New Jersey DWI Lawyer Blog

Being pulled over by a policeman in New Jersey while driving under the influence of alcohol can be just the beginning of a difficult and costly episode in one's life. Getting pulled over for DWI while visiting or just passing through the Garden State can mean a variety of things, not the least of which is denial of that individual's right to operate a motor vehicle in this state.

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

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

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

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

Continue reading "NJ Drunk Driving Update: How a New Jersey DWI Arrest Affects Out-of-State Motorists Caught Driving Under the Influence" »

When it comes to driving under the influence of alcohol on New Jersey's public roads, "tolerance" is by no means a word found in the vocabulary of the state's law enforcement community. Similarly the state has no patience for drinking and piloting a boat along the Garden State's coastline, its lakes or rivers and estuaries. DWI on the high seas, so to speak is just as serious an offense as here on land.

What's surprising is that boat owners don't always consider that the same standards which govern drinking and driving on public roads also apply to the operation of watercraft. Boaters must observe the same drunken driving laws as car, motorcycle and truck owners. Because of this, individuals who violate the DWI laws while boating are also subject to arrest for driving while intoxicated. And also included with this are those related offenses, such as prescription drug DUI and breath test refusal when the operator of a boat has a blood-alcohol concentration (BAC) in excess of 0.08 percent.

New Jersey's statutes governing operation of a boat while under the influence of alcohol or drugs are nearly identical to those that pertain to DWI with a motor vehicle. The penalties are also closely related. The implied consent laws that oblige a licensed driver to submit to a breath or blood test following a drunk driving stop also applies to the operator of a watercraft in New Jersey.

On the flip side, because the statutes are nearly identical between motor vehicle and boat operators, the approach to DWI defense is also quite similar. This fact means that a qualified and experienced drunk driving attorney can usually handle boating-related DWI cases with similar results -- certainly something to consider with the Fourth of July holiday just around the corner and summer coming into full swing.

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

Accidents happen, that's a fact of life. But fatal automobile accidents involving alcohol or drugs is another matter altogether. Last weekend, a 37-year-old man allegedly driving drunk hit a New Jersey family traveling on State Highway Route 9 near the intersection of Bennett's Crossing in Cape May County, killing a husband and father of three.

As a New Jersey DWI defense attorney, I have represented individuals caught up in similar accidents. Fatal auto accidents involving drug or alcohol intoxication receive very close scrutiny by law enforcement authorities. Having a qualified drunk driving defense lawyer working for you is essential in cases like this one. The facts of this particular case are difficult to dispute.

According to police reports, around 8:30 in the evening of September 5, John J. Lawless from Philadelphia was driving in the northbound lane of Route 9 approaching Bennett's Crossing in Lower Township, NJ. News accounts said that his car apparently failed to follow the slight curve in the road. Entering the southbound lane, Lawless struck, almost head-on, an oncoming vehicle driven by 50-year-old Fredrick H. Shelton.

Shelton's car, which was also carrying his wife and their 13-year-old daughter, was struck in the front driver's side, near the front tire. The force of the impact caused Shelton's car to spin partially into the Bennett's Crossing intersection where the vehicle came to rest facing north in the southbound lane of travel. Meanwhile, Lawless' vehicle continued past the intersection and came to rest facing westbound straddling the northbound and southbound lanes.

Paramedics arriving on the scene attempted to revive Shelton using CPR, however they were unsuccessful and the man was pronounced dead not long after. The man's wife, Sheri Shelton, was transported by the Lower Township Rescue Squad to the Atlantic City Regional Trauma Center where she was listed in critical condition following emergency surgery.

The Shelton's 13-year-old daughter was initially transported by the Lower Township Rescue Squad to Cape Regional Medical Center where she was stabilized then air lifted to Cooper Hospital in Camden New Jersey.

According to reports, the suspect had a strong odor of alcoholic beverage on his breath. He was transported to Atlantic City Regional Trauma Center and admitted to the hospital for injuries sustained in the accident. Lower Township Police Officers proceeded to Atlantic City Regional Trauma Center and retrieved blood samples from Lawless as part of the investigation.

According to new reports, Lawless' Pennsylvania driver's license has been suspended since 2001 and he had multiple arrests for driving while intoxicated in that state. Police have charged Lawless with one count of death by auto and two counts of assault with a motor vehicle. In addition, he has been charged with DWI, operating a motor vehicle with a suspended drivers license, reckless driving, and failure to maintain a single lane.

Man charged with DUI, vehicular homicide, ABCLocal.com, September 14, 2009

Being accused of drunk driving in New Jersey is a serious matter. Being charged with DWI as an out-of-state driver only complicates an already difficult situation. As New Jersey drunk driving defense attorneys, my firm is well versed in handling DWI cases for non-residents of the Garden State. A recent news article gives an example of how bad the situation can get for an out-of-state motorist arrested for driving while intoxicated. Fortunately there were no serious injuries or fatalities, which could have made things much worse.

According to police, a 22-year-old man was allegedly driving under the influence of alcohol when he hit two parked cars in Avalon, NJ. Police say that the Michael G. Leonard, a Pennsylvania resident, then proceeded to drive his 2006 Mazda sedan off the roadway and into a nearby driveway where the vehicle struck two additional cars. Upon reentering the roadway, according to authorities, Leonard hit three more vehicles. The incident involved a total of eight vehicles, including the suspect's, being damaged.

The entire event occurred in the early morning hours of Saturday, August 15 on the 1800 block of Ocean Drive in Cape May County. Receiving a call from local residents of a multi-car accident, police arrived at the scene and arrested Leonard for driving while intoxicated as well as careless driving. No other people were injured, although the man was taken to Cape Regional Medical Center in Court House, NJ, for treatment of minor injuries and released.

Motorists do not serve themselves well by drinking and driving. Incidents like the one reported here stand out in the eyes of local law enforcement authorities as well as the municipal courts that try such cases. Being a New Jersey DWI lawyer and former prosecutor myself, I know how the authorities approach a case like this one, which allows me and my firm to provide a comprehensive drunk driving defense for residents and non-residents alike.

Pennsylvania Man DWI Damages Eight Cars in Avalon, capemaycountyherald.com, August 17, 2009