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

As a New Jersey drunk driving defense lawyer, I'll be the first to tell someone that mixing alcohol and motorcycle riding is a recipe for disaster. But sadly, drinking and driving even for seasoned bikers is not uncommon. When someone makes a mistake and takes to the road after having a drink or two, the result can be a DWI arrest at the hands of one of New Jersey's local, state or municipal law enforcement officers.

A news article not long ago told the story of a dual motorcycle crash that allegedly involved drunken driving. According to reports, three out-of-state riders met in a violent way on Route 78 near Bedminster, NJ, in late June. Police reports indicate that two motorcycles crashed in the early hours on a Sunday morning in northern New Jersey.

The crash, which the New Jersey State Police logged as a DWI-related claimed the life of a woman and left her companion critically injured. The other lone rider was arrested and charged with operating a motor vehicle while intoxicated.

Based on police reports, 56-year-old Paul Shelly and 45-year-old Nicole Widener were riding on Shelly's bike when it was struck apparently from behind by the second motorcycle driven by Maurice Smith, 36, of Patchogue, NY. Police said that Shelly was riding along the highway's center lane when Smith apparently attempted to pass them at what police describe as a "high rate of speed." According to the news, Smith's bike contacted with the rear wheel of Shelly's motorcycle causing the couple's vehicle to go out of control.

Widener was thrown into the roadway, where she was subsequently run over and killed by a car that then left the scene. Shelly ended up on the side of the road and was taken to Morristown Memorial Hospital, where he was listed in condition with leg and other injuries. Smith sustained several cuts and bruises and was treated at the hospital before being taken into custody.

Pa. woman dead in N.J. 2-motorcycle crash; one injured; one charged with DUI, PoconoRecord.com, June 20, 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

Being drunk on the road is always a risky scenario. But as a New Jersey drunk driving defense lawyer and former municipal prosecuting attorney, I know that many Motorists get caught up in DWI arrests unexpectedly. Understanding that being arrested for driving under the influence of alcohol is just the start of a long process is fine, but knowing that being convicted of driving while intoxicated is something you should avoid if at all possible.

The following may help some motorists in the Garden State avoid the pitfalls and legal troubles of being arrested, charged and convicted of drunken driving. Of course, the entire process starts with being pulled over for impaired driving in the first place. Whether you are eventually charged with DWI, drug DUI, breath test refusal, or other drunk driving violation, a traffic stop comes first.

Some people wonder is under what circumstances a patrolman can pull them over for driving drunk. While the officer in charge may not initially be aware of your alcohol consumption or prescription drug use, he can stop you for any number of reasons associate with violations of traffic law.

For instance, the policeman may actually see you running through a traffic light or even make a lane change without signaling. It's well known that certain vehicle maneuvers are signatures of a driver operating under the influence of beer, wine, hard liquor or prescription drugs. These suspicious driving patterns include drifting across the center line, weaving into and out of traffic lanes, driving well below the speed limit, or slowing and speeding up for no apparently legitimate reason.

Whenever a patrolman observes these and other so-called erratic driving behaviors, he may decide to make a completely legal traffic stop to observe you and your vehicle more closely.

Once a law enforcement officer has you stopped by the roadside, he or she will likely ask several questions. Whether you must answer these queries depends on the actual information be requested. You do not have to answer all questions put to you by an officer, but some you are legally required to answer, such as your name, age and whether you have a valid driver's license.

It is important to remember that police officers do not have to read you your Miranda rights until after an arrest has been made. Up until that point, the officer will probably attempt to illicit an incriminating statement from you, such as an admission that you were just coming back from a party or that you had been drinking. Gathering this type of information will help the municipal prosecutor to prove the DWI charges against you in a court of law and likely secure a conviction for drunken driving.

In New Jersey the law covering underage drinking and driving leaves little to the imagination. An individual must be 21 years of age or older to buy, be in possession or consume any type of alcohol-containing drink or beverage. In short: underage drinking is unequivocally defined as illegal. Because the state has such a strong stance against underage drinking, the legal consequences for this activity are severe under New Jersey law, especially when it comes to operating a motor vehicle while under the influence of alcohol.

Whether or not a youth is stopped for DWI, simply being convicted of drinking as a minor could affect that child's future driving privileges. As a New Jersey drunk driving defense lawyer, I know the negative impact that DWI and underage DWI can have on an individual now and in the future. For kids, this is not an area of the law they would want to experience. As a parent, it would behoove you to talk to your child about the consequences of underage drinking and underage DWI.

In this state, if a person under 21 years old is arrested for purchasing or consuming an alcoholic drink in an establishment licensed to sell alcohol, he or she could be fined $500, as well as lose their driver's license for up to six months. Parents take note here, because even if your child does not yet have a driver's license that potential suspension will start when the youngster is first eligible to receive his or her license. Furthermore, a young person who violates underage drinking laws may also be required by the court to attend an alcohol treatment or education program.

Anyone under 21 caught with even the slightest amount of alcohol in their system -- that is, a blood-alcohol content of 0.01 or more -- will be subject to: 1) the loss or postponement of driving privileges for 30 to 90 days; 2) fifteen to 30 days of community service; and 3) Successful completion of the program requirements of an Intoxicated Driver Resource Center or an alcohol education and highway safety program.

The Law Offices of John F. Marshall has a great deal of experience defending youngsters charged with underage DWI. I personally have been defending clients in New Jersey Municipal Courts for 15 years. Having worked as a municipal prosecutor earlier in my career, I know first-hand how the prosecution tends to approach such cases.

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

Police in the township of Hillsborough reported a trio of DWI arrests in mid-October, two of which were drivers from Somerset County; a second was from Mercer County. With six offices throughout the state, my team of New Jersey drunk driving defense lawyers provides representation for many residents across the Garden State. These latest arrests in Hillsborough are typical of the cases we see throughout the year.

According to the township police department, a 60-year-old local man was arrested for driving while intoxicated on October 9 in the parking lot of the Amwell Racquetball Club. News articles show that James Davison was found allegedly drunk in his vehicle by police officers following a report of a car hitting a parked vehicle at the club.

When officers arrived, they found Davison's car in one corner of the parking lot, with evidence of the collision with another vehicle, as well as two damaged signs near the entrance of the club. The suspect reportedly told the officers that he had drank a fifth of scotch before driving. Davison was charged with DWI, careless driving, leaving the scene of an accident and failure to report an accident.

The following day, a Somerset County man was arrested for DWI at the intersection of Amwell Road and Beekman Lane. According to reports, a patrol officer said he observed Matthew Poslusny drifting from the right to left lanes. The 22-year-old Neshanic Station resident told the officer he consumed two beers prior to driving, but later revealed that he had three "Jager bombs." Poslusny was charged with DWI, failure to maintain lane and DWI within a school zone.

A third drunk driving arrest was made in the early morning hours of October 11. According to police reports, a Mercer County driver was arrested for DWI after his vehicle came to a stop in the parking lot of Hillsborough Diner after swerving into oncoming traffic near the diner. Melvin Corado, 32, from Trenton was charged with DWI, failure to maintain lane, being an unlicensed and suspended driver, refusal to repair and fraudulently obtaining a certificate of approval.

Hillsborough Police news, NJ.com, October 20, 2009

The drunk driving defense lawyers from The Law Offices of Jonathan F. Marshall defend New Jersey Motorists against DWI, breath test refusal and drug DUI charges. The following police reports for communities in Mercer, Middlesex and Somerset counties reflect the types of cases my firm typically handles on a regular basis. A conviction for driving under the influence of alcohol can severely impact a person's current job and future career prospects, not to mention his or her standing in the community, as well as personal and business relationships.

West Windsor

Plainsboro

Continue reading "New Jersey Drug DUI-DWI Update: Police Blotter for Mercer, Middlesex and Somerset Counties" »

It's not unusual for New Jersey drivers to be stopped for drunk driving if they exhibit signs of intoxicated driving. Some of these signs include failure to stay in one's lane, excessive speed, driving markedly below the posted speed limit, careless driving, erratic vehicle operation, etc. Of course, many of these can also be attributed to other situations not involving drinking and driving. For this reason alone, as a New Jersey drunk driving and drug DUI defense attorney, I can say that not every traffic stop results in a DWI summons.

There are cases where the police will stop a driver based on observations of the person's vehicle, then submit the individual to a field sobriety test if the officer believes that driver is intoxicated. Everyone deserves the opportunity to have their day in court. Retaining an experienced DWI attorney is the first step toward contesting a drunk driving summons or breath test refusal. The following are several examples of recent DWI and drug DUI arrests in the local area.

A 46-year-old man from Matawan was pulled over for straddling the dashed white line and driving in both eastbound lanes on Amwell Road in the early morning hours of August 16. Police reportedly charged the man with driving while intoxicated and failure to maintain the lane. After being taken into custody, the man failed several field sobriety tests. Officers took him to police headquarters where he was found to have a blood alcohol level of 0.20 percent -- nearly three times the legal limit in New Jersey.

Following a call by a local resident who reported being woken up by a crash in front of his house, police responded to an alleged hit-and-run accident in Deer Path. According to reports, the caller told police that he heard the sound of a vehicle driving across the yard. The car belonging to a 20-year-old Deer Path man reportedly had jumped the curb and struck a tree in a neighbor's yard, before traveling across the driveway and grass. The driver was later found in his vehicle parked in his garage, along with evidence that the car had recently been in an accident. Police took the man into custody after he failed several field sobriety tests. At police headquarters, he was found to have a blood alcohol level of 0.11 percent. He was charged with DWI, failure to keep right, reckless driving, leaving the scene of an accident, failure to report an accident and underage consumption of alcohol.

Continue reading "New Jersey Drunk Driving News: Hillsborough Township DWI Police Blotter" »

A three-car wreck on Dukes Parkway in Hillsborough was allegedly caused by a local drunk driver in late August. Officers from the Hillsborough Police Department arrived at the scene shortly following the accident to find three damaged vehicles and several injured passengers. As a New Jersey DWI defense attorney, one of my first questions to any client accused of causing an accident as a result of drunk driving is, "Were there any injuries?" While an injury accident may complicate a driving while intoxicated defense, my office has vast experience with cases just like this one.

The driver charged in this particular incident is a 26-year-old woman from the Hillsborough area. According to reports, Erin Markakis was allegedly intoxicated when she failed to maintain her lane on Dukes Parkway West. The Lexus that she was driving hit a Toyota head-on, which then plowed into a nearby BMW. The accident happened during rush hour between Route 206 and Roycefield Road in Hillsborough.

According to the Somerset County prosecutor, and Hillsborough police chief, Markakis was driving eastbound on Dukes Parkway West in a 2002 Lexus RX300, while another driver, Emilyfee Yap, also a resident of Hillsborough, was heading west on same road in a 2001 Toyota Highlander. Behind the Toyota was a third vehicle driven by Penny Sweeney.

Apparently unable to maintain her lane, Markakis crossed the centerline of the road and struck the RX300 head-on, which then was pushed backward and off the north side of Dukes Parkway into a 2005 BMW X3 driven by Sweeney.

The collision was serious enough to trap Markakis in her vehicle, and also caused her to sustain serious injuries. Emergency personnel treated her and she was subsequently flown to Robert Wood Johnson University Hospital (RWJUH) in a New Jersey State Police Medevac helicopter.

Yap and two of her children, a daughter age 12 and a son age 3, were injured in the collision along with a 6-year-old relative. Yap and the young boy, the most seriously injured of the three, were also flown via MonOc Medevac helicopter to RWJUH. The other two children were taken via ambulance.

Sweeney sustained injury and was treated and released at Somerset Medical Center. While this accident was being investigated jointly by the Hillsborough Police Traffic Safety Unit and the Somerset County Collision Analysis Reconstruction (C.A.R.) Team, police have charged Markakis with driving while intoxicated.

Hillsborough woman charged with DWI in three-car crash on Dukes Parkway injuring several Medevaced from scene, NJ.com, August 19, 2009

People drink for all sorts of reasons, many times because they are unhappy with life or feel that they are in a situation from which there is no escape. As a New Jersey drunk driving defense lawyer, I know that many people accused of DWI are not necessarily thinking clearly, and not just because of the physical affects of alcohol. A recent news article brought this home when I read that a woman from Middlesex County had tried to kill herself in Bridgewater Township.

According to police reports, Kathleen Hoffman, a resident of South Plainfield, was sitting in her Chevrolet Corvette at a scenic overlook near Route 78 in the early afternoon last Tuesday. Apparently distraught, the 55-year-old then crashed her sports car though a wood barrier, through a metal fence and down a steep wooded embankment, causing the car to roll several times before coming to rest at the bottom.

By the time rescuers arrived at the scene, she was trapped but still alive. Emergency workers had to cut her out of the vehicle, after which she was airlifted to nearby Morris Memorial Hospital where she was treated for moderate injuries. Thankfully, nobody else was injured in the incident, although it did tie up traffic on Route 78 for quite sometime.

Police reportedly charged the woman not only with attempted suicide, but also with drunk driving. Considering her act of apparent desperation, this lady likely needs some intensive counseling as well as an experienced DWI attorney. My office has handled numerous cases where an individual was charged with drunk driving, but did so as a result of difficult life circumstances. Nobody can excuse a person for putting others at risk, but as this story shows, there may be a deeper reason for a person's actions that should at least be considered in the overall picture.

South Plainfield woman accused of DWI in Bridgewater crash, NJ.com, July 8, 2009

A suspected drunk driver steered her speeding SUV within inches of a Branchburg Township police officer as he was conducting another traffic stop the evening of April 10. The obviously intoxicated driver of the SUV was later found to have 14-year-old minor riding with her, police said.

The incident occurred on Route 28 in the township's North Branch section just before 8 p.m. The officer, Fred Ghanim, had just stopped a vehicle for speeding and was getting out of his cruiser to issue a non-DWI summons. Just as the officer stepped out his vehicle, but before he could close the driver door, a silver SUV swerved in Ghanim's direction at a high rate of speed.

According to the report, Officer Ghanim pulled the door tight against his body, effectively sandwiching himself between the body of the police cruiser and the driver's door as the SUV sped past.

It must be said, at this point, that far too many law enforcement professionals lose their lives in the line of duty, but the senseless deaths caused by drunken drivers are all the more sad, and preventable. Near-miss situations like this one illustrate the razor's edge between life and death that public safety personnel face every day while patroling our nation's roadways.

Fortunately, this incident ended with no serious injuries. Ghanim reported that the SUV missed his door by about an inch before the driver swerved back into her lane.

Soon after, police stopped the 38-year-old SUV driver, Betsy L. Nash of North Branch, who had the odor of alcohol on her breath. This prompted officers to ask her to perform a field sobriety test. She failed that test and was subsequently given a blood alcohol test, which turned up a reading of 0.13 percent -- significantly over the legal limit in New Jersey.

Nash was charged with several counts, including careless driving, DWI, and driving while intoxicated with a minor on board. She was later released to a member of her family. Considering how close she came to injuring or even killing a law enforcement office, she was extremely fortunate.

If you are pulled over by police and found to have a BAC of 0.08 percent or more, you will be charged with DWI, if arrested. You could face a fine and jail time if convicted. Any driver issued a summons for DWI is encouraged to contact a New Jersey DWI Attorney. Our legal team is available around the clock to help you.

Branchburg Police Plotter, MyCentralJersey.com, April 14, 2009

Continue reading "DWI Arrest Follows Near-miss with New Jersey Police Officer" »