New Jersey DWI Lawyer Blog

LyndhurstA 56-year-old out-of-state woman was arrested and charged with DWI after she apparently left the scene of a minor accident. According to police reports, officers were called to the scene of a motor vehicle accident on a late Monday afternoon, from which one of the drivers had subsequently left. At nearly the same time, police received reports of an allegedly intoxicated person in a Quality Inn parking lot across the street from the accident. The woman was taken into custody and eventually released on summonses.

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

East Hanover, New JerseyA 35-year-old Elmwood Park woman was issued a summons for drunk driving as well as leaving the scene of an traffic accident after she reportedly hit another vehicle along Rt. 10 near the Algonquin Pkwy early last month. A Hanover police officer as well as several other patrolmen from East Hanover were called to the scene of the accident where the driver was arrested on the spot and taken to headquarters for a breathalyzer test. According to news reports, the woman refused to take a blood-alcohol content (BAC) test at the police department, after which she was issued additional summonses for refusal to submit to a breath test, careless driving, reckless
driving and failure to report a motor vehicle accident.

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

Anyone considering driving under the influence of marijuana should definitely understand the law here in the Garden State. In fact, anyone who knowingly is in possession of pot, weed or hash while operating a motor vehicle runs the risk of being arrested and charged with a violation of New Jersey law, specifically N.J.S.A. 39:4-49.1 - this is no joke. The cops will arrest you and local prosecutors will push for a conviction.

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

Times change, as they say, and nothing indicates change like the increased use of medical marijuana as well as illegal pot. Although many states around the nation have passed medicinal marijuana laws, state law enforcement agencies and local police are still stopping individuals who are possibly impaired due to driving while under the influence of a controlled dangerous substance (CDS), in this case marijuana or weed.

Whether a driver is actually impaired due to smoking hash or cannabis (drug DUI), or because of alcohol consumption (DWI) or just drowsy behind the wheel, traffic enforcement officers will likely key on possible erratic driving behavior or a defective vehicle equipment as justification for a traffic stop.

Since marijuana is one of the most common drugs encountered in the New Jersey area, marijuana possession arrests are relatively common. Possession in a vehicle is a chargeable offense and usually requires the services of a qualified drunk driving and DUI defense attorney.

• The questions that anyone arrested for marijuana possession should include the following:
• Did the officer have probable cause before he pulled you over?
• Did officers conduct a proper search of your vehicle (or person)?
• Can a local prosecutor actually prove possession or control of the pot discovered?
• Did law enforcement officers maintain a proper chain of custody and testing of the marijuana?

When it comes to proving possession, there are two types: actual and constructive. In cases where the state is trying to prove an individual was involved in the distribution of marijuana, it is essential for prosecutors to establish possession of the marijuana in question. It's important to understand that actual possession is literally the physical control of the marijuana coupled with a so-called awareness that the substance in question is, in fact, pot.

On the other hand, constructive possession constitutes an individual being aware that he or she is in the presence of the drug -- including the intention of possessing and the capacity to control the substance. Any individual accused of this must have the power and purpose to exercise control of the marijuana to be in constructive possession.

Of course, being arrested for possession of marijuana in a vehicle can result in a mandatory two-year driver's license suspension. And unlike a drunk driving-related suspension, possession of marijuana in a motor vehicle means a complete and total exclusion from operating a motor vehicle. Understand that when it comes to possession of pot in a car there are no special provisions under the law, such as a work license or a conditional driver's license. This is in addition to fines, assessments and other surcharges that inevitably are attached to a conviction involving marijuana possession in a motor vehicle.

Defending motorists accused of drunken driving can involve multiple factors, such as how the arrest was conducted, whether or not an Alcotest or other breathalyzer blood-alcohol content (BAC) test was performed, what kind of field sobriety test(s) were administered, and in which municipality the alleged DWI took place. As New Jersey drunk driving defense lawyers, my staff and fellow attorneys understand the ins and outs of DWI prosecution here in the Garden State. The following are some examples of the types of cases that are heard daily in our municipal courtrooms across the state.

Little Falls Car Crash and DWI, Marijuana Possession Arrest
Little Falls police officers were called to respond to a traffic accident on Main Street near Brookside Ave. According to news reports, a motor vehicle driven by a 19-year-old Fairfield, NJ, resident apparently ran into a utility pole. During the investigation, officers noticed that the driver had outward signs of being drunk and under the influence of alcohol. The driver was arrested for operating a vehicle while intoxicated as well as possession of marijuana and drug paraphernalia in a vehicle.

Montclair Police Charge Motorists with Drunk Driving
A 27-year-old North Plainfield man and a 20-year-old Newark resident were arrested in separate DWI stops during the early morning hours. The North Plainfield driver had stopped his vehicle in the intersection of Forest Street and Claremont Avenue for no apparent reason, while the Newark man hit a curb, drove onto a local resident's front lawn and destroyed some shrubs as well as hitting a PSE&G utility box. The Newark suspect apparently left the scene, but was found and charged with DWI.

A few days later police stopped a motorist driving a Cadillac in an erratic manner along Elm Street. The driver reportedly almost hit a curb as well as another vehicle parked on the street. Officers found an open bottle of beer in the car. The driver was given several field sobriety tests, which he reportedly failed. The man was issued summonses for drunk driving, careless driving and possession of an open alcoholic beverage container in a motor vehicle.

Teen Charged with DWI and Leaving an Accident Scene
Responding to a report of a driver needing assistance, police officers came upon a single-vehicle crash. According to news reports, police arriving in the area of Watchung Rd. and Wildwood Dr. in the early morning hours found the front lawn of a local residence. The responding officers found damage to the front lawn including a trail of automotive fluids leading about 60 ft. to an apparently abandoned car with a damaged front end. Tracing the vehicle back to the owner, police charged an 18-year-old for allegedly driving while intoxicated, plus careless driving and leaving the scene of an accident.

Little Falls: Police Blotter, NorthJersey.com, April 8, 2010

Montclair Police Blotter: DWI, Vandalism, Thefts, Baristanet.com, April 13, 2010

Police charge town teen with DWI, NorthJersey.com, May 13, 2010

Marijuana and Drug Possession in a Vehicle
While not an instance of drug DUI, an Elizabeth, NJ, man was arrested on a Sunday evening after being stopped for driving with an obstructed view Law enforcement officers will usually use a common traffic infraction, such as incorrect lane change or inoperative brake light, to initiate a traffic stop that might result in a further drunken driving or prescription drug DUI arrest. In this particular case, the officer charged the driver with possession of marijuana, possession of drug paraphernalia including a hypodermic needle, and possession of suspected Oxycodone. The man was also served with summons for operating a motor vehicle with an obstructed view, driving under a suspended driver's license, not to mention possession of a controlled and dangerous substance (CDS) in a motor vehicle.

Drunken Driving Arrest following Accident
A Plainfield resident was stopped in the early morning hours following the reports of an accident at South and Hollywood avenues just before 3am. Police officers found a 23-year-old driver at the scene and apparently detected the smell of alcohol on the motorist's breath. The driver was arrested and charged with driving while intoxicated and careless driving.

CDS Possession in a Vehicle
A Newark driver, whose vehicle apparently looked very suspicious, was pulled over by a Cranford police officer on the grounds that the vehicle had illegally tinted car windows. During the traffic stop the officer noticed evidence of marijuana and smoking paraphernalia inside the 25-year-old's vehicle. The driver was arrested and charged with possession of marijuana in a vehicle, as well as possession of drug paraphernalia.

In a similar incident, an 18-year-old Hillside driver, who had a juvenile passenger riding with him, was stopped around 11:30pm on a Thursday night on Cranford's North Avenue near Carpenter Place. Both the driver and his younger passenger were charged with possession of marijuana and paraphernalia.

CDS Drug Possession in a Vehicle
A Warren, NJ, resident was stopped for not having properly functioning rear brake lights on a Monday afternoon at the intersection of Raritan Road and Centennial Avenue. The routine traffic stop soon led to drug arrest when the officer noticed evidence of drug paraphernalia in the 44-year-old's vehicle. The man was arrested and charged with possession of heroin and possession of drug paraphernalia.

In another case of CDS possession in a vehicle, a man from Jersey City man was stopped by a traffic patrol officer for having illegally tinted windows during the early morning hours on a Saturday. According to police reports, the 34-year-old driver was stopped just after 2am Centennial Avenue. Noticing that the driver was apparently intoxicated, the officer also apparently saw some drug paraphernalia during the drunk driving arrest. The driver was charged with marijuana possession, possession of drug paraphernalia, not to mention driving under the influence of alcohol. Police also charged him with possession of a controlled dangerous substance (CDS) in a motor vehicle.

Cranford police make narcotics, DWI arrests, NJ.com, April 15, 2010

Some drug arrests have been known to start with a DWI or drug DUI traffic stop. There's usually some reason for the initial stop, but a driver speeding down the highway is not a hard mark for a drunk driving or traffic enforcement patrol. A recent news report from Bergen County, NJ, shows the lengths that local police officers will go to apprehend a suspected drunken driver. As a New Jersey DWI defense lawyer, my legal experience includes years of defending motorists charged with driving while intoxicated either by alcohol, illicit drugs or prescription medications.

According to reports earlier this month, law enforcement officers from a number of towns in the vicinity of Mahwah, NJ, joined in a high-speed chase that began when a 1992 Toyota Celica was observed speeding along Route 17 in Mahwah around 2:30am. At that time, Mahwah Police Officer Stacy Conley apparently attempted to block the vehicle by pulling his patrol car across the highway with lights on. However, the Celica avoided the officer by veering onto the shoulder and kept traveling southbound at a high rate of speed.

The Celica's driver, 26-year-old Shahan Momin, was eventually being pursued by police vehicles from Bergen County, Paramus, Rutherford and Lyndhurst. Toward the end of the chase, Momim reportedly tried to pull of of 17 onto Route 3 but lost control of his vehicle, which rolled several times ending up in an opposing lane of the roadway.

Police quickly swarmed the suspect's vehicle taking Momim into custody by Mahwah police officers. Momin, a New York resident, was transported by Lyndhurst EMS to Hackensack University Medical Center, where police said he was treated and admitted for serious back and arm fractures.

A subsequent search of the man's car turned up a1.5 pounds of marijuana as well as various pieces of pot paraphernalia in the trunk. During his hospital stay, Momim was given a blood-alcohol content (BAC) test which revealed he was legally intoxicated. He was also charged with operating a vehicle without insurance.

From the search, police added charges of pot possession with the intent to distribute. The man was also hit with charges of eluding police, DWI, speeding, unsafe lane change, failure to yield to emergency vehicles, reckless driving, having a controlled dangerous substance (CDS) in a motor vehicle, and being uninsured.

Mad chase leads to crash, DWI, lots of pot, CliffViewPilot.com, June 6, 2010

Marijuana CDS
In a possible drug DUI incident in North Arlington, NJ, two 20-year-olds in a light truck were stopped by a police officer who had been alerted by local residents to a possible marijuana drug deal going on in a local neighborhood. The traffic stop occurred on Belmont Avenue just before 4pm on a weekday. When the two men -- who apparently were passengers in the truck -- denied holding any marijuana, the officer told them that he would call in a drug sniffing dog to investigate. At that point, one man reportedly ran from the scene. He was eventually caught and arrested. Both he and the other 20-year-old were charged with possession of controlled substances and later released on summonses.

In Lyndhurst on a Saturday evening, police approached an apparently suspicious looking car that was sitting in a lot on Chubb Avenue. As officers approached the occupied vehicle, they could detect the reportedly strong odor of marijuana coming from the car. Based on police reports, a 15-year-old passenger and resident of Belleville, NJ, was charged with possession of marijuana.

Drunk Driving
In Rutherford, a 25-year-old woman was charged with DWI in the early hours on a weekday morning. The driver was pulled over after an officer noticed a cracked left taillight on her vehicle. The patrolman reportedly observed the woman's vehicle swaying and traveling over the speed limit on West Erie Avenue near Hackett Place. Failing to pass a field sobriety test, she was taken to headquarters where her blood-alcohol content (BAC) was measured at 0.18 percent. She was released to a responsible party.

In Lyndhurst a 53-year-old local resident was charged with DWI after he allegedly sideswiped a parked car on Kingsland Avenue late at night. Police allege that the man did not stop after hitting the car and refused a breath test when he was pulled over. He was issued a series of summonses, including DWI, leaving the scene of an accident, driving while suspended and operating an uninsured vehicle.

In another, early morning Lyndhurst traffic stop, police pulled over a vehicle on Riverside Avenue after officers observed the driver make a turn without signaling. Pulling over the 42-year-old Hoboken resident, officers noticed evidence of alcohol. The man was arrested and charged with DWI, as well as issued a summons for failure to signal a turn and for driving with a burned-out taillight. The driver was eventually released on summonses.

BLOTTER, LeaderNewspapers.net, March 25, 2010

BLOTTER, LeaderNewspapers.net, March 18, 2010

Lyndhurst: Police Blotter, NorthJersey.com, March 11, 2010

If the police find weed, cannabis, or marijuana in a motorist's vehicle they will most likely issue a summons for possession in a motor vehicle. While young drivers may not think anything of this, believe me when I tell you it is a serious offense; one for which you would do well to have a qualified DWI and drug DUI defense attorney by your side.

You may ask, why? First off, New Jersey law prohibits anyone from driving a car, SUV or truck while at the same time knowingly being in possession of marijuana. The key word here is knowingly, but that is another topic for another day. Suffice it to say, this law is directed at operators solely and cannot be applied to other occupants of the vehicle.

As New Jersey drunk driving defense lawyer, I have represented people accused of marijuana possession in a vehicle, as well as driving under the influence of a controlled substance and simple DWI. The penalty for marijuana possession in a vehicle includes a mandatory two-year license suspension.

Recently a young man was arrested by Mendham police on charges of marijuana possession in a motor vehicle, among others. According to news reports, the suspect attempted to eat the evidence to avoid being caught, however this strategy did not work out the way he planned.

The incident in question happened in the later morning on a Thursday while the young man was turning from Cold Hill Road onto Route 24. Based on police reports, 19-year-old Ryan Kuppersmith of Long Hill was pulled over after police noticed his rear-view mirror was obstructed.

The officer in charge stated that Kuppersmith did not stop immediately and was observed manipulating something inside the vehicle prior to pulling to the roadside. As the officer approached the suspect's vehicle he reportedly detected the odor of marijuana. During his interrogation of the driver, the patrolman could see what he assumed was marijuana stuck in the teenager's teeth and along his gums.

The assumption was that the man had had eaten the marijuana. As a result, Kuppersmith was charged with being under the influence of a controlled dangerous substance (CDS), possession of marijuana under 50 grams, possession of drug paraphernalia, hindering prosecution, obstructing administration of law, possession of a CDS in a motor vehicle, obstructed view and failure to exhibit proper documents.

Mendham police charge teen with eating marijuana stash while being pulled over, NJ.com, February 02, 2010

Defending motorists charged with driving under the influence of alcohol is a common sight in New Jersey municipal courts. Whether a person is arrested in Monmouth, Bergen, Ocean or any number of other counties throughout the Garden State, the routine is always the same: Contact a qualified and experienced DWI defense lawyer.

Being a New Jersey drunk driving defense attorney, I have handled dozens of driving while intoxicated court cases, as well as drug DUI and breath test refusal. Regardless of where you live, being arrested for DWI or for operating a motor vehicle under the influence of illicit or prescription drugs is a serious offense not to be taken lightly. The following arrest reports illustrate the kinds of cases we typically see.

Red Bank
Five individuals were arrested over the course of 10 days for driving under the influence of alcoholic beverages. The suspects ranged in age from 21 to 60 years old. Three of the arrestees were residents of Red Bank, NJ, while the other two were from other communities; a 21-year-old man from Eatontown and 51-year-old gentleman from Rumson, New Jersey.

Asbury Park
A 41-year-old woman from Freehold was pulled over by police on Main Street for a routine traffic violation. During the traffic stop, the officer in charge apparently detected some illegal drug paraphernalia in the vehicle. Upon further inspection, the patrolman found crack cocaine on the suspect's person. The driver was arrested and charged with possession of crack cocaine, possession of drug paraphernalia and motor vehicle violations.

Howell
A 32-year-old Lavallette man was pulled over on Strickland Road by police officers for what apparently was a routine traffic violation. During the stop, the police detected the scent of marijuana and found the driver in possession of less than 50 grams of the illegal herb. Police arrested the man and charged him with operating a motor vehicle in possession of a controlled dangerous substance (CDS).

Continue reading "New Jersey DWI Police Blotter: Drunk Driving and Drug DUI Arrests in Monmouth County" »

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