New Jersey DWI Lawyer Blog

With the coming holiday weekend police agencies around the Garden State will be on a heightened alert for partiers and other people driving while intoxicated between picnics and family gatherings. Regardless of the bad economy, drunken driving arrests and summonses are certain to increase in the next couple weeks.

As a New Jersey DWI defense attorney and drunk driver lawyer, my job is to help motorists who have been arrested by state police, municipal patrolmen and other law enforcement personnel for DWI and drug DUI traffic offenses. Many of these arrests occur at so-called sobriety checkpoints, which are frequently set up throughout the New Jersey area.

As part of the upcoming drunk driving enforcement campaign, known as "Over the Limit, Under Arrest," police units have taken to the streets in an effort to cut the instances of driving while under the influence of alcohol or prescription drugs.

According to news reports, law enforcement agencies are already conducting patrols and operating DWI roadblocks until September 6. Police officers in will be cracking down on drunk drivers as part of this summer's campaign. The state and local effort is designed to raise awareness about the dangers of drinking and driving through high-visibility police patrols and public education.

The New Jersey Division of Highway Traffic Safety typically provides grants to local law enforcement agencies throughout the state to run these programs. As one report mentioned, the state's traffic safety division said that last year New Jersey saw 185 fatal DWI-related car crashes -- according to reports, that number represents nearly a third of the almost 600 fatal accidents statewide in 2009. Authorities reported that nearly 70 of those alcohol-related deaths happened during the summer.

Over the Limit, Under Arrest, NorthJersey.com, August 26, 2010

When it comes to drunken driving arrests, police agencies all across New Jersey are now required to give instruction to DWI suspects in a language they can understand. The latest change in police procedures as they apply to drunk driving offenders is a result of a July decision by the New Jersey Supreme Court.

The Court's 4-3 ruling on July 12 states that patrolmen must now communicate to a motorist suspected of driving under the influence of alcohol in a language that he or she understands that they are required under the law to submit to a breathalyzer test to determine blood-alcohol content (BAC).

The downside from a drunk driving defense standpoint is that this new requirement will likely reduce the opportunities for appeals, according to some law enforcement professionals.

The ruling came from a case out of Plainfield, NJ, where a man was charged with driving while intoxicated following a 2007 accident. According to court records, the defendant spoke only Spanish and did not understand the patrolman's English-language instructions stating that the motorist was required by state law to submit to a breath test. Although the man's conviction for DWI remains intact, his conviction for breath test refusal and the associated seven-month license suspension was vacated by the Court's ruling.

The New Jersey Attorney General's office has reportedly recorded translated instructions into 10 separate languages including Chinese, Russian, Arabic and Portuguese. The recordings are posted on a New Jersey government website (njpdresources.org) so that police can easily can play them for suspects prior to administering a breath test.

Court: Police must translate breath test requirement, if needed, NorthJersey.com, July 22, 2010

Marijuana and Drug Possession in a Vehicle
While not an instance of drug DUI, an Elizabeth, NJ, man was arrested on a Sunday evening after being stopped for driving with an obstructed view Law enforcement officers will usually use a common traffic infraction, such as incorrect lane change or inoperative brake light, to initiate a traffic stop that might result in a further drunken driving or prescription drug DUI arrest. In this particular case, the officer charged the driver with possession of marijuana, possession of drug paraphernalia including a hypodermic needle, and possession of suspected Oxycodone. The man was also served with summons for operating a motor vehicle with an obstructed view, driving under a suspended driver's license, not to mention possession of a controlled and dangerous substance (CDS) in a motor vehicle.

Drunken Driving Arrest following Accident
A Plainfield resident was stopped in the early morning hours following the reports of an accident at South and Hollywood avenues just before 3am. Police officers found a 23-year-old driver at the scene and apparently detected the smell of alcohol on the motorist's breath. The driver was arrested and charged with driving while intoxicated and careless driving.

CDS Possession in a Vehicle
A Newark driver, whose vehicle apparently looked very suspicious, was pulled over by a Cranford police officer on the grounds that the vehicle had illegally tinted car windows. During the traffic stop the officer noticed evidence of marijuana and smoking paraphernalia inside the 25-year-old's vehicle. The driver was arrested and charged with possession of marijuana in a vehicle, as well as possession of drug paraphernalia.

In a similar incident, an 18-year-old Hillside driver, who had a juvenile passenger riding with him, was stopped around 11:30pm on a Thursday night on Cranford's North Avenue near Carpenter Place. Both the driver and his younger passenger were charged with possession of marijuana and paraphernalia.

CDS Drug Possession in a Vehicle
A Warren, NJ, resident was stopped for not having properly functioning rear brake lights on a Monday afternoon at the intersection of Raritan Road and Centennial Avenue. The routine traffic stop soon led to drug arrest when the officer noticed evidence of drug paraphernalia in the 44-year-old's vehicle. The man was arrested and charged with possession of heroin and possession of drug paraphernalia.

In another case of CDS possession in a vehicle, a man from Jersey City man was stopped by a traffic patrol officer for having illegally tinted windows during the early morning hours on a Saturday. According to police reports, the 34-year-old driver was stopped just after 2am Centennial Avenue. Noticing that the driver was apparently intoxicated, the officer also apparently saw some drug paraphernalia during the drunk driving arrest. The driver was charged with marijuana possession, possession of drug paraphernalia, not to mention driving under the influence of alcohol. Police also charged him with possession of a controlled dangerous substance (CDS) in a motor vehicle.

Cranford police make narcotics, DWI arrests, NJ.com, April 15, 2010

A recently passed law requires drivers under the age of 21 to place a red sticker on their vehicle's license plates. While the intent of the law appears to be a good-hearted attempt at traffic safety, as a New Jersey DWI defense attorney I tend to side with those claiming the $4 sticker will only invite unwarranted scrutiny and potential discrimination against a segment of the driving public.

When it comes to drunk driving enforcement, New Jersey State Police and municipal police officers are always on the lookout for motorists who may be operating their vehicles while impaired due to alcohol, prescription drugs or controlled dangerous substances (CDS). Young drivers who exhibit traffic behavior suggesting inebriation could quite possibly by singled out due to that red mark on their license plate.

According to an editorial, the new law that took effect on May 1 will must likely lead to discrimination against young drivers which probably wouldn't happen without a red dot. According to the author, New Jersey is one of the top ten safest states for teenage drivers. Referring to the 2001 law that established a curfew for teenagers and significantly decreased the teen driver accident rates, the editorial asks if there is any good reason to put another law into effect.

The law calls for $100 fine for any young driver who does not have the sticker on their plates. A percentage of students across the Garden State may feel that police will be prejudiced when deciding whom to pull over. While teenage driver accident rates due to distracted driving, alcohol use, speeding and other causes may be reduced somewhat, the law is likely to cause a lot of controversy.

Part of the uproar comes from those who point out that 18-year-olds are considered legal adults, so the law tends to separate these individuals from 21 and older adults. By 18, many students are heading off to college, living in dorms or apartments and are essentially functioning on their own. The author asks why this law should affect this small group of legal adults whose just happen to be younger than 21. This would result in subjecting adults to being treated as if they were still teenagers, when all of the while society continues to tell them to just grow up.

There are other concerns, such as making under-21 drivers more distinguishable to pedophiles, sex offenders and rapists who may tend to seek out younger people -- the red-dot sticker would only make it that much easier for criminals to prey on these individuals. The argument is whether or not traffic accident rates go down, will we see an increase in crimes against these younger people, such as rape and sexual assault.

Ultimately, the question is whether or not the effects of the law itself will be worse than the claimed improvements in traffic safety. With the law in effect, only time will tell if New Jersey's lawmakers have made the right decision.

A red dot on cars, HSJ.org, May 4, 2010

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

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

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

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

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

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

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

A Union County resident was recently arrested for driving under the influence of alcohol and possession of illegal drugs following a Denville, NJ, traffic stop. According to reports the driver apparently left the scene after being stopped by Denville police. He then proceeded toward Roxbury where local police say the man crashed his vehicle trying to avoid capture.

Being a drunk driving defense attorney practicing in Morris, Union and other counties throughout New Jersey, I know that any attempt to evade or lead police on a chase will only make things worse once they catch up with the suspect. Indeed, it is a rare drunk driver who can out-think or out-drive any of the Garden State's law enforcement professionals. Better to accept your situation rather than make things worse than they already are.

In this particular case, the driver ended up crashing his GMC Envoy in the municipality of Roxbury and he still was arrested for DWI and drug possession. According to news articles, the incident started with Denville authorities attempted to pull over 36-year-old Manuel Mosquera around 3pm on February 12. The man apparently tried to evade the Denville officers before they could get him to stop his vehicle.

Roxbury Patrolmen Richard Ricco and Mike Fournier, who were in the vicinity, heard the Denville alert regarding the fleeing driver. Soon after, the officers spotted Mosquera's sport utility vehicle driving along Route 10 near Hillside Avenue. Police reports indicate that the vehicle had a broken brake light and was drifting onto the roadside shoulder.

The Roxbury patrolmen pursued the suspect off of Route 10 and onto Commerce Boulevard where it reportedly struck two vehicles that were waiting to make a left turn on to Commerce. The suspect then continued across the street, jumped the curb, continued into a wooded area and eventually hit a tree.

Police arrested Mosquera, who admitted to drinking rum and injecting cocaine. Officers later found a hypodermic syringe on the floor of the vehicle on the driver's side. The man was charged with eluding police, being under the influence of a controlled dangerous substance, possession of a syringe and drug paraphernalia, having an open container of alcohol in a motor vehicle, possession of CDS in a motor vehicle, failure to yield, failure to signal, driving while under the influence, reckless driving, consumption of an alcoholic beverage in a motor vehicle, lamp maintenance and failure to maintain a lane.

Cops: Driver fleeing police was drunk, high on cocaine before Roxbury crash, MyCentralJersey.com, February 16, 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

As a New Jersey drunk driving defense lawyer my job is to help motorists accused of DWI or driving under the influence of alcohol. My office also handles drug DUI (driving under the influence of prescription drugs, as well as marijuana and other substances). The road to a drunk driving conviction is now necessarily a long one, but it has many steps. I'll outline the process here to help explain the usual stages of a DWI case.

Arrest
Whether you live in Newark, Atlantic City, Trenton or any of the dozens of cities and towns throughout the state, every DWI charge starts with an arrest. You should know that for a drunk driving traffic stop to be valid it stop must be supported by what the law defines as reasonable suspicion that a motor vehicle violation has been committed.

As per State v. Carpentieri, New Jersey's Supreme Court held that a police officer must have an articulable and reasonable suspicion that a traffic law violation has in fact occurred before he or she may effect a DWI stop. Furthermore, once a motorist is stopped, that law enforcement officer must have probable cause to believe the driver of the vehicle is intoxicated before he or she can make an arrest and conduct a breathalyzer test.

Bear in mind that there is no right to advice from counsel at this early stage and therefore an attorney, in particular, an experienced DWI lawyer, will be of no assistance at this point in time.

Arraignment
The next step following an arrest for DWI, DUI, or breath test refusal in New Jersey is the arraignment. During this step, the defendant receives a Complaint. Once the Complaint is filed, the defendant makes his or her initial appearance at arraignment where the court informs the defendant of the charges. At this same time, the defendant is informed of his rights under the law and then he or she will enter a plea of guilty or not guilty.

If you hire a drunk driving defense lawyer to represent you, the initial appearance can normally be waived. The arraignment can be "adjourned" by the attorney sending a letter of representation to the Court advising it that you are represented, were advised of your rights, and that you are entering a "Not Guilty" plea.

Continue reading "Arrested for Drunk Driving in New Jersey? A DWI Conviction is a Multi-step Process" »

The coming holiday season is well known for its parties and family gatherings, and despite the poor economy drunk driving arrests are sure to surge during the next few weeks. In response, New Jersey DWI enforcement units are taking to the streets in an effort to reduce the instance of driving while intoxicated. As leading drunk driving defense lawyers, my firm has experience in a wide range of DWI and drug DUI defense. Recent news of the "Over the Limit, Under Arrest" campaign is evidence that drunk driving patrols will be working overtime in the Garden State.

According to news reports, law enforcement agencies across the state are already conducting saturation patrols and operating sobriety checkpoints, also known as sobriety roadblocks, as part of the nationwide drunk driving campaign. Enforcement will continue, say police, through January 3, 2010.

New Jersey's Division of Highway Traffic Safety is funding the local initiative, which began in 1999. According to reports, the division provides $5,000 grants to law enforcement agencies to cover overtime for those officers assigned to DWI patrols or checkpoints.

To illustrate the extent of the effort, 110 Jersey police agencies will receive grants, according to Pam Fischer, the division's director. The campaign will also include the New Jersey State Police.

A police spokesperson indicated that the holiday DWI crackdown will see officers on the street spending about four hours looking for "possible alcohol-impaired drivers" along with their regular patrols. "It's important that we keep everybody safe on the roads, especially near the holidays," said Vineland police Sgt. Vince Solazzo of the city's Traffic Safety Unit.

Police remind the public that last year, 11,773 people across the United States died in crashes involving a drunk driving, this is according to the National Highway Traffic Safety Administration (NHTSA). According to reports, New Jersey saw 165 people killed in alcohol-related crashes in 2008, down from 195 in '07.

Extra drunken-driving patrols coming to South Jersey, CourierPostOnline.com, December 8, 2009

Complicating a DWI charge in New Jersey with an injury accident is not a good idea. Injuring other passengers in your car or occupants of another vehicle while driving under the influence of alcohol is bad enough, but hurting a pedestrian while driving in an intoxicated state can put you in a very difficult situation. This is why having an experienced New Jersey drunk driving defense lawyer at your side is very important.

Not long ago, a car driven by a local woman struck a Lord & Taylor employee on a pedestrian crosswalk just outside of the department store in Westfield, NJ. The victim, Gina Marotta from Clark, New Jersey, was taken Newark's University Hospital where she underwent surgery for a broken arm, a broken leg and head injuries.

Police investigating the accident alleged that the driver, Leslie Boughner, was intoxicated at the time of the accident. Charged with second degree aggravated assault with a motor vehicle for the August 5 accident, Boughner surrendered herself to the police following the investigation which started hours after the accident.

On the day of the accident, Boughner was issued a summons for DWI and had a blood sample taken to test the amount of alcohol in her system. After reviewing the case, the Union County prosecutor's office came to the conclusion that Boughner "operated her motor vehicle recklessly under the influence of either alcohol or drugs."

The area in which the accident occurred also played a part in the type of charge levied against the woman. Being just one block from Roosevelt Intermediate School the accident technically happened in a school zone, therefore the charges were upgraded to a second degree offense. This is serious and could result in this individual doing jail time should she be convicted. Boughner was released on $20,000 in bail pending a hearing.

At the time of the news report, the investigation was still ongoing. As part of the county's effort to gain more witnesses in the case, police erected a flashing sign on North Avenue asking anyone who saw the accident to come forward. Putting up this kind of sign is common when authorities are looking for a conviction in cases such as this.

Driver Charged, Could Face Jail Time, in Lord & Taylor Accident, Westfield.Patch.com, August 19, 2009

A 25-year-old resident of Clark, NJ, was hit in a Westfield crosswalk by an allegedly drunk driver last week. According to reports, Gina Marotta was hit by a car driven by a Union County woman as she crossed the street outside of Lord & Taylor. As a New Jersey DWI defense lawyer, I have great sympathy for those injured as a result of drunk driving accidents. At the same time, I know that everyone deserves to have their say in a court of law. Driving under the influence of alcohol or even prescription drugs can cause impaired judgment and result in a DUI arrest, or worse.

The news reports regarding this incident indicate that 55-year-old Leslie Boughner hit Marotta around noon on August 5 on North Avenue as the woman was returning to her job at the Lord & Taylor department store. Police officers issued Boughner a summons for DWI and also took a blood sample to check the woman's blood-alcohol content (BAC).

According to reports, Marotta suffered a broken arm, broken leg and head injuries. Emergency responders transported her to University Hospital in Newark, where she underwent surgery at the hospital's trauma center.

At the time of the news reports, the Union County prosecutor's office had not received any contact from the Westfield police regarding the case. Usually, the prosecutor's office will be contacted by police whenever there is an incident involving hit and run cases or fatal pedestrian accidents, neither of which is the case in this instance Westfield. Depending on the victim's injuries and her recovery, not to mention the driver's blood test, it's possible that the case could be handled in municipal court.

Continue reading "Pedestrian Injured by Alleged Drunk Driver in Union County, NJ, DWI Traffic Accident" »

Sometimes embarrassment seems to be the biggest part of receiving a drunk driving summons. As a New Jersey DWI defense attorney, many of the individuals I represent feel humiliated after being arrested for driving while intoxicated, but I always remind them that a drunken driving conviction itself is no laughing matter.

Being branded with a first-time conviction for driving under the influence of alcohol not only hits your wallet but also your lifestyle. In the worst case scenario, it can also jeopardize your social standing and even cost you your job. Believe me, get over the embarrassment of a drunk driving summons and contact a qualified DWI defense lawyer, fast.

It doesn't take much to merit an arrest for DWI. Recently, a Cranford man was arrested by police on drunk driving charges at a Garwood convenience store. According to reports, this individual drove his car haphazardly through the store's parking area and struck one of the vehicles parked there. Not an Earth-shattering event, but enough to get the attention of one of the store's employees.

That store cleck called the Garwood Police Department, which dispatched a squad car to assess the situation. Shortly after 8am, an officer arrived and found a damaged vehicle in the parking lot, after which the officer determined that William Parisio, 21, was the driver of the 1999 Subaru Forester that hit the parked vehicle. According to reports, the man was taken into custody and transported to the Garwood Police station where he was given a breathalyzer test, which he failed. He was charged with drunk driving and released pending a later court date.

Continue reading "Union County, NJ, Man Charged with DWI after Minor Parking Lot Fender-bender" »