Somerset County DWI Defense

November 28, 2012

North Plainfield, NJ, Driver Survives DWI Car Accident on Interstate, Arrested for Reckless Driving

While many people who are involved in automobile accidents may receive a modicum of sympathy from friend and relatives, if they caused the traffic accident, the police may not be as sympathetic. If other injuries were inflicted on the vehicle’s other passengers or people in other cars involved in the wreck, it’s reasonable to assume that any sympathetic capital will have been used up well in advance of a court hearing, depending on the circumstances.

As New Jersey drunken driving defense attorneys, I and my experienced staff of DWI lawyers know that mixing an injury accident with a charge of driving while intoxicated (or, for that matter, drug DUI) can complicate a drunk driving defense. Here in the Garden State, law enforcement and our court system are very aware of the consequences that drinking and driving can have on traffic safety. Flouting the law and actively operating a motor vehicle while under the influence of beer, wine or hard liquor can only serve to make a defense case more difficult.

Keeping in mind, of course, that any charge of DWI or DUI lodged against a motorist who may have been the cause of an injury-related DWI roadway collision should be followed by at least one consultation with a qualified legal expert, if only to understand one’s options going forward. We have heard too many stories of individuals who believed that they were in the right and therefore handling their own defense was hardly a concern. As a former municipal prosecutor, I understand the many and varied strategies followed by prosecuting attorneys around the state, which can help contribute to a good defense.
Continue reading

November 21, 2012

Somerset County, NJ, DWI News: Out-of-State Driver Charged Following Drunk Driving Injury Accident

by Jonathan F. Marshall

On too many occasions, individuals accused of drunken driving walk into a courtroom with no representation and very little preparation, apparently ready to accept the court’s judgment on something that could haunt them for years to come. Here in the Garden State, it is always a good idea to seek counsel from an experienced legal professional regarding a DWI or drug DUI summons. If winning one’s case was not enough impetus for some, perhaps avoiding hundreds and likely thousands of dollars in fines, fees, assessment and other costs related to a drunk driving conviction should help influence many people’s decision.

At the very least, even if someone is not disposed to retaining the services of a qualified attorney, there is much one can learn from an initial consultation, which in the end may point an individual in the right direction. We know this from our professional experience as New Jersey DWI-DUI defense lawyers. As a former municipal prosecutor myself, I understand the strategies used by prosecuting attorneys that are tailored to attain a guilty plea or gain a guilty judgment against a defendant in a DWI case.

Although receiving a summons for drunk driving following a routine traffic stop should never be taken lightly by drivers in the Garden State, there are worse alcohol-related scenarios that can result in much worse outcomes for one accused of DWI. More to the point, being concerned about an arrest that takes place at a typical sobriety checkpoint is natural; however, consider how much more serious one’s position should an arrest follow the aftermath of an injury-related traffic accident that may have been alcohol-related.
Continue reading

June 9, 2012

DWI Incidents in Somerset and Middlesex Counties Illustrate Potential Consequences of Drinking and Driving in New Jersey

by Jonathan F. Marshall

An Ocean County man was arrested after an alleged DWI car crash in Montgomery Twp., NJ. According to one news report, a resident of Brick, NJ, apparently lost control of his car along a stretch of Cherry Valley Rd., which left the roadway and crashed in what police described as a rollover accident. The driver was reportedly headed west along Cherry Valley a little after noon on a Tuesday when the incident occurred.

As New Jersey DWI defense attorneys, I and my staff know that there is no better way to call attention to oneself than to cause or be involved in an automobile accident. If one or more of the motorists involved in the wreck are found to be drunk at the time of the accident, there is a good chance that a drunken driving summons will be issued. Aside from the monetary penalties associated with a DWI or drug DUI conviction, social stigma, loss of friends and business associate and even a foreshortened career are all possible scenarios.

Brick Driver Hurt in Alcohol-related Single-car Rollover Crash
Based on news reports, the accident in Montgomery Twp. involved a 1998 Subaru Forrester. The driver, 56-year-old Michael Kubas, received several non-critical injuries after the vehicle struck several trees and then wound up on upside down off to the side of the road. Montgomery and Princeton Township EMS and first responders treated the man and then transported him to Helene Fuld Medical Center.
Continue reading

November 23, 2011

Monmouth County DWI Update: Thanksgiving Holiday Sees Rise in Drunken Driving Arrests for New Jersey Motorists

by Jonathan F. Marshall

While the warm weather months are definitely behind us, New Jersey State Police and local law enforcement agencies note that parties and friendly get-togethers during the holidays also bring out the drinker in many drivers. As nearly anyone who drives in the Garden State understands, drunken driving enforcement never really lets up, especially during the peak holiday season.

As DWI defense lawyers serving residents of Bergen, Middlesex, Atlantic and other counties across the state, we are well versed in the tactics and strategies used by state and municipal police officers to secure the arrest of suspected drunk drivers. In fact, anyone who knowingly operates a motor vehicle while under the influence of alcohol or, for that matter, prescription medication, should realize that the odds of being arrested for DWI or drug DUI can be quite high.

If a police officer witnesses a traffic violation, he or she will usually make a routine traffic stop based on that initial offense, minor as it may seem to the average driver. Once stopped, a motorist will be closely observed for signs of impairment, usually due to consumption of beer, wine or hard liquor. If the patrolman has a reasonable suspicion that the driver of a car, truck or motorcycle is inebriated an arrest is more or less forthcoming.
Continue reading

September 6, 2011

Garden State Counties Join in New Jersey Law Enforcement Drunk Driving Crackdown

by Jonathan F. Marshall

For many New Jersey residents, rather than enjoy this past Labor Day weekend they likely spent most of their time cleaning up from the effects of tropical storm Irene. Still, in areas less affected, surely some Garden State drivers saw some increased drunken driving enforcement activities by state and local police. As part of the national “Over the Limit, Under Arrest” campaign, it’s a fair bet that dozens of motorists had encounters with law enforcement officers during what has become an annual anti-DWI effort.

Of course, it’s hardly a good idea to operate a motor vehicle while under the influence of beer, wine or hard liquor, as well as illicit drugs such as marijuana and cocaine. But during the last two weeks, drivers who did take their chances by drinking and driving may have met with a DWI or drug DUI arrest or summons to appear in court.

This effort took place in nearly every county across New Jersey, including Bergen, Hudson, Union, Monmouth and Ocean, just to name a few. As a drunken driving defense lawyer and former municipal prosecutor myself, I understand how some individuals can be pickup up for driving while intoxicated, though perhaps be unaware that they were legally impaired at the time of their arrest.

Whether stopped by a rolling DWI patrol for an apparent minor traffic offense, or being waved into a sobriety checkpoint (also known as a DWI roadblock for observation by a police officer looking for drunken drivers, the resulting charges of drunken driving or impairment due to prescription medication or an illegal drug (also known as a controlled dangerous substance or CDS) can be costly in terms of fines and penalties, as well as the impact on an individual’s personal and business relationships or standing in the community.
Continue reading

August 31, 2011

New Jersey Woman Charged with DWI following Somerset County, NJ, Injury Accident

by Jonathan F. Marshall

Being arrested for drunken driving in New Jersey is one thing, but being charged with driving while intoxicated following a traffic accident that one may or may not have caused brings a whole new dimension to a DWI arrest. As New Jersey drunken driving defense attorneys I and my staff of experienced DWI lawyers have seen enough cases of driving while intoxicated to know that driver’s charged with an injury accident involving alcohol is a serious matter.

And the same goes for operating a motor vehicle while impaired by prescription medication (drug DUI) or illegal drugs, such as cocaine or marijuana, also known as controlled dangerous substances (CDS). While fines and other DWI penalties for those individuals convicted of driving under the influence of alcohol or drugs are already stiff, attaching an injury accident to the incident could make things much worse.

It makes little difference whether you live in Bergen, Ocean Atlantic or Passaic County, local law enforcement and the New Jersey legal system have little tolerance for driver who get behind the wheel of a car, truck or motorcycle after having something to drink. In fact, enforcement campaigns such as the “Over the Limit, Under Arrest” drunk driving effort usually put even more sobriety checkpoints and DWI patrols on the road looking for drunk drivers all across the Garden State.

A while back, the driver of a Dodge pickup truck was arrested by police for drunken driving after the vehicle was involved in horrendous accident along a stretch of East Mountain Rd. in Hillsborough, NJ. The crash happened on a Sunday in the late afternoon as the vehicle was approaching the intersection of Mountain View Rd.
Continue reading

August 14, 2011

Former “Melrose Place” Star Locane Tried in 2010 DWI-related Fatality in Montgomery County

by Jonathan F. Marshall

According to news reports, witnesses in the fatal DWI traffic accident case against former “Melrose Place” actress Amy Locane stated that the TV star was found allegedly “giggling in a ditch” following the fatal 2010 drunken driving wreck that killed the driver and occupant of a second vehicle in June last year. Witnesses, including the police officer assigned to monitor the former star, stated that the woman was happy and laughing post-crash.

Whether one lives in Somerset County where this accident happened, or Ocean, Middlesex or Bergen counties, as a New Jersey DWI defense lawyer I can tell you a drunken driving charge is severely complicated when an motor vehicle accident is also involved, much less a fatal traffic wreck. Based on news reports, the judge in the case could be allowed to give their testimony against the defendant.

These witnesses reportedly heard statements made by Locane prior to the woman’s arrest on June 27, 2010, after her Chevrolet Tahoe smashed into a second vehicle carrying a man and his wife; 60-year-old Helen Seeman, a resident of Hopewell Township died as a result of the collision. Initially prosecutors challenged the Locane defense team’s request to call a police detective and another driver allegedly hit by the defendant prior to the accident, stating that those individuals should not be allowed to testify as witnesses because they were not present at Locane’s arrest.

One of those potential witnesses for the defense was the driver of a Honda Odyssey which was allegedly hit by Locane’s vehicle earlier that evening. Following the suspect, Maureen Ruckelshaus, apparently had an interaction with Locane earlier that evening before the fatal drunken driving accident that killed Seeman. Defense lawyers believe that Ruckelshaus could provide testimony that might offer the court a window into Locane’s state of mind and demeanor on that day.
Continue reading

June 16, 2011

NJ State Police Institute Tighter Standards Regarding Troopers Arrested for DWI

by Jonathan F. Marshall

In the wake of controversy revolving around State Police Trooper Sheila McKaig’s alleged drinking and driving incidents over the years, the New Jersey State Police have implemented new standards aimed at curbing potential abuses of power that some have said police officers occasionally commit when they are stopped for offenses such as DWI.

In McKaig’s case, numerous news reports indicate that she was never ticketed even though the officer was stopped multiple times for driving while intoxicated over the course of three months back in 2008. In this particular situation, the judge in the case did not recommend firing the trooper outright on the grounds that that McKaig did seek counseling and has been considered a model for other police officers.

Back to the NJ State Police and its newly instituted policies for officers caught driving under the influence according to reports, the agency has reportedly launched a review of the use by troopers of so-called “undercover identification cards.” Along with this, orders from up the chain of command within the State Police reportedly increase the accountability on the part of higher-ranked officers and requires more careful review of traffic stops (including car accidents) that may have been related to alcohol consumption.

As a New Jersey drunken driving defense lawyer, I and my staff, understand that the police have a tough job of maintaining the peace and bringing alleged perpetrators to justice. However, when the rules cease to apply to the vary people entrusted with the public’s safety this is when our tolerance as individuals and a society begins to be tested.

According to news reports, policy changes at the State Police will place responsibility squarely on the shoulders of regional commanders when a trooper is suspected of operating a motor vehicle under the influence of alcohol. In fact, based on information provided by local news sources, higher-ranking officers may even be required to respond themselves to the scene of a possibly alcohol-related traffic incident involving another law enforcement officer.
Continue reading

May 9, 2011

Union Township Drunken Driving News: Prosecutors Upgrade Charges to Vehicular Homicide following Warren DWI Accident

by Jonathan F. Marshall

Multiple drunk driving arrests, not to mention numerous DWI convictions can prove to be quite damaging to one’s driving record, much less an individual’s personal relationships, business career and standing in the community. Here in Monmouth County, just like in Ocean, Sussex and Bergen Counties, a driver who causes an accident while under the influence of alcohol faces a difficult uphill battle in the state’s legal system.

As a New Jersey drunk driving defense lawyer, I understand how a traffic accident complicates a driver’s DWI or drug DUI defense case. In situations where a death is also involved, the courts have little empathy for a defendant who is found to have gotten behind the wheel of his or her automobile in an impaired or drunken state.

A DWI-related traffic fatality is a much more serious issue than is a simple case of being stopped for a minor traffic violation. To say the least, a person in such a situation should definitely consult with a qualified legal professional. A circumstance that might call for an experienced DWI attorney was recently reported in the news.

According to reports, charges of driving under the influence levied against a Union Township resident were escalated to that of vehicular homicide in the case of a fatal accident along Interstate 78 last year in Somerset County. Based on news reports, a five-month police investigation resulted in serious charges being pressed against 38-year-old Amie Marroccelli in connection with a deadly car crash in Warren, NJ, last October 10.

Based on police reports at the time, Marroccelli was driving a BMW east along a stretch of I-78 just before 8pm when the woman’s vehicle hit the driver’s side door of a Subaru being operated by 22-year-old Steven Wall, who was also headed east. The impact between the two vehicles caused Wall’s vehicle to spin then leave the roadway and, sliding down an embankment, striking a tree. Wall eventually died from injuries he sustained in the crash that evening.
Continue reading

April 28, 2011

Monmouth County DWI Defense: Things to Consider Following a Drunk Driving Arrest in New Jersey

by Jonathan F. Marshall

Whether you live or work in Ocean, Sussex, Bergen or Union County, it’s likely that nobody expects to be pulled over by police and arrested on charges of driving under the influence of alcohol. Here in Monmouth County, as in the rest of the Garden State, I and my staff of experienced DWI defense attorneys fully understand the anxiety and trepidation that follows a drunken driving or drug DUI police stop.

For first-time drunk driving arrestees, and even those picked up for driving under the influence of prescription medication or illicit drugs such as marijuana, the experience can be a shock. But more than that, not taking action and leaving one’s fate in the hands of the court is something that no one should allow to happen, if they can help it.

Of course, second and third-time offenders have a different set of circumstances to deal with, but in general, we always recommend that motorists consult with a qualified DWI lawyer. The reason is simple: being cited for impaired driving — whether allegedly due consumption of beer, wine or hard liquor; prescription pain medication or a controlled dangerous substance (CDS) — is nothing to be taken lightly.

Careers, marriages, and reputations have been ruined by drunken driving and DUI convictions. Of course, being arrested for driving while intoxicated can happen night or day. It usually, but not always, happens with a seemingly routine police stop for a supposedly minor traffic infraction — something as insignificant as a faulty taillamp. Other times it can come at the location of a drunk driving roadblock (also known as a sobriety checkpoint).

Regardless of the circumstances, once charged with a DWI one should as a matter of course contact a DWI-DUI defense attorney. My office has handled enough DWI cases and spoken with so many people charged with DWI or DUI that we know it’s not a wise idea to represent yourself in front of the court. Not only can the process of fighting a DWI arrest be confusing to the first-time defendant, there is no way that a layperson can come fully prepared to face the court – at least, not like one can with a qualified DWI defense lawyer at one’s side.
Continue reading