DWI Stops

June 5, 2009

Homicide Charges Dropped in New Jersey DWI Fatality Case

Family members of a pedestrian killed last summer in Belmar by a drunk driver have expressed their anger over the recent reduction in charges against the defendant in the case. Despite having struck and killed 22-year-old Christopher Nowak while driving drunk on New Jersey’s Route 35, Mark Rich of Neptune City, NJ, now faces only a driving while intoxicated charge that carries with it a $500 fine, a 30-day maximum jail sentence, and a one-year license suspension.

Last December, a grand jury turned down an indictment of vehicular homicide against Rich, 53, that would have called for a maximum of 10 years in prison. Upon the grand jury’s rejection of the indictment, the case was handed back to municipal court, where Rich pleaded guilty this past Wednesday to DWI. According to reports, the Belmar prosecutor in the case requested that the judge also dismiss the other charge of careless driving. This has enraged the victim’s family.

Any loss of life through an automobile accident is a tragic event, but the facts of this case make for a difficult defense, as well as prosecution. Being a New Jersey DWI Defense Attorney and former municipal prosecutor myself, I have been involved in cases that seemed clear cut on their face, but which had many grey areas.

June 4, 2009

New Jersey DWI Sobriety Checkpoint in Marlboro Scheduled for this Friday Night

by Jonathan F. Marshall

The Marlboro Police Department will be checking for drunk drivers this Friday night and into the early morning hours of Saturday, June 6. Working in cooperation with the New Jersey Division of Highway Traffic Safety, members of the Monmouth County DWI Task Force will be checking for drivers who may be under the influence of alcohol, marijuana or other drugs, along the southbound lanes of Route 9 in Marlboro.

Officers will be signaling to drivers to pull over into the local Lowe’s parking lot in Marlboro to check driver sobriety between the hours of 11 p.m. on Friday night and 3 a.m. on Saturday morning. This is according to Brielle Police Chief Michael W. Palmer, the task force coordinator.

This upcoming sobriety roadblock is one of many set up during the year to root out drunk drivers. These checkpoints are used by police across New Jersey to help decrease the number of alcohol-related auto accidents and deaths. Information on these roadblocks is not always readily available, but the law stipulates that impending sobriety checkpoints must be publically announced beforehand. The law also requires New Jersey’s state, county and municipal law enforcement departments only to establish checkpoints based on certain criteria, such as statistical data that indicates an area has a high incidence of DWI arrests.

May 27, 2009

Tougher New Jersey Drunk Driving Laws Pushed for by State Senate

by Jonathan F. Marshall

Repeat drunk driving offenders may face greater fines and jail time if New Jersey State Senate President Richard Codey gets his way. Intoxicated drivers accounted for nearly 30 percent of New Jersey’s fatal car crashes in 2007, according to State Police records, and this statistic is one of the driving forces behind the latest initiative.

Being a New Jersey DWI and DUI defense lawyer, I am familiar with the lack of teeth in some parts of DWI law. This bold legislation calls for increasing fines and extending or adding jail time for certain drunk driving offenses, all of which could go a long way toward reducing DWI-related traffic deaths and injuries. Hopefully, this will be a benefit to everyone traveling on New Jersey roadways and not result in added harassment of law abiding citizens.

Motivated by a recent DWI injury accident, Senate President Codey is mainly targeting motorists who repeatedly drive drunk, and has proposed mandatory jail time for some offenders. A package of several bills, scheduled to be introduced in June, would increase penalties for a variety of drunk driving offenses.

May 25, 2009

New Jersey Drivers Arrested for DWI, DUI by Middle Township Police

by Jonathan F. Marshall

May 23 was an eventful day for Middle Township Police, who stopped and arrested one driver for drunk driving and a second for drug DUI within the township limits. In the first instance, officers were alerted to a possible intoxicated driver operating his vehicle erratically on SH47.

Police found a 27-year-old man from Woodbine sitting in a silver Lexus, which was stopped on Goshen Road near SH47. Police had maneuvered behind the suspect’s vehicle when the driver, Daniel B. Carson, then attempted to leave and crashed into a second police cruiser arriving at the scene. The man was arrested on the spot for drunk driving, issued a total of nine summonses, and had his car impounded. Carson was later charged with lewdness at police headquarters and subsequently taken to Cape May County Jail in lieu of $1,500 bail.

As a New Jersey DWI and drug DUI defense attorney and former prosecutor, I know that the police have no tolerance for blatant DWI behavior. Running into a police car while in an allegedly intoxicated state is a clear sign that a defendant will have a difficult row to hoe in court. This is why it is imperative that you retain profession legal assistance to handle your drunk driving case. The other stop that day was somewhat worse, as it involved drugs, according to police reports.

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 21, 2009

Bergen County, NJ: DWI / Marijuana DUI Arrests

by Jonathan F. Marshall

Lyndhurst — A 52-year-old New Jersey man was arrested for driving under the influence of alcohol last week on Thursday evening when police found the allegedly intoxicated suspect in his car, which was parked and partially blocking the roadway on New York Avenue. In addition to drunk driving, he was charged with having an open alcohol container in his vehicle, as well as careless driving. Reports stated he was released to Hackensack University Medical Center.

Lyndhurst — Early on May 15, an out-of-state man was arrested for DWI following a motor vehicle stop on Ridge Road. Police charged him with driving under the influence of alcohol after they noticed he was unable to keep his vehicle properly in his lane. The 41-year-old driver refused to submit to breath test. He was charged with not carrying a driver’s license and careless driving, then released on summonses to a responsible party.

North Arlington — Police reported a motor vehicle stop on May 8 at Ilford and Prospect avenues. Officers detected the odor of burnt marijuana and determined a 16-year-old male passenger from North Arlington and the 17-year-old male driver from Lyndhurst, had been smoking marijuana. The passenger and driver were both charged with being under the influence of marijuana. The driver was also charged with DWI and violating his provisional driver’s license for having four people in the car.

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.