DWI Stops

October 28, 2010

New Jersey Drunk Driving News: Hackensack, NJ, Cops Charged with DWI-related Accident Cover-up

As a former municipal prosecutor I have the utmost respect those professionals working in the law enforcement community. And who wouldn’t? These are the men and women who put their lives on the line every day to ensure public safety on our roadways and elsewhere across the state. Yet, even though I respect and applaud the effort and selfless dedication of the police force in general, as a New Jersey drunk driving defense attorney I understand that there are always going to be some bad apples out there.

The line we all must draw is when a public servant breaks the laws he or she is sworn to uphold. As a citizen I fully expect all public officials including police officers to carry themselves with dignity and remain exemplary role models to the rest of society.

What I cannot accept is a public servant who flouts the law or twists it for his own gain. Drunk driving is an area of the law in which I and my staff are quite experienced. Not long ago, a couple police officers from Hackensack, NJ, were charged with a cover-up involving a traffic accident. One of the shocking aspects of this story is that one of the cops was drinking and driving while off duty when he crashed his vehicle.

October 26, 2010

NJ DWI Defense Update: Legally Defining the Term “Impaired Driving” for New Jersey Motorists

by Jonathan F. Marshall

In Bergen, Monmouth, Ocean, Union and all counties throughout the Garden State, understanding what is or is not impaired driving is key to a good drunken driving defense. As a New Jersey DWI lawyer, my firm works to assist motorists who have been accused of driving under the influence of alcohol, prescription medication (drug DUI), controlled dangerous substances (CDS) or illicit drugs.

Making a determination of whether or not a New Jersey driver is operating his or her vehicle while impaired — at least as the term applies to alcohol consumption, typically requires taking a measurement of the suspect’s blood. What is measured is something called Blood-alcohol content or BAC for short. As a New Jersey drunken driving defense attorneys, I and my colleagues represent a wide variety of individuals charged with DWI and drug DUI. Establishing a driver’s BAC is an important part of the state’s evidence against that person when and if the case goes to trial.

Specifically, New Jersey law stipulates that if the operator of a motor vehicle, such as a passenger car, light truck, minivan or commercial delivery vehicle, is determined to have a BAC level of 0.08 percent or more, then that individual is guilty of driving while intoxicated (DWI), which is also known variously as drunken driving, driving under the influence (DUI), or impaired driving.

October 25, 2010

Essex County, NJ, Receives Grant Money to Increase Drunk Driving Patrols and DWI Arrests

by Jonathan F. Marshall

Like many New Jersey counties, Essex is the recipient of federal funds to cover the cost of traffic enforcement, including increased drunken driving patrols, sobriety checkpoints and other DWI-related policing efforts. As a New Jersey drunk driving defense attorney, I know that not every DWI or prescription drug DUI arrest results in a conviction.

As Essex County DWI lawyers, I and my colleagues understand the law and have years of experience in areas such as field sobriety testing, Alcotest and blood-alcohol testing equipment, as well as municipal and state court procedures. As a former municipal prosecutor myself, I know the kinds of techniques and strategies employed by the state to gain a conviction for driving under the influence of alcohol and prescription medications.

Police can arrest a motorist for being legally drunk on beer and wine, but arrests and summonses are also processed for drivers who are suspected of being impaired due to marijuana, cocaine and other controlled dangerous substances (CDS).

October 23, 2010

Bergen County Drunk Driving News: Mahwah, NJ, Named One of Top Speed Trap Locations in U.S.

by Jonathan F. Marshall

What many people do not realize is that state and local police officers in New Jersey do not usually pull people over for driving drunk. Law enforcement officers must have a reasonable suspicion that a driver is breaking the law, which typically means another violation such as speeding, not maintaining a lane, or even something minor like a broken taillight or other defective vehicle equipment.

Once a driver is stopped, however, the officer will carefully evaluated the motorist to see if he or she is exhibiting signs of intoxication. Being arrested for driving under the influence of alcohol or prescription medication is possible when the officer suspects that individual is impaired. As a New Jersey DWI defense lawyer, I understand the steps that lead to a drunken driving or drug DUI conviction.

That initial traffic stop, as stated above, will usually be for a routine traffic law violation. While most municipalities will deny it, there are apparently some towns and villages across the US that use speed traps to catch unwary motorists. Driving while impaired in these parts of the country may result in a costly DWI arrest to say the least.

October 21, 2010

Monmouth County DWI Police Blotter: Drunk Driving and Possession of Controlled Dangerous Substance (CDS) Arrests

by Jonathan F. Marshall

Howell
A 25-year-old Point Pleasant resident was pulled over on Route 9 by police for an unknown traffic violation. In the course of the traffic stop, officers noticed evidence of marijuana either on the woman’s person or in the vehicle. The driver was charged with possession of less than 50 grams of marijuana, as well as having drug paraphernalia. She was also charged with operating a motor vehicle in possession of a controlled dangerous substance (CDS).

Tinton Falls
Two 19-year-olds from Ocean Township were arrested by police following a chain of events that included a single-car motor vehicle accident on Route 18 in Tinton Falls. According to police reports, one of the teens was driving a car that struck a guardrail. The other teen apparently took the wheel and drove the damaged vehicle away from the scene of the crash, however it broke down on Shafto Road near West Park Ave. The boys called 911 to report the disabled car. When police arrived, officers found a small amount of marijuana in the vehicle. It was determined it belonged to the young man who initially crashed the car. Both teens were arrested and charged with drunken driving. They were processed and released pending a court date.

A 19-year-old woman Ocean County woman was pulled by patrolmen over for what was likely a routine traffic violation. During the police stop officers apparently observed evidence of marijuana on the suspect’s person. She was arrested and charged with possession of marijuana in a motor vehicle. Officers processed the woman and subsequently released her pending a court date.

A 21-year-old Freehold man and a 35-year-old Red Bank woman were arrested in separate locations on the same day, both for driving under the influence of alcohol. The man was pulled over by police for an apparent routine traffic stop on Route 33, while the female driver was stopped along Sycamore Avenue in Tinton Falls. The woman was processed and released pending her day in court.

Wall
In less than a two-week period, nearly a dozen drivers were stopped for various traffic offenses that then ended up with drunken driving arrests. According to news reports, a 21-year-old man from New Egypt was pulled over on Route 138 for DWI; a 49-year-old Long Branch man was stopped and charged with DWI; an 18-year-old Asbury Park youth was stopped along Route 35 and charged with driving under the influence of alcohol.

A 19-year-old out-of-state man was stopped along Belmar Boulevard and arrested for DWI; A 21-year-old Cranbury resident was stopped along Woodfield Avenue by police before being charged with possession of a prescription drug without a prescription; A 48-year-old Freehold man stopped along Route 35 for allegedly driving drunk.
Continue reading

October 19, 2010

Middlesex County DWI News: Four-time Convicted Drunken Driving Offender Hits Vehicle Driven by New Jersey Policeman

by Jonathan F. Marshall

Being a New Jersey DWI defense attorney, I can say that anytime a drunk driving arrest is connected to a motor vehicle accident things are going to be more complicated than a simple drunken driving traffic stop. This is not to say that being pulled over for driving while intoxicated is a walk in the park, but property damage and potential personal injury only make a DWI defense more involved.

Understanding that hitting another car while inebriated will complicate your life, consider recent news reports that described a man who allegedly struck a vehicle driven by a Middlesex County policeman. To make things worse for the driver, he had already been convicted for driving under the influence of alcohol four separate times in the past. Multiple offenses and hitting a police officer — not the best of circumstances to say the least.

According to the news, 43-year-old David Bennett was charged with multiple offenses after his vehicle apparently drifted over the double-yellow center line along Fresh Ponds Road hitting a light truck being driven by 37-year-old Laszlo Nyitrai, a South Brunswick officer who happened to be driving to work at the instant.

October 15, 2010

NJ DWI News: Passaic County Police Make Multiple DWI Arrests in Clifton, New Jersey, Area

by Jonathan F. Marshall

It may seem that bad things happen in groups, but this is probably just the law of averages in action. Still, the police in Passaic County had their hands full not long ago when more than a half-dozen motorists were arrested for drunken driving in less than three days in the Clifton, NJ, area.

As New Jersey DWI attorneys working in Passaic, Ocean, Bergen and other counties around the state, we know that this is just business as usual for local law enforcement. It must be remembered that not every drunken driving arrest results in a conviction. The penalties for multiple DWI or drug DUI convictions can be quite stiff, so it makes sense to contact a qualified drunk driving defense lawyer to discuss your particular situation. Here are some examples:

Hit-and-Run Accident
A 72-year-old Clifton man was arrested and charged with DWI on a Thursday evening when, according to reports, police responded to a hit-and-run accident on St. Andrew’s Boulevard. The officers detected signs of drunkenness when the questioned the elderly gentleman. Giving him several field sobriety tests to perform, which he could not, the officers arrested and took him into custody. He was charged with DWI after having his blood-alcohol content (BAC) recorded at 0.10 percent. Police also charged the man with leaving the scene of a motor vehicle accident.

Asleep in a Running VehicleThe next morning, just before 2am, police observed a driver asleep in his ’05 Nissan Altima near the intersection of Van Winkle and Highland Avenue. Approaching the car, officers saw that the keys were still in the ignition and they could hear the engine running. Police awakened the 32-year-old Passaic resident to question him, during which they reportedly detected signs of alcoholic intoxication. The man allegedly failed several field sobriety tests, after which the officers arrested him and took him to headquarters. After registering a BAC of 0.10, he was charged with DWI.
Continue reading

October 13, 2010

New Jersey DWI News: Monmouth County Cop Accused of Assault and Tampering with a Witness

by Jonathan F. Marshall

As a former municipal prosecutor and New Jersey drunken driving defense lawyer, I certainly respect the law enforcement professionals who ensure the public’s safety on our roadways and everywhere else across the Garden State. And while I praise the efforts of police in bringing criminals to justice, I fully expect those same officers to carry themselves with dignity and honor at all times.

What I cannot abide is when a public servant who is sworn to uphold the laws of our state flaunts those laws or otherwise diminishes his office by breaking the very law he has promised to maintain. Drunk driving is one area of the law in which my office is very experienced. Recently a patrolman in the Little Silver, NJ, was charged with several serious offenses including assault and attempting to tamper with a witness.

Part of this officer’s job, when he was active on the force was to arrest motorists for driving while intoxicated. Any time an officer is charged with breaking the law, people start to wonder about the validity of previous arrests made by that individual, in this case arrests made against drivers who were believed to be driving under the influence of alcohol.

According to news articles, a grand jury had recently made an 11-count indictment against the veteran patrolman due to charges he assaulted a defendant and then asking a witness to lie or withhold information about the incident. The indictment included four counts of official misconduct, two each for obstruction of justice, aggravated assault and hindering his own apprehension, and one related to witness tampering.

An investigation was begun by the Monmouth County prosecutor and the Little Silver police after officials learned of an allegation that the officer used excessive force while on patrol.

The officer, who was well known for his work in catching and arresting drunk drivers, was initially suspended with pay. However, as soon as charges were filed last January, he was suspended without pay from his job.
Continue reading

October 11, 2010

Bergen County, NJ, Drunken Driving Report: East Rutherford DWI Police Blotter

by Jonathan F. Marshall

Here in New Jersey, drunk driving arrests happen on a daily basis. Many times these incidents begin with a routine traffic stop for a sometimes minor traffic violation but soon turn into a full-blown DWI situation. Instances of motor vehicle accidents can also lead to a driver being slapped with a summons for driving under the influence of alcohol.

As a New Jersey drunk driving defense lawyer, my firm represents individuals who have been accused by state or local police of driving while intoxicated. A look at the local news shows a sampling of DWI arrests in the Bergen County area, which illustrate the typical kinds of traffic stops that lead to possible drunk driving charges and convictions.

One such stop occurred on a Monday evening when a concerned motorist called police on her cell phone to reports a possible drunken driver ahead of her on West Paterson Avenue in East Rutherford, NJ. Police responding to the call came upon a vehicle at the intersection of Paterson and Main. A 43-year-old man was in the vehicle seated in what police described as “a fully reclined position” and apparently asleep.

Waking up the out-of-state driver to request the man’s paperwork, officers reported that they detected the smell of alcohol on the driver’s breath. Suspecting that he was intoxicated, police had the man perform a number of field sobriety tests, which he reportedly failed. At that point, the officers arrested the man and charged him with DWI.

On another occasion, a patrolman going eastbound on Route 3 watched as another car passed him in the center lane and then reportedly swerved between the lane demarcations. The officer noted that the suspect vehicle nearly struck another motor vehicle at that time. Driving another 500 yards, the vehicle was observed pulling over in the right lane. The officer then called to the man via his patrol car’s PA system and told him to move his car.

Pulling the driver over into a nearby gas station, the officer asked the driver to exit the vehicle and perform several field sobriety tests. Failing those tests, the 45-year-old Rutherford resident arrested and charged with driving under the influence of alcohol. Consequently, he was also charged with driving on a suspended license, careless driving, failure to maintain his lane and obstructing passage of other motor vehicles.
Continue reading

October 7, 2010

New Jersey Drunk Driving Update: Understanding the DWI Arrest and Conviction Process — Part One

by Jonathan F. Marshall

Taking the wheel of a car or truck while intoxicated is never advisable, though many people do drive after drinking a beer, a glass of wine or shot of tequila. After doing so, the odds of getting pulled over can often go up many fold. As a New Jersey DWI defense attorney and former prosecuting attorney for municipalities in the state, I understand how drivers in the Garden State can get arrested for and charged with drunk driving by local or state police.

Knowing that you can be arrested for driving while intoxicated is fine for starters, but there are a number of other parts of the drunken driving arrest and conviction process that one should be familiar with. Naturally, impaired driving either through the consumption of alcohol or the use of prescription medication (drug DUI) is something that every drive should avoid for their own safety, if not for others.

As Ocean, Monmouth, Bergen and Union County drunk driving defense attorneys, we hope that the following pointers may be of some use to individuals currently facing DWI or DUI charges. Understanding these may help other New Jersey motorists avoid the pitfalls and legal troubles of being arrested or convicted of drunken driving. The process begins, simply enough, with a driver being stopped for a routine traffic violation, but it can quickly escalate to include taking a field sobriety test and then an Alcotest, or breathalyzer test.

Whether a driver is ultimately charged with driving under the influence of alcohol, drug DUI, or breath test refusal, will have much to do with the particular circumstances of the traffic stop and the driver’s level of inebriation.

Many might ponder under what circumstances a New Jersey police officer will likely stop them for drunken driving. Although an officer may not be aware at first that a motorist is, in fact, impaired by alcohol or prescription meds, he may decide to pull a driver over for any number of possible traffic violations.
Continue reading