New Jersey DWI Lawyer Blog

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

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

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

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

There are always a few things that you don't want to happen when it comes to driving drunk here in the Garden State. First, underage drinking (and even underage possession of alcohol) should be avoided since it can affect a youngster's future without him or her even knowing it. Second, if one is bound and determined to operate a motor vehicle while under the influence of alcohol or prescription medication (drug DUI), don't hit a police patrol car or injure an officer while you're at it.

As New Jersey DWI defense lawyers, I and my staff of experienced drunken driving attorneys understand that kids experiment with all manner of things and activities. Some are harmless, some simply embarrassing; but drinking and driving as a minor can put a real dent in one's future. Of course, teenagers are not always receptive to this message, so it really goes out to all the parents.

This warning applies to families all across the state. Whether you live in Atlantic, Sussex, Ocean or Passaic County, DWI and drug DUI can be costly, not only financially but in terms of being potentially damaging to one's social standing and career prospects as well. For teens, an arrest for DWI or drug DUI can affect individuals in their adult years as well, which makes it advisable to contact a qualified drunk driving defense attorney to better understand the charges against your underage son or daughter.

Earlier this month, two teenagers ended up in trouble at one of the many roadside DWI checkpoints that appear from time to time across the state. This one, in Monmouth County, was about to go into operation by the Holmdel police. According to news reports, police were setting up the roadblock when the incident occurred just before midnight.

Continue reading "Monmouth County Drunk Driving News: Teens' Car Strikes Police Car at DWI Checkpoint, Officer Injured" »

All across the Garden State in counties such as Passaic, Bergen, Ocean and Union, numerous individuals are pulled over for traffic infractions while traveling on highways and surface streets. Many of these drivers are subsequently arrested on suspicion of driving under the influence of alcohol, and sometimes prescription meds or even illicit drugs (drug DUI).

Whatever the circumstances, it's a fair bet that many of these people never imagined that they would be arrested or even charged with a DWI or DUI prior to being pulled over by the police. As New Jersey drunken driving defense lawyers, I and my colleagues can say with relative certainty that a percentage of motorists accused of DWI did not deserve to be arrested or served with a summons. Because of this, anyone who is charged with driving while intoxicated or otherwise impaired due to prescribed drugs or other substances, such as cocaine or marijuana, should consult with a qualified DWI attorney.

The following news items, pulled from the local Middletown, NJ, police blotter, represent the typical kinds of DWI and drug DUI arrests that occur every week in New Jersey. Although the location and specifics of each police arrest may change, the resulting fees, fines and penalties following a drunk driving conviction can be rather harsh, as can the reaction of one's friends, relatives and business associates; all the more reason to fight a DWI charge whenever possible.

Continue reading "New Jersey DWI-DUI News: Monmouth County Police Blotter Shows Drunk Driving Arrests in Middletown" »

As we mentioned a while back, it's relatively easy to get pulled over for a traffic-related offense here in New Jersey. In fact, something as minor as not making a complete stop at a controlled intersection, or not signaling a turn properly can result in a traffic stop. But it's after this initial police stop that can get a motorist in really hot water -- that is, receiving a summons for drinking and driving.

It makes little difference whether one is stopped for a non-working brake light or cracked windshield, if you live in Hudson, Ocean, Bergen or any of the other counties throughout the Garden State, chances are you will at one time or another be pulled over for some type of traffic infraction.

Once a patrolman has stopped a motor vehicle, the driver may be interviewed as to the reason for the offense. If the police officer detects alcohol or drug use, a whole other line of questions may ensue, which may or may not lead to an arrest for DWI or drug DUI. A percentage of traffic stops may result in some kind of marijuana-related charge, depending on the circumstances.

Not surprisingly, cannabis (or weed) is one of the more common illegal substances encountered by law enforcement officers patrolling this state's highways. Similar in nature to a drunken driving traffic stop, being pulled over and subsequently charged with a (marijuana-related) drug DUI, or simply possession of a controlled dangerous substance (CDS) like cannabis, is more common than many people may realize.

Continue reading "Monmouth County Drug DUI Update: New Jersey Drivers Arrested for Marijuana Possession -- Part 2" »

Fighting a drunken driving charge is serious business and should never be taken lightly. Guilty or innocent, anyone who has been charged with DWI or drug DUI (usually because of alleged impairment due to prescription medication) needs to understand that the financial and social implications of a drunk driving conviction can have long-term effects on an individual and his or her family.

Too many times, a defendant has stepped into a New Jersey courtroom without the aid of an experienced legal professional only to lose his case and be hit with heavy DWI-related fines and penalties. As New Jersey DWI and DUI defense lawyers, I and my staff know the ins and outs of the state's legal system, and drunken driving law in particular. As a former municipal prosecutor myself, I have first-hand experience from the other side of the aisle regarding the methods and tactics of the state's legal representatives.

As a cautionary note coming from one who knows the potential pitfalls of a poorly executed DWI defense, the last thing a defendant wants to have, in addition to an actual DWI arrest, is charges related to a fatal car crash allegedly occurring as a result of being impaired while operating a motor vehicle. Serious consequences can result from a conviction for negligent driving, vehicular assault, or manslaughter by motor vehicle.

According to news reports, an Ocean County, NJ, resident was recently indicted on the charge of vehicular homicide, as well as numerous other charges following a fatal car crash on the Garden State Parkway in Monmouth County last April. Based on police reports, 20-year-old Eric Pereira was allegedly intoxicated while using a cellphone and exceeding the posted speed limit when his vehicle rear-ended a van, which fatally injured a 43-year-old Middletown man.

Based on a joint investigation carried out by the NJ State Police and the Monmouth Co. Prosecutor's Office, the April 2 crash occurred around 11am as Pereira was headed south in the local lanes of the Parkway at what police describe as a "high rate of speed." According to reports, Pereira's vehicle hit the victim's van from behind, causing that vehicle to hit a nearby guardrail, flip over and slide into the Parkway's express lanes.

Continue reading "NJ Drunken Driving News: Ocean County Motorist Charged with DWI in Fatal Garden State Pkwy Crash" »

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

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

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

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

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

For anyone who thinks that having a can of beer, glass of wine or shot of whiskey while operating a watercraft in New Jersey waters is not the same as driving a passenger car after having a drink of alcohol, think again. New Jersey law enforcement agencies in Monmouth, Atlantic, Ocean and Bergen counties are serious when they say that boating under the influence (BUI) is just as serious as driving while intoxicated (DWI).

As New Jersey drunken driving defense lawyers, my firm offers consultation and representation to motorists and boaters who have been arrested for and charged with driving a car or piloting a boat while under the influence of alcohol. But it doesn't end there; motorists and boaters alike have been charged with other related offenses, such as possession of marijuana or other controlled dangerous substance (CDS). Like DWI, a drug DUI charge can turn into a conviction, which can result in heavy penalties and even jail time, depending on the circumstances.

Not long ago, a New Jersey boater was arrested following an apparent fatal BUI incident in Middletown, NJ. According to news reports, 39-year-old George Harrington was arrested in connection with a boating accident that allegedly caused the death of his only passenger on Saturday, July 23. Based on police reports, Harrington was charged with drunk driving on a portion of the Navesink River after the watercraft he was piloting struck a second boat carrying five other individuals.

Continue reading "NJ Drunken Driving News: Monmouth County Man Arrested following Fatal DWI Boating Accident" »

Here in the Garden State, drunken driving arrests are not uncommon, especially during the summer months when company picnics, family gatherings and friendly get-togethers are much more frequent. The point is, while being pulled over for driving under the influence may not be unusual during most of the year, getting a summons for DWI or breath test refusal this time of year can be downright predictable, at least to experienced drunk driving attorneys.

A range of alcohol- and drug-related arrests can be seen every week in the police blotter section of the news pages here in Monmouth County, as well as Ocean, Bergen and Middlesex counties. As professional drunken driving defense lawyers, I and my staff have seen our share of courtroom scenarios, from auto accidents allegedly caused by motorists accused of driving while intoxicated by beer, wine or hard liquor, to individuals arrested and charged with impaired driving related to prescription drug use (drug DUI).

And we are no strangers to defending drivers charged with DUIs allegedly caused by controlled dangerous substances (CDS) like marijuana. Whether the charge is DUI or simple possession of weed in a motor vehicle, anyone accused of these kinds of offenses should take very seriously the implications and potential penalties for a conviction on such charges.

Continue reading "Monmouth County Police Blotter: Red Bank Police Tote Up Drunken Driving Arrests in July" »

First off, and we've said it here countless times, whether a motorist is arrested and charged with DWI in Atlantic, Essex, Hudson or Bergen County, the consequences of a drunken driving conviction are the same across the Garden State and a conviction can be very damaging to an individual's personal relationships, business career and standing in his or her community. With that said, it's important to mention that being charged with DWI and being convicted for drunken driving are two separate things.

Drunk driving penalties aside, no one wants to have a DWI or drug DUI on their record. And while most people would choose to fight an impaired driving charge in court, the ones who go it alone take a big gamble without representation. In fact, there are instances where a motorist may not think that he or she has much to worry about because their breath test results were under the so-called legal limit of 0.08 percent blood-alcohol content (BAC), yet the prosecution may have the upper hand.

As New Jersey DWI defense attorneys, we know drunk driving law and see it in action on a daily basis. Being familiar with the various jurisdictions across the state can also be an advantage, although the law is the same regardless of the county in which one is arrested. We also handle drug DUI cases, which can include impaired driving while on prescription medication, as well as marijuana possession in a vehicle and other kinds of DUI, such as those cases related to use of controlled dangerous substances (CDS).

Continue reading "New Jersey Drunken Driving Update: Think You're Safe with a BAC Below 0.08 Percent?" »

As New Jersey drunken driving and drug DUI attorneys, my legal staff has a great deal of experience defending residents of Bergen, Middlesex, Sussex and Passaic County against charges of DWI and drug DUI, not to mention marijuana possession and related offenses. While the circumstances of each drunk driving case vary to a great extent, the consequences and potential penalties are usually more predictable.

Being DWI defense lawyers, we can say unequivocally that a drunken driving or drug-related DUI arrest, much less a conviction, can cause serious problems for many people in terms of their careers, personal relationships and standing in their neighborhood or local community.

The following news items from around Monmouth County are just several of the dozens of arrests that take place every day across the Garden State. They illustrate the variety of drunk driving and prescription medication DUI reports that police officer files on a daily basis. The resulting penalties for those individuals who are found guilty in a court of law can be costly in financial terms as well as changes that they cause to a person's livelihood and lifestyle.

In the early hours of a Sunday morning, a local police officer pulled a vehicle over along a stretch of Oak Hill Rd. after he observed the car had a headlamp, taillamp or marker lamp violation. Upon interviewing the 20-year-old local driver at the roadside, the patrolman apparently detected evidence of intoxication and/or alcohol consumption by the motorist. The man was subsequently arrested and charged with driving under the influence of alcohol. The suspect was taken into custody, transported to the local police department and processed. He was reportedly released pending a later court appearance.

Continue reading "New Jersey DWI Police Blotter: Monmouth County Drunken Driving and CDS-related Arrests in Middletown" »

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

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

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

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

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

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

Every day in the Garden State, local and state police stop drivers for a variety of traffic violations. Some of these individuals are suspected of drunken driving, arrested and charged with DWI, drug DUI, or possession of marijuana in a motor vehicle. As New Jersey drunk driving defense lawyers, our job is to represent people who feel they have been unjustly accused of driving under the influence of alcohol or prescription medication (drug DUI).

Many DWI or DUI arrests start out as a simple traffic stop conducted by a municipal patrolman or state trooper. Whether the incident occurs in Bergen, Ocean, Sussex or Atlantic County, the scenarios can be quite similar, although the particular details -- such as field sobriety test results, breathalyzer (or Alcotest) readings, or failure to submit to a breath or blood test -- vary between cases.

The following is a brief list from police blotters illustrating the kinds of drunken driving arrests that can happen from one day to the next. Not every person is guilty, but it is always advisable to consult with a qualified DWI defense attorney to understand your particular circumstances.

Middletown Township
A local police officer working an early morning traffic patrol responded to a report of a car crash along a stretch of Belmont Ave. where a motor vehicle had apparently hit a fence and subsequently left the scene of the accident. After a brief investigation, the officer cruised around the local streets looking for the suspect vehicle, which he allegedly found parked in from of a local residence. The 19-year-old owner of the vehicle was arrested and charged with DWI, reckless driving, failure to report an accident and open alcohol in a motor vehicle. The woman was processed and then released pending a court appearance.

During the early morning hours, Middletown Twp. Police officers responded to a report of an individual slumped over the steering wheel of a parked car. Arriving on the scene, the officers found a 41-year-old Hazlet, NJ, man in the driver's seat. Police reports indicate that the suspect had a strong odor of alcohol on his breath. The driver was subsequently arrested and charged with DWI, refusal to submit to a breathalyzer, driving under a suspended license and reckless driving. The man was processed and later released pending a mandatory court appearance.

Continue reading "Monmouth County Drunk Driving Police Blotter: Holmdel and Middletown DWI, DUI and Marijuana Arrests" »

Even in the best of situations, a routine traffic stop can lead to a charge of drunken driving. Here in the Garden State, local police departments and the State Police maintain drunk driving patrols along public roadways in Union, Atlantic, Ocean and Bergen County. It's not uncommon for a motorist to be stopped for a minor traffic violation and then to be arrested for driving under the influence of alcohol, prescription pills (drug DUI), or illicit drugs.

As New Jersey drunk driving defense lawyers, my firm has represented many drivers accused of intoxicated driving, operating a motor vehicle while impaired by a controlled dangerous substance (CDS), and breath test refusal. While our courts take a dim view of individuals who get behind the wheel when legally drunk, they certainly take notice of those drivers who cause a traffic accident while under the influence of beer, wine, hard liquor and even marijuana.

It's best to remember that being involved in an injury accident while potentially drunk will not win you any points with a judge. Not long ago there was a report of a traffic accident that sent two people to the hospital and resulted in one of the drivers being cited for DWI. According to the news, four individuals were hurt during the crash that occurred along a stretch of Rte 9 near Taylors Mill Rd.

According to police, 20-year-old Matthew Wasek was driving a Honda Accord southbound when he allegedly tried to execute an apparently illegal left turn onto Taylors Mill. As Wasek's vehicle turned, it crossed in front of an oncoming vehicle driven by a 19-year-old man from Middlesex. The force the crash caused a back-seat passenger in the Honda to be partially ejected from the sedan.

Police reports indicate that 18-year-old Andrew Oksman of Freehold Twp received numerous critical injuries in the collision. He was taken by emergency medical personnel to Robert Wood Johnson Hospital in New Brunswick. Another passenger, a 16-year-old girl, also in the back seat, was injured as well. She was flown by helicopter to Jersey Shore University Medical Center in Neptune, NJ, where she was listed in critical yet stable condition.

Wasek, who sustained minor injuries, was subsequently arrested by police and charged with intoxicated driving, under-age drunken driving, careless as well as reckless driving, and failure to yield right of way. At the time of the news report, an investigation was ongoing and police may have been considering further charges against the man.

Two critically injured in Manalapan two-car crash, DailyRecord.com, April 2, 2011

Earlier this year the courts were faced with a potential problem affecting the reliability of the Alcotest device, which is used extensively throughout New Jersey to measure the blood-alcohol content (BAC) of suspects arrested for alleged drunken driving. As many people know, breathalyzer machines provide one of the main pieces of evidence that a motorist was operating his or her vehicle under the influence of alcohol.

Although not used in all drunk driving cases, the use of these breath test devices make up a significant percentage of DWI convictions in Bergen, Middlesex, Ocean and Morris County.

As New Jersey drunk driving defense lawyers, I and my colleagues possess an extensive understanding of the Alcotest machine, its maintenance and operation. Certainly to have these devices under close examination raises many questions about those DWI convictions on which possibly faulty BAC measurements were based, in whole or in part.

According to news articles, some facets of the Alcotest machine's reliability were ordered to be re-examined by a Monmouth County court within two months from a state appeals court decision at the beginning of April. It was not unexpected that any ruling requiring further investigation into the quality of the device's measurement capability would likely cause a delay in the prosecution of DWI-related cases where the defense presented a challenge to the proper calibration of these machines -- specifically the quality of a temperature probe used to maintain proper operation of the Alcotest model 7110 MKIII-C.

Continue reading "Monmouth County Drunk Driving News: Court Revisits Reliability Issues with Alcotest Breath Test Device" »

As New Jersey drunken driving defense attorneys, my firm understands how dozens of drivers every week end up being arrested for driving under the influence of alcohol, controlled dangerous substances (CDS), and even prescription medications (drug DUI). It makes little difference where you live, be it Bergen, Morris, Atlantic or Middlesex County, the police are constantly on the lookout for potentially drunken drivers.

Over the years, driving while intoxicated (DWI) has become a serious offense in the Garden State, not to mention all across the U.S. Law enforcement agencies and the court system takes a dim view of motorists who get behind the wheel of a motor vehicle while under the influence of beer, wine and hard liquor. Of course, the state's strict enforcement of and penalties for drunken driving does not alter the fact that anyone arrested and charged with a DWI or DUI is considered innocent until proven guilty.

As a former municipal prosecutor, I am well aware of the procedures and strategies used by the state to gain a drunk driving conviction. The following news items are a sampling of typical DWI and DUI arrests that can lead up to possible convictions for impaired driving and breath test refusal, among others.

Bridgeton
In a possible case of marijuana possession in a motor vehicle, a 26-year-old local resident was allegedly sitting in a vehicle in front of his home when police officers approached the car. According to police reports, the suspect then got out of the vehicle, at which time the patrolmen observed a bag of what they suspected was marijuana hanging from his pocket. After searching the man's person, officers found additional marijuana on the suspect totally just over 30 grams. The man was arrested and charged him with possession of less than 50 grams of marijuana and possession of drug paraphernalia. He was placed in Cumberland County Jail in lieu of bail.

In another incident, a 41-year-old Bridgeton woman was involved in a traffic accident near the intersection of Burlington Ave. and E. Commerce St. According to police reports, the woman apparently left the scene of the crash on foot, but was apprehended a short while later. Officers apparently detected evidence of alcohol on the suspect's person and she was arrested and charged with DWI. No injuries occurred as a result of the crash and the woman was released on her own recognizance.

Continue reading "New Jersey DWI Defense News: Bridgeton and Holmdel Police Report DWI, DUI, Marijuana possession Arrests" »