DWI Stops

July 21, 2009

NJ DWI Police Blotter: Mercer and Middlesex County Drunk Driving and Drug DUI Report

West Windsor Township — In a potential marijuana DWI traffic stop a 17-year-old Hamilton, New Jersey, resident was stopped on a Saturday night along Route 1 by police for a routine traffic offense. The teenager was found to have a small amount of the controlled substance, or weed, in his vehicle and charged with possession of less than 50 grams of marijuana. After the stop, which occurred near Emmons Drive, the man was placed under arrest and taken to police headquarters for processing. He was later released to the custody of his mother.

West Windsor Township — Two potential drug DUI arrests were also made on Route 1, just days apart. A 29-year-old Hamilton man traveling southbound was pulled over on a Sunday morning for a traffic violation near Quakerbridge Road. During the stop, officers discovered a small amount of cocaine in the car. The man was subsequently charged with possession of that controlled substance. Several days later, a 21-year-old resident of Trenton, New Jersey, was stopped in the early morning hours for a traffic infraction near Meadow Road. Following the traffic stop on the northbound side of Route 1, police found evidence of drugs and charged the man with possession of cocaine.

Plainsboro — On an early Friday morning, a Willingboro resident traveling in a 2004 Acura was stopped for doing 75mph in a 55mph zone on southbound Route 1. The 23-year-old man, who was found to be intoxicated, was charged with drunk driving, speeding, reckless driving, failure to maintain a single lane and failure to carry auto insurance. He was released pending a future court date.

July 20, 2009

Warren County, NJ, Assistant Prosecutor Arrested for Drunk Driving

by Jonathan F. Marshall

As a former prosecuting attorney having handled DWI cases for a number of New Jersey municipalities in the past, I am well aware of the professional pressures associated with working in a prosecutor’s office. Furthermore, as a current New Jersey drunk driving defense lawyer, I can sympathize with many of my clients who have been accused of driving while intoxicated.

One thing I do not have much patience for, however, is a lack of discipline on the part of certain government officials and law enforcement personnel when it comes to their own personal conduct regarding drinking and driving. I’m speaking here of the danger of losing the public’s respect for those in law enforcement and in the judiciary due to the apparent hypocrisy exhibited by a small percentage of individuals in positions of authority.

Past news reports have covered members of the police and the judiciary accused and conivted of driving under the influence of alcohol. Recently, another individual, this time from the prosecutorial side of the justice system, has been arrested for DWI. A Warren County assistant prosecutor was charged with drunken driving, after he allegedly ran over a fire hose without being authorized to do so.

Kevin Brotzman, a 29-year-old newcomer to the prosecutor’s office, was picked up on June 14 by police after potentially interfering with city firefighters who were trying to extinguish a burning vehicle near his home. Based on news reports, the incident occurred in the early morning hours, when the man steered a 2004 Saturn around a tow truck and drove over an active fire hose. Officers gave Brotzman three field sobriety tests, all of which he failed, according to police.

It should be noted that although Brotzman is relatively new to the Warren County prosecutor’s office, he is by no means inexperienced — he has already handled some high-profile cases, including the conviction of Keri Ann Brekne, a former Lopatcong Township schoolteacher who molested one of her students. In this case, he should have known better than to take the wheel after consuming alcohol.

Court records show that the Brotzman’s preliminary blood alcohol content (BAC) was 0.09 percent. Although individuals with readings of 0.08 and above can be charged with drunken driving, as a seasoned DWI defense attorney, I know that there are many factors involved in being legally drunk. In many cases, a person in Brotzman’s situation could possibly be acquitted of those charges, which would certainly be awkward for an individual who more than likely prosecutes drunk driving defendants as part of his job.
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July 18, 2009

Madison, NJ, Police Blotter: Recent Alcohol DWI Traffic Stops and Arrests

by Jonathan F. Marshall

As a New Jersey drunk driving and drug DUI defense lawyer, as well as a former municipal prosecutor, I know that on any given day local police will make dozens of DWI arrests across the Garden State. Similarly, our local courts see hundreds of driving while intoxicated cases come through their doors every month. Madison, NJ, is no different than other communities throughout the country. Here are just a few recent examples of DWI arrests in this part of Morris County.

July 7 — A law enforcement officer stopped an 18-year-old man in the late evening hours after the patrolman observed a car traveling at a high rate of speed on Route 24. The officer also noticed the driver did not keep right, after which he pulled the suspect over and saw that the driver had a bottle of brandy in the car. The resident of Elizabeth, New Jersey, was arrested and charged with underage possession of alcohol. He was later released pending a court appearance.

July 9 — Following an evening traffic stop, an officer arrested two 20-year-old women from Chatham for underage possession of alcohol. The suspects’ Cadillac was observed doing 40mph in a 25mph zone and was subsequently pulled over. During the stop, the officer noticed three 30-packs of beer in the rear seat. Both individuals were later released pending their court appearances.

July 12, 2009

Police Blotter: New Jersey Drunk Driving and Drug DUI Arrests and Summonses

by Jonathan F. Marshall

Sparta

A 47-year-old man from Newton, New Jersey, was stopped by police for careless driving and charged additionally with driving while intoxicated. The arrest occurred on Route 15 when officers observed the man’s pickup truck being driven erratically. Following the incident, he was released pending a court appearance.

A Nutley, NJ, man was recently charged with drunk driving and refusing to submit to a breath test. The DWI stop took place after the 27-year-old was observed running a red light. Police officers charged the man with additional traffic offenses, including careless driving, not maintaining a lane, unsafe tires and not wearing a seatbelt. The man was subsequently released pending a court appearance.

July 7, 2009

Morris County, NJ, Drunk Driving News: DWI and Drug DUI Police Blotter

by Jonathan F. Marshall

Mount Olive

A 57-year-old Hackettstown woman was stopped by police last Saturday and charged with driving while intoxicated, failure to stay within her lane, and reckless driving. The drunk driving arrest occurred in Morris County, New Jersey, following a traffic stop on Oakwood Drive. The lady was released and currently has a court appearance pending.

Several potential drug DUIs recently occurred this past weekend. The first involved a 17-year-old juvenile from Long Valley, NJ, who was stopped by police for failure stay within his lane, as well as drug possession in vehicle. The stop took place on Route 46, after which the young man was released to one of his parents.

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 23, 2009

30 NJ Troopers Responsible for 900 Drunk Driving Arrests in 2008

by Jonathan F. Marshall

Mothers Against Drunk Driving (MADD) recently awarded more than 70 New Jersey police officers for their DWI arrests during 2008. State troopers and officers from Bergen, Hudson and Ocean Counties, among others, were honored at an event supporting the state’s law enforcement community for its efforts in actively locking up drunk drivers. The event was headed by the Executive Director of MADD NJ, Mindy Lazar, and hosted by Pierre’s Restaurant in Middlesex County.

As citizens we can appreciate the difficult and dangerous work that members of New Jersey’s law enforcement community take on every day. What’s surprising is that 30 state troopers accounted for nearly 900 driving while intoxicated arrests last year. That averages out to less than 30 DWI arrests for every trooper. What does this say? Perhaps that the average police officer has less experience in drunk driving cases than any of the DWI defense lawyers currently practicing at our offices.

The three attorneys in our office have a total of 40 years experience between them defending clients in areas such as drunk driving and breath test refusal. Although there are no plea bargains in New Jersey DWI/DUI cases, the drunk driving defense attorneys of this state have some of the highest success rates in the nation. As a former prosecutor myself, I know first-hand that New Jersey prosecutors are taught that they will have a difficult time winning a case when the defendant has a DWI defense lawyer by his side.

June 18, 2009

College Student DWIs Up in New Jersey, U.S. Says Drug and Alcohol Report

by Jonathan F. Marshall

Apparently, driving while intoxicated is still high on the curriculums of New Jersey’s university students. Based on information coming out of Little Falls, NJ, a recent study shows drunk driving — as well as binge drinking — continues to be a problem with college-age adults, here and across the nation. According to the Journal of Studies on Alcohol and Drugs, driving under the influence of alcohol among undergraduates increased from 26.5 percent to 29 percent between 1998 and 2005, while alcohol-related deaths rose about three percent.

Binge drinking may be a major factor in this trend, as the report also showed that the percentage of students who pursued this activity while attending school increased from approximately 42 percent to 45 in the seven years from 1998 to 2005. The increase in binge drinking — defined as five or more drinks on any one occasion — occurred primarily in students ages 21 to 24, according to the study.

Published in the July special issue of the journal, it shows the percentage of students aged 18 to 24 who drove drunk increased by nearly three percentage points between 1999 and 2005. Similarly, those engaged in binge drinking rose from 41.7 percent to 44.7 percent, according to Ralph Hingson, Sc.D., M.P.H., and his colleagues. The study was one of 14 published in the special supplement, which focuses on college drinking problems.

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 8, 2009

DWI Convictions Haunt Two New Jersey Judges Disciplined by State Supreme Court

by Jonathan F. Marshall

Two New Jersey municipal judges arrested for drunk driving were recently disciplined by the state supreme court. One of the judges, Peter Tourison, received a more serious sanction because his DWI offense included property damage from a collision, as well as an effort to interfere with the results of the Alcotest breath testing machine.

On Tuesday, June 2, the New Jersey Supreme Court censured Judge Tourison, who presides over the municipal courts in Stone Harbor, Cape May and Middle Township, for the arrest precipitated by his public intoxication. The court also reprimanded Judge Robert Jones, of Livingston. Under a new policy adopted by the Court, judges convicted of driving under the influence of alcohol are disqualified for one year from presiding over DWI cases.

Tourison, arrested in early 2008, was stopped by police after he allegedly drove his BMW against the flow of traffic on Bayshore Road in Lower Township. He reportedly forced another driver to swerve his car onto the shoulder and then ended up in a Wawa parking lot where he ran into a parked Ford Explorer. The arresting officer stated that he detected the odor of alcohol on Tourison, who claimed he had consumed only two drinks, but then failed most of the field sobriety tests.