Uncategorized

August 28, 2011

Essex County Police News: Glen Ridge Drunk Driving Enforcement Nets Half 2010’s DWI-DUI Arrests

It goes without saying that the annual anti-drunk driving campaigns, here in the Garden State as well as nationwide, are funded in part by the government in hopes that some alcohol-related traffic deaths and injuries might be avoided. Of course, there is always a question of how effective these efforts are and whether they result in catching those truly responsible for driving under the influence of alcohol, prescription medications, or illicit drugs.

As New Jersey DWI defense attorneys, I and my staff of qualified drunken driving lawyers meet numerous individuals every month, many of whom have been accused of driving while intoxicated. A percentage of these drivers have likely been charged by police with DWI on shaky grounds, while others may legitimately believe that they were actually sober at the time of their arrest.

A fair number of DWI and drug DUI arrests occur during the annual “Over the Limit, Under Arrest” drunk driving enforcement effort. In order to get a sufficient number of drunk driving patrols on the street and to have enough officers to man the various sobriety checkpoints that tend to pop up all over the state during these campaigns, local police agencies receive funding in order to offset the added costs of manpower and equipment.

Whether you live in Hudson, Sussex, Monmouth or Passaic County, as a motorist you have no doubt seen or been aware of the increased police presence on highways and surface streets throughout the state during these enhanced enforcement efforts. According to news reports, towns like Glen Ridge, NJ, participated in the recent “Click It or Ticket” seatbelt enforcement campaign.
Continue reading

August 25, 2011

NJ Assemblyman Sponsors Legislation to Stop Convicted DWI Offenders from Suing Restaurants for Their Injuries

by Jonathan F. Marshall

Not long ago the New Jersey Supreme Court ruled to allow individuals convicted of

August 22, 2011

NJ Drunken Driving News: Monmouth County Man Arrested following Fatal DWI Boating Accident

by Jonathan F. Marshall

For anyone who thinks that having a can of beer, glass of wine or shot of whiskey while operating a watercraft in New Jersey waters is not the same as driving a passenger car after having a drink of alcohol, think again. New Jersey law enforcement agencies in Monmouth, Atlantic, Ocean and Bergen counties are serious when they say that boating under the influence (BUI) is just as serious as driving while intoxicated (DWI).

As New Jersey drunken driving defense lawyers, my firm offers consultation and representation to motorists and boaters who have been arrested for and charged with driving a car or piloting a boat while under the influence of alcohol. But it doesn’t end there; motorists and boaters alike have been charged with other related offenses, such as possession of marijuana or other controlled dangerous substance (CDS). Like DWI, a drug DUI charge can turn into a conviction, which can result in heavy penalties and even jail time, depending on the circumstances.

Not long ago, a New Jersey boater was arrested following an apparent fatal BUI incident in Middletown, NJ. According to news reports, 39-year-old George Harrington was arrested in connection with a boating accident that allegedly caused the death of his only passenger on Saturday, July 23. Based on police reports, Harrington was charged with drunk driving on a portion of the Navesink River after the watercraft he was piloting struck a second boat carrying five other individuals.
Continue reading

August 19, 2011

Monmouth County Police Blotter: Red Bank Police Tote Up Drunken Driving Arrests in July

by Jonathan F. Marshall

Here in the Garden State, drunken driving arrests are not uncommon, especially during the summer months when company picnics, family gatherings and friendly get-togethers are much more frequent. The point is, while being pulled over for driving under the influence may not be unusual during most of the year, getting a summons for DWI or breath test refusal this time of year can be downright predictable, at least to experienced drunk driving attorneys.

A range of alcohol- and drug-related arrests can be seen every week in the police blotter section of the news pages here in Monmouth County, as well as Ocean, Bergen and Middlesex counties. As professional drunken driving defense lawyers, I and my staff have seen our share of courtroom scenarios, from auto accidents allegedly caused by motorists accused of driving while intoxicated by beer, wine or hard liquor, to individuals arrested and charged with impaired driving related to prescription drug use (drug DUI).

And we are no strangers to defending drivers charged with DUIs allegedly caused by controlled dangerous substances (CDS) like marijuana. Whether the charge is DUI or simple possession of weed in a motor vehicle, anyone accused of these kinds of offenses should take very seriously the implications and potential penalties for a conviction on such charges.
Continue reading

August 16, 2011

Belleville, NJ, Police Report Zero DWI Arrests During “Click It” Campaign

by Jonathan F. Marshall

It would appear that Belleville Twp. has one of the lowest instances of drunk driving in all of the Garden State, at least during a recent traffic enforcement effort designed, among other things, to catch impaired drivers and have them arrested for and charged with DWI. Police officers from the geographically diminutive township recently participated in the “Click it, or Ticket” seatbelt enforcement campaign as one of 149 municipalities across the state to receive $4,000 to cover additional patrolmen during the two-week period from May 23 through June 5.

As part of this effort, Belleville police officers reportedly made no arrests of any drivers who may have been operating their vehicle while under the influence of beer, wine, hard liquor or controlled dangerous substances (CDS), such as cocaine and marijuana. Belleville patrolmen issued no drunken driving summonses during the effort. While this is in part amazing, considering the time of year, Belleville police did issue citations for a variety of other traffic offenses and civil infractions.

As a New Jersey DWI defense lawyer and former municipal prosecutor, I understand the techniques and strategies used by police officers and prosecuting attorneys to both arrest motorists who allegedly drive under the influence of alcohol or prescription medications (drug DUI), and also convict those individuals of intoxicated driving.
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

August 12, 2011

Sobriety Checkpoints and Increased Drunken Driving Patrols in Morris County, NJ

by Jonathan F. Marshall

Drivers traveling in the Rockaway Township area, and other municipalities around the Garden State, will likely be seeing more and more drunken driving patrols on New Jersey roadways in the coming weeks as the Labor Day holiday approaches. During times such as this, law enforcement agencies in Morris, Bergen, Monmouth and other counties across the state will be operating heightened anti-DWI patrols as part of the annual nationwide “Over the Limit, Under Arrest” drunk driving crackdown.

The enhanced enforcement period is apparently due to begin on next week on August 19 and run through Labor Day weekend, ending on September 5. During this period motorists can expect to see and perhaps be the subject of police sobriety checkpoints (also known as DWI roadblocks). The purpose of this type of roadside anti-drunken driving enforcement technique is to identify drivers who may be operating their cars while impaired by alcohol, prescription medications (drug DUI), and even illegal drugs, or controlled dangerous substances (CDS) like marijuana and cocaine.

In places like Rockaway Twp., local police officers participate in this statewide intoxicated driving enforcement program, which is funded by the federal government through grant monies. These additional outside funds allow police departments to operate drunk driving checkpoint during “high risk” periods, such as national holidays, as well as maintain roving patrols to target motorists who may be impaired due to alcohol use.

As drunk driving lawyers providing DWI defense for New Jersey residents, I and my colleagues have seen the effect of enhanced enforcement campaigns. Numerous drivers are picked up either on the road or at DWI roadblocks and charged with driving under the influence, breath test refusal and other related offenses.
Continue reading

August 8, 2011

NJ Legal Defense Update: Might Seatbelt Use Actually Help Drivers Avoid a DWI-DUI Arrest?

by Jonathan F. Marshall

There’s nothing conclusive, but recent news regarding safety belt usage in the Garden State might have some people wondering if increased belt usage is good for reducing drunken driving arrests as well. Of course, there likely very little direct correlation between wearing a seatbelt and being stopped by a police officer for any number of other, traffic-related violations, such as driving under the influence of alcohol or prescription drugs (drug DUI). Yet, with more people every year wearing safety belts, police may have less reason to pull drivers over for violating this primary offense law.

As New Jersey DWI defense attorneys, I and my staff of experienced DWI lawyers know that one of the ways an individual can be issued a summons for driving while intoxicated from beer, wine or hard liquor is violating any one of dozens of other traffic laws. From seemingly minor violations like a broken tail lamp lens, to more serious offences like running a stop sign or speeding, there are a multitude of reasons why a New Jersey State Police trooper or local municipal patrolman might stop a motorist on the highway. Once stopped, a driver who exhibits signs of inebriation could find himself on the receiving end of a drunken driving summons.

Whatever the cause of the initial traffic stop, a DWI or marijuana possession conviction could spell the end of a promising career or marital relationship. Recent news reports suggest that more people are wearing their safety belts when driving, which means fewer seatbelt-related violations and, by association, fewer traffic stops. It could also be that those individuals who choose to drive drunk, or even those who may not realize they had a bit too much to drink at that family reunion, are belting up as a matter of course and avoiding one of the reasons that police can use to pull a driver over.
Continue reading

August 5, 2011

Mercer County, NJ, Drunk Driving News: DWI and Drug Possession Arrests in East Windsor Twp.

by Jonathan F. Marshall

As drunken driving defense attorneys, I and my experienced staff of DWI lawyers understand the monetary and legal implications of a drunken driving or prescription drug DUI arrest faced by many motorists. Getting a ticket for driving under the influence is nothing to take lightly, even as a first-time DWI offender. Although it may not appear to be a serious issue, many people do not realize the potentially life-altering events that a drunk driving conviction can set in motion.

Of course, even a summons for driving while intoxicated or breath test refusal can impact a person’s personal life, job situation or standing in his or her local community. Add a conviction on top of an arrest, and this can translate into a significant event for almost anyone accused of operating a motor vehicle while impaired by alcohol, prescription drugs or other controlled dangerous substance, such as marijuana.

As a New Jersey drunken driving and drug DUI attorney, my firm defends individuals from all around the Garden State including Monmouth, Atlantic, Burlington and Hudson counties. And while the facts behind every DWI or drug DUI case are unique, the circumstances of the arrest can be similar. As well, the consequences and possible DWI penalties for a drunk driving conviction in New Jersey are usually very comparable based on the seriousness of the charges.

Below are a number of news items from around Mercer County, based on police blotter information from local news sources. These few items represent just a fraction of the arrests that take place every week in and around the state. Of these, police officers make dozens of arrests for variety of drunk driving and prescription medication DUI violations. The penalties for drivers found guilty of DWI or drug-impaired operation of a motor vehicle can be quite costly.
Continue reading

July 31, 2011

NJ Drunken Driving News: Could Boosting Fines for Stay-Right Traffic Law Increase DWI Arrests?

by Jonathan F. Marshall

It should come as no surprise that many drunk driving arrests arise from another, sometimes simple, traffic violation. Whether or not a driver is pulled over in Union, Passaic or Somerset County, a traffic stop can result from something as seemingly minor as a failure to signal a lane change. But once that motorist has been pulled over for a small traffic infraction, the officer in charge has the opportunity to examine the driver for signs of intoxication.

As New Jersey DWI-DUI defense attorneys, I and my staff of experienced drunk driving defense lawyers understand what goes into making a successful DWI conviction, or an acquittal. As a former municipal prosecuting attorney, I have worked the other side of the aisle, which gives me additional insight into the strategies and tactics that the state uses to attain a conviction.

Of course, the process all starts out on the street, typically after the aforementioned and, for the officer, routine traffic stop. While a percentage of DWI arrests stem from sobriety checkpoint encounters, most can be said to take place when a patrolman observes a violation in progress. One of the potential violations is not keeping to the right, except to pass.

While it is difficult to know how often State Police and local patrolmen see a vehicle not adhering to the stay-right law and don’t stop that car or truck, it’s a fair bet that where there’s money to be made (read: increased fines), there is potential for increased enforcement.
Continue reading