New Jersey DWI Lawyer Blog

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

Comedian Artie Lange, who regularly makes guest appearances on Howard Stern's radio program, has been charged with driving under the influence of an intoxicant following a Ocean County car accident last Friday. According to reports, Toms River police made the DUI arrest of the witty stand-up artist after the 2009 Nissan Sentra he was driving ran into the back of a Pontiac Grand Am in the early afternoon.

It is widely known that the performer has had trouble with substance abuse over the years, from prescription medicines and alcohol to heroin. Although the crash was not serious, with no injuries, police noted Lange's odd behavior following the incident and decided to arrest him.

As a New Jersey DWI and DUI defense attorney, I have represented many clients that were arrested by police due to strange behavior after an automobile accident. Although Lange has had a history of substance abuse, it would be wrong to assume the man is guilty of drug DUI simply on that fact alone.

News reports indicate that Lange, who was on his way to a promotional event for his best-selling book, "Too Fat to Fish," was released after being issued a summons to appear in court this Thursday, July 16 -- on Tuesday Lange's attorney entered a not guilty plea, stating the comedian had passed an Alcotest breath test, which probably rules out alcohol but says nothing about impairment due to possible drug use. If found guilty of a first-time drug DUI offense, Lange could receive up to 30 days in jail, a maximum of $1,000 and possible loss of his driver's license for as long as 12 months.

Entertainment news outlets say that Lange's physical and mental health has been showing some signs of improvement over the past few months. The heavyset comedian had reportedly lost more than fifty pounds as well as claiming total sobriety. He has been reported as saying that that he was in love with a new girlfriend, but that if he ever started using drugs again, she should "get the hell away from me."

Continue reading "Howard Stern Regular, Artie Lange, Charged with Drug DUI after New Jersey Car Crash" »

Any small craft captain worth his salt knows it's boating season, but before you power up your twin inboard, take a moment to scan the horizon and double-check your alcoholic beverage intake. This weekend, from Sandy Hook to Cape May, the New Jersey State Police will be patrolling offshore in search of intoxicated boat operators. And just like DWI for landlubbers, being arrested for boating under the influence (or BUI) can be a costly experience.

Drunk boating, like drunk driving, is enforced by local and state police units. This latest campaign, christened "Operation Dry Water," begins today and runs through Sunday, June 28. It's a combined effort between the New Jersey State Police and the United States Coast Guard (USCG) and designed to hook skippers piloting their craft under the influence of alcohol in state waters, which includes bays and the ocean up to three miles out.

According to the USCG, enforcement will be heaviest in the Atlantic City and Cape May areas, with sobriety checkpoints set up at various points on the water. In addition to BUI offenses, law enforcement personnel will be looking for anyone navigating recklessly or carelessly. Those observed exhibiting drunken behavior should be prepared to be boarded and examined for intoxication.

In New Jersey, boaters can lose their boating privileges for one year and their automobile driver's license as well. That's three months for a blood alcohol content (BAC) of 0.08 percent or more, and seven months for 0.10 percent or more. You should know that while New Jersey does not confiscate boats of those captains who are arrested for BUI, other states do confiscate watercraft.

Authorities also will usually administer field sobriety tests, although they can be somewhat different from those conducted on dry land. And although they do not want to give away their tactics in detail for this coming weekend, law enforcement agencies say their goal is not to arrest boaters so much as to educate them about the BUI problem.

One message authorities are pushing is that alcohol has an enhanced effect on the water. According to experts, the glaring sun, waves, motion of the boat and other influences aboard a boat only help the body absorb alcohol faster. This can impair an individual's motor functions, reaction time, judgment and other critical boating skills.

Continue reading "New Jersey State Police to Reel In Drunk Boat Captains this Summer" »

We are excited to announce that Thomas Campo, Esq., has agreed to become a part of our drunk driving and criminal defense practice. Tom possesses extensive knowledge and experience litigating New Jersey dwi, refusal and dui cases. His skills as a litigator have been refined over approximately 15 years including time as an Essex County Prosecutor, Monmouth County Prosecutor and, most recently, serving as municipal prosecutor in towns such as Toms River, Brick Township, Holmdel, Point Pleasant Beach, Mantoloking, Stafford, Ship Bottom, Surf City, Long Beach, Beach Haven, Beachwood, Waretown (also known as Ocean Township), Lacey, Tuckerton, Little Egg Harbor and Plumsted. I have known Tom for a long time and have always been impressed by, among other things, his overwhelming accolades, especially from prosecutors and police officers with whom he has worked.

Tom's arrival to our practice coincides with our recent efforts to provide additional legal resources for those charged with driving while intoxicated and/or breath test refusal in Ocean County. In this regard, we recently launched DWI, Refusal & DUI resource pages for Beachwood, Bay Head, Barnegat Township, Beach Haven, Berkeley Township, Brick Township, Eagleswood Township, Island Heights, Jackson, Lacey Township, Lakehurst, Lakewood Township, Lavallette, Little Egg Harbor Township, Long Beach Township, Manchester Township, Mantoloking, Ocean Township (Waretown), Plumsted Township, Seaside Park, Seaside Heights, Ship Bottom, Stafford, Toms River, and Tuckerton. Tom has served as municipal prosecutor in a large majority of these municipalities at one time or another. His familiarity with the Courts and the police officers in these venues should be very helpful to our clients.

Have you been arrested for DWI in Barnegat, Lacey or Manchester Township? Perhaps you've been stopped for driving under the influence of alcohol in one of the smaller communities, such as Island Heights, Seaside Park or Bayhead. The summer months bring out the fun-loving spirit in all of us, but sometimes individuals get a little too loose.

Whether you have recently been ticketed for DWI or received a summons for being under the influence while sitting in your parked car. Were you intoxicated? Maybe. Was that drunk driving charge truly deserved? Maybe, and maybe not. Like many aspects of the law, not every DWI case is completely black and white.

As New Jersey DWI defense attorneys, many of our clients believe they have been unfairly accused. Although some may have actually broken the law, they also understand the consequences of a drunk driving conviction and they want to improve their chances in court. But the people I worry most about are the ones that don't seek our firm's advice and counsel. Those are the people that believe they "earned" that summons. Or maybe they believe, incorrectly, that there is no way to fight the charges. But this is the wrong way to look at it.

Something that makes people believe the police have a solid case against them are the breath test results. You should know that blowing a reading over the legal limit -- more than 0.08 percent blood alcohol content (BAC) -- doesn't automatically mean you will be convicted of a DUI charge. Don't think you are out of luck just because the Alcotest machine registers a high BAC.

There are several factors that affect your BAC, and there are also a number of other things that can influence the final breath test reading. For instance, many people don't realize that a breath-testing machine can often mistake other chemicals for alcohol. Also, burping, hiccupping or vomiting can cause the device to have an incorrect BAC reading.

The reason is that the Alcotest machine is designed to measure the amount of alcohol coming from your lungs. If you burp, hiccup or vomit prior to the test, any alcohol in your stomach can travel to your mouth, something called "mouth alcohol," which can then cause the machine to return an imprecise BAC reading.

All of our attorneys at The Law Offices of John F. Marshal are fully certified in the operation and maintenance of the Alcotest breath test device. Only 50 or so attorneys in the entire state can make this claim. You should also know that every member of our defense team holds certification in standardized field sobriety testing, as established by the Nation Highway Traffic Safety Administration.

If you need help with a drunk driving or breath test refusal case, the lawyers in our Toms River office are available now at 1-877-450-8301. Call for a free initial consultation. The consequences are far too serious not have a qualified legal professional at your side when you get your day in court.