DWI Stops

November 11, 2009

Drunk Driving Update: Defining Impairment for New Jersey Motorists

In the state of New Jersey, the determination of whether a motorist is driving while impaired driving, at least as it pertains to alcohol use, involves a measurement of the suspect’s blood alcohol content (BAC). As a New Jersey drunk driving defense attorney, and former municipal prosecutor, I have handled all manner of drunken driving cases throughout my career. The establishment of a defendant’s BAC plays is a major role in any drunken driving case.

Strictly speaking, the law states that if an individual who is the operator of a car, truck, SUV or other motor vehicle is found to have a BAC of 0.08 percent or more, that person is guilty of drunk driving, also known as driving under the influence of alcohol, or more commonly, driving while intoxicated (DWI).

The term BAC refers to the amount of alcohol in a driver’s bloodstream. An important point to remember is that although the law makes reference to 0.08 percent BAC as the legal limit, one can still be convicted of drunk driving even if his or her BAC is below 0.08 percent.

November 9, 2009

Ocean County Man Charged with DWI, Aggravated Assault after Drunk Driving Stop

by Jonathan F. Marshall

As a New Jersey DWI defense lawyer, my firm’s primary job is to provide comprehensive representation to drivers accused of driving under the influence of alcohol, prescription drug or controlled substances. While the act of driving while intoxicated is enough to get a motorist charged with DWI or drug DUI, compounding the offense by fleeing from or fighting with a law enforcement officer is never recommended.

A recent news article shows just what this kind of behavior will net someone. According to reports, a Jackson, NJ, man was pulled for alleged drunken and erratic driving in the early evening of October 4. Officers had observed Christopher Romano’s Toyota Corolla crossing lanes and moving erratically, according to Captain John Rein.

Police reports state that as patrolman Austin Kenny approached the car he could smell alcohol and asked Romano to step out of the vehicle. Romano then allegedly tried to lock himself in the vehicle.

November 3, 2009

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

by Jonathan F. Marshall

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.

November 1, 2009

Montville, NJ, Woman Convicted of DWI Vehicular Assault against Police Officer

by Jonathan F. Marshall

A Montville, New Jersey, woman was recently sentenced to 48 months in jail after being convicted for her third drunk driving arrest as well as vehicular assault charges after hitting a police officer and two other vehicles in 2008. Having defended many New Jersey motorists accused of driving under the influence of alcohol, I can only say that this type of case needed serious DWI defense work.

According to news reports, Andora Needleman, 47, pled guilty back in August to a couple counts of vehicular assault, as well as driving while intoxicated, plus leaving the scene of an accident. One assault charge was for hitting Officer Kevin Milley, while the second was for hitting a car with a five-year-old child on board.

Superior Court Judge Salem Vincent Ahto revoked Needleman’s driver’s license for 10 years, which begins when she is released from prison. She is expected to apply for early release from prison under the state’s Intensive Supervision Program, which is a stringent form of parole.

October 29, 2009

New Jersey Police Blotter: Numerous Essex and Morris County DWI Arrests in the News

by Jonathan F. Marshall

Montclair

A resident of Wayne, NJ, was stopped by police just after 12am on September 21 for allegedly running three stop signs. As a drunk driving defense lawyer with offices throughout New Jersey, I know that this kind of behavior is difficult to explain simply. However, my firm has represented many individuals arrested for DWI under similar circumstances, which is not uncommon.

According to police reports, the 44-year-old man was driving a 2006 Honda CR-V when he was pulled over by law enforcement officers at Valley Road and Church Street. Officers reportedly could smell alcohol on the man, who also exhibited other signs of possible intoxication, police said. When asked, the suspect explained that he had consumed two beers at a local bar earlier that evening.

October 25, 2009

Suspect Arrested for Drunk Driving, Marijuana Possession following Chase by Red Bank Police

by Jonathan F. Marshall

The east side of Red Bank, NJ, was the site of a police chase following an initially unsuccessful DWI traffic stop. According to reports, Captain Darren McConnell of the Red Bank traffic safety unit identified a Chevy pickup moving erratically around 2am on Saturday, September 26, just prior to running a stop sign at Wallace and McLaren streets.

As a New Jersey DWI defense attorney having defended numerous motorists charged with driving under the influence of alcohol, this is a typical scenario for an early morning drunk driving arrest. However, fleeing a police officer only complicates matters for a defendant accused of driving under the influence. In this day and age, there is no sense to making matters worse by adding resisting arrest to the list of charges.

In this case, Captain McConnell attempted to pull over Jesse Rowe, 21, who was driving his vehicle in an allegedly erratic manner. As McConnell started to pull Rowe’s truck over the suspect accelerated away in an apparent attempt to evade arrest. Pursuing Rowe eastbound on McLaren Street, then north on William Street and east again on Mechanic, the entire chase was less than a half mile, according to police reports.

October 22, 2009

Two Randolph Township Cops Lose Their Jobs in Drunk Driving Cover-up

by Jonathan F. Marshall

I’ve said it here before. As a New Jersey DWI defense lawyer, I have little patience for any malfeasance on the part of law enforcement officers or members of the prosecutor’s office when it comes to upholding the laws that they are responsible for enforcing. Every individual accused of drunk driving or other alcohol-related offense should be treated equally without favor or discrimination. A recent news story about a couple police officers from the Randolph Township police department brought this to mind.

According to reports, former officers Shawn Boyhan and Stephen J. Kepler appeared in a Morristown courtroom on October 19 having been accused of destroying, concealing or altering official records. The two were forced to give up their jobs with the township, put on probation for one year and ordered to perform community service for trying to cover up the drunk-driving arrest of a fellow officer’s relative.

The 31-year-old Boyhan entered a conditional guilty plea, saying that after he stopped a motorist on August 21 he learned the driver was related to another Randolph police officer. Boyhan said he spoke with Kepler, 49, and decided to “unarrest” the motorist and let him go. No breath tests were conducted and no paperwork filled out.

October 19, 2009

Morris Township, New Jersey, DWI Arrests and Other Alcohol-related Violations

by Jonathan F. Marshall

Every month dozens of drunk driving and drug DUI arrests occur in Morris Township, NJ, as well as across the Garden State. Police departments and state law enforcement agencies have a very low tolerance for driving while intoxicated. As an experienced New Jersey DWI defense attorney, my firm has defended hundreds of motorists accused of driving under the influence of alcohol. Many of their DWI stories are reflected in the various news reports shown below.

Morris Township

A 35-year-old local man was stopped by police after he was observed driving his 1997 Ford erratically and at high speed along Madison Avenue around 10pm on a Saturday evening. Upon pulling the driver over, police said he showed clear signs of drunkenness. According to reports, when the patrolman attempted to place the driver under arrest, he allegedly resisted. Additional officers were called in and the suspect was subdued and taken into custody. He was taken to headquarters where he refused to provide breath samples. Police charged him with breath test refusal, resisting arrest, failure to stop when signaled by police, failure to change address with the DMV, failure to keep right, improper passing and reckless driving, police said. He was released pending further court action, police said.

October 17, 2009

New Jersey Smokers may be “Falsely Accused” of DWI by Police Breathalyzer Machines

by Jonathan F. Marshall

New Jersey motorists charged with drunk driving may be surprised to learn that blood alcohol content (BAC) measuring devices such as the Alcotest machine can return falsely elevated BAC readings that don’t reflect an individual’s actual state of sobriety. As a New Jersey DWI defense attorney, I find that a percentage of people charged with driving under the influence of alcohol were not actually legally drunk due to faulty breathalyzer results.

Body weight, time since you last drink and other factors can greatly affect the results of the Alcotest device, a breathalyzer machine commonly used by New Jersey law enforcement agencies. One unexpected cause of false readings can be smoking tobacco.

There is some research that points to smokers as having a greater chance of being accused of DWI due to high BAC readings from a breath test. Actually, breathalyzers like the Alcotest machine don’t really measure alcohol. Their design is such that they detect any compound containing the molecular structure of compounds in the methyl group — which these devices take to be alcohol. This is extremely important for motorists who smoke, because these machines cannot distinguish the difference between alcohol and acetaldehyde.

October 9, 2009

NJ Drunk Driving News: “Put the Brakes on Fatalities Day” Could Heighten DWI Enforcement

by Jonathan F. Marshall

Drivers across the New Jersey area, including Middlesex, Monmouth, Ocean and Atlantic counties, may see an increase in police presence on the state’s highways and surface streets during this coming Saturday, October 10. In a nationwide campaign known as “Put the Brakes on Fatalities Day,” law enforcement agencies will be out in force looking for traffic violations and targeting zero fatalities for one full day. This effort may include sobriety checkpoints in various areas.

As a citizen of New Jersey, as well as a DWI defense attorney, I am always happy to see traffic deaths decrease. However, I know that some motorists can get a raw deal from local and state police during campaigns such as this. That is why I always encourage people arrested for drunk driving to contact a legal professional for advice and counsel.

According to news reports, “Put the Brakes on Fatalities Day” will see police departments statewide emphasizing and enforcing all traffic laws, including seatbelt usage, obeying the posted speed limit, avoiding distractions such as cellphone use while driving, and not getting behind the well when intoxicated.