New Jersey DWI Lawyer Blog

With the coming holiday weekend police agencies around the Garden State will be on a heightened alert for partiers and other people driving while intoxicated between picnics and family gatherings. Regardless of the bad economy, drunken driving arrests and summonses are certain to increase in the next couple weeks.

As a New Jersey DWI defense attorney and drunk driver lawyer, my job is to help motorists who have been arrested by state police, municipal patrolmen and other law enforcement personnel for DWI and drug DUI traffic offenses. Many of these arrests occur at so-called sobriety checkpoints, which are frequently set up throughout the New Jersey area.

As part of the upcoming drunk driving enforcement campaign, known as "Over the Limit, Under Arrest," police units have taken to the streets in an effort to cut the instances of driving while under the influence of alcohol or prescription drugs.

According to news reports, law enforcement agencies are already conducting patrols and operating DWI roadblocks until September 6. Police officers in will be cracking down on drunk drivers as part of this summer's campaign. The state and local effort is designed to raise awareness about the dangers of drinking and driving through high-visibility police patrols and public education.

The New Jersey Division of Highway Traffic Safety typically provides grants to local law enforcement agencies throughout the state to run these programs. As one report mentioned, the state's traffic safety division said that last year New Jersey saw 185 fatal DWI-related car crashes -- according to reports, that number represents nearly a third of the almost 600 fatal accidents statewide in 2009. Authorities reported that nearly 70 of those alcohol-related deaths happened during the summer.

Over the Limit, Under Arrest, NorthJersey.com, August 26, 2010

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

Following a potentially deadly early-morning single-vehicle accident in Chatham Township, a Morristown man was arrested and charged with drunken driving. This kind of accident and subsequent DWI arrest is not uncommon, though in this case the man was perhaps lucky that he made it out alive. As a New Jersey drunk driving defense attorney, my main concern is to see that motorists get a fair shake in court.

The apparent drunk driving incident in question occurred around 1:30am in mid April, according to news accounts. Police had responded to a report of an overturned vehicle laying in the brook on Loantka Way in Chatham. Based on police investigation following the accident, the 37-year-old driver allegedly hit a utility pole with his car and then rolled into the nearby brook.

Shawn Beckler of Morristown had reportedly been traveling along Loantaka Way from Shunpike Road toward Spring Valley Road when he apparently failed to negotiate a curve in the roadway. Traveling straight, Beckler's vehicle struck a utility pole before hitting a fence and a stand of trees, then overturning and ending on its hood in the brook.

Officers arriving on the scene observed fallen electrical wires at the initial impact site. Following the damage to the brook, Officers Patrick Meade and Christopher Slayton located the car with the suspect still inside. According to police reports, Beckler was partially trapped underneath the vehicle.

Emergency crews from the Green Village Fire Department worked extricate the man, who was then taken to Morristown Memorial Hospital by the Chatham Emergency Squad for non-life threatening injuries. Based on news reports, Beckler was charged with DWI, reckless driving and failure to keep right.

Morristown man is charged with drunken driving after his car lands in a Chatham Township brook, NJ.com, April 15, 2010

An important part of a DWI arrest and conviction is proper police procedure. Before a law enforcement officer can stop a vehicle and its driver for drunk driving, there must be sufficient cause for the traffic stop to legally occur in the first place. This is why many drunken driving arrests happen following a seemingly routine traffic stop, such as an improper lane change, running a stop sign, or speeding.

As a New Jersey DWI defense lawyer and former municipal prosecutor, I understand the circumstances that can lead to an arrest for driving under the influence of alcohol or prescription drugs (also known as drug DWI or drug DUI). Because the police need to show sufficient cause for a traffic stop, this is an important element in any DWI prosecution or drunk driving defense.

A recent appellate court decision upheld a lower court ruling against a woman who was accused of driving while intoxicated in Florham Park, NJ, back in the summer of 2007. According to court records, Marylou Panza had appealed her drunken driving conviction and refusing a mandatory chemical test on the grounds that she had been stopped without reasonable suspicion of wrongdoing.

On July 21 of that year, the defendant was attending a local "movie night" in Florham Parka when a police officer assigned to crowd control observed Panza walking off balance and swaying at about 8pm. The same officer saw her again just before 10pm after being told that there was trouble at a popcorn stand. When the officer arrived, everyone on line pointed to Panza, who reportedly smelled of alcohol and had glassy bloodshot eyes.

Seeing the defendant again around 10:30pm, the officer suspected that she might be planning to drive with a child apparently in her care, so he called another officer to the scene to monitor her. When that officer observed Panza get into her car and drive off, he followed her and pulled her over in the next street.

According to police reports, the officer detected the smell of alcohol and observed Panza's glassy eyes. He asked her to perform the finger dexterity sobriety test, which she passed. She failed the one leg stand and walk and turn tests, however, so the officer arrested her on suspicion of DWI. She refused the Alcotest breath testing device three times at the police station.

Following her DWI conviction and refusal of the breath test, Panza appealed her conviction because the police did not have adequate grounds to stop her -- and therefore the evidence obtained from the stop should have been thrown out.

The key point here is that a police officer may stop a motor vehicle without violating a person's 4th Amendment rights if that officer has an "articulable and reasonable suspicion" of a violation of law by the driver or a passenger (Delaware v. Prouse, 440 U.S. 648 [1979]). This is a lower standard than "probable cause" which is required to make an arrest, yet still requires specific objective facts that would lead to the conclusion that the individual in question has broken a particular law.

Unfortunately for Ms. Panza, the appellate court found that the first officer's observations that Ms. Panza was walking off balance, that she smelled of alcohol, and that her eyes eyes were glassy were specific facts that reasonably led to the conclusion that she was intoxicated.

The court also acknowledged that the arresting officer was entitled to rely on the first officer's recitation of these facts in making the stop, and taken together with his own observations that she was driving made it reasonable to stop her. Her performance on the field sobriety tests was sufficient basis for the arrest for DWI. The Appellate Division thus upheld the conviction and affirmed the conviction, along with Ms. Panza's sentence and fines.

A recently passed law requires drivers under the age of 21 to place a red sticker on their vehicle's license plates. While the intent of the law appears to be a good-hearted attempt at traffic safety, as a New Jersey DWI defense attorney I tend to side with those claiming the $4 sticker will only invite unwarranted scrutiny and potential discrimination against a segment of the driving public.

When it comes to drunk driving enforcement, New Jersey State Police and municipal police officers are always on the lookout for motorists who may be operating their vehicles while impaired due to alcohol, prescription drugs or controlled dangerous substances (CDS). Young drivers who exhibit traffic behavior suggesting inebriation could quite possibly by singled out due to that red mark on their license plate.

According to an editorial, the new law that took effect on May 1 will must likely lead to discrimination against young drivers which probably wouldn't happen without a red dot. According to the author, New Jersey is one of the top ten safest states for teenage drivers. Referring to the 2001 law that established a curfew for teenagers and significantly decreased the teen driver accident rates, the editorial asks if there is any good reason to put another law into effect.

The law calls for $100 fine for any young driver who does not have the sticker on their plates. A percentage of students across the Garden State may feel that police will be prejudiced when deciding whom to pull over. While teenage driver accident rates due to distracted driving, alcohol use, speeding and other causes may be reduced somewhat, the law is likely to cause a lot of controversy.

Part of the uproar comes from those who point out that 18-year-olds are considered legal adults, so the law tends to separate these individuals from 21 and older adults. By 18, many students are heading off to college, living in dorms or apartments and are essentially functioning on their own. The author asks why this law should affect this small group of legal adults whose just happen to be younger than 21. This would result in subjecting adults to being treated as if they were still teenagers, when all of the while society continues to tell them to just grow up.

There are other concerns, such as making under-21 drivers more distinguishable to pedophiles, sex offenders and rapists who may tend to seek out younger people -- the red-dot sticker would only make it that much easier for criminals to prey on these individuals. The argument is whether or not traffic accident rates go down, will we see an increase in crimes against these younger people, such as rape and sexual assault.

Ultimately, the question is whether or not the effects of the law itself will be worse than the claimed improvements in traffic safety. With the law in effect, only time will tell if New Jersey's lawmakers have made the right decision.

A red dot on cars, HSJ.org, May 4, 2010

I would never suggest the kind of approach that one New Jersey resident used to complain about a police checkpoint that delayed him from visiting an ailing relative back in 2002. As a New Jersey drunk driving defense lawyer, my aim is to assist individuals in fighting DWI and drug DUI traffic citations. I will not argue that the sobriety checkpoints used frequently throughout the New Jersey area can slow down traffic and cause delays for numerous motorists.

The issue in this recently resolved case revolved around a non-drunk driving checkpoint that was set up in Mount Olive Township on August 4, 2002. For reference, DWI checkpoints, also known as drunk driving or DUI roadblocks are set up by local police departments to catch drivers operating their vehicles under the influence of alcohol.

According to a news report, William P. Duncan, Jr. was awarded $25,000 as a settlement for a suit he was pursuing against Mount Olive Township over the incident nearly eight years earlier. Based on reports, Duncan placed a 911 call to complain about a delay he suffered when trying to visit a local hospital to see a relative being treated there.

That non-emergency 911 call apparently prompted a police officer and township officials to press charges against the motorist. Court records show that Duncan spent two days in jail back in March 2004 due to the original incident. According to Mount Olive mayor, David M. Scapicchio, the recent settlement was reached because the township's insurance carrier recommended it was the best alternative.

News reports show that Duncan was driving to a hospital on August 4, 2002, to visit an aunt who had been taken there after falling down a set of concrete steps and breaking her hip. Traveling on Route 46, Duncan was stopped at a police roadblock by officers looking through car windows to search for contraband. Duncan became frustrated by the delay so he called 911 and used offensive language and asked the operator if they "lived in a Nazi state.''

Continue reading "New Jersey Driver Gets $25,000 from Mount Olive after 911 Complaint regarding Non-DWI Checkpoint" »

Regardless of jurisdiction, every police office must obey the letter of the law that they themselves are sworn to uphold. No ifs, ands or buts. As a former New Jersey municipal prosecutor, I have every respect for our men and women in uniform, but as a DWI defense attorney I am troubled by reports of police officers or other law enforcement professionals who break the law themselves.

All I can say is: When will these individuals realize that they need to be doing it better and cleaner than anyone else? As citizens, we all expect our public servants to provide good examples to us and our children. Recently, a news article once again reveals how even the best cops can risk losing it all for one too many drinks.

According to reports, a Port Authority police inspector has been suspended following her arrest in Morris County for drinking and driving. Captain Susan Durett, the highest-ranking female officer at the Port Authority Police Department was arrested around 10pm on a Friday night last month when another motorist called police to report a possibly intoxicated driver on Shunpike Road.

Responding to the call, police located the suspect's vehicle, which was traveling very slowly and crossing several times over the center line of the road, according to the police report. After being pulled over, Durett was given several field sobriety tests, which she apparently failed as officers then placed the suspect under arrest and brought her to police headquarters for processing. No blood-alcohol content (BAC) results were available at the time of the news article.

Based on reports, the 30-year veteran of the Port Authority police was suspended with pay and assigned to administrative work with no gun or badge, according to a Port Authority spokesman. Durett has been the department's highest-ranking woman since 2004 and she serves as an inspector, reporting to the assistant chief. The current length of her suspension was not known when the news reports came out.

Port Authority police inspector suspended after drunken driving arrest in Chatham, NJ.com, March 25, 2010, 6:39PM

The outcome of charges arising from a drunken driving arrest, like many offenses tried in court, can be influenced by numerous factors. These can include the police officer's initial evidence of intoxication, the breathalyzer or blood test results, circumstances surrounding the arrest and whether or not law enforcement personnel followed proper procedures when gathering or handling any evidence related to the DWI case.

When it comes to circumstances, it's critical to remember that how a motorist conducts himself can influence how the police react and how the court views the defendant in the courtroom. For many people, being drunk or even slightly tipsy can bring out hidden personality traits, so there is no telling sometimes how a motorist will act when pulled over for allegedly driving under the influence of alcohol, prescription drugs or marijuana, cocaine or other dangerous controlled substance (CDS).

While there is no guarantee that acting the part of a model citizen during a DWI or drug DUI traffic stop will gain you any points for style if and when your case goes to trial, it can't hurt either. Sometimes, accepting your circumstances is the best path, especially when dealing with a law enforcement officer.

A news article illustrated what can happen when a drunk driving suspect decides not to cooperate with the police. According to the reports, 54-year-old Gerard Stickroth was observed by police allegedly driving erratically on Flocktown Road in Washington Township.

When officers approached the vehicle, the Long Valley resident was attempting to exit his vehicle, which apparently got stuck in a snow bank during the traffic stop. Officers also detected the odor of alcohol on the man's breath. According to the police report, Stickroth stepped outside the vehicle and fell backward into the snow.

At that point, the officers tried to handcuff the suspect, but he physically resisted their attempts. A brief struggle ensued between the motorist and the cops, during which the man was forced to the ground and finally handcuffed.

Police transported the driver to Hackettstown Regional Medical Center for injuries he sustained as a result of the fall and because of his high level of intoxication. Police eventually charged him with driving while intoxicated and resisting arrest.

Long Valley man arrested on DWI charges after scuffle with police, NJ.com, March 2, 2010

In the early hours on a Wednesday morning, police observed a vehicle apparently being driven in an erratic manner. Pulling the car over to issue a traffic citation, the patrolman likely detected evidence of drinking and driving on the driver's part, after which the 20-year-old female resident of Greenvillage, New Jersey, was arrested for driving while intoxicated. The officer took the allegedly drunken driver to police headquarters and charged with DWI. She was released to the custody of a friend not long afterward.

In a potential case of drug DUI, a 19-year-old out-of-state woman was found by police to be in possession of possession of marijuana and drug paraphernalia following a routine traffic stop in the municipality of Madison, New Jersey. Although the officer in charge had originally stopped the vehicle apparently for a moving violation, he discovered that a passenger was in possession of a schedule 3 narcotic. The woman was transported to headquarters for processing and later released pending a court appearance.

During a routine early evening traffic stop for defective vehicle, a Madison, NJ, police officer apparently suspected that one of the passengers in the vehicle may have had some kind of controlled dangerous substance (CDS) on his person. The suspect, a 19-year-old Fairlawn man, was arrested and charged with possession of marijuana, possession of prescription legend narcotics, and possession of drug paraphernalia. Officers transported the man to headquarters for processing and then released him pending a court appearance.

Police officers pulled a vehicle over in the early morning hours on a weekend for an apparent motor vehicle violation. During the traffic stop, police detected evidence of alcohol consumption with the 42-year-old driver of the vehicle. The local Madison man was charged with operating a vehicle while under the influence of alcohol. He was arrested and taken back to the police department for booking. In addition to DWI, the man was issued citations for careless driving and improper use of headlights.

On the same morning, a 20-year-old resident of Lebanon, NJ, was stopped by police for a routine traffic infraction. During the traffic stop, the officer made a determination that the driver was operating his car while intoxicated. The man was taken to police headquarters and charged with DWI, under-age possession of alcohol, refusal to submit to a breath test, and also speeding. A mandatory court appearance is pending.

Madison Police Blotter, TheAlternativePress.com, March 22, 2010

As a New Jersey drunk driving defense attorney, I understand how alcohol -- beer, wine, hard liquor and other adult beverages -- remains the so-called legal drug of choice for most people. Other illicit drugs such as marijuana, cocaine, meth and illegally procured prescription medications are the other side of the coin.

Regardless of the type, society, the courts and the police have made it clear than any substance that impairs motor skills when driving is deemed a threat to the public's safety. That is why we have DWI laws and drug DUI statutes as well. Being stopped by the cops for driving while intoxicated, whether due to home-brewed ale or home-grown weed will likely get you arrested.

Having a qualified drunk driving attorney at your side is one of the better strategies in cases such as this. A recent news story coming out of Mount Olive, NJ, illustrates the kind of arrest that happens many times over during the year. According to reports, an out-of-state motorist was pulled over for a routine traffic violation -- a broken windshield and an obscured license plate.

During the traffic stop, police allegedly discovered marijuana and crack cocaine in Joseph Kacmarik's vehicle. Doing a background check, police discovered that the Pennsylvania resident previously had his New Jersey driving privileges suspended.

As the suspect got out from his car, officers noticed what looked like marijuana on the driver's seat. Based on this suspicion, police searched the vehicle and came up with a glass pipe that reportedly had burnt crack cocaine residue in it.

Kacmarik was ultimately charged with possession of crack cocaine, possession of marijuana, possession of drug paraphernalia, possession of a controlled dangerous substance in a motor vehicle, unsafe vehicle and cracked windshield. Kacmarik was transported to the Morris County Correctional Facility in lieu of $25,000.

Mount Olive arrests Pennsylvania motorist on drug charges, NJ.com,
March 19, 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

A resident of Oak Ridge, NJ, was recently given three years in jail for a May, 2009, drunk driving accident that left a 71-year-old newspaper delivery man with multiple injuries. As a New Jersey DWI defense attorney, my firm handles drunken driving cases through the Garden State. I know from experience that severe injury accidents involving alcohol can land a motorist in prison very easily.

In this particular case, the defendant was found guilty of operating a motor vehicle while intoxicated. Furthermore, the man had apparently tried to elude Jefferson Township police while driving drunk a second time months after the accident, something that never improves one's chances in court. As a former municipal prosecutor, I understand the strategies used by prosecuting attorneys when it comes to DWI offenders.

According to news reports, Superior Court Judge David Ironson sentenced 23-year-old Ibrahim Hasan to three years in prison for having deprived the victim, Oak Ridge resident Jerry Begley, of what should have been his golden years.

The defendant's attorney had requested a sentence consisting of a long-term, in-patient substance abuse therapy and probation, instead of prison. Apparently the judge turned down that request.

At the time of the accident, Begley was reportedly a subcontractor who delivered the Daily Record and other newspapers. He was on his way from his Oak Ridge home to retrieve newspapers in Hibernia when the defendant crossed into his lane on Berkshire Valley Road around 1:30am on May 5, 2009. The cars collided head-on. Hasan reportedly had a blood-alcohol content (BAC) of 0.13 percent following the collision.

Police reports show that Begley was extricated by rescue workers, who cut him out of his vehicle. He reportedly has undergone multiple surgeries to repair breaks in his legs, pelvis and arm, as well as to mend his hips.

In his second instance of drunk driving in July of last year, Hasan apparently eluded police for five miles on a motorcycle after an officer signaled him to pull over for having a broken taillight. He was driving 62mph in a 45mph zone, and found to have a BAC of 0.15 percent after being stopped by police.

In addition to his prison term, Hasan was ordered to pay $2,591 in restitution to Begley and another $2,160 in fines. His license was suspended by the judge for two years.

Oak Ridge man gets prison for drunken crash, fleeing police, DailyRecord.com, March 12, 2010

A Morris County jury recently convicted a Dover, NJ, resident in connection with the April 2006 deaths of two teenage girls. As a result of the guilty verdict for aggravated manslaughter, the defendant Eugene Baum, Jr. could be looking at a maximum of 60 years in prison for the fatal drunk driving-related accident.

As a New Jersey DWI defense attorney, my law firm handles cases not unlike this one on a regular basis. Because of the facts in the case, it's not surprising that the prosecutors would be seeking the maximum sentence of 60 years in jail for the defendant. According to news reports, the accident occurred in Kinnelon, NJ, on April 20, 2006, when Baum ran over the two cousins while operating his vehicle in an apparent drunken stupor.

News articles stated that the jury deliberated for three hours before declaring the 48-year-old Dover resident guilty of two counts each of aggravated manslaughter and death-by-auto. Following the guilty verdict, the Morris County Prosecutor said his office would seek a 60-year sentence -- 30 years apiece for the aggravated manslaughters. The accident took the lives of 16-year-old Athear Jafar and 15-year-old Mayada Jafar.

In order to attain an guilty verdict on the counts of aggravated manslaughter, Morris County prosecutors had to prove that Baum was not only reckless but acted ''under circumstances that manifested an extreme indifference to the value of human life.'' They also had to find there was a probability that death would occur by his conduct. For jurors to find the defendant guilty of the death-by-auto charges, which carry punishment of up to 10 years in prison, they had to decide if Baum acted recklessly.

According to police, Baum's blood-alcohol content following the accident was 0.305 percent, or nearly four times the legal limit of 0.08 percent. Court records show that the man drove while intoxicated on vodka nearly 15 miles from his home in Dover and struck the girls from behind as they walked on the shoulder of the road. He never used his brakes, according to court documents.

Dover man convicted in teens' DWI deaths, faces 60 years in prison, DailyRecord.com, February 19, 2010

A Union County resident was recently arrested for driving under the influence of alcohol and possession of illegal drugs following a Denville, NJ, traffic stop. According to reports the driver apparently left the scene after being stopped by Denville police. He then proceeded toward Roxbury where local police say the man crashed his vehicle trying to avoid capture.

Being a drunk driving defense attorney practicing in Morris, Union and other counties throughout New Jersey, I know that any attempt to evade or lead police on a chase will only make things worse once they catch up with the suspect. Indeed, it is a rare drunk driver who can out-think or out-drive any of the Garden State's law enforcement professionals. Better to accept your situation rather than make things worse than they already are.

In this particular case, the driver ended up crashing his GMC Envoy in the municipality of Roxbury and he still was arrested for DWI and drug possession. According to news articles, the incident started with Denville authorities attempted to pull over 36-year-old Manuel Mosquera around 3pm on February 12. The man apparently tried to evade the Denville officers before they could get him to stop his vehicle.

Roxbury Patrolmen Richard Ricco and Mike Fournier, who were in the vicinity, heard the Denville alert regarding the fleeing driver. Soon after, the officers spotted Mosquera's sport utility vehicle driving along Route 10 near Hillside Avenue. Police reports indicate that the vehicle had a broken brake light and was drifting onto the roadside shoulder.

The Roxbury patrolmen pursued the suspect off of Route 10 and onto Commerce Boulevard where it reportedly struck two vehicles that were waiting to make a left turn on to Commerce. The suspect then continued across the street, jumped the curb, continued into a wooded area and eventually hit a tree.

Police arrested Mosquera, who admitted to drinking rum and injecting cocaine. Officers later found a hypodermic syringe on the floor of the vehicle on the driver's side. The man was charged with eluding police, being under the influence of a controlled dangerous substance, possession of a syringe and drug paraphernalia, having an open container of alcohol in a motor vehicle, possession of CDS in a motor vehicle, failure to yield, failure to signal, driving while under the influence, reckless driving, consumption of an alcoholic beverage in a motor vehicle, lamp maintenance and failure to maintain a lane.

Cops: Driver fleeing police was drunk, high on cocaine before Roxbury crash, MyCentralJersey.com, February 16, 2010

Leaving the scene of an accident is one of the many mistakes that motorists can make following an automobile wreck. As a New Jersey drunk driving defense attorney and former municipal prosecutor, I understand how certain facts can influence the decision of a drunk driving court judge. While one's first reaction to something as traumatic as a car collision is to avoid the scrutiny of a responding police officer, the ramifications of leaving the scene of an accident can be quite severe.

Especially where alcohol is involved, police agencies and the courts have become very critical of motorists who flaunt the law to their own advantage. Recently, a Parsippany resident who was later accused of a drunk driving-related car accident allegedly fled the scene; turning a bad situation into an even worse one.

According to news reports, 48-year-old Elizabeth Stockinger was arrested around 1pm on January 29 after she apparently drove her 1993 Mercury Sable into a second vehicle on East Halsey Road. Immediately following the collision, the woman reportedly drove away in the direction of Pomeroy Road. Based on police reports, Stockinger crossed the double yellow traffic line prior to the accident while trying to make a left-hand turn.

Police say that Stockinger's car, which had sustained heavy front-end damage, was observed by a Parsippany police officer who reported that the vehicle was traveling along Pomeroy Road shortly after the accident. In an apparent effort to evade the police officer, Stockinger drove her vehicle in reverse for a short distance, but did not get far as the street she was on is a dead end.

Police eventually caught up to the driver and she was charged with driving while intoxicated, reckless driving, refusing to submit to breath testing, having open alcohol containers in a motor vehicle, leaving the scene of an accident, failing to yield right of way and failing to report a motor vehicle accident.

Parsippany woman accused of DWI, leaving scene of accident, NJ.com, February 2, 2010