Breath Test Refusal

July 6, 2009

Plainfield Refusal Case Could Affect New Jeresy DWI Breathtest Instructions for Non-English Speakers

Recent comments by a New Jersey appeals court could shift the thinking behind English-only instructions provided by state and local police during DWI stops. As a New Jersey drunk driving defense lawyer, I have represented my share of non-native-English-speaking clients over the years, and I can tell you that many of these people are at a disadvantage when it comes to DWI enforcement.

The case in question stemmed from a driving while intoxicated arrest that occurred following a September 2007 traffic accident in Plainfield, N.J. A Hispanic man, German Marquez, had his license suspended for seven months after he apparently refused to submit to a breathalyzer test. According to court records, Marquez declined to take a breath test because he didn’t understand the 11-paragraph statement that a police officer read to him in English. After the statement was read out loud, the man responded, “No entiendo,” which means “I don’t understand” in Spanish.

The appeals court upheld the license suspension. In issuing its decision, the court stated that Marquez was made aware of the rules involving breath testing when he took the driver’s license exam in Spanish. It also reminded that the driving manual, written in Spanish, makes it clear that anyone who agrees to be licensed to drive in New Jersey is also giving advanced consent to a breath test.

June 30, 2009

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

by Jonathan F. Marshall

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.
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June 16, 2009

Bergen County, NJ, Drunk Driving and Marijuana DUI Police Blotter

by Jonathan F. Marshall

Lyndhurst — a 52-year-old driver was picked up for driving under the influence of alcohol during the evening of May 14. The Rutherford, New Jersey, resident was arrested for DWI, possessing an open alcoholic beverage container in his car, careless driving, as well as improper parking. The incident occurred in the parking lot at 540 New York Avenue in Lyndhurst. According to police reports, the man’s vehicle was observed parked partially in the parking lot and partially in the roadway. After being charged for drunk driving, as well as the other offenses, he released to Hackensack University Medical Center.

Lyndhurst — Hours later, during the early morning of May 15, a 41-year-old man from Milton, MA, was also arrested for driving while intoxicated, as well as refusing to submit to a breath test following a motor vehicle stop on Ridge Road near New Jersey Avenue. Prior to being released to a responsible party, the man was also charged with being an unlicensed driver, careless driving and failure to maintain a lane.

North Arlington — During a routine motor vehicle stop in the late evening of May 8, police reportedly detected the odor of burnt marijuana in a vehicle at Ilford and Prospect avenues. Police determined that both a 16-year-old male from North Arlington and the driver, a 17-year-old male from Lyndhurst, had smoked marijuana. The passenger was charged with being under the influence of marijuana and released to his parents. The driver was charged with having tinted windows, violating his provisional driver’s license for having four people in the car, DWI and being under the influence of marijuana. He was also released to his parents.

June 7, 2009

Jersey City Cop Charged with DWI After Off-duty Crash and Speeding Episode

by Jonathan F. Marshall

The recent DWI case involving a New Jersey police officer arrested for driving drunk at break-neck speeds in a 25-mph zone is difficult to imagine, but it did happen. The intoxicated cop, Jersey City Police Officer Kevin Cieslak, has only been on the force for two years. Regardless of the circumstances, his actions are totally unacceptable.

Officer Cieslak was arrested in Belmar on Memorial Day by the New Jersey State Police around 2 a.m., according to reports. An officer from the East District, Cieslak allegedly collided with a bread truck, after which he reportedly left the scene. He was subsequently observed driving 89 miles per hour in a 25-mph zone before being pulled over by State Police. According to police, he was issued summonses for DWI after refusing a Breathalyzer test, as well as for reckless driving, leaving and accident scene, failing to report an accident, running a red light and driving in the opposing lane.

We should all be proud, and rightly so, of the hard work that our law enforcement officers do for society, but when they step over the line and break the same laws they are entrusted to enforce there should be no leniency. These are the same individuals that make judgments on whether to stop other citizens for driving while intoxicated. They, of all people, need to set an example for the rest of the us — there is no middle ground here.

May 22, 2009

DWI News: New Jersey Ranked First in “Unfair” Traffic Fines, Enforcement Practices

by Jonathan F. Marshall

With Memorial Day weekend upon us, we have one observation for New Jersey motorists: The Garden State is no paradise when it comes to drunk drivers, speeders and other hapless recipients of tickets and summonses from our traffic enforcement community. Intoxicated drivers in particular beware, according to the National Motorists Association (NMA) our state goes to the head of the class when it comes to exploitation of the road-going public.

Although DWI and DUI were not addressed specifically, the NMA did rank individual states based on seventeen criteria related to traffic laws, police enforcement practices, as well as how defendants are typically treated. The rankings, according to the NMA, are “designed to provide guidance to travelers who do not want their vacation ruined by speed traps, arcane laws or ‘kangaroo’ traffic courts.”

Not surprisingly, New Jersey was found to be the state most likely to dip deeper into a driver’s wallet. With our toll roads, sobriety roadblocks and speed traps, New Jersey has left almost no stone unturned when it comes to extracting cash from motorists, says the NMA. New Jersey has also recently pushed through a red-light camera pilot project at a time when many states are banning the ticket cameras because “they’ve proven to have a negative effect on traffic safety.” Add in “driver responsibility” fees, which are ineffective and have a disproportionate effect on the poor, and we find ourselves at the top of the list. For those keeping score, here is the NMA’s top ten worst states:

May 18, 2009

New Jersey DWI and Marijuana DUI Police Blotter

by Jonathan F. Marshall

East Rutherford — A 29-year-old local man was picked up for drunk driving in the late evening of Wednesday, May 6, following a minor accident on Patterson Avenue. The allegedly intoxicated driver was arrested for DWI, as well as for not maintaining a vehicle in safe condition, failure to produce a driver’s license, driving on a suspended license, lack of insurance and failure to report a change of address. The suspect also refused a breathalyzer test. According to police, the man’s vehicle hit a curb, which blew out one of his tires. He admitted to officers that he did not have his driver’s license due to it being suspended for a previous DWI conviction. He was later released.

North Arlington — A 47-year-old resident of Belleville, New Jersey, was arrested in the early morning of May 8 for a series of offenses, including driving while intoxicated, careless driving, parking his car on the sidewalk and refusing to take a breath test. The man reportedly sped into a Chase Bank parking lot, where the observing police officer was parked in a marked police cruiser. The man reportedly stopped his car, stumbled out and staggered to the bank’s cash machine. Upon returning to his car, the officer approached the man and gave him a field sobriety test, which he failed. The man also refused a breath test, after which he was arrested and taken into custody. The vehicle was impounded and the man was later released to a third party the vehicle.

Princeton — In a possible marijuana DUI arrest, a 35-year-old Lawrence, NJ, man was charged for driving down Paul Robeson Place while intoxicated and in possession of marijuana. The man was arrested following a 12:15 a.m. vehicle stop the morning of Friday, May 13, and taken into the borough police headquarters. He was later released on his own recognizance. Police reports show that the man was charged with DWI, as well as possession of marijuana and other drug paraphernalia, however, there was no indication what the suspected intoxicating substance was.

May 11, 2009

DWI Defendant from New Jersey Jailed for ‘Tweeting’ in Court

by Jonathan F. Marshall

Whether it’s a charge of driving while intoxicated, drug DUI or any number of other offenses, once in the courtroom, DWI defendants have an obligation to themselves to play by the rules, even if they think technology is one step ahead of the legal process. I’m speaking most recently of the Fort Lee man who “won” himself at least 33 days in a Pennsylvania jail, not from the DWI arrest for which he was being tried, but for “tweeting” his thoughts about that very same trial while still in court!

The presiding judge was alerted to the defendant’s social networking transmissions by the arresting officer who became aware of the defendant’s “tweets.” Scott Ruzal, a Penn State student up on charges of DWI and resisting arrest, was awaiting an eventual guilty verdict last March when he started to “tweet” his mind on the subject of his impending conviction.

According to reports, Penn State police officer, Matthew Massaro, who arrested the 20-year-old in 2008, said the student wrote the following on his Twitter account: “When all else fails, try ignorance. I watched four cops lie on a witness stand today and I didn’t say a word.”

May 7, 2009

Costs of Driving Drunk in New Jersey

by Jonathan F. Marshall

Drunk driving, driving under the influence, or DWI. In New Jersey, and anywhere else for that matter, these simple words represent a range of possible scenarios too numerous to list here. As a New Jersey DWI attorney, my office has represented hundreds of drunk driving cases — many of which involved terrible human and societal costs. Even in the best of situations, the personal price can prove truly devastating, with the stigma of a drunk driving conviction affecting the person’s standing in the community, possible loss of a job, or potential damage to relationships with family and friends.

Financially, a drunk driving conviction can be costly, too. Fines and penalties for second and subsequent DWIs are large, but even first-time offenders can feel the sting. Below are just a few of the potential monetary costs that can be expected for a variety of drunk driving offenses, according to the State of New Jersey (Keep in mind that jail time or community service may also be attached, but is not included here).

First DWI Offense
$250-$400 fine if blood-alcohol content (BAC) is 0.08 percent or higher but less than 0.10 percent ($300-$500 fine if BAC is 0.10 percent or higher); automobile insurance surcharge of $1,000 per year for three years

May 5, 2009

New Jersey DWI / DUI Police Blotter

by Jonathan F. Marshall

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.

April 22, 2009

Bayonne, NJ, Man Arrested for DWI After Hoboken Police Chase

by Jonathan F. Marshall

Downtown Hoboken, New Jersey, was the scene of a DWI arrest this past Sunday following what could have easily been a deadly car chase between police and an allegedly intoxicated 23-year-old Bayonne man. Police reported that the suspect refused to pull over and then led them on a chase, which almost resulted in the fleeing driver hitting another vehicle.

By the time it was all over, police had charged Michael M. Leahey with resisting arrest, as well as eluding an officer. He also received summonses for several other offenses, including failure to obey a traffic signal, operating a vehicle the wrong way on a one-way street, driving while intoxicated and refusal to submit to a Breathalyzer test.

The incident began in the early morning hours, after police observed a vehicle headed the wrong way on Hudson Street — a one-way street. Police gave chase with lights and sirens on, but the man reportedly refused to pull his Buick over, instead turning onto First Street so fast that his vehicle briefly fishtailed before the driver regained control.