New Jersey DWI Lawyer Blog

Not a single days goes by that some New Jersey motorist is pulled over by a State Police trooper or local law enforcement officer for some traffic infraction. It is not uncommon for such routine traffic stops to turn into drunk driving arrests, for a number of reasons. As a New Jersey DWI defense attorney, my office provides a valuable service to individuals accused of driving under the influence of alcohol or prescription drug DUI.

Regardless of the circumstances, it is foolish to "take your medicine" and not fight a drunk driving charge. This is especially true for persons with jobs that require a valid driver's license and an unblemished driving record. Even those people who do not rely on driving to support themselves and their family, a DWI conviction can have a lasting effect on an individual's standing in the community and with their friend and relative.

The two recent arrests in Lyndhurst, NJ, illustrate the way in which motorists can be singled out by police and eventually charged with operating a motor vehicle while intoxicated.

Late on a Saturday evening, Lyndhurst police officers observed a vehicle allegedly speeding on a surface street around 11pm. After apparently failing to stop for a pedestrian in a nearby crosswalk, 29-year-old Mary Murillo of Hasbrouck Heights was stopped by officers near Valley Brook and Grant Avenues. During the traffic stop officers apparently detected signs of alcohol consumption on the driver's part. Murillo was charged with drunk driving, as well as being issued summonses for careless driving and failure to stop for a pedestrian in a crosswalk.

Earlier that same evening, an incident involving underage drinking was recorded by Lyndhurst police. Based on a report of drunken individuals on the property of Columbus School, police officers arrived at the scene around 9:40pm to find that several allegedly intoxicated juveniles had moved to Third Avenue near Ridge Road. Based on the police report, two youngsters -- a 17-year-old male and 16-year-old female -- were with a 19-year-old male who was allegedly in possession of alcohol. According to police, the three were taken into custody.

Following the incident, the two younger juveniles were turned over to their parents without charges being filed against them. However, the 19-year-old, an Ebenezer Fobe of Lyndhurst, NJ, was charged with underage consumption of alcohol.

Lyndhurst: Police Blotter, NorthJersey.com, April 29, 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

Here in New Jersey, state and local law enforcement agencies take underage drinking very seriously. As a minor or parent of an underage child, you should know that New Jersey law is very specific when it comes to underage drinking and driving. Since a person must be 21 years or older to puchase, be in possession of or consume an alcoholic beverage, underage drinking is -- by definition -- against the law.

The consequences of underage drinking are rather severe under state law, especially as when as it applies to operating a motor vehicle while under the influence of alcohol. But regardless of whether you are stopped for DWI while operating a vehicle, simply being convicted of underage drinking could very probably affect your driving privileges into the future.

Case in point, say an individual under 21 is arrested for purchasing and/or consuming a beer or wine cooler at a licensed establishment, that person could be fined $500, not to mention lose his or her driver's license for a maximum of 6 months. Parents please make a note here: Even if your youngster doesn't have his or her driver's license yet, the potential driver's license suspension will begin as soon as he or she becomes eligible to receive their license. Furthermore, any youngster who violates New Jersey's underage drinking laws may also be required 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 the following penalties under New Jersey law:

-- Loss or postponement of driving privileges for 30 to 90 days
-- 15 to 30 days of community service
-- Successful completion of the program requirements of an Intoxicated Driver Resource Center or an alcohol education and highway safety program

As drunk driving attorneys, I and my colleagues have a great deal of experience in defending individuals charged with underage DWI offenses. We have been defending clients in New Jersey Municipal Courts for more than 15 years. Because conviction for a drinking and driving offense can have a serious impact on a young person's life going forward, an underage drinking arrest should not be ignored.

In the early hours on a Wednesday morning, police observed a vehicle apparently being driven in an erratic manner. Pulling the car over to issue a traffic citation, the patrolman likely detected evidence of drinking and driving on the driver's part, after which the 20-year-old female resident of Greenvillage, New Jersey, was arrested for driving while intoxicated. The officer took the allegedly drunken driver to police headquarters and charged with DWI. She was released to the custody of a friend not long afterward.

In a potential case of drug DUI, a 19-year-old out-of-state woman was found by police to be in possession of possession of marijuana and drug paraphernalia following a routine traffic stop in the municipality of Madison, New Jersey. Although the officer in charge had originally stopped the vehicle apparently for a moving violation, he discovered that a passenger was in possession of a schedule 3 narcotic. The woman was transported to headquarters for processing and later released pending a court appearance.

During a routine early evening traffic stop for defective vehicle, a Madison, NJ, police officer apparently suspected that one of the passengers in the vehicle may have had some kind of controlled dangerous substance (CDS) on his person. The suspect, a 19-year-old Fairlawn man, was arrested and charged with possession of marijuana, possession of prescription legend narcotics, and possession of drug paraphernalia. Officers transported the man to headquarters for processing and then released him pending a court appearance.

Police officers pulled a vehicle over in the early morning hours on a weekend for an apparent motor vehicle violation. During the traffic stop, police detected evidence of alcohol consumption with the 42-year-old driver of the vehicle. The local Madison man was charged with operating a vehicle while under the influence of alcohol. He was arrested and taken back to the police department for booking. In addition to DWI, the man was issued citations for careless driving and improper use of headlights.

On the same morning, a 20-year-old resident of Lebanon, NJ, was stopped by police for a routine traffic infraction. During the traffic stop, the officer made a determination that the driver was operating his car while intoxicated. The man was taken to police headquarters and charged with DWI, under-age possession of alcohol, refusal to submit to a breath test, and also speeding. A mandatory court appearance is pending.

Madison Police Blotter, TheAlternativePress.com, March 22, 2010

While fighting a DWI arrest is a fairly common practice, fighting a drunken driving charge after "blowing" a double-zero on an Alcotest device is somewhat out of the ordinary. As a New Jersey DWI defense attorney, I and my colleagues are certified in the proper use, operation and maintenance of the Alcotest breath testing machine typically in use by most all of New Jersey's police departments and state DWI enforcement agencies.

According to a recent news article, a Garfield, NJ, man was charged with driving under the influence of alcohol even after he registered a 0.0 percent blood-alcohol content on not one, but two supposedly well-maintained and correctly calibrated Alcotest devices. Regardless, Fair Lawn police charged 20-year-old Dariusz Palka with DWI anyway.

Based on police reports, Palka was pulled over around 2am at a DWI sobriety checkpoint on Broadway and 17th Street while traveling in the city with a number of buddies back on December 19. The friends were reportedly looking for a place to eat as the reason for their late night drive.

Based on police reports, the officers at the checkpoint allegedly detected the odor of an alcoholic beverage coming from the vehicle, after which Palka was asked to step out of the vehicle and take a field sobriety test. According to police, the driver failed several of these sobriety tests and was subsequently placed under arrest.

Reports indicate that officers also discovered an allegedly fraudulent inspection sticker on Palka's Ford Explorer and removed the item as evidence.

Police took the man back to police headquarters where he submitted to a breath test on two separate Alcotest machines about an hour following the initial stop at the checkpoint. According to reports, neither the Bergen County Police Department nor the New Jersey State Police had a drug recognition expert available so Palka was not evaluated for possible drug usage.

Although the man observed that he likely failed the field sobriety tests because he suffers from insomnia and had not slept in about 24 hours, police decided to charge Palka with "operation of a motor vehicle by a person whose blood alcohol is between 0.01 percent and 0.10 percent and is under the legal age to purchase alcoholic beverages. The man entered a not guilty plea and was prepared to go before the Fair Lawn Municipal Court in regard to this charge.

Man charged with DWI with 0 blood alcohol level content, NorthJersey.com, February 11, 2010

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.

Having defended many minors charged with underage drinking and DWI, I have more than enough experience to state a number of significant facts. As a New Jersey drunk driving defense lawyer, I know that a conviction for underage drinking and driving can make a serious impact on a young person who is just setting out on his or her journey toward adulthood.

The facts are simple: If any person under 21 years is found to have purchased or consumed an alcoholic beverage in an establishment licensed to sell alcohol, that young person could be fined up to $500. Furthermore, the court can order that the defendant lose his or her driver's license for up to six months.

If you think this doesn't affect someone who hasn't even been issued a license, you would be mistaken. Parents themselves should be aware that even if your child does not yet hold a license, if convicted the potential suspension will start as soon as your youngster is initially eligible to receive that license. Just like adults, any young person who violates the state's underage drinking laws may also be required by the court to attend an alcohol treatment or education program.

New Jersey's laws regarding underage drinking and driving are very specific. Since a person must be 21 years or older to buy, possess or drink any alcoholic beverage, underage drinking is by definition illegal. Drinking and driving goes without saying. The consequences for underage drinking are very harsh here in New Jersey, especially when it comes to operating a vehicle while under the influence of alcohol.

But whether or not you are stopped for DWI, an underage drinking offense could affect your driving privileges now or in the future. Anyone under 21 caught with even the slightest amount of alcohol in their system -- which means a blood-alcohol content of 0.01 or more -- will be subject to a number of penalties under New Jersey law. These include the following:

• Loss or postponement of driving privileges for 30 to 90 days
• 15 to 30 days of community service
• Successful completion of the program requirements of an Intoxicated Driver Resource Center or an alcohol education and highway safety program

It is very important that if your child or young relative is charged with underage drinking and driving, we highly recommend that you seek the services of an attorney experienced in defending persons charged with underage DWI offenses. Having served as a municipal prosecutor in my early career, I know first-hand how the prosecution approaches such cases. You should always have a qualified legal professional at your side in these circumstances.

As a New Jersey DWI defense attorney and former municipal prosecutor, I use my vast background in drunk driving law to help motorists accused of driving under the influence of alcohol. I always maintain that individuals charged with drunk driving, prescription drug DUI or breath test refusal to retain a qualified legal professional to see their case through the justice system. The following police reports are just a sample of the typical cases involving driving under the influence of alcohol.

Princeton Borough
A 68-year-old man from Princeton, NJ, was observed driving his vehicle in a suspicious manner. After police saw that the driver did not keep right, Princeton police officers pulled the suspect over on Chambers Street just before 1:30am. He was evaluated and charged with driving while intoxicated and taken into custody.

A woman from Lawrenceville was pulled over on Bayard Lane by a police patrol car in the early morning hours for a routine traffic stop due to a burned out brake light. The officer in charge determined that the 28-year-old was allegedly impaired and arrested her for DWI.

West Windsor
Another Lawrenceville resident was stopped by police after he was observed having difficulty maintaining his lane on southbound Route 1 at Alexander Road. The 25-year-old was given several field sobriety tests to determine his level of impairment and concluded to be driving under the influence of alcohol. Police charged the man with DWI, reckless driving, failure to maintain a lane, and failure to signal a lane change.

A 22-year-old Monroe Township resident was stopped by police after his vehicle was observed traveling in excess of the posted speed limit in the early morning hours. The incident occurred on northbound Route 1 near Harrison Street. Police pulled the man over for speeding and determined that he was also intoxicated. After failing a battery of field sobriety tests, officers arrested the driver for DWI, reckless driving, speeding and failure to keep right.

Plainsboro
A Middlesex County resident was stopped on northbound Route 1 by patrol officers because of a burned out headlamp on his 1997 Toyota Camry. During the stop, which occurred around 3:30am, officers found the 20-year-old driver to be intoxicated. In addition to receiving a citation for defective equipment, he was arrested for underage DWI and reckless driving.

A 27-year-old local woman was charged with DWI after a traffic stop on Plainsboro Road. She was pulled over shortly before 2am for speeding and failure to maintain her lane of travel, according to police reports. She was issued summonses for DWI, failure to maintain lane and reckless driving.

POLICE BLOTTER: Princeton, W. Windsor, Montgomery, Plainsboro, CentralJersey.com, September 28, 2009

A recent underage drinking sting operation in Middlesex County shows how New Jersey is trying to crack down on minors buying alcohol. If a young person drives under the influence of alcohol, the police can also charge him or her with underage DWI. New Jersey has a zero-tolerance policy in this regard, which means that it is illegal for an individual under 21 years of age to have any alcohol in their system while operating a motor vehicle. For comparison, the legal limit for adults is 0.08 percent blood-alcohol content (BAC).

As a New Jersey drunk driving defense lawyer, my office represents teenagers and young adults who have been caught drinking and driving. An underage DWI conviction is serious and can affect a person's future in many ways. This is why I always recommend that any young person accused of DWI or underage drinking get professional legal help right away. A recent news report compiled a number of underage drinking and alcohol possession arrests by Madison police.

On September 2 just after 10pm, Patrolmen Kenneth Shannon and Sean Plumstead arrested 18-year-old Matthew B. Faberzak of Farmingdale and charged him with attempted purchase of alcohol while underage. The officers saw Faberzak leaving Rose City Liquors without making a purchase and inquired with the counter person as to the circumstances. Faberzak reportedly presented an ID belonging to a family member but was unable to produce a second form and was denied his purchase. After a brief investigation, officers stopped Faberzak in the Stop and Shop parking lot. Faberzak was placed under arrest and later released pending his court appearance.

On September 3, around 9:30pm, Patrolman James Cavezza arrested 18-year-old Samantha R. Smith of Staten Island, NY, and charged her with attempted purchase of alcohol while under age. According to reports, Cavezza had seen Smith enter Rose City Liquors and believed she was less than 21-years-old. As another officer spoke to the cashier who verified that Smith tried to purchase alcohol with fake ID, she was stopped on Kings Road by Cavezza. Smith was ultimately arrested and later released pending her court appearance.

In the early evening of September 8, Patrolmen Kenneth Shannon and Sean Plumstead arrested 19-year-old Anthony D. Sansone of Clark, NJ, and charged him with underage possession of alcohol. Also arrested was 20-year-old Alex M. Saltzburg of Cherry Hill who was charged with purchase of alcohol while under the legal age. Reports indicate the officers witnessed Saltzburg enter two different liquor stores and purchase a total of 102 keystone cans of beer while Sansone waited in the car. It was later learned that he used a family member's ID to make the purchases. Both were arrested and later released pending their court appearance.

Madison police make arrests for DUI, underage possession of alcohol and attempts to purchase alcohol by underage youths, NJ.com, September 16, 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

According to reports, a resident of Cranbury, NJ, attempted to evade police on foot following a traffic stop for speeding on Old Trenton Road. The 41-year-old was chased down and eventually apprehended with the help of East Windsor police. Charged with speeding, reckless driving, driving an uninsured motor vehicle, operating a vehicle on a suspended license and attempting to elude police, the suspect also allegedly was in possession of a hypodermic syringe and reportedly had an open container of alcohol in his car vehicle.

A Langhorn resident was stopped on suspicion of drunk driving at South Lane and Village Road East. Following the traffic stop, police found the driver to be 19 years of age and charged him with underage DWI

A 29-year-old from Dayton was charged with drunken driving following a traffic stop on northbound Route 1 at Quakerbridge Road. The man was stopped for speeding and observed to be intoxicated, according to police. He was also issued summonses for speeding and reckless driving.

During a routine traffic stop on Quakerbridge Road near Nassau Park Blvd, a 25-year-old Pennsauken resident was charged with possession drug paraphernalia, including a hypodermic needle and after a traffic stop.

Plainsboro

A Princeton man was charged with driving under the influence of alcohol after police responded to a single-vehicle crash in the early morning hours on Sayre Drive. Police arrived on scene around 2:30am and found a 56-year-old man asleep behind the wheel of his white 2001 Lexus, which was parked on a landscaped island after apparently striking a tree. According to reports, the man was determined to be highly intoxicated and was therefore charged with DWI, failure to submit to a chemical breath test, reckless driving, careless driving, improper parking and failure to wear a seat belt.

A 38-year-old man from Lambertville, New Jersey, was charged with DWI after a late-night traffic stop on southbound Route 1. The motorist was pulled over at about 10:30pm after he didn't dim his high beams while passing a police officer, according to police. During the traffic stop, he was found to be intoxicated and was issued summonses for DWI, reckless driving, and failure to dim high beams.

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

A recent three-car accident in Morris County, New Jersey, resulted in an underage DWI arrest on September 10. During his normal patrol, Patrolman Michael Minni noticed what he discerned to be a loud explosion just before noon on Main Street in downtown Madison. Arriving to investigate, Officer Minni happened on three cars involved in an apparent traffic accident. As a New Jersey drunk driving defense attorney, my law firm represents many clients charged with DWI or drug DUI.

When drunk driving leads to an accident with or without injuries, there is always added effort expended by law enforcement personnel to determine the exact cause and nature of the wreck. In this case, the police found that one of the drivers involved in the collision was under the influence of alcohol.

According to reports, a 19-year-old Springfield man failed to stop, rear-ending a vehicle that was already stopped in traffic. The driver, Brian J. Smith, indicated that his passenger, 20-year-old Steven M. Decter, had left the accident scene following the crash. Police arrested Smith and transported him to headquarters for processing.

Smith was charged with driving while intoxicated, underage possession of alcohol, having an open liquor container in a motor vehicle and careless driving. Police subsequently arrest Decter, also of Springfield, who was charged with underage possession of alcohol. Both were later released pending a court appearance.

Although an underage drinking and driving conviction in New Jersey can involve as little as 30 days license suspension -- versus 90 days suspension for an adult DWI -- the future consequences for a young person who is convicted of underage DWI can be significant. Underage drinking and driving convictions can affect future school choices as well as employment opportunities. Underage DWI is serious and should not be dismissed. If a child of yours has been arrested for underage DWI, contact a qualified legal professional immediately.

Madison police make arrests for DUI, underage possession of alcohol and attempts to purchase alcohol by underage youths, NJ.com, September 16, 2009

As we slowly transition to fall there is still a great deal of sunshine and warm evenings to enjoy. The persistence of weekend parties and late-night gatherings will likely result in numerous drunk driving arrests throughout the Garden State by local and state law enforcement officers. As a New Jersey DWI attorney, I make it a habit to warn friends and associates to drink responsibly and utilize the services of a designated driver whenever necessary.

Morris County communities were recently in the news regarding police reports of intoxicated drivers stopped for driving under the influence of alcohol and prescription drugs, sometimes even illegal drugs. The following are some examples.

Hanover Township
A recent drunk driving checkpoint netted several drivers charged with DWI by the Hanover police between Thursday, September 3, and the following Friday. News reports describe a 47-year-old man from out of state who was arrested and charged with possession of marijuana and possession of drug paraphernalia, as well as being issued a motor vehicle summons for possession of drugs in a motor vehicle. A second driver, as 37-year-old Wharton resident was stopped and charged with DWI and driving with a suspended license. Finally, a 61-year-old driver from North Caldwell, NJ, was arrested for drunk driving, as well as reckless driving.

An East Hanover resident was arrested for DWI in the early morning hours after she was pulled over for making an illegal turn on Route 10. According to reports, the 27-year-old woman was arrested after failing several sobriety tests, after which she was taken to police headquarters for a breath test. She was released to a friend after receiving summonses for DWI and making an improper turn.

Jefferson Township
A 24-year-old Wantage resident was stopped by police after the woman's car struck a guardrail on September 10. She was arrested by police and charged with driving while intoxicated, as well as receiving numerous motor vehicle summonses. Police reports show that the woman was taken to St. Clare's-Dover Hospital to be treated for minor injuries and was released, pending a municipal court appearance.

A 20-yeal-old local resident was charged with DWI and underage drinking during a motor vehicle stop on Espanong Road on September 7. According to police, the young man was cited and released, pending a court appearance.

Continue reading "New Jersey DWI News: Hanover, Jefferson and Morris Township Police Blotter" »

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" »

August is always a busy time for law enforcement agencies and police departments in Morris and Sussex counties. Dozens of motorists are arrested every month on charges of driving while intoxicated (DWI) or operating a vehicle under the influence of prescription or illegal drugs (DUI). Alcohol and driving don't mix, but occasionally individuals make mistakes. When it comes to drunk driving, those mistakes can be costly, not only in monetary terms, but also in terms of the negative impact a DWI conviction can have on one's social and work life.

As a New Jersey drunk driving defense lawyer, I have represented may clients who have made the mistake of drinking too much and getting into a vehicle. For most of them, it is the first and last time they do that. Whatever the reason, anyone who is pulled over for driving under the influence of alcohol or prescription drugs, I highly recommend that he or she seek profession legal advice from a qualified DWI defense attorney.

The following entries are typical examples of what happens when law enforcement officers encounter drivers that exhibit characteristics of drunk driving.

Morris County
In what likely was a case of underage DWI, Police were called to a Boonton Township residence on August 8 just before 3am by homeowners who were awakened by loud noises on their roof. The homeowner went outside before police arrived and saw several juveniles throwing eggs at his home. Upon seeing the homeowner, the juveniles drove off in an unidentified vehicle. When police did arrive, officers found several empty beer cans and empty egg cartons in the area.

A potential drug DUI situation reportedly involved three people parked in a vehicle in front of a vacant home on Rockaway Drive in Boonton on August 13. Police encountered the group in the late evening hours. Approaching the vehicle, Officers detected the odor of burnt marijuana coming from the car. They also saw a plastic bag containing marijuana in the rear passenger area. Police arrested the three individuals -- a 20-year-old from Parsippany and two 19-year-olds, one from Morris Plains and the other from Boonton Township -- and charged them with possessing less than 50 grams of marijuana and drug paraphernalia. Two marijuana pipes were also confiscated.

Continue reading "New Jersey DWI News: Morris County / Sussex County Police Arrest Log" »

Representing motorists charged with DWI, my staff of drunk driving defense lawyers cover much of the New Jersey area including Middlesex County. Recently, I noticed a news article that stated East Brunswick police would be working undercover in local liquor stores as part of a federally-funded effort to catch underage drinkers.

If any of those youngsters gets in a car and drives under the influence of alcohol, the police can also charge them with underage DWI. When is comes to underage drunk driving, New Jersey has a zero-tolerance policy. While the legal limit for blood-alcohol content (BAC) in an adult driver is 0.08 percent, New Jersey statute N.J.S.A. 39:4-50.14 makes it illegal for an individual under 21 years of age to have any alcohol in their system while operating a motor vehicle.

Although it is illegal for anyone under 21 to have any trace of alcohol in their system, the monetary penalties and suspension period for underage driving while intoxicated are less severe than for adults facing similar charges. An underage drinking and driving conviction in New Jersey can involve as little as 30 days license suspension, however the minimum suspension for an adult DWI is 90 days.

More importantly, if a young person is convicted of underage DWI, DUI or breath test refusal, the impact can be even more significant for a child versus an adult. An underage drinking and driving charge is serious and should not be dismissed. If a child of yours has been arrested for underage DWI, contact a qualified legal professional to handle their case.

In regard to the latest sting operations in and around East Brunswick, the program has been dubbed "Cops in Shops," and will continue throughout 2010 with officers posing as customers or employees at local liquor stores throughout the township.

Reportedly, all four of the township's package liquor stores have agreed to participate in the program and will post fliers warning buyers that undercover officers may be nearby. East Brunswick has received $6,000 in federal funds to pay for the assignments, which are also meant to catch adults who buy alcohol for youngsters.

According to news reports, East Brunswick police made 57 arrests for underage drinking in 2008. That included arrests for drunk driving as well as underage drinking at house parties. The number of arrests for underage drinking in 2007 totaled 76, while there were only 60 in 2006.

East Brunswick cops go undercover to catch underage drinkers, DailyRecord.com, August 29, 2009