New Jersey DWI Lawyer Blog

Having worked for many years as a municipal prosecutor I gained a healthy respect for the people serving in law enforcement. Now as a New Jersey DWI defense lawyer, I defend motorists accused of driving while intoxicated, arrested by some of those very same officers. While I admire the dedication of our police and their commitment to public safety, it gives me pause when I read about patrolmen and other individuals associated with law enforcement who flaunt the very laws they are sworn to uphold.

Being accused of drunken driving is nothing to be taken lightly, especially when fines and jail time are fairly heavy and the social stigma of being convicted of driving under the influence of alcohol can very often ruin reputations and business careers. The police, like other persons of authority, have a duty to be exemplary role models to the rest of society.

A recent news article reminds all of us that police officers do not always practice what they preach, and sometimes cause great harm when ignoring the law themselves. Based on reports, forty-year-old Ruth Zelaya died on March 24 as a result of "complications from a 2007 car crash that killed her 2-year-old son and left her in a comatose state until her recent passing.

According to court reports, the three-year-old accident was caused by Kevin Freibott, a Middletown resident and Jersey City police officer. The former cop plead guilty in December 2007 to vehicular homicide, assault by auto and drunk driving. The ex-patrolman, now 40 years old, is currently serving an 11-year prison sentence and is not expected to face additional charges as a result of Zelaya's death due to the terms of his plea agreement.

The accident occurred in January 2007 on a stretch of the Pulaski Skyway in Jersey City following a Freibott's reportedly five-and-a-half-hour "drinking marathon." According to police records, the man's blood-alcohol content (BAC) was 0.242 percent -- better than three times the legal limit in New Jersey.

An FBI agent who saw Freibott's Jeep Cherokee shortly before the crash told authorities that it "blew by him like he was standing still," Hudson County Assistant Prosecutor Peter Stoma told Superior Court Judge Peter J. Vazquez.

News articles state that Freibott was fired from the Middletown police department in 2001 following a minor accident outside a tavern, however he was reinstated one year later. In 2005, he transferred over to the police department in Jersey City.

Other reports show that Freibott had a history of driving offenses dating back to 1986. According to New Jersey Motor Vehicle Commission records, the man had six traffic violations between 1988 and 2001, including two for speeding and one other for driving under the influence of alcohol.

SECOND VICTIM OF DRUNK COP DIES, RedBankGreen.com, April 27, 2010

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

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

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

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

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

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

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

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

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

For those individuals who feel that a drunk driving conviction is a minor event, I have news for you. Whatever you call it -- drunken driving, driving under the influence, DWI or driving while intoxicated -- here in New Jersey there is a wide range of potential outcomes for someone convicted of drunk driving. Almost too many to list right here.

As a New Jersey drunk driving defense attorney, I and my group of legal professionals have represented literally hundreds of clients arrested for DWI over the years. You should know that even under the best circumstances, the personal price of a DWI conviction can be quite devastating. Living with the stigma of a drunk driving conviction on your record can affect a person's standing in his or her neighborhood, company or professional organization. And there always exists the possibility of job loss, as well as the potential damage that such a conviction can have on familial relationships and those with friends.

Financially, drunk driving is potentially costly, as well. Penalties and fines for second and subsequent drunk driving convictions are certainly large, but even first-time offenders can feel the monetary pain of a conviction. Here are just a few of the typical monetary costs that you could expect to pay for a range of DWI offenses, according to the State of New Jersey (Please remember that jail time/community service could also be included, but is not included here).

First DWI Offense
Expect to pay a $250-$400 fine if your blood-alcohol content (BAC) is 0.08 percent or higher, yet less than 0.10 percent (this increases to $300-$500 fine for a BAC of 0.10 percent or higher); You'll also end up paying an automobile insurance surcharge of $1,000 per year, which will continue for three years.

Second DWI Offense
The court will typically levy a $500-$1,000 fine. Plus, expect to fork over that $1,000 annual automobile insurance surcharge for three years.

3rd DWI Offense
Third-time conviction will usually net you a $1,000 fine. And the automobile insurance surcharge rises to $1,500 per year for three years.

Having an Open Alcoholic Container in the Passenger Compartment
$200 fine (first offense); $250 fine (second offense).

Refusal to Submit to a Breath Test
$300-$500 (first offense); $500-$1,000 (second offense); $1,000 fine (third offense);
Automobile insurance surcharge of $1,000 per year for three years (first and second offenses); $1,500 insurance surcharge (third offense).

Driving on a Suspended License Due to DWI
$500 fine

All DWI Offenses
There are surcharges in addition to the normal fines. These surcharges range from $50 to $100 dollars depending on where the funds go, such as the drunk driving enforcement fund, Motor Vehicle Commission restoration, Intoxicated Driving Program, Violent Crimes Compensation Fund, Safe and Secure Community Program, plus state and municipal fees.

As a New Jersey drunk driving defense lawyer, I and my firm have the necessary experience to make the difference in most any DWI, breath test refusal, or drug DUI case. While it might seem that a first-time conviction for driving under the influence of alcohol may not be that serious, think again. Not only are the penalties for a first-time offense stiff, it only make a possible second or third arrest and conviction for driving while intoxicated that much more serious.

Anyone looking at multiple convictions for drunk driving needs the services of a qualified and experienced DWI attorney. Whether an individual has been charged with DWI or drug DUI, the consequences of multiple convictions can be very detrimental to one's future. Jobs have been lost and families torn apart by the seemingly simple act of driving while impaired. Don't make a bad situation worse by not taking the proper steps to defend yourself in a court of law.

It's not uncommon for many people charged with a first-time DWI to go in front of the court by themselves. And although they may have fared better had they sought legal counsel in the wake of that first DWI arrest, there is a potential upside should they be arrested for a future drunk driving violation.

It may seem odd, but if you did not have legal representation in your first DWI case, it's possible that a court may allow your second offense to be treated as your first. At my firm we typically ask the court to handle a subsequent offense as a first offense when sentencing -- this is usually done when a defendant did not have an attorney at the time of their first conviction.

Of course, timing is everything. If your first charge of driving while intoxicated had not been resolved when you were picked up again, some judges have been known to allow your multiple sentences, including periods of license suspension, to run concurrently.

Another consideration is the place where the individual arrests were made. If your first DWI conviction occurred out-of-state, this does not automatically raise your current New Jersey offense to that of a multiple DWI or drug DUI offense. An experienced attorney can argue that possible discrepancies in the drunk driving laws of the two states means you should be sentenced under New Jersey DWI/DUI penalties for first offenders.

Consider these as strong examples of why hiring a qualified New Jersey DWI lawyer is in your best interests. It can make the difference between a bright future and one that is fraught with complications and lost opportunities.

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

Future convictions for driving under the influence of alcohol could result in the offender's vehicle being fitted with a type of breathalyzer-ignition interlock device if drunk driving legislation in Trenton continues to move foward. The specter of ignition interlocks for nearly all DWI offenses has been raised this time with the help of three New Jersey assemblymen, Gordon Johnson, Nelson Albano and Patrick Diegnan.

Under the proposed legislation (A-3073), any person convicted of a second, third or subsequent DWI offense would be required to have an ignition interlock device installed on all vehicles they either lease or own, or any vehicle that the person would operate for work, or other purposes, during their driver's license suspension period.

Even first offenders would be affected. If a person convicted of a first-time DWI had a blood alcohol content (BAC) of 0.15 percent or higher, the law would require the offender to have the device installed on his or her vehicle. In addition, the current legislation calls for the device to remain installed for six to 12 months following restoration of the individual's driver's license. The courts would retain discretion as provided under current law to require installation of the device for all other first offenders.

The measure going through the state legislature is known as "Ricci's Law," in honor of a young Egg Harbor Township teen who died from injuries sustained when a hit-and-run drunk driver struck a group of friends riding their bicycles. When caught, the driver's BAC was recorded at 0.339 percent -- more than four times the state's legal limit of 0.08 percent.

Ignition interlocks are devices similar to a breathalyzer that can be installed on the steering column and wired into the ignition of a motor vehicle. To start the vehicle, the driver must first blow into the device. If the interlock registers above a specified BAC -- typically 0.02 percent or 0.04 percent -- the vehicle will be rendered inoperable.

For repair and safety purposes, the device allows an individual other than the driver to start the vehicle, however only if the owner does not operate the vehicle himself. Under current law doing so is a disorderly persons offense and carries fines of up to $1,000.

As a New Jersey DWI defense lawyer, I have successfully represented many clients facing drunk driving charges. If you or someone you know has been accused of DWI or breath test refusal, the attorneys at the Law Offices of John F. Marshal are available 24/7 to protect your rights. Contact us for a free initial consultation at 877-450-8301.

ALBANO/DIEGNAN/JOHNSON BILL REQUIRING IGNITION BREATHALYZER FOR ALL DUI CONVICTIONS ADVANCES, PolitickerNJ.com, June 8, 2009

Drunk driving, driving under the influence, or DWI. In New Jersey, and anywhere else for that matter, these simple words represent a range of possible scenarios too numerous to list here. As a New Jersey DWI Attorney, my office has represented hundreds of drunk driving cases -- many of which involved terrible human and societal costs. Even in the best of situations, the personal price can prove truly devastating, with the stigma of a drunk driving conviction affecting the person's standing in the community, possible loss of a job, or potential damage to relationships with family and friends.

Financially, a drunk driving conviction can be costly, too. Fines and penalties for second and subsequent DWIs 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 (Keep in mind that jail time or community service may also be attached, but is not included here).

First DWI Offense
$250-$400 fine if blood-alcohol content (BAC) is 0.08 percent or higher but less than 0.10 percent ($300-$500 fine if BAC is 0.10 percent or higher); automobile insurance surcharge of $1,000 per year for three years

Second DWI Offense
$500-$1,000 fine, automobile insurance surcharge of $1,000 per year for three years

3rd DWI Offense
$1,000 fine; automobile insurance surcharge of $1,500 per year for three years

Having an Open Alcoholic Container in the Passenger Compartment
$200 fine (first offense); $250 fine (second offense)

Refusal to Submit to a Breath Test
$300-$500 (first offense); $500-$1,000 (second offense); $1,000 fine (third offense);
Automobile insurance surcharge of $1,000 per year for three years (first and second offenses); $1,500 insurance surcharge (third offense)

Driving on a Suspended License Due to DWI
$500 fine

All DWI Offenses
$100 surcharge going to a drunk driving enforcement fund; Motor Vehicle Commission restoration fee of $100; Intoxicated Driving Program fee of $100; Violent Crimes Compensation Fund fee of $50; Safe and Secure Community Program fee of $75; and a $100 surcharge ($50 for the state and $50 for the municipality which obtained the conviction)

 

A 39-year-old man from Hohokus, New Jersey, was arrested on suspicion of driving while intoxicated early Friday morning after a traffic stop on Albany Post Road in Cortlandt, NY.  State Troopers charged the man and 11 other motorists with DWI during a string of traffic stops in Westchester and Putnam counties over the course of the long holiday weekend, mostly in the early hours of the day, according to authorities.

Though a number of the drivers were from out of state, most were from the local area. One local man in particular, a 32-year-old with a previous DWI conviction, who was stopped just before 5 a.m. on Sunday, was charged with multiple counts. The list included driving while intoxicated, first-degree aggravated unlicensed operation, felonies, unlawful possession of marijuana and refusal to submit to a breath test, according to the police report. In this instance, the man's drunk driving charge was bumped up to a felony due to his previous DWI conviction, which occurred less than 10 years ago.

Most, however, were charged with misdemeanor DWI. Another local man was charged with driving while intoxicated and aggravated DWI, both misdemeanors, following a 2:15 a.m. traffic stop Sunday morning. Police said that the aggravated DWI charge was due the man's blood-alcohol level being in excess of 0.18 percent -- fully 0.10 percent beyond the legal threshold for driving while intoxicated in New York State.

Of the 11 total drivers arrested for DWI, two were from Connecticut, as well as the one from New Jersey.

Police typically use field sobriety testing or a breathalyzer to detemine a driver's blood alcohol content (BAC). If you or a family member receive a DWI summons as a result of a traffic stop, we encourage you to retain the services of a New Jersey DWI Attorney. To this end, our lawyers are available 24/7 to provide assistance.
 

Troopers charge 11 with DWI in Westchester, Putnam counties, LoHud.com, April 13, 2009 

 

Another DWI traffic death has rocked the professional sports world. Baseball fans and players alike were shocked and saddened by yesterday's untimely death of 22-year-old Angels' pitcher, Nick Adenhart, who was killed when the vehicle in which he was riding was broadsided by a suspected drunk driver in Fullerton, California. The incident is all the more tragic as authorities report that the driver who caused the accident was on a suspended license for a previous DUI conviction.

The collision occurred early in the morning of April 9, just hours after the rookie pitcher threw six scoreless innings against the Oakland As in his forth major league start. According to police reports, a minivan driven by Andrew Gallo, 22, allegedly ran a red light and smashed into the side of the Mitsubishi Eclipse carrying Adenhart and three others. The tremendous force of the crash sent the Eclipse across the intersection and into a nearby utility pole.

Courtney Stewart, 20, the driver of the Mitsubishi, as well as another passenger, Henry Nigel Person, 25, both died at the scene. Adenhart survived the impact but later died at UC-Irvine Medical Center. Only one of the four, Jon Wilhite, 24, lived through the horrendous ordeal. He was listed in critical condition but is expected to pull through.

The accident became a hit-and-run when Gallo fled the scene on foot, but was picked up a half hour later by police about a mile from the accident. Already on a suspended license, according to police, Gallo's blood-alcohol level was above the legal limit. Besides facing the consequences of a second drunk driving offense, he could end up going to jail should authorities press for more serious charges, such as vehicular manslaughter or even murder.

 

Another tragedy strikes Angels, MercuryNews.com, April 9, 2009

It seems that nearly anyone can run afoul of the law, even those who are responsible for upholding it. Take the case of a former municipal court judge who served in Morris County, New Jersey, until a 2007 drunk driving conviction cost him his job.

Now, two years after that first DWI conviction, George R. Korpita has found himself once again before the court, convicted of driving while intoxicated, careless driving, failure to keep right and refusing a breathalyzer test during a traffic stop in February 2008.

After admitting to his alcoholism in a Sparta Township courtroom -- he stated that he regularly attended meetings of Alcoholics Anonymous and had been sober for 11 months -- Korpita received a suspended 45-day jail term for his latest offense. Municipal Court Judge John E. Mulhern then ordered Korpita to pay close to $2,000 in fines and immediately surrender his driver's license.

The judge also suspended Korpita from driving for two years and seven months, and ordered him to continue attending AA meetings six days a week for the next two years -- the court made it clear that he must attend every meeting or risk being jailed. Korpita's defense lawyer said his client fully intends to make an appeal.

Korpita, who had served on the municipal courts of Dover, Rockaway Borough and Victory Gardens, stepped down from his position in Morris County in December 2007 after admitting to driving drunk in Roxbury, NJ, where he also threatened the arresting officers. At the time of that sentencing, he received three years' probation and was ordered to complete 100 days of community service, as well as the loss of his driver's license for 12 months. Korpita's law license also was suspended by the state of New Jersey for three months, and he agreed to forfeit all his judgeships and promised never to hold another public position again.

Municipal prosecutor Victor Jusino said that Korpita's previous position as a judge, with power to determine the fate of other people, was a key factor in the court's decision to issue a harsh sentence for this second drunk driving offense. "This is not a garden-variety DWI, or a second garden-variety DWI," Jusino said. "This isn't the first time he's done it."

Former judge must remain sober or face jail for DWI, APP.com, March 20, 2009

Former NJ judge convicted of 2nd DWI charge, newsday.com, March 19, 2009

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