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

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.

If you feel that because jail time can be attached to certain drunken driving convictions that it makes sense for drunk driving offenses to be categorized as crimes requiring a trial by jury, well, you're probably not alone. However, as stiff as drug DUI or DWI sentence can be in cases of driving under the influence of alcohol or prescription drugs, the Superior Court of New Jersey apparently believes the right to a jury trial is not usually called for, or so it would seem based on a recent decision by the high court.

The recent decision in New Jersey v. McLaughlin by the state's Supreme Court Appellate Division made this abundantly clear when Steven G. McLaughlin filed an appeal a DWI conviction he received after he was denied a jury trial five years back in Ocean County, NJ.

According to court records, Mr. McLaughlin was pulled over on suspicion of drunk driving in 2005 year when he was stopped for speeding in Brick Township, NJ. As a result of that drunken driving police stop, McLaughlin was arrested and charged with driving while intoxicated. His case went to court on September 21, 2005, which resulted in a conviction for DWI, speeding and reckless driving.

On appeal McLaughlin was again found guilty on all three counts and sentenced to 90 days in jail, plus another 90 days of in-patient treatment as a result of the DWI offense. There was also a 30-day concurrent sentence for his reckless driving conviction. The man's driver's license was suspended for 10 years and the court levied related fines and court costs against him. Prior his next appeal, McLaughlin's sentence and all penalties, except his revoked license, were suspended pending that court's decision.

On review of the case, the defendant's convictions were upheld in an unreported decision on June 13, 2007. It was at this point that McLaughlin applied to the Law Division for a jury trial on his DWI offense. Following oral arguments on October 10, 2008, the presiding judge denied the defendant's motion and ordering the immediate execution of the DWI and other sentences previously imposed.

The judge in the 2008 decision concluded that although the defendant indicated he faced serious quasi-criminal and civil consequences as a direct result of his original court hearing the law states that a defendant charged with DWI is not entitled to a criminal trial by jury. In short, drunk driving is not a criminal offense within the meaning of the New Jersey Constitution.

Continue reading "NJ Drunk Driving Defense News: Despite Potential Jail Time, DWI Not a Crime Meriting Jury Trial" »

A recent New Jersey appellate court ruling has opened the door to lawsuits from obviously intoxicated customers who purchase liquor prior to being involved in a DWI-related injury accident. The ruling essentially states that liquor establishments, such as beer and wine shops, are not protected under the same New Jersey statutes that prevent third parties from being sued by drivers found to be at fault in a car accident as a result of driving under the influence of alcohol.

The court explained its decision stating that drivers who endanger public safety by driving while intoxicated should be penalized by being stripped of their right to suing third parties, however those owners of stores licensed for the sale of alcohol have a legal obligation to avoid serving drunken customers and then allowing them to go forth and travel New Jersey roadways (Voss v. Tranquilino, No. A-5431-08T1).

It was suggested that the state legislature was likely wrong to have imagined that the instances of drunk driving on Garden State roads would have been reduced by essentially "immunizing" beer-, wine- and liquor-sales establishments from lawsuits filed by drivers arrested for DWI-related traffic offenses.

This recent ruling affirmed the right of Frederick Voss, a cyclist injured in an accident in Toms River back in 2006, to pursue this claim against Tiffany's Restaurant, which had served him while drunk thus contributing to the accident. Voss reportedly pleaded guilty to DWI as a result of that accident.

Tiffany's argued it was immune from suit and sought summary judgment. Ocean County Superior Court Judge John Peterson denied the motion and the appeals court affirmed.

The 1997 anti-drunken driving amendments to motor vehicle insurance law, at N.J.S.A. 39:6A-4.5(b), say a driver convicted of DWI in connection with an accident "shall have no cause of action for his or her injuries."

But this does not trump the Dram Shop Act, adopted 10 years prior, which protects the rights of people who suffer loss as a result of the negligent service of alcoholic beverages by licensed servers, the court explained. An interesting point here is that while typical suits against dram shops are usually brought by the victim of a drunk driver, the Dram Shop Law itself does not make a distinction between the victim or perpetrator of the accident.

The Voss decision is reportedly the first by a state appeals court to specifically deprive licensed premises of immunity in such cases. Regardless, the attorney for Tiffany's said that his client may appeal to the Supreme Court.

Drunken Drivers May Sue Dram Shops That Served Them Prior to Accidents, Law.com, April 30, 2010

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

As a New Jersey DWI defense lawyer, I can tell you unequivocally that running from or trying to evade the police due to a drunk driving stop or worse, a DWI traffic accident will in no way improve your chances in court. Being convicted for driving under the influence of alcohol is already a stigma in our society; the law these days is extremely harsh on violators, which makes any additional related offenses counter-productive at best.

Not long ago, a 22-year-old man was arrested for drunk driving as well as allegedly being involved in a single-vehicle traffic accident in Barnegat, NJ. According to news reports, the incident started with a call to police regarding a one-car collision on Route 532 in the early morning hours on a Sunday.

When the officers arrived, they found a Toyota Tacoma with severe front-end damage that had obviously crashed into a snowbank, however the vehicle was empty and there was no sign of the driver. Police also noticed that the vehicle's two front airbags had been deployed due to the impact.

Noticing footprints in the snow that seemed to lead away from the vehicle, officers called in the K-9 unit attached to the Ocean County Sheriff's Department for help in tracking the suspect. The effort was unsuccessful, however, and police gave up after an hour.

Several hours later, another patrolman found the uninjured driver, Ryan Rickmers, walking through the woods near his Ocean County home. According to police, there were no other occupants in the vehicle.

Patrolman Michael DiBlasi arrested the man on charges of driving while intoxicated, reckless driving, failure to maintain a lane, failure to report an accident and leaving the scene of an accident. He was released pending a court date.

Cops track driver after crash in Barnegat, charge him with DWI, APP.com, March 3, 2010

For drivers traveling in Cape May and surrounding New Jersey counties, news reports indicate that the Avalon Police Department and other law enforcement agencies are taking part in a DUI prevention campaign until March 17, St. Patrick's Day. Known worldwide as a day of celebration, Saint Paddy's Day can be a busy time for local police and state law enforcement agencies focused on arresting drivers found driving drunk, as well as violating other DUI and DWI laws.

As a New Jersey drunk driving defense lawyer, I have seen the effects of these enhanced enforcement campaigns. Many motorists are picked up on the road or at sobriety checkpoints, also known as DWI roadblocks. The penalties for drunk driving or drug DUI convictions can be very stiff and can also include jail time for repeat offenders. It's always a good idea to seek professional legal advice if you or someone you know is arrested or receives a summons for driving while intoxicated.

According to reports, the Avalon Police Department is currently participating in an impaired driving prevention operation until the 17th. It's no coincidence that this campaign coincides with St. Patrick's Day, which police know involves the consumption of alcoholic beverages by many motorists.

In order to help make the holiday safe for the driving public, the National Highway Traffic Safety Administration (NHTSA) has reportedly developed a safety program for local police agencies to put into effect during the month of March. This effort is based, according to the NHTSA, on statistics that show alcohol plays a major role in accident-related fatalities on St. Patrick's Day.

In 2008, 37 percent of motorists and motorcycle riders who were involved in fatal traffic wrecks on St. Patrick's Day had a blood-alcohol content (BAC) of 0.08 percent or more (0.08 is the legal threshold for being drunk in New Jersey, as well as other states around the country). According to reports, there were 134 fatal accidents on St. Patrick's Day in 2008, 50 of which involved at least one motor vehicle operator who was legally legally drunk at the time.

Police recommend the following steps to having a safe St. Patrick's Day:

• Plan a safe way home before the festivities begin
• Before drinking, choose a designated sober driver
• Leave your car keys at home
• If you believe you are impaired away from home, call a sober friend or family member to get a safe ride home
• If you know someone who is about to drive or ride while impaired, take their keys and help them make other arrangements to get to their destination safely

Avalon Police Will Take Part in DUI Prevention Campaign, CapeMayCountyHerald.com, March 03, 2010

Driving while intoxicated, DWI or driving under the influence, whatever term you use it all adds up to lost driving privileges and extensive fines, not to mention possible job loss and being disgraced in the eyes of your family or local community. Here in New Jersey, being convicted of a drunk driving charge can result in a range of possible actions by the court to punish the convicted drunk driver.

As a New Jersey drunk driving defense attorney my firm represents hundreds of individuals every year in cases of driving under the influence of alcohol. A number of these cases involve human as well as social costs. Even under the best of circumstances, the financial cost of a DWI conviction can result in expensive court fines as well as higher insurance rates for years to come.

The stigma alone of a alcohol-related DWI or drug DUI conviction can affect a person's standing in the community, possible loss of a job, or potential damage to relationships with family and friends.

A DWI conviction can be expensive. Fines and penalties for additional drunk driving convictions are large, but even first-time offenders can feel the sting. Below are just a few of the potential monetary costs that can be expected for a variety of drunk driving offenses, according to the State of New Jersey (Remember that jail time or community service may also be included if the court deems it necessary).

A first DWI offense will typically cost a motorist $250 to $400 in fines for a blood-alcohol content (BAC) of 0.08 percent or higher (but less than 0.10 percent). This fine rises to $300-$500 if your BAC is 0.10 percent or higher. Plus, there is an automobile insurance surcharge of $1,000 per year, which will last for three years.

Being convicted for a second DWI offense will get you a $500 to $1,000 fine, plus an automobile insurance surcharge of $1,000 per year for three years.

Conviction for a third DWI offense will result in a $1,000 fine, as well as an auto insurance surcharge of $1,500 per year for three years.

If you refuse to submit to a breath test, be prepared to hand the state between $300 and $500 for your first offense. This fine ranges between $500 and $1,000 for a second offense, and $1,000 for the third. In all instances, the insurance surcharge applies -- this will total $1,000 per year for three years for the first and second offenses; and $1,500 for the third offense. If you are convicted of driving on a suspended license due to a previous DWI your fine will typically be $500.

All of these fines are in addtioin to several other surcharges that the state applies to every DWI conviction:

• $100 -- Drunk driving enforcement fund
• $100 -- Motor Vehicle Commission restoration fee
• $100 -- Intoxicated Driving Program fee
• $50 -- Violent Crimes Compensation Fund fee
• $75 -- Safe and Secure Community Program fee
• $100 -- $50 for the state of New Jersey and $50 for the municipality in which the conviction was obtained

The coming holiday season is well known for its parties and family gatherings, and despite the poor economy drunk driving arrests are sure to surge during the next few weeks. In response, New Jersey DWI enforcement units are taking to the streets in an effort to reduce the instance of driving while intoxicated. As leading drunk driving defense lawyers, my firm has experience in a wide range of DWI and drug DUI defense. Recent news of the "Over the Limit, Under Arrest" campaign is evidence that drunk driving patrols will be working overtime in the Garden State.

According to news reports, law enforcement agencies across the state are already conducting saturation patrols and operating sobriety checkpoints, also known as sobriety roadblocks, as part of the nationwide drunk driving campaign. Enforcement will continue, say police, through January 3, 2010.

New Jersey's Division of Highway Traffic Safety is funding the local initiative, which began in 1999. According to reports, the division provides $5,000 grants to law enforcement agencies to cover overtime for those officers assigned to DWI patrols or checkpoints.

To illustrate the extent of the effort, 110 Jersey police agencies will receive grants, according to Pam Fischer, the division's director. The campaign will also include the New Jersey State Police.

A police spokesperson indicated that the holiday DWI crackdown will see officers on the street spending about four hours looking for "possible alcohol-impaired drivers" along with their regular patrols. "It's important that we keep everybody safe on the roads, especially near the holidays," said Vineland police Sgt. Vince Solazzo of the city's Traffic Safety Unit.

Police remind the public that last year, 11,773 people across the United States died in crashes involving a drunk driving, this is according to the National Highway Traffic Safety Administration (NHTSA). According to reports, New Jersey saw 165 people killed in alcohol-related crashes in 2008, down from 195 in '07.

Extra drunken-driving patrols coming to South Jersey, CourierPostOnline.com, December 8, 2009

As a New Jersey DWI defense lawyer, my firm's primary job is to provide comprehensive representation to drivers accused of driving under the influence of alcohol, prescription drug or controlled substances. While the act of driving while intoxicated is enough to get a motorist charged with DWI or drug DUI, compounding the offense by fleeing from or fighting with a law enforcement officer is never recommended.

A recent news article shows just what this kind of behavior will net someone. According to reports, a Jackson, NJ, man was pulled for alleged drunken and erratic driving in the early evening of October 4. Officers had observed Christopher Romano's Toyota Corolla crossing lanes and moving erratically, according to Captain John Rein.

Police reports state that as patrolman Austin Kenny approached the car he could smell alcohol and asked Romano to step out of the vehicle. Romano then allegedly tried to lock himself in the vehicle.

When the 28-year-old driver, a resident of Liverpool Court in Jackson, would not get out for the vehicle, Kenny and Sgt. Michael Zolezi attempted to remove him from the car in order to have the suspect perform several standard field sobriety tests. During the removal, Romano reportedly became belligerent and started to kick officers.

After detaining Romano, police charged him with two counts of aggravated assault, resisting arrest, obstruction, driving while intoxicated, refusal to submit to a breathalyzer test, reckless driving, failure to maintain a lane, and possession of an open alcoholic container in a motor vehicle.

For his trouble, Romano was also placed in the Ocean County Jail in Toms River in default of $100,000 bail. If there is a lesson in any of this it would be to follow an officer's directions and save your energy for your defense. Our team of drunk driving defense attorneys has experience with this type of case, which makes it all the more important to contact a qualified legal professional in the event you or someone you know is arrested for DWI.

Police: DUI suspect tried to lock himself in car when pulled over, CourierPostOnline.com, October 6, 2009

Comedian Artie Lange who was involved in a minor Ocean County car accident last July recently pled guilty in Toms River municipal court to drug DUI charges, according to news reports. The comic, who has made frequent guest appearances on Howard Stern's radio show, admitted to driving under the influence of a habit-producing drug in a minor traffic accident. The accident happened about 40 miles southeast of Trenton, NJ.

Whether it's DWI or drug DUI, it is always important to have an experienced New Jersey drunk driving defense lawyer at your side. In Lange's case, he admitted to being under the influence of legal prescription sleeping pills that he had taken the night prior to the wreck. Municipal court judge, James Ligouri, revoked the comic's driving privileges for seven months.

The events leading up to this point were covered extensively in the media. Essentially, Toms River police arrested Lange for DUI after the 2009 Nissan Sentra he was driving ran into the back of a Pontiac Grand Am during in the afternoon of July 16.

News reports at that time said that Lange was on his way to a promotional event for his best-selling book, "Too Fat to Fish." While it well known that Lange has had trouble with substance abuse over the years, from prescription medicines and alcohol to heroin, the crash was not especially serious and resulted in no injuries, according to reports. Officers on the scene did note Lange's odd behavior following the incident and decided to arrest him anyway.

At the time, Lange had passed an Alcotest breath test, which ruled out alcohol but said nothing about his possible impairment due to drugs in his system. Now with Lange's guilty plea, he has been prohibited from driving for the next seven months.

The professionals at The Law Offices of Jonathan F. Marshall have a wide range of experience representing clients charged with both drug DUI and DWI, as well as breath test refusal. As a former prosecuting attorney myself, I understand the techniques employed by the state and local authorities in cases such as this, which is why individuals seek my firm's services time and time again.

Comic Artie Lange Pleads Guilty To DUI In NJ, AccessHollywood.com, October 1, 2009

Alcohol-related injury accidents are one of the more serious types of DWI-related traffic offenses. Recently a Hackensack, NJ, resident was charged with driving while intoxicated and as well as allegedly causing a two-car crash on the Garden State Parkway that resulted in injury to the suspect, his passenger and the driver of a second vehicle. As a New Jersey drunk driving defense lawyer, my firm has represented people who have found themselves in similar circumstances.

According to reports, the accident occurred a little after 10pm on Friday, September 25 in Ocean County around the 74-mile marker on the Garden State Parkway. Police reports show that 40-year-old John Twomey was driving southbound in his 1996 Infiniti with Kevrye Lantigua, 18, from Perth Amboy.

The investigation was still underway at the time of the news report, however it appears that Twomey's vehicle struck a second vehicle driven by Christine Doran, a 35-year-old resident of Barnegat. Authorities say that emergency responders tending to the victims noticed the scent of alcohol on Twomey's breath, as well as open containers of alcohol were in the Infinity. According to police reports, the man admitted to drinking Bacardi rum while in the vehicle.

All three people were injured in the accident. Doran was treated at the scene and then transported by ambulance to Southern Ocean County Hospital in Stafford, NJ. Twomey, who sustained back and neck trauma, was airlifted to AtlantiCare Regional Medical Center. He was listed in good condition at the time of the report. Towmey's passenger was airlifted to Jersey Shore University Medical Center in Neptune, New Jersey, with head trauma. By the time of the news report, Lantigua, had been discharged from the hospital.

Man charged with DWI in Parkway crash that injured three, APP.com, September 28, 2009

Drivers across the New Jersey area, including Middlesex, Monmouth, Ocean and Atlantic counties, may see an increase in police presence on the state's highways and surface streets during this coming Saturday, October 10. In a nationwide campaign known as "Put the Brakes on Fatalities Day," law enforcement agencies will be out in force looking for traffic violations and targeting zero fatalities for one full day. This effort may include sobriety checkpoints in various areas.

As a citizen of New Jersey, as well as a DWI defense attorney, I am always happy to see traffic deaths decrease. However, I know that some motorists can get a raw deal from local and state police during campaigns such as this. That is why I always encourage people arrested for drunk driving to contact a legal professional for advice and counsel.

According to news reports, "Put the Brakes on Fatalities Day" will see police departments statewide emphasizing and enforcing all traffic laws, including seatbelt usage, obeying the posted speed limit, avoiding distractions such as cellphone use while driving, and not getting behind the well when intoxicated.

Police data show that 591 individuals died in traffic accidents in New Jersey just last year. While this number may seem high, it represents a 19-percent decline from 2007, and also marks the lowest number of recorded motor vehicle deaths in the state since 1948, according to reports.

As with last year's campaign, law enforcement agencies throughout the state will be reporting crash information -- such as total number of crashes, injuries crashes and fatalities -- for the 24-hour period of October 10. Police will convey that information to the Division of Highway Traffic Safety, the state's lead traffic safety agency. The division will then compile and post this information on its website.

Approximately 66 percent of the 496 police agencies in the state, as well as the state police, reported crash data following last year's "Put the Brakes on Fatalities Day." A total of 1,065 crashes took place in New Jersey on that day, resulting in 201 injuries and two fatalities.

Lower Township Police promote annual Put the Brakes on Fatalities Day, ShoreNewsToday.com, September 24, 2009

I've said it here before, but I'll say it again. As a former municipal prosecutor I find it hypocritical for anyone in law enforcement or the judiciary to act in a manner that suggests they believe themselves to be above the very laws to which they hold the rest of society. Being a New Jersey DWI defense lawyer, I work with municipal judges everyday when representing clients who have been charged with driving under the influence of alcohol.

Any police officer, prosecutor or judge who doesn't live up to the same standards he or she sets for the rest of us doesn't deserve our respect. This all came to mind upon reading a news report covering the recent arrest of a Bridgewater municipal court judge on drunk driving charges in Lavalette, NJ.

Police reports indicate that the car Rizzolo was driving was observed swerving on Route 35. Officers from the Lavallette Police Department pulled Rizzolo over, after which he explained his actions were caused by a ringing cell phone. The patrolman advised the judge that he was going to administer several field sobriety tests, including a balance test, which Rizzolo refused to take due to a bad back and injured ankle.

According to reports, Rizzolo passed two other field sobriety tests. Soon after, he shouted that his heart hurt and had to be carried out of the police car. He further refused to submit any breath samples at the police station, nor blood samples at Community Medical Center in Toms River, where he was taken after he started to gag, according to reports.

Based on news articles, Rizzolo reportedly served as municipal prosecutor in Raritan Borough, Somerville, Franklin (Somerset) and Bound Brook. During his tenure he prosecuted more than 750 cases involving charges of driving under the influence. According to a 2008 interview about his appointment to the Bridgewater bench, he stated that he never lost a case at trial.

Rizzolo now must face a prosecutor and judge himself as he is scheduled to appear on September 22 in Lavallette Municipal Court. The charges are numerous, including driving under the influence of alcohol, obstruction of justice, failure to maintain lane, reckless driving, refusal to submit a breath sample and a violation of a municipal loud and unusual noise ordinance.

As for his judgeship, news reports say that Township Administrator James Naples received Rizzolo's resignation on Tuesday, September 1, four months before his term was to expire. Taking on Rizzolo's duties for the time being is Judge William Kelleher Jr., the other municipal court judge in the township. For now, township officials will review the court's needs on a month-by-month basis to decide whether or not a second judge needs to be hired in the interim.

Bridgewater municipal court judge facing DWI charge resigns, MyCentralJersey.com, September 2, 2009

The death of an innocent person is no time to say I told you so, but the recent fatal DWI accident in Ocean County involving 25-year-old American Idol contestant, Alexis Cohen, points up something that no one should ever contemplate when pulled over for driving while intoxicated. As a New Jersey drunk driving lawyer, I'm holding this incident up as an object lesson of what NOT to do. Never attempt to flee from the police. Nothing good can come of it.

In this instance, what might have been a relatively simple case of driving under the influence of alcohol coupled with a minor parking lot fender-bender instead turned into a tragic case of vehicular manslaughter. According to reports, a 23-year-old Toms River, NJ, man had left the scene of the fender-bender next to Hemingway's Bar shortly before 4 a.m. last Saturday when his 2005 Mitsubishi Galant struck and killed Cohen, who was on foot.

The driver, Daniel Bark, allegedly hit a parked car in the lot adjacent to the bar, after which a bicycle-mounted Seaside Heights police officer attempted to stop the man. According to news reports, Bark fled west on Dupont Avenue and turned right onto Bay Boulevard, traveling north in the southbound lane. Authorities believe that this is where Bark hit the pedestrian, Ms. Miss Cohen.

Instead of stopping, Bark reportedly continued along Bay Boulevard for a couple of blocks until officers in patrol cars intercepted him at Hamilton Avenue as he headed for the bridge to Toms River. At the time, officers did not know that Ms. Cohen had been hit by the suspect.

Police records show that Bark, who refused a Breathalyzer test, had a previous drunken driving conviction from April 2004, after which his driver's license was suspended for 90 days. He was arrested and issued summonses stemming from the traffic stop, including driving while intoxicated, four counts of failure to yield or stop, reckless driving, failure to report an accident, driving without insurance, leaving the scene of an accident, failure to stay to the right, refusing a Breathalyzer test, failure to wear a seatbelt, failure to obey an officer's command, careless driving and traveling the wrong way on a one-way street.

This was all before police learned of the pedestrian fatality allegedly caused by Bark. Police re-arrested the man a day later and charged him with Cohen's death. He now has additional charges to deal with including aggravated manslaughter, death by auto and eluding police. As I said, nothing good ever comes from fleeing an officer of the law.

Driver faces manslaughter, DWI charges in American Idol contestant Alexis Cohen's death, www.NJ.com, July 27, 2009