New Jersey DWI Lawyer Blog

Being caught driving drunk here in the Garden State can get many a motorist in hot water legally and financially; and it's no secret that police departments in Monmouth, Bergen, Sussex and Atlantic counties have virtually no tolerance for drivers who get behind the wheel in any state of inebriation. Frankly, with all the hype about anti-drinking and driving enforcement during the holidays, it's difficult to imagine that individuals still drive while potentially intoxicated, but apparenlty this happens with extreme regularity.

As New Jersey DWI defense attorneys, I and my colleagues are constantly reading about individuals who may or may not believe that they were intoxicated at the time of their arrest. Regardless of where one is picked up for operating a vehicle while impaired -- be that by alcohol, prescription medication (drug DUI) or illicit drugs like cocaine or marijuana -- the penalties can be severe and costly.

As drivers ourselves, we understand the reasons for anti-drunken driving laws, however the methods and evidence used against motorists can sometimes be questionable, to the point that a DWI case may have little chance of standing up in court. One thing, however, that can make a so-called "routine" drunk driving arrest stand out is when it coupled with a traffic accident. Property damage, injuries and certainly fatalities tied to an alleged drunk driving episode is nothing to sneeze at.

Continue reading "No DWI Charges Yet for New Jersey Man Involved in Fatal Ocean County Traffic Accident" »

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

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

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

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

While some municipalities across the Garden State are claiming continued victory in the battle against drunken driving -- quantified by the total number of DWI and drug DUI arrests annually -- other towns and cities are seeing cutbacks in manpower, which apparently is taking its toll on the number of motorists being charged with driving while intoxicated. Doubtless, the effects of a struggling economy are being felt all over, even in Monmouth, Bergen and Ocean County, among others.

With many police departments trying to do more with less, it's not surprising that areas like Lacey Twp. are feeling the pinch. According to news reports, less manpower on the street has equated to fewer drunk driving summonses. In Lacey, arrests for driving under the influence have been on the decrease since 2008, based on news reports.

As New Jersey DWI defense attorneys, my firm is trained to represent those individuals who have been charged with driving while impaired by alcohol, doctor-prescribed medications, or controlled dangerous substances (CDS), such as marijuana and cocaine. The penalties for DWI and drug DUI can be quite harsh, even for first-time offenders, which is why we always recommend consulting an experienced drunken driving defense lawyer after a police arrest.

Getting back to the effect of reduced manpower on the state and local police departments; although studies on nationwide instances of DWI indicate that Americans may be drinking and driving less frequently, statistics coming out of some New Jersey municipalities show that DWI arrest rates have at best remained unchanged -- Barnegat Township is apparently one of those "steady-state" areas, which flies in the face of the overall downward trend in DWI-DUI arrests across the rest of the U.S.

Continue reading "Ocean County, NJ, DWI News: Manpower Reductions Affecting Lacey Township's Drop in Drunken Driving Arrests" »

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

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

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

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

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

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

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

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

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

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

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

With summer fully underway, it's not uncommon to hear of more drinking and driving arrests on Garden State roadways. And, with these warm and sunny days, boaters are out in droves enjoying the refreshing sea air and inland waterways. What is also a given during the summertime months is an increase in drunken boating enforcement.

Known as BUI (or boating under the influence), local and state law enforcement and public safety officers are on the prowl for skippers of watercraft who may be operating their boats while impaired by alcohol, prescription medication or other, sometimes illicit drugs (also referred to as controlled dangerous substances or CDS). As New Jersey DWI defense lawyers, my firm is well versed in the various state laws and legal statutes related to driving a car or boat while intoxicated.

The same standards used in the enforcement of drunk driving laws for automobile drivers apply to that of boaters. Every captain of a watercraft should consider the implications of boating while intoxicated, just as every motorist needs to take into account the potential consequences of driving a car while impaired by beer, wine, hard liquor or doctor-prescribed medication (drug DUI), even marijuana and cocaine.

Whether you are in Atlantic, Ocean or Cape May, driving drunk on a New Jersey road or piloting your fishing or pleasure boat while intoxicated; either way you could be cited for DWI. A boater whose blood-alcohol content (BAC) is over the legal limit of 0.08 percent can be arrested and charged with BUI. And the same applies to drug DUI and breath test refusal when on the water.

Continue reading "NJ Drunk Driving News: Allegedly Drunken Boater Arrested for BUI After Slamming Powerboat into Gazebo" »

If we've said it once, we've said it a thousand times; a drunk driving defense is only complicated when the DWI arrest is associated with a traffic accident. It makes little difference whether one lives in Bergen, Middlesex, Mercer or Atlantic County, when you throw in an injury or fatality along with a drunken driving accident the job of the DWI defense attorney is made that much more difficult.

Still, despite our suggestions to avoid driving while intoxicated, dozens of motorists every week are arrested here in the Garden State for operating a motor vehicle while impaired by alcohol or prescription medication (drug DUI); some of the individuals also become involved in what can only be termed DWI-related traffic accidents; some of which are fatal crashes, while others may entail only minor injuries.

Of course, as stated previously, killing another individual while allegedly under the influence of beer, wine or hard liquor is not a situation anyone wishes to be in. But it does happen, and with greater frequency than many people might guess. Not long ago, a Brick Twp. employee was charged with driving while intoxicated when he allegedly caused a traffic accident that left a teenager dead.

Based on news reports, 53-year-old Patrick Doyle of Ocean County was reportedly headed south along a stretch of Jordan Rd. when he attempted to pass a second vehicle on the two-lane road just after 10pm in the evening. In the process of the maneuver, police reports indicated that Doyle's vehicle entered the northbound lane, at which point the man's car allegedly struck the youngster who was on his skateboard near the shoulder of the roadway.

Continue reading "New Jersey DWI News: Following Fatal Crash, Brick Township PR Official Charged with DWI" »

As New Jersey drunken driving defense attorneys we won't argue that mixing alcohol with boating can lead to disaster, but at the same time it is certain that many people who are arrested for drunken boating (boat DUI or "BUI") may have been falsely charged. Of course, if this is the situation then a person must take their case to court. Why? Because BUI has the same implications and potential penalties as driving a motor vehicle while intoxicated.

Drunken boating offenses, like that of drunk driving, are enforced by state and local police agencies. During enhanced BUI enforcement periods, anti-drunk-boating patrols can be manned by a combination of local police, New Jersey State Police and the United States Coast Guard (USCG). Just like the campaign that recently concluded, named "Operation Dry Water," the USCG and New Jersey State Police teamed up to seek out boat operators whose blood-alcohol content (BAC) levels exceeded the national legal limit of 0.08 percent.

As many people already know, 0.08 percent is the identical value that can put a four-wheeled motorist on a course for a DWI conviction. In fact, according recent stats from the USCG, BUI is the main causal factor when it comes to fatal boating accidents -- based on those figures, say news articles on the subject, 17 percent of private watercraft deaths can be traced directly back to some kind of alcohol consumption or drug use prior to the fatal accident.

Continue reading "New Jersey DWI-DUI Update: Law Enforcement Agencies Step Up Anti-BUI Drunken Boating Patrols" »

The 4th of July holiday is always a popular time for family and friends to visit the Jersey Shore and enjoy parties and reunions. At times like these, it is inevitable for beer, wine, mixed drinks and hard liquor to be available. As New Jersey drunk driving defense attorneys, I and my colleagues always recommend that people attending such activities have a plan for getting home, or to the next party.

A designated driver is usually a good choice to ensure a sober ride home, not only for one's safety and peace of mind, but also to avoid situations like the ones we read about in the news almost every day during the summer. This time of year, not only do residents of the Garden State know that you can find a party almost anywhere, but the New Jersey State Police and local municipal patrolmen know that a percentage of drivers on the road are going to be legally drunk.

Keeping tabs on the public roads, it's not uncommon to see an increase in the number of anti-DWI police patrols looking for potentially drunken drivers. According to news articles, the Lacey Township Police Department arrested half a dozen motorists for driving under the influence during the holiday weekend. What may have been somewhat surprising was that there were not more summonses issued to motorists who may have been operating their vehicle while impaired by alcohol or prescription drugs (drug DUI).

Based on reports, the following traffic stops were made, all of which ended up as DWI-related offenses, in addition to the initial offense. As most people know by now, a police officer must have a valid reason to stop an individual in order to eventually arrest a driver for driving while intoxicated. A DWI arrest usually precipitates from a routine traffic stop for some seemingly minor offense, such as improper turn, burned out tail lamp or failure to maintain one's lane.

Police reports indicate that a 20-year-old Ocean County driver was stopped following a report of a vehicle being hit along a stretch of Haines St. in Lacey. The driver was charged with drunken driving as well as operating a motor vehicle under a suspended driver's license, driving with no valid insurance coverage, and operating a vehicle that had no valid registration.

Continue reading "Ocean County, NJ, DWI News: Holiday Nets Lacey Twp. Police with 6 Drunken Driving Arrests" »

Now that summer is in full swing here in the Garden State, there are numerous occasions to celebrate; family gatherings, company outings, and after-work events in restaurants and bars throughout the state. Although the state police and local law enforcement agencies have been doing their part to curb the amount of drinking and driving on New Jersey roadways for years now, every week dozens of drivers are charged with DWI or impairment due to prescription medication (drug DUI).

As drunken driving defense lawyers representing people in Bergen, Monmouth, Passaic and Atlantic County, as well as the rest of the state, we understand fully the negative impact that a drunk driving conviction can have on a person's career and personal life. It isn't just the monetary hit that a driver takes following a sentence for first-time DWI or drug DUI. A driver's insurance rates will automatically go up significantly and remain there for several years.

One of the places that drivers get arrested for drinking and driving is the all-too-common sobriety checkpoint. Also known as a DWI or drunken driving roadblock, these temporary checkpoints are erected by police in areas that typically have a high incidence of DWI or DUI arrested. This fact is the justification for state and local police to set up a roadblock in order to assess drivers' sobriety one at a time.

According to news reports, New Jersey, along with other states across the country, will be participating in a continuation of what has become a summertime staple -- the DWI checkpoint program. This ongoing program includes the operation thought our state of multiple checkpoint locations in various counties, such as Ocean County. Sobriety roadblocks reportedly work by supplementing local police enforcement of drunken driving laws.

Continue reading "Toms River DWI Defense News: Ocean County to Increase Drunken Driving Checkpoints to Curb Summer Accidents" »

Anyone who travels the surface streets or interstate routes in New Jersey is bound to run into a state patrolman or local municipal police officer at least once in their driving career. For the average person, those who take a drink socially from time to time, there is a good chance that he or she might be pulled over for a minor traffic infraction and then possibly be charged with driving while intoxicated.

Whether one lives or works in Bergen, Middlesex or Ocean County, a DWI arrest and conviction can spell the end of a promising business career, lost friendships or a ruined marital relationship. Such is the stigma of a drunk driving or prescription drug DUI guilty verdict. As New Jersey drunken driving defense attorneys, I and my staff of experienced DWI lawyers understand how a routine traffic stop can snowball into a full-blown DWI-DUI arrest.

And, we will add, the typical scenario repeats itself over and over again across the state on a regular basis. Some individuals get stopped just down the road from a bar or pub, at which they may or may not have enjoyed a glass wine, bottle of beer or shot of whiskey. Other drivers may be surprised by one of the many sobriety checkpoints that pop up from time to time in areas where drunk driving is reportedly quite common, according to police statistics.

The following news items represent a cross-section of alcohol-, prescription medication- and even illegal drug-related DUI reports that come in from every corner of the Graden State. It's not surprising that a percentage of individuals arrested for DWI are found not guilty by a court of law. Others, sad to say, may believe that their "number was up" and chose to accept their sentence or pled to a reduced charge, yet still end up with a DWI on their record and steep fines and penalties to pay.

According to recent police blotter reports, police departments in Union County arrested a number of people on suspicion of drunken driving, as follows:

Cranford
Patrolmen from the local police department stopped a vehicle driven by a 19-year-old Cranford resident on a stretch of Dunham Ave. for allegedly failing to stay to the right-hand side of the roadway. After approaching the vehicle, officers found evidence of heroin and drug paraphernalia. The man was arrested and taken into custody after which he was charged with possession with intent to distribute, and controlled dangerous substance (CDS) in a motor vehicle.

Continue reading "New Jersey Drunk Driving Defense News: Union County DWI-DUI Police Blotter" »

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

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

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

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

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

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

Whether you live or work in Ocean, Sussex, Bergen or Union County, it's likely that nobody expects to be pulled over by police and arrested on charges of driving under the influence of alcohol. Here in Monmouth County, as in the rest of the Garden State, I and my staff of experienced DWI defense attorneys fully understand the anxiety and trepidation that follows a drunken driving or drug DUI police stop.

For first-time drunk driving arrestees, and even those picked up for driving under the influence of prescription medication or illicit drugs such as marijuana, the experience can be a shock. But more than that, not taking action and leaving one's fate in the hands of the court is something that no one should allow to happen, if they can help it.

Of course, second and third-time offenders have a different set of circumstances to deal with, but in general, we always recommend that motorists consult with a qualified DWI lawyer. The reason is simple: being cited for impaired driving -- whether allegedly due consumption of beer, wine or hard liquor; prescription pain medication or a controlled dangerous substance (CDS) -- is nothing to be taken lightly.

Careers, marriages, and reputations have been ruined by drunken driving and DUI convictions. Of course, being arrested for driving while intoxicated can happen night or day. It usually, but not always, happens with a seemingly routine police stop for a supposedly minor traffic infraction -- something as insignificant as a faulty taillamp. Other times it can come at the location of a drunk driving roadblock (also known as a sobriety checkpoint).

Regardless of the circumstances, once charged with a DWI one should as a matter of course contact a DWI-DUI defense attorney. My office has handled enough DWI cases and spoken with so many people charged with DWI or DUI that we know it's not a wise idea to represent yourself in front of the court. Not only can the process of fighting a DWI arrest be confusing to the first-time defendant, there is no way that a layperson can come fully prepared to face the court - at least, not like one can with a qualified DWI defense lawyer at one's side.

Continue reading "Monmouth County DWI Defense: Things to Consider Following a Drunk Driving Arrest in New Jersey" »

As a New Jersey drunk driving defense attorney, I know that injuring or killing another person as a result of a drunken driving accident is a serious situation; one that usually requires the services of a qualified legal representative, such as a DWI and drug DUI lawyer. When the case involves the injury or death of a law enforcement officer, there really is no question about retaining the services of a lawyer well versed in drunk driving law.

No matter where in the state a DWI accident occurs, be it Ocean, Middlesex, Somerset or Morris County, NJ, courts are quite strict in fatal DWI and drug DUI crashes. One such case is now in the making down in Toms River, New Jersey. According to news reports, an individual was arrested in connection with the death of an Ocean Gate patrolman on Thanksgiving morning.

Based on news articles, 31-year-old Erick Uzcategui of Manchester, New Jersey, was arrested and charged with vehicular homicide and drunk driving following the November 25 car crash that reportedly killed Officer Jason C. Marles. Police reports showed that the accident happened around 3am as Marles was on his way home from his shift.

Traveling northbound along the Garden State Parkway through South Toms River, Marles' Jeep Cherokee was apparently struck from behind by a BMW reportedly driven by Uzcategui. The impact forced the Jeep into a guardrail, after which the officer's vehicle went off the road and overturned. The Jeep hit a nearby pine tree and burst into flames. Marles died as a result of the crash.

According to police, four passengers in Uzcategui's car fled on foot following the accident, however all of them were apprehended by State Police not long after. Uzcategui himself was arrested and charged with vehicular homicide and DWI. At the time of the news reports, the accident was still under investigation and the suspect had been released on $250,000 bond.

Suspect released in DWI fatal that left Ocean Gate officer dead, APP.com, December 12, 2010

Whenever a driver is stopped by a local police officer or New Jersey state trooper for a traffic violation, even the most minor infraction, there exists the chance that the officer might end up arresting that individual for drunken driving, or issue a summons for DWI. While every situation is different -- a motorist returning from a party at a friend's house or coming home from an evening out with one's spouse -- it is possible that an officer may suspect that the driver is intoxicated by alcohol, or even prescription medication or illegal drugs.

As a New Jersey drunk driving defense lawyer, I understand how the procedure by which a patrolman stops a motor vehicle possible driven in an erratic fashion, observes the driver for telltale signs of intoxication, then evaluates that individual to determine if there is reason to believe that he or she is impaired due to alcohol consumption or use of a narcotic substance (sometimes referred to as drug DUI).

It makes little difference whether you live or work in Ocean, Passaic or Mercer County, the chances of being arrested for DWI or prescription drug DUI is ever present. But if you are pulled over and subsequently arrested or issued a summons for drunken driving, are you predestined to being convicted of driving while intoxicated? The answer is to that question depends on multiple factors.

As professional New Jersey DWI defense attorneys, I and my staff approach every case with many years of drunk driving litigation under our belts. As a former municipal prosecutor myself, I understand when it is proper to petition the court to dismiss the charges against a motorist, or at least reduce the state's DWI charges to better match the individual circumstances surrounding the arrest.

Having tried drunk driving cases as a prosecutor, I'm familiar with the strategies used by the state's representatives. Because of this, I always suggest to people who face drunk driving charges to carefully consider whether or not they wish to go into court without an experienced attorney at their side. A DWI lawyer can prove to be a great benefit, especially for those individuals facing stiff penalties for a first-time drunken driving or DUI arrest.

Continue reading "New Jersey DWI Defense Update: Not All DWI Arrests Lead to Convictions for Drunken Driving" »