile from Long Valley, NJ, who was stopped by police for failure stay within his lane, as well as drug possession in vehicle. The stop took place on Route 46, after which the young man was released to one of his parents.

A second incident involved another 17-year-old male -- a resident of Randolph -- who was charged for allegedly possessing marijuana in a motor vehicle. According to police, officers were checking on a parked car in Flanders when they encountered two teenagers as well as a small quantity of the drug, plus a pipe. Both youngsters were subsequently released to their parents.

The third incident involved a 27-year-old resident of Alexandria, Virginia, who was charged Saturday with possession of marijuana, khat and drug paraphernalia after a traffic stop on Route 46. According to police, the man had a bag of suspected marijuana, rolling papers, an open container of cognac and khat. Khat, a stimulant derived from a plant native to East Africa, is classified as a Schedule III drug in New Jersey and its possession is illegal. Additionally, the man was charged with careless driving, failure to maintain lane and possession of an open alcoholic beverage in a motor vehicle. He was taken to the Morris County jail with bail set at $75,000.

Boonton
A 70-year-old man from West Milford, NJ, was pulled over by police in the late evening of June 30 on suspicion of drunk driving. He was charged with DWI, reckless driving, and failure to keep right, as well as disregarding a traffic signal. Following the arrest, he was released pending an appearance in municipal court.

A 26-year-old resident of Denville was charged with drunk driving, as well as possession of drug paraphernalia and a hypodermic needle after he apparently lost control of his vehicle in a Walmart parking lot. According to police, the man crashed his vehicle into signs and concrete islands in the parking lot on June 27. He was later released pending a municipal court appearance.

Police Blotter, DailyRecord.com, July 7, 2009

As a New Jersey resident, have you been issued a summons for possession of marijuana, or weed, in a motor vehicle? Or worse, been charged with drug DUI, or DWI, involving marijuana? With the likely increase in the legal use of medical marijuana in New Jersey and other states, it is conceivable that use of this drug may become more prevalent. Meanwhile, there is obviously a steady illegal trade in marijuana ongoing now throughout the Garden State. As a drug, the use of marijuana can affect a person's ability to operate a motor vehicle.

If marijuana is found in your car, the police will usually issue a summons for possession in a motor vehicle. As experienced DWI and marijuana DUI defense attorneys, we at the Law Offices of Jonathan F. Marshall are fully prepared to defend you or a loved one in court. We know drunk driving and DUI law inside and out, which is why you can turn to us when faced with a driving under the influence or possession charge.

Under New Jersey law, persons are prohibited from operating a motor vehicle while knowingly in possession of marijuana. You should know that this law (N.J.S.A. 39:4-49.1) is directed at the driver of a vehicle and does not apply to the other occupants. In order to prove a violation, the state must establish several facts:

-- Operation of a motor vehicle by the accused
-- Presence of marijuana on the person of the operator or in the vehicle
-- Knowledge by the driver that he or she was in possession of the marijuana

Considering this, a driver has a good argument against conviction under the statute if he is not within wingspan of physically controlling the marijuana. An example of this is where the marijuana is on the person of a passenger.

How bad can a conviction be? If you are found guilty of possession of marijuana, as the operator of a vehicle, the most significant penalty is a mandatory two-year suspension of your driver's license. Unlike a drunk driving-related license suspension, the suspension for possession of marijuana in a motor vehicle means a complete and total exclusion from driving. Period. There are no special provisions under the law for a work license or a conditional driver's license. This is nothing short of an absolute suspension, which can seriously affect your life and your livelihood. Furthermore, there are fines, assessments and motor vehicle surcharges also attached to a conviction involving marijuana possession in a motor vehicle.

For these reasons, if you have been charged with violating N.J.S.A. 39:4-49.1, it is simply unwise to plead guilty to this offense. It is important to know that our attorneys have a very high success rate in helping clients avoid a conviction for this offense. Every lawyer at our firm has many years experience of defending drug charges and traffic offenses, including tickets for possessing marijuana in a car. We are available to assist you 24/7 at 1-877-450-8301. Call us for a free initial consultation today.