Recently in Underage DWI Category

December 26, 2009

New Jersey Drinking and Driving Defense Update: Underage DWI and its Consequences

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.

November 24, 2009

New Jersey DWI Law: Potential Impact of Underage Drinking and Driving

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.
Bookmark and Share
November 3, 2009

New Jersey DWI News: Drunk Driving Arrests in Mercer and Middlesex Counties

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

Bookmark and Share
September 28, 2009

More Underage DWI Arrests Pepper Morris County, New Jersey, in Early September

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

Bookmark and Share
September 22, 2009

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

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" »

    Bookmark and Share
    September 21, 2009

    Madison, NJ, Police Respond to Traffic Accident, Arrest Driver for Underage Drunk Driving

    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

    Bookmark and Share
    September 18, 2009

    New Jersey DWI News: Hanover, Jefferson and Morris Township Police Blotter

    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" »

    Bookmark and Share
    September 13, 2009

    New Jersey Drunk Driving News: Hillsborough Township DWI 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" »

    Bookmark and Share
    September 11, 2009

    New Jersey DWI News: Morris County / Sussex County Police Arrest Log

    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" »

    Bookmark and Share
    September 2, 2009

    New Jersey DWI News: East Brunswick Police Go Undercover to Catch Underage Drinkers

    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

    Bookmark and Share
    July 7, 2009

    Morris County, NJ, Drunk Driving News: DWI and Drug DUI Police Blotter

    Mount Olive
    A 57-year-old Hackettstown woman was stopped by police last Saturday and charged with driving while intoxicated, failure to stay within her lane, and reckless driving. The drunk driving arrest occurred in Morris County, New Jersey, following a traffic stop on Oakwood Drive. The lady was released and currently has a court appearance pending.

    Several potential drug DUIs recently occurred this past weekend. The first involved a 17-year-old juvenile from Long Valley, NJ, who was stopped by police for failure stay within his lane, as well as drug possession in vehicle. The stop took place on Route 46, after which the young man was released to one of his parents.

    A second incident involved another 17-year-old male -- a resident of Randolph -- who was charged for allegedly possessing marijuana in a motor vehicle. According to police, officers were checking on a parked car in Flanders when they encountered two teenagers as well as a small quantity of the drug, plus a pipe. Both youngsters were subsequently released to their parents.

    The third incident involved a 27-year-old resident of Alexandria, Virginia, who was charged Saturday with possession of marijuana, khat and drug paraphernalia after a traffic stop on Route 46. According to police, the man had a bag of suspected marijuana, rolling papers, an open container of cognac and khat. Khat, a stimulant derived from a plant native to East Africa, is classified as a Schedule III drug in New Jersey and its possession is illegal. Additionally, the man was charged with careless driving, failure to maintain lane and possession of an open alcoholic beverage in a motor vehicle. He was taken to the Morris County jail with bail set at $75,000.


    Boonton
    A 70-year-old man from West Milford, NJ, was pulled over by police in the late evening of June 30 on suspicion of drunk driving. He was charged with DWI, reckless driving, and failure to keep right, as well as disregarding a traffic signal. Following the arrest, he was released pending an appearance in municipal court.

    A 26-year-old resident of Denville was charged with drunk driving, as well as possession of drug paraphernalia and a hypodermic needle after he apparently lost control of his vehicle in a Walmart parking lot. According to police, the man crashed his vehicle into signs and concrete islands in the parking lot on June 27. He was later released pending a municipal court appearance.


    Police Blotter, DailyRecord.com, July 7, 2009

    Bookmark and Share
    June 30, 2009

    Bridgeton, NJ, DWI Police Blotter: Two Drunk Drivers Arrested

    Two drivers were arrested last week for driving under the influence of alcohol in the Bridgeton, New Jersey. The first arrestee was an 18-year-old man from Upper Deerfield Township who was stopped by police for driving while intoxicated while underage, as well as reckless driving. The second arrest was that of a suspected illegal immigrant who was stopped for drunken driving and breath test refusal, as well as leaving the scene of an accident.

    On the morning of Thursday, June 25, Bridgeton law enforcement officers clocked Blake A. Russo's car on radar allegedly traveling at 67mph in a 30mph zone on West Broad Street. After stopping Russo, 18, police noticed an open container of alcohol in the vehicle. Although his blood alcohol content (BAC) was 0.04 percent, he was charged with DWI while underage. He was also cited with possessing an open alcoholic beverage container in a motor vehicle, reckless driving and speeding. Russo was later released on his own recognizance.

    Later in the day, Hermenegildo Millan Ramirez, 28, of Spruce Street, was arrested around 10:15pm on North Laurel Street on the charge of driving under the influence of alcohol. Police found him after they received a report of an erratic driver at Cohansey and North streets. According to reports, Millan's Ford pickup truck was the same as that involved in a hit-and-run accident at Burlington and Timber roads earlier. The man had apparently crashed his truck into a utility pole on the west side of Burlington Road.

    Police cited Millan for leaving the scene of an accident, failing to report an accident, refusing to submit to blood-alcohol content testing, reckless driving, failing to exhibit a motor vehicle insurance card, failing to wear a seat belt, failing to keep right and failing to obtain a New Jersey driver's license within 60 days of moving to the state. Because the man was a suspected illegal immigrant, he was placed in Cumberland County Jail without bail on a detainer issued by Immigration and Customs Enforcement.

    At The Law Offices of John F. Marshall, we represent a wide range of clients who have been arrested or received a summons for drunk driving, refusal to submit to a breath test or other DWI and DUI offenses. As with any arrest, we highly recommend that those charged with driving while intoxicated contact a skilled legal professional to better understand their rights under the law.

    Continue reading "Bridgeton, NJ, DWI Police Blotter: Two Drunk Drivers Arrested" »

    Bookmark and Share
    May 6, 2009

    Drinking and Driving in New Jersey: Consequences of Underage DWI

    New Jersey law regarding underage drinking and driving is quite specific. Because you must 21 years or older to buy, possess or drink any alcoholic beverage, underage drinking is by definition illegal. And the consequences for underage drinking are severe under New Jersey law, especially as it pertains to operating a vehicle while intoxicated. But whether or not you are stopped for DWI, an underage drinking offense could affect your driving privileges now or in the future.

    For example, 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, 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 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

    We at The Law Offices of John F. Marshall have a great deal of experience in defending persons charged with underage DWI offenses. I personally have been defending clients in New Jersey Municipal Courts for 15 years. And having served as a prosecutor earlier in my career, working in several Monmouth County municipalities, I know first-hand how the prosecution approaches such cases.

    Conviction for a drinking and driving offense can have a serious impact on a young person just embarking on adulthood. If you or your child have been charged with underage DWI, DUI or Refusal, our attorneys can assist you 24/7.

     

     

     


     

    Bookmark and Share
    May 5, 2009

    New Jersey DWI / DUI Police Blotter

    Hackettstown -- In what initially could have been a DWI drug arrest on Saturday, April 25, a K-9 police unit from Washington Township found 34 bags of heroin in a vehicle occupied by a young woman and a 22-year-old man from Fairfield, NJ. The man was eventually charged with possession of heroin and a hypodermic needle following the traffic stop on Stiger Street. He was then sent to the Warren County jail with bail set at $5,000. The 18-year-old female driver and owner of the vehicle was issued a summons for a vehicle violation and released.

    Montville -- A number of teenagers were charged with underage alcohol possession by police who were responding to a Saturday night complaint regarding a large party just off Bonnie View Lane. Upon arriving at around 10:30 p.m., officers encountered a large group of minors leaving the scene. A juvenile driver was also charged with violation of his provisional driver's license. There were no arrests for underage DWI.

    Montville -- An 18-year-old man from Pine Brook, New Jersey, was charged with possession of marijuana in a vehicle on the evening of Friday, April 24, after police checked a car parked on Briarcliff Road with four people inside. A juvenile that was present was charged with obstruction.

    Montville -- An octogenarian from Garfield was charged with driving while intoxicated and careless driving during the evening of April 22. Police pulled over the 81-year-old man after observing him operating his Jeep with one flat tire along Stiles Lane.

    Montville -- A Maywood, NJ, man was charged with DWI and refusal to submit to a breath test on Wednesday, April 22. Police saw the 30-year-old driver speeding on Route 46 East and proceeded to stop the suspect and attempt to test his blood-alcohol level after seeing that he appeared intoxicated.

    Mount Olive -- In a possible instance of marijuana DWI, a 28-year-old man from South Brooklyn, New York, was charged in the early morning hours of Thursday, April 30, with possession of marijuana and paraphernalia. The arrest came after police checked a van parked in the parking lot of a Wendy's restaurant. After the man was unable to produce a driver's license, police asked him to step out of the van when saw a bong on the floor of the vehicle with suspected marijuana residue. The man was later released pending a court hearing.

    If you are arrested for, or charged with, driving while intoxicated or drug DUI, you could be looking at monetary fines, or even time in jail, if convicted. If you or a relative is issued a summons for DWI, drug or marijuana DUI, or refusal to submit to a breath test, we highly recommend that you secure the services of a New Jersey DWI Attorney. The legal professionals at The Law Offices of John F. Marshall have the knowledge and experience to give you the best possible representation for your day in court.

     

    Police Blotter, DailyRecord.com, May 1, 2009

     

    Bookmark and Share
    May 1, 2009

    Middlesex County DWI Enforcement for Prom and Graduation Season

    Middlesex County, New Jersey, has renewed its initiative to combat drunk driving during the Prom and Graduation season this year. In this regard, periodic checkpoints shall be set up throughout Middlesex County during the month of May and June. The target locations for the DWI roadblocks shall coincide with the prom and graduation schedules throughout the County.

    The DUI detail shall be comprised of local police officers and members of the Middlesex County Prosecutor's Office Vehicular Fatality Team. The program is over two decades old and is funded through a grant from the State. The program appears to have been successful in preventing alcohol related deaths insofar as there have been no such incidents in the County during the Prom and Graduation season for quite a time period.

    Our DWI attorneys have occasion to represent many underage motorist every year in drunk driving cases. The pivotal thing that most of the public fails to understand is that NJ law has a no tolerance policy for alcohol consumption by minors. The result is a New Jersey Underage drinking and driving law which is triggered when a motorist under the age of 21 has any alcohol in his system whatsoever.

    There is no blood alcohol threshold for someone underage. What this means is that if an underage driver is operating a motor vehicle with any alcohol in his system, he can be convicted of Underage DWI.

    Thankfully, the punishment, penalties, and long-term consequences of an Underage DWI can be much different from those of an adult in New Jeersey. It is therefore crucially important that any finding of guilt in one of these cases involve the underage dwi statute as opposed to the normal DWI statute (i.e. an underage motorist is usually charged with both if his or her blood alcohol is over the legal limit of 0.08).

    Bookmark and Share