New Jersey DWI Lawyer Blog

If you feel that jail time for a drunken driving conviction merits DWI being categorized as a crime, and therefore a jury trial, you're not alone. However, as stiff as sentences can be for driving under the influence, the Superior Court of New Jersey, Appellate Division, believes otherwise. A recent decision made that abundantly clear when Steven G. McLaughlin filed an appeal for a DWI conviction he received because his case was not heard by a jury.

As a New Jersey DWI defense attorney, I have heard defendants say they wanted a jury trial. This may not seem so odd, as many people believe that if jail time can be attached to a drunken driving conviction, then they deserve to have their case heard by a jury of their peers. Unfortunately, this latest ruling by the New Jersey Superior Court will probably put juried trials on hold for motorists accused of driving under the influence of alcohol.

According to court records, in October 2008, Stephen McLaughlin was denied his motion for a jury trial on his third charge of driving while intoxicated by the Law Division. This motion followed a trial in Brick Township back in September 2005 when McLaughlin was convicted of DWI, reckless driving, and speeding.

Upon appeal the man was again found guilty of all three offenses and was sentenced to 90 days in jail and 90 days of in-patient alcohol treatment for the drunk driving offense. This included a concurrent sentence of 30 days for the reckless driving charge. The court also ordered the man's license to be suspended for 10 years, as well as being assessed related fines and court costs.

Following a third appeal and conviction, McLaughlin applied to the Law Division for a jury trial on his drunk driving offense. The trial judge in that particular appeal denied the defendant's motion and ordering the immediate execution of the sentence previously imposed.

In the Superior Court's decision, it stated that it rejected McLaughlin's motion for exercise of their [sic] rights to indictment by a Grand Jury and trial by jury. While the defendant indicated he faced serious "quasi-criminal and civil consequences" as a direct result of the municipal court proceedings, the fact remains that defendant faces these stated consequences as a direct result of driving while under the influence for a third time and charged accordingly.

Continue reading "Appellate Court: DWI Not a Crime under NJ Law Despite Jail Time for Certain Convictions" »

Being arrested, much less convicted, of drunken driving can adversely impact an individual's personal and work life. In fact, careers have been ended by DWI convictions. This just one of many pitfalls as a result of being arrested for DWI or drug DUI here in the Garden State. As a New Jersey drunk driving defense lawyer, I know what happens to motorists arrested and charged with driving while under the influence of alcohol.

Having worked as a municipal prosecutor in years past, I am particularly sensitive when I read that a law enforcement officer has apparently taken advantage of their position to avoid punishment for an alleged crime. It's a sad fact that many times police officers who enforce drunken driving laws will themselves get a "pass" from other officers if stopped for driving while intoxicated.

According to a recent news article, State Police Trooper Sheila McKaig was reportedly stopped 10 times for various offenses including DWI over a period of 14 months, yet she never received a citation in New Jersey for any of those incidents. The most recent one occurred in Atlantic City in 2008 when McKaig was let go after she was pulled over by another officer on suspicion of DWI.

Based on news reports, Police officer Ronald Gorneau spotted McKaig's Toyota swerving and pulled it over. According to the police incident report, McKaig admitted she drank "a lot" before getting behind the wheel. However, after being taken to the Hamilton Township police station in Mays Landing, when was released without charges and taken home by fellow troopers.

New articles indicate that this latest incident was not out of the ordinary. McKaig's Atlantic City stop was the third time in three months during early 2008 that McKaig was stopped while off duty by Hamilton police. Because of so-called professional courtesy, in each of those instances no blood-alcohol content (BAC) test was administered to McKaig, no charges were filed and no tickets were written.

Professional courtesy is attributed to instances where police officers give fellow cops a pass that they would not normally give to the average motorist. The irony is that during this same time that officer McKaig has been given multiple passes after DWI stops, the state of New Jersey and local law enforcement agencies have had a sustained crackdown on drunken driving.

According to news reports, state police officials have stated that the 41-year-old McKaig is a highly respected and decorated trooper who has earned her spot patrolling the Atlantic City Expressway by staying sober the past two years. Although she caught a break from Hamilton police, they said, she used the opportunity to turn her life around. All that can be said here is that very few ordinary New Jersey drivers would have been so lucky as officer McKaig.

Special treatment for trooper in DWI stops, TheDailyJournal.com, April 26, 2010

Multiple drunken driving arrests or numerous DWI convictions can be devastating to a New Jersey resident's driving record, much less a person's life. When a traffic fatality is involved, the legal situation can become very serious very quickly. As a New Jersey drunk driving defense attorney, I and my colleagues have represented hundreds of individuals in drunk driving-related court cases. Many of these cases have had to do with the death of another person, which makes a DWI lawyer a necessity.

Recently an out-of-state motorist was indicted for what is referred to as aggravated manslaughter as a result of a fatal Cape May automobile crash in September of last year. According to news reports, John J. Lawless, 37, of Philadelphia was indicted on January 12 for aggravated manslaughter. The first-degree offense occurred on September 12 when Lawless allegedly killed Frederick Shelton, a Lower Township, NJ, resident.

Based on news reports, the chief assistant prosecutor in the case said that Lawless had a blood-alcohol content of 0.229 percent, which is nearly three times the legal limit in New Jersey. Authorities allege that Lawless was driving his Chrysler Sebring while intoxicated, when he veered into the southbound on Route 9 near Bennetts Crossing in Lower Township, hitting a Ford Escort carrying Shelton, his wife and the couple's 13-year-old daughter.

Shelton was killed in the crash, while his wife, Sheri, and daughter, Brittany, were injured in the accident. The two survivors of the crash were airlifted to Cooper University Trauma Center in Camden in critical condition. According to police records, Lawless has a long record of drunk driving offenses in Pennsylvania, including:

-- Oct. 3, 1996: Driving While Intoxicated (DWI) arrest

-- March 16, 1998: DWI arrest with 2-month min/3-month max prison term, plead guilty

-- Sept. 7, 1998: DWI arrest with 2-month min/3-month max prison term, plead guilty

-- April 29, 1999: DWI arrest. Plead guilty to recklessly endangering another person. Placed
on one-year probation. Plead guilty to DWI, 2-month min/3-month max prison term

-- July 62, 2004: DWI arrest. Dismissed under speedy trial regulations

-- June 11, 2005: DWI arrest with 1 yr min/2 yr max prison term. Plead guilty

-- Dec. 24, 2008: Involved in a motor vehicle accident in Philadelphia, arrested for DWI

Law enforcement authorities state that Lawless' Pennsylvania driver's license was suspended indefinitely on or about 2001.

PA Man With 7 Prior DUI Arrests Indicted For Aggravated Manslaughter In Fatal Crash, CapeMayCountyHerald.com, January 12, 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

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.

A Montville, New Jersey, woman was recently sentenced to 48 months in jail after being convicted for her third drunk driving arrest as well as vehicular assault charges after hitting a police officer and two other vehicles in 2008. Having defended many New Jersey motorists accused of driving under the influence of alcohol, I can only say that this type of case needed serious DWI defense work.

According to news reports, Andora Needleman, 47, pled guilty back in August to a couple counts of vehicular assault, as well as driving while intoxicated, plus leaving the scene of an accident. One assault charge was for hitting Officer Kevin Milley, while the second was for hitting a car with a five-year-old child on board.

Superior Court Judge Salem Vincent Ahto revoked Needleman's driver's license for 10 years, which begins when she is released from prison. She is expected to apply for early release from prison under the state's Intensive Supervision Program, which is a stringent form of parole.

The incident in question happened in June 2008. Officer Milley was directing traffic at the intersection of Route 202 and River Road when the apparently drunk Needleman struck two vehicles in traffic in front of her then hit the officer. Milley, who suffered bruises and pain in his back, neck, arm and shoulder, told the defendant in court that he would have pulled his service gun and shot at her as she sped off but didn't because other vehicles and people were in the area.

After hitting the officer, Needleman kept traveling in her 2004 Ford pickup truck. Morris County Assistant Prosecutor Brian DiGiacomo said that Milley got Needleman's license plate, which allowed officers to trace the registration. They were waiting at her Taylortown Road home when she showed up.

According to police reports, Needleman's blood-alcohol level was 0.26 percent -- more than triple the 0.08 percent level at which a motorist is deemed legally intoxicated in New Jersey. Since the incident, Needleman has been undergoing treatment for alcoholism.

Montville woman gets prison sentence for third DWI, hitting cop, DailyRecord.com, October 8, 2009

In seeming reaction to the recent sentencing of Shaun P. Campbell, the 40-year-old East Rutherford resident with 16 convictions for driving while intoxicated and nearly 80 related license suspensions to his name, the New Jersey media and public are apparently fed up with any individual having multiple drunk driving convictions on his or her record. As a New Jersey DWI defense lawyer, I know what these folks are going through.

As a drunk driving defense attorney, I also know that some people are less cautious than others and never consider the implications of driving drunk, even if it means just a couple beers. This is why I encourage my friends and family to always have a designated driver for those times when a celebration becomes too exuberant.

According to a recent editorial, the media may be calling for more strict sentencing and harsher laws to keep repeat DWI offenders off public roads. Campbell, who is now going to jail for almost five years as a result of his most recent DWI-related traffic accident, will also have to pay more than $9,000 in fines. Campbell's latest license suspension means he won't be eligible to drive legally until he is 81 year old.

As Mr. Campbell's case demonstrates, the law had been unable to keep him off the road. Now the question people are asking themselves is how can the legal system keep people like Campbell from driving illegally again?

One solution is lengthy jail terms for repeat offenders. Legislators may feel that harsh sentencing is the only way to prevent repeat drunk driving offenders and those who demonstrate little respect for the law from operating a vehicle.

Currently, drivers convicted of DWI can be sentenced up to 30 days for a first-time offense. A second offense carries a prison term from 48 hours to as much as 90 days, while a third DWI brings a 180-day sentence (which can be reduced with community service). New Jersey also requires multiple DWI offenders to have a breathalyzer-ignition interlock device installed on their vehicles under certain circumstances. These interlock devices prevent the vehicle from being started until the driver blows into a breath test device which must register a blood alcohol content (BAC) reading below the legal limit of 0.08 percent.

The shear strength of the public's outcry for stronger drunk driving laws has resulted in a bill currently working its way through the New Jersey state legislature that would amend the current law to require first-time offenders to install one of these devices after being convicted of having a blood alcohol content of 0.15 percent or above. Ocean County Assemblymen James W. Holzapfel, Brian E. Rumpf and David W. Wolfe are among the co-sponsors.

Stiffen penalties for DWI offenses, APP.com, September 22, 2009

An East Ruther ford man was sentenced to 4 1/2 years in prison by a Morris County, NJ, court on September 18 in the culmination of more than one dozen drunk driving convictions and 78 license suspensions over his driving career. Shaun P. Campbell, 40, was sentenced in Superior Court, Morristown, for the auto wreck in Morris Township that he caused while driving under the influence of alcohol this past April, as well as two other DWIs and driving while suspended he accumulated in Wayne and Pequannock in 2008.

As a New Jersey drunk driving defense lawyer and former municipal prosecutor, I must say that this is one of the most active drunk drivers to come through this state's court system in a while; which is likely why the Morris County Assistant Prosecutor Brian DiGiacomo requested "enhanced penalties" for Mr. Campbell, and why the court obliged by suspending the defendant's driver's license for an astounding 41 years.

Equating the dangers of Campbell's drinking and driving with the actions of a violent criminal, the court held up his 16 DWI convictions and 78 license suspensions as justification for the sentence, which included a 4 1/2-year prison term, more than $9,000 in fines and the near half-century license suspension.

In announcing the sentence, Superior Court Judge Salem Vincent Ahto admonished Campbell by saying, "when you get behind the wheel in a drunken stupor, you become a potential assassin. You earned the right to go to state prison."

Remarkably, through all of his drunk driving episodes, Campbell had never caused a reported injury to another person until April 23. On that day, he veered into opposing traffic and struck, head-on, a pick-up driven by Harold A. Bivins Jr., 48, of Chatham Township. Bivins' 4-year-old daughter, Hannah, was in a child's seat in the pick-up. Neither was seriously injured.

According to reports, Campbell entered additional pleas to driving drunk in Pequannock and Wayne and being an unlicensed driver on both occasions. On both of those occasions he wasn't actually driving but was discovered by police sleeping off bouts of drinking in his vehicle, which he had parked in local auto dealership lots.

Under the sentence, Campbell must serve 18 months in state prison for the assault by auto conviction. The remainder of the time behind bars, for motor vehicle offenses of DWI, driving while revoked, and leaving the scene of the April 23 crash, will be spent in either the Morris County or Passaic County jail.

Defense attorney John Paul Velez made arguments for a probationary term, saying that Campbell never contemplated harm, has been undergoing counseling and wishes to be a spokesman for the Intoxicated Driver Resource Center.

Driver's license revoked for 41 years; Man gets 4 1/2 years in prison, DailyRecord.com, September 19, 2009

Accidents happen, that's a fact of life. But fatal automobile accidents involving alcohol or drugs is another matter altogether. Last weekend, a 37-year-old man allegedly driving drunk hit a New Jersey family traveling on State Highway Route 9 near the intersection of Bennett's Crossing in Cape May County, killing a husband and father of three.

As a New Jersey DWI defense attorney, I have represented individuals caught up in similar accidents. Fatal auto accidents involving drug or alcohol intoxication receive very close scrutiny by law enforcement authorities. Having a qualified drunk driving defense lawyer working for you is essential in cases like this one. The facts of this particular case are difficult to dispute.

According to police reports, around 8:30 in the evening of September 5, John J. Lawless from Philadelphia was driving in the northbound lane of Route 9 approaching Bennett's Crossing in Lower Township, NJ. News accounts said that his car apparently failed to follow the slight curve in the road. Entering the southbound lane, Lawless struck, almost head-on, an oncoming vehicle driven by 50-year-old Fredrick H. Shelton.

Shelton's car, which was also carrying his wife and their 13-year-old daughter, was struck in the front driver's side, near the front tire. The force of the impact caused Shelton's car to spin partially into the Bennett's Crossing intersection where the vehicle came to rest facing north in the southbound lane of travel. Meanwhile, Lawless' vehicle continued past the intersection and came to rest facing westbound straddling the northbound and southbound lanes.

Paramedics arriving on the scene attempted to revive Shelton using CPR, however they were unsuccessful and the man was pronounced dead not long after. The man's wife, Sheri Shelton, was transported by the Lower Township Rescue Squad to the Atlantic City Regional Trauma Center where she was listed in critical condition following emergency surgery.

The Shelton's 13-year-old daughter was initially transported by the Lower Township Rescue Squad to Cape Regional Medical Center where she was stabilized then air lifted to Cooper Hospital in Camden New Jersey.

According to reports, the suspect had a strong odor of alcoholic beverage on his breath. He was transported to Atlantic City Regional Trauma Center and admitted to the hospital for injuries sustained in the accident. Lower Township Police Officers proceeded to Atlantic City Regional Trauma Center and retrieved blood samples from Lawless as part of the investigation.

According to new reports, Lawless' Pennsylvania driver's license has been suspended since 2001 and he had multiple arrests for driving while intoxicated in that state. Police have charged Lawless with one count of death by auto and two counts of assault with a motor vehicle. In addition, he has been charged with DWI, operating a motor vehicle with a suspended drivers license, reckless driving, and failure to maintain a single lane.

Man charged with DUI, vehicular homicide, ABCLocal.com, September 14, 2009

There are just some people that you can't help. As a New Jersey DWI defense lawyer, I have represented many multiple drunk driving offenders, but few like Shaun Campbell of Bergen County, New Jersey. Most of the clients I have worked with learn their lesson and try to make a clean start of things following a brush with the law as it applies to driving under the influence of alcohol. But other people convicted of driving while intoxicated go back and make the same mistakes over and over again. So it has been for Mr. Campbell.

According to reports, the 40-year-old Campbell had his license suspended nearly 80 times during his 22-year driving career. His admission of guilt to his 15th DWI charge was the latest in a string of convictions. This particular case involved an April head-on collision in Morris Township when Campbell, self-described as being plastered on beer, drove his sport utility vehicle into a Ford pickup truck driven by a Chatham man and carrying that man's four-year-old daughter. Luckily, no one was killed.

Campbell pled guilty to assault by auto, DWI and driving while on the revoked list. The Morris County assistant prosecutor has recommended that Campbell receive the maximum sentence of 18 months in prison for the assault by auto, and consecutive 180-day terms on the drunken-driving and revoked license charges. He also recommended that Campbell receive an extra 90-day term as an enhanced penalty on the license revocation offense.

Though the lack of a valid license hasn't stopped him from driving so far, Campbell will lose his driving privileges for at least another 10 years and face about $3,000 in penalties. His lawyer stated that he would argue at sentencing for a shorter prison sentence, but the Morris County prosecutor's office has said it would seek the maximum penalties for Campbell.

It would be an understatement to say that this is a challenging case for the defense. It is made especially tough because the case itself has prompted the state legislature to take up a bill to criminalize some repeat drunk driving offenses. Part of that legislation would make it a fourth-degree crime to drive under the influence while already on the suspended list for a DWI conviction. Other proposed content includes increased penalties for repeat DWI offenders who are found to have a blood alcohol content (BAC) of 0.20 percent or higher -- according to reports, Campbell's BAC was 0.288 percent, more than three times the legal limit.

Man heads to jail after 15th DWI, dailyrecord.com, July 1, 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)

Talk about your repeat drunk driving offenders, East Rutherford resident, Shaun Campbell, will surely have a place in the record books. According to reports, the 39-year-old already had a dozen DWI convictions, and 78 license suspensions, prior to a recent accident when he allegedly caused a head-on crash with another driver and his four-year-old daughter at the intersection of South Street and Spring Valley Road in Morris Township.

Police say that Campbell was allegedly intoxicated when he ran his SUV into another vehicle in Morristown on Thursday, April 23. Immediately following the accident, the suspect was viewed running from the scene into nearby Loantaka Park in an effort to escape from police. All of this happened while Campbell's license was suspended by the state.

Campbell was caught and initially charged with driving while intoxicated and obstruction of justice. However, authorities also hit him last Wednesday with a charge of fourth-degree assault-by-auto in connection with this most recent accident.

First convicted for driving while intoxicated in 1987, when he was 17, Campbell has had his license suspended for 39 motor vehicle infractions and 39 "administrative" violations, including failure to appear in court and neglecting to pay fines.

Morris Township also had a $3,500 warrant for Campbell from a 2007 crash. He was remanded on the warrant but later posted bail and was released, according to the county prosecutor's office.

Morris County prosecutor Robert A. Bianchi on Wednesday afternoon asked the Superior Court to set a $50,000 cash-only bail because of "the defendant's prior demonstration of contempt and disregard for the judicial system and based upon the significant danger that he presents to the community." Typical bail for these kinds of charges are set at $2,500. Campbell was rearrested and remanded.

If you or a relative have received a summons for DWI of have been arrested for driving while intoxicated, we highly encourage you to retain the services of a New Jersey DWI Attorney. The legal professionals at The Law Offices of John F. Marshall are available 24/7 to provide assistance.

East Rutherford driver with 78 suspensions charged in assault-by-auto case, NJ.com, April 30, 2009

12 DWIs, suspensions couldn't keep him off road, NJ.com, April 29, 2009

Following a third DWI arrest, well-known Hollywood movie and TV star Rip Torn is seeking to dodge drunk driving charges in Connecticut by attending that state's alcohol awareness program. The 78-year-old performer, whose most recent television appearances have included the popular NBC sitcom, "30 Rock," already has two prior out-of-state drunken driving arrests.

In January, Torn pleaded not guilty to charges of driving while intoxicated when he was arrested last December. According to police, Torn was pulled over near his home in Salisbury while driving with a Christmas tree tied to the roof of his car. The arresting officer attempted to administer a breath test to determine the actor's blood alcohol content, but Torn refused to take the breathalyzer test, then reportedly used profanity while detained in the police cruiser.

Torn recently appeared in Bantam Superior Court, requesting admission to an alcohol education program, which is required in that state before DWI charges can be dropped. Torn's defense lawyer stated that his client had a chance of qualifying for the program despite his two previous drunk driving arrests. According to reports, Torn pleaded guilty to a lesser charge in the case of one drunken driving arrest and was acquitted in the other.

Authorities wouldn't comment on whether the prosecutor would attempt to block Torn's application, although it appears that the actor is eligible in this instance.

Rip Torn seeks to avoid drunken driving charge, The Associated Press, March 26, 2009

"30 Rock" Boss Applies for Booze School, NBCMIAMI.com, March 26, 2009

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