DWI Stops

September 4, 2009

Bergen County, NJ, Police Blotter: DWI and Marijuana / Drug DUI News

Everyday, New Jersey motorists are stopped by local and state police for drunk driving offenses, as well as driving under the influence of prescription or illegal drugs. As a New Jersey DWI and drug DUI defense lawyer, I and my staff of attorneys and experienced legal professionals work diligently to defend drivers wrongly accused of driving under the influence of alcohol and other substances. The following news items represent the types of cases we handle on a day-to-day basis.

East Rutherford
A Hackensack man was arrested on August 11 in the late evening for drunk driving, breath test refusal and careless driving. The 57-year-old was picked up after he was involved in an accident on Swan Court. The driver’s 1990 Mercury was impounded and he was later released to the custody of his daughter.

A man in his late 50s was arrested on July 24 for possession of cocaine, having an expired inspection sticker on his vehicle, possession of drugs in a motor vehicle and operating a car with an open container of alcohol. The arrest occurred after the man was stopped at a DWI checkpoint on Paterson Avenue and Everett Place. He was subsequently released on summonses to his wife.

A 39-year-old from Rochester, N.Y., was arrested on August 11 in the early morning hours after he made an illegal U-turn on Route 17. The man was stopped by a patrol car and charged with DWI, refusal to submit to a breath test, illegal U-turn, careless driving and failure to signal. The driver was held in the local jail until he was deemed sober.

North Arlington
An 18-year-old, 19-year-old and 16-year-old juvenile, all from Kearny, were arrested in the early morning of July for possession of marijuana. The arrest occurred following an inquiry at Fisher Field off Sixth Street where police reportedly found a large quantity of cigar materials and marijuana on the pavement in the park, plus two bags of marijuana in the suspects’ car. The adults were released on summonses and the juvenile was released to his parents.

A 39-year-old man from North Arlington was arrested on July 25 for drunk driving, refusal to submit to a breath test, failure to keep right and careless driving. The traffic stop happened on Sunset and Prospect avenues. According to reports, the man’s car was impounded and he was subsequently released to a responsible party pending a court appearance.
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August 25, 2009

North Bergen, NJ, Police Arrest Bellville Man for DWI Injury Accident

by Jonathan F. Marshall

A recent accident at a roadway construction site in North Bergen was allegedly caused by a drunk driver who injured a construction worker at the site and also hurt a pregnant woman in another vehicle. As a New Jersey DWI defense lawyer, my office has represented numerous clients involved in similar accidents over the years. As an experienced attorney and former municipal prosecutor, I know how to defend such cases. In this instance, the driver was charged by police with several offenses including driving while intoxicated.

Reports indicate that while construction workers were changing a signal arrow board outside of the construction area near 91st Street, Angelo Lopez of Belleville, NJ, who was driving north on Tonnelle Avenue, appeared to try and go around a green 1995 Honda, but hit the car instead. According to witnesses, the 35-year-old driver was reportedly weaving in and out of traffic in his 2004 Audi sedan prior to the accident at the construction site.

Lopez allegedly hit the Honda, driven by an 8-month pregnant woman, forcing the woman’s car off the roadway and into one of the construction workers, causing the man to be forced to the ground, police said. The worker was treated for minor injuries to his leg. Both the pregnant woman and the construction worker were taken to Palisades Medical Center.

August 15, 2009

Plainfield Man Arrested for Drunk Driving in Middlesex County, Charged with Child Endangerment

by Jonathan F. Marshall

If there is one thing I remind people arrested for DWI and other drunk driving violations, don’t make things worse by pulling another person in on your mistake. Of course, an adult is fully capable of deciding if he wants to ride with someone who is obviously intoxicated, but a child, well that’s a different story. As a New Jersey drunk driving lawyer, I and my staff of experienced DWI attorneys have represented clients charged with a wide range of offenses in addition to driving under the influence of alcohol, or prescription or illegal drug DUI.

A recent news article is an example of the trouble that a driver can get into when not considering the safety of his or her passengers. Apparently a 22-year-old Plainfield man was arrested for driving while intoxicated after crashing his vehicle in the driveway of a Dunellen home late in the evening of August 3.

According to police, Stanley Brown of 127 Prospect Avenue was arrested by borough police after he allegedly crashed a 1994 Nissan Maxima along the driveway as he was trying to leave the locale around 11 p.m. Officers were called to the scene by concerned neighbors, who told officers that the man had fled the vehicle and was in the backyard of the house.

According to reports, the police found a five-year-old boy sitting on the back seat of the car, but not in a child-restraint seat. The child was identified as the son of Brown’s girlfriend. Officers then searched and found the man in the backyard, where they also detected the odor of alcohol on his breath.

After having the man take a series of field sobriety tests, which he allegedly failed, police administered a breathalyzer test and found the man’s blood alcohol content (BAC) to be 0.19 percent — double the legal limit in New Jersey. Brown was then arrested and transported to the Middlesex County Adult Correction Center in North Brunswick.

Police said that child’s condition was evaluated by the Dunellen First Aid Squad and was determined to be unhurt. The boy was returned to the custody of his mother, and Brown was also charged with child endangerment.
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August 14, 2009

Drunk Driving Arrest News: New Jersey Police Blotter

by Jonathan F. Marshall

South Orange — An Essex County, New Jersey, resident was stopped by police around 1:30 a.m. on August 7 when and officer saw a car apparently speeding on Sloan Street, after which it poorly negotiated a left turn onto South Orange Avenue. After making the traffic stop, other officers arrived at the scene where they detected the scent of alcohol on the driver’s breath indicating that the man was probably drunk. A passenger in the front seat also appeared to be intoxicated. Police administered a field sobriety test to the 43-year-old Maplewood resident, which he failed. The man became upset following the test. Police arrested him for DWI, took him into custody and impounded his vehicle.

South Orange — On August 8, in the early morning hours, a patrolman noticed a vehicle parked in front of 67 South Orange Avenue with the motor running, headlights burning and right-front tire completely flat. On closer inspection, the officer could see that the 28-year-old Greenbrook, NJ, resident appeared to be sleeping. The officer attempted to awaken the man, who became somewhat responsive after several minutes. Interviewing the conscious driver, the police officer could detect the odor of alcohol on the man’s breath. Other officers were called to the scene and the man was removed from the vehicle and given several field sobriety tests, all of which he failed. Police arrested the man and transported him to headquarters where a test for blood alcohol content (BAC) showed a reading of 0.13 percent.

Madison — A 49-year-old Irvington resident was stopped for careless driving by local police officers late in the evening of July 31. During the traffic stop, officers noticed that she was inebriated, after which she was charged with drunk driving and later released to a family member.

August 13, 2009

Pedestrian Injured by Alleged Drunk Driver in Union County, NJ, DWI Traffic Accident

by Jonathan F. Marshall

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.
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August 9, 2009

New Jersey “Click It” Traffic Safety Campaign Nets 866 Drunk Drivers across the State

by Jonathan F. Marshall

The drunk driving arrest results are finally in following the conclusion of New Jersey’s two-week-long “Click It or Ticket” seatbelt and traffic safety campaign, which ended back on May 31. In that period, state law enforcement officials report that they arrested nearly 900 motorists for driving under the influence of alcohol. As a New Jersey DWI defense lawyer, I’m proud of the job our police officers do to improve public awareness regarding the benefits of seatbelt use. At the same time, I know that not all of those 866 drivers arrested will be convicted of driving while intoxicated.

In addition to the 800-plus drunk driving arrests last May, New Jersey police also gave out 891 citations for improper use of child restraints, wrote 6,833 tickets for speeding, and ticketed more than 40,000 motorists for seatbelt-related violations. That compares favorably, according to reports, to the 46,000 tickets given out in 2008 for similar violations.

Regarding those 866 DWI arrests, in my experience as a drunk driving defense attorney, I know that not every ticket will stand up in court. When defending individuals accused of driving while intoxicated under the influence of alcohol, there are multiple factors that can affect the validity of a prosecutor’s evidence.

Take the breath test, for instance. The Alcotest device, the operation of which every attorney in my office has been fully certified, must be maintained correctly. If not, the results can turn out wrong and actually be useless during a trial. Even if the breathalyzer is working correctly, factors affecting BAC (or blood alcohol content) can vary widely. The key here is, don’t automatically assume that the machine is always right. It may say you were legally drunk, but that result may not stand up to a seasoned DWI defense lawyer.

As a former prosecutor myself, I know how the state or municipality goes about prosecuting drunk driving defendants. They may bring up certain points to try and prove that you were driving your vehicle under the influence of alcohol. A prosecutor may say that officers detected an “odor” of alcohol on your breath, that you were driving somewhat erratically, or that you exhibited a “disheveled” appearance or acted as if you were intoxicated. They may even state that you exhibited poor field sobriety test (FST) performance. You have to understand that these are all ways in which a prosecutor attempts to sway the court to find you guilty of DWI.

But what a prosecutor will rarely if ever mention is that these types of “evidence” are very ambiguous and subject to a range of interpretation. Not to mention, these previous statements and observations made by the prosecution are often quite unreliable and result in faulty assumptions.
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August 6, 2009

Union County, NJ, Man Charged with DWI after Minor Parking Lot Fender-bender

by Jonathan F. Marshall

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.
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July 28, 2009

Former American Idol Competitor Killed in Jersey Shore DWI Pedestrian Fatality

by Jonathan F. Marshall

The death of an innocent person is no time to say I told you so, but the recent fatal DWI accident in Ocean County involving 25-year-old American Idol contestant, Alexis Cohen, points up something that no one should ever contemplate when pulled over for driving while intoxicated. As a New Jersey drunk driving lawyer, I’m holding this incident up as an object lesson of what NOT to do. Never attempt to flee from the police. Nothing good can come of it.

In this instance, what might have been a relatively simple case of driving under the influence of alcohol coupled with a minor parking lot fender-bender instead turned into a tragic case of vehicular manslaughter. According to reports, a 23-year-old Toms River, NJ, man had left the scene of the fender-bender next to Hemingway’s Bar shortly before 4 a.m. last Saturday when his 2005 Mitsubishi Galant struck and killed Cohen, who was on foot.

The driver, Daniel Bark, allegedly hit a parked car in the lot adjacent to the bar, after which a bicycle-mounted Seaside Heights police officer attempted to stop the man. According to news reports, Bark fled west on Dupont Avenue and turned right onto Bay Boulevard, traveling north in the southbound lane. Authorities believe that this is where Bark hit the pedestrian, Ms. Miss Cohen.

July 25, 2009

Police Blotter: Bergen County Drug DUI and DWI Arrests

by Jonathan F. Marshall

Police throughout Bergen County had a number of dunk driving and drug DUI arrests during the first half of July. With an office in Jersey City, our drunk driving defense attorneys can handle your Bergen County DWI, DUI or breath test refusal case quickly and efficiently. We represent many clients who have experienced situations not unlike the following driving while intoxicated arrests published in the local press.

Carlstadt — A 56-year-old man from Ridgefield Park allegedly passed out and hit a brand new 2009 Honda Accord parked on Sixth Street near Berry Avenue this past July 9. Police arrested the man for careless driving and also found 52.6 grams of marijuana in the suspect’s vehicle, as well as 54 tablets of Alprazolam. Discovery of the drugs caused the officers to write the man up for possessing drugs in a motor vehicle, being under the influence of drugs, possession of marijuana, or weed, and possession of drug paraphernalia, specifically rolling papers. The man was then transported to Hackensack University Medical Center.

Carlstadt — A Kearny man was stopped in the early morning hours of July 16 for speeding on southbound Route 17. During the stop, police determined that the 20-year-old man was intoxicated and allegedly had drug paraphernalia in his car. Officers then charged the man with driving under the influence of alcohol, possession of drugs in a car, careless driving, possession of marijuana and possession of drug paraphernalia (plastic dime bags). He was released on summonses to a responsible party.

July 23, 2009

All-terrain Vehicle Rider Arrested for Drunk Driving in Morris County

by Jonathan F. Marshall

It’s not uncommon for some New Jersey residents to mix recreational off-road riding with alcohol, though the two hardly go well together. Whether it’s a motorcycle, ATV, snowmobile or dirt bike, driving while intoxicated can be dangerous. The New Jersey State Police, as well as local law enforcement agencies, keep a watch for drunk drivers on- and off-road. During the summer, boaters caught piloting their powerboats while under the influence of alcohol also run the risk of being arrested for DWI.

Recently, a Bergen County man was stopped for riding his all-terrain vehicle on private property. The criminal trespass charges would have been bad enough, but Mount Olive police also noticed that the rider was intoxicated. As a New Jersey drunk driving defense attorney, my firm has defended folks like Piotr Dabek, the owner of that ATV. He was caught near Crease Road last Sunday after neighbors called police to report a stranger riding his ATV on private property.

According to reports, Dabek tried to run from the Mount Olive police officer dispatched to the scene. After a short foot chase through a wooded area, the officer caught up to the 30-year-old suspect. Bringing Dabek back to his patrol car, the officer gave the man several field sobriety tests, including a balance test, which Dabek failed. The officer then placed him under arrest and charged the man with DWI and criminal trespass. Police also impounded Dabek’s all-terrain vehicle.
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