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July 2, 2011

Police Charge Bergen County Driver in Drunken Driving Injury Accident

When it comes to driving under the influence of alcohol or prescription medication (drug DUI), the legal system in New Jersey can be very strict regarding sentencing for anyone convicted of DWI. Regardless of whether you live in Atlantic, Ocean, Middlesex or Union County, a drunken driving arrest is nothing to take lightly. Add to that a possible injury accident and most motorists should certainly consider talking to a qualified drunk driving defense lawyer.

As DWI attorneys serving drivers throughout the Garden State, I and my colleagues have vast experience in representing individuals charged with driving while intoxicated (DWI), drug DUI (including marijuana possession in a motor vehicle) and breath test refusal. One thing we would suggest to anyone who attends a summer picnic or evening pub gathering is not to drink and drive. Most certainly, do not end up causing a traffic accident if you are in any way inebriated.

Not long ago, a resident of Bergen County found himself on the wrong side of the law when he reportedly crashed his car, injuring himself and all three of his passengers. According to news articles the wreck happened early Sunday morning when 20-year-old Ryuichi Nakada — a resident of Bergenfield, NJ — apparently lost control of his 2007 Nissan along a stretch of Hackensack Ave.

Based on reports, the Altima sedan for reasons unknown at the time of the accident struck a concrete lane divider, then hit a utility pole overturned onto its roof and eventually ended up in a nearby restaurant parking lot. Eye witnesses to the crash told officers that the vehicle was going northbound when it hit the median barrier near the entrance to Route 4 west. Police believed that the driver was drunk at the time of the impact.
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June 30, 2011

Toms River Legal Defense News: Ocean County to Increase Drunken Driving Checkpoints to Curb Summer Accidents

by Jonathan F. Marshall

Now that summer is in full swing here in the Garden State, there are numerous occasions to celebrate; family gatherings, company outings, and after-work events in restaurants and bars throughout the state. Although the state police and local law enforcement agencies have been doing their part to curb the amount of drinking and driving on New Jersey roadways for years now, every week dozens of drivers are charged with DWI or impairment due to prescription medication (drug DUI).

As drunken driving defense lawyers representing people in Bergen, Monmouth, Passaic and Atlantic County, as well as the rest of the state, we understand fully the negative impact that a drunk driving conviction can have on a person’s career and personal life. It isn’t just the monetary hit that a driver takes following a sentence for first-time DWI or drug DUI. A driver’s insurance rates will automatically go up significantly and remain there for several years.

One of the places that drivers get arrested for drinking and driving is the all-too-common sobriety checkpoint. Also known as a DWI or drunken driving roadblock, these temporary checkpoints are erected by police in areas that typically have a high incidence of DWI or DUI arrested. This fact is the justification for state and local police to set up a roadblock in order to assess drivers’ sobriety one at a time.

According to news reports, New Jersey, along with other states across the country, will be participating in a continuation of what has become a summertime staple — the DWI checkpoint program. This ongoing program includes the operation thought our state of multiple checkpoint locations in various counties, such asOcean County. Sobriety roadblocks reportedly work by supplementing local police enforcement of drunken driving laws.
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June 28, 2011

New Jersey Drunk Driving Defense News: Union County DWI-DUI Police Blotter

by Jonathan F. Marshall

Anyone who travels the surface streets or interstate routes in New Jersey is bound to run into a state patrolman or local municipal police officer at least once in their driving career. For the average person, those who take a drink socially from time to time, there is a good chance that he or she might be pulled over for a minor traffic infraction and then possibly be charged with driving while intoxicated.

Whether one lives or works in Bergen, Middlesex or Ocean County, a DWI arrest and conviction can spell the end of a promising business career, lost friendships or a ruined marital relationship. Such is the stigma of a drunk driving or prescription drug DUI guilty verdict. As New Jersey drunken driving defense attorneys, I and my staff of experienced DWI lawyers understand how a routine traffic stop can snowball into a full-blown DWI-DUI arrest.

And, we will add, the typical scenario repeats itself over and over again across the state on a regular basis. Some individuals get stopped just down the road from a bar or pub, at which they may or may not have enjoyed a glass wine, bottle of beer or shot of whiskey. Other drivers may be surprised by one of the many sobriety checkpoints that pop up from time to time in areas where drunk driving is reportedly quite common, according to police statistics.

The following news items represent a cross-section of alcohol-, prescription medication- and even illegal drug-related DUI reports that come in from every corner of the Graden State. It’s not surprising that a percentage of individuals arrested for DWI are found not guilty by a court of law. Others, sad to say, may believe that their “number was up” and chose to accept their sentence or pled to a reduced charge, yet still end up with a DWI on their record and steep fines and penalties to pay.

According to recent police blotter reports, police departments in Union County arrested a number of people on suspicion of drunken driving, as follows:

Cranford
Patrolmen from the local police department stopped a vehicle driven by a 19-year-old Cranford resident on a stretch of Dunham Ave. for allegedly failing to stay to the right-hand side of the roadway. After approaching the vehicle, officers found evidence of heroin and drug paraphernalia. The man was arrested and taken into custody after which he was charged with possession with intent to distribute, and controlled dangerous substance (CDS) in a motor vehicle.
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June 25, 2011

Mercer County DWI News: Hunterdon County Driver Pleads Guilty to Fatal DWI Accident in Trenton

by Jonathan F. Marshall

While most people arrested and charged with driving while under the influence of beer, wine or hard liquor do little more than catch the eye of an observant police officer while operating their vehicle in a possible suspicious manner, other individuals charged with driving while intoxicated occasionally cause an accident. Of those drivers that do hit another vehicle while impaired by alcohol or prescription medication (drug DUI), some regrettably kill one or more people in the process.

As DWI defense attorneys here in New Jersey, we understand how a motorist can be accused of DWI following a routine traffic stop. Those that are convicted can expect relatively stiff fines and other penalties. But as bad as a DWI conviction can be, combining it with a fatal traffic collision is something nobody wants to experience.

Not long ago, a motorist from Lambertville admitted to driving while intoxicated when he caused a traffic accident that killed his passenger and injured two other people. As a result of a plea agreement, 25-year-old Jorge Orellana, a resident of Hunterdon County, NJ, was due to be sentenced to five years in jail in relation to the traffic crash that caused the death of 19-year-old Alonso Bautista in October 2010. Based on court records, Orellana will have to serve at least 85 percent of his sentence before he can even be eligible for parole.

June 22, 2011

New Jersey Motorist Charged with DWI after Hitting Police Chief’s Patrol Car

by Jonathan F. Marshall

The last time we mentioned unintended consequences. Well, there are unintended consequences for driving while intoxicated, either by alcohol, prescription meds, or illicit drugs such as marijuana or cocaine… and then the are unintended consequences of those original consequences, so to speak. One consequence that we would prefer not to see any person have to defend himself against is hitting a police vehicle while allegedly driving under the influence of alcohol.

As New Jersey DWI defense lawyers representing individuals from counties such as Monmouth, Ocean, Burlington and Passaic, we can say without much trepidation is don’t even think of assaulting a law enforcement officer with a vehicle, drunk or not. This is a serious offense that can complicate a drunken driving defense without a doubt.

Not surprisingly, this type of helpful advice is ignored by more than a few people every year here in the Garden State. Such was the case for an out-of-state driver last month when he crashed his SUV into an Elmwood Park, NJ, police vehicle being used by none other than the department’s chief of police.

According to news reports, the accident happened around 2:30am on May 15 as Police Chief Donald Ingrasselino and Lieutenant Frank Thorpe were heading to a DWI sobriety roadblock in Bergen County. Based on police reports, Chief Ingrasselino and Lt. Thorpe were traveling eastbound along Rte 46 toward the drunken driving checkpoint being operated that morning at Midland Avenue when their Dodge Durango was struck.
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June 19, 2011

Pennington Motorist Gets 3 Years for Injuring Motorcyclist in DWI-related Hit-and-Run Crash

by Jonathan F. Marshall

When it comes to defending motorists against charges of drinking and driving the subject of unintended consequences comes up from time to time. While no one who takes a drink at a restaurant, bar or family gathering expects to be stopped by the police when driving home, it is a distinct possibility. The same goes for those people who fail to realize the effects of certain prescription medications, which may cause drowsiness or reduced ability to control a motor vehicle on public roads.

As a New Jersey drunk driving attorney, I and my staff of experienced DWI defense lawyers understand how the seemingly minor act of having a drink with friends can precipitate a drunken driving arrest. (And for those who occasionally take a puff of weed or cannabis, these same holds true.) Regardless of whether you live or work in Middlesex, Hudson, Somerset or Union County, be aware that here in the Garden State the police and our courts maintain a dim view of driving while intoxicated, either by alcohol or prescribed medicines (drug DUI).

Touching on the topic of unintended consequences, we can only say a motorist who is involved in a DWI- or DUI-related traffic accident does not do themselves any favors by leaving the scene of the accident. Statistics will surely bear this out, but many hit-and-run drivers are eventually caught by police, which can only compound the original incident. This was apparently the case of a Pennington resident who was recently sentenced to three years in jail for a 2009 accident in Mercer County that put a motorcycle in the hospital with serious injuries.

According to news reports, 24-year-old Craig Brauer accepted a plea arrangement with the Mercer County prosecutor’s office. The deal reportedly included a guilty plea to 3rd degree aggravated assault by auto in exchange for a straight 4-year jail sentence. Originally charged with 2nd degree aggravated assault by auto and leaving the scene of an accident, Brauer could have gone away for up to 10 years.
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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.
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June 14, 2011

Monmouth County Drunk Driving Police Blotter: Holmdel and Middletown DWI, DUI and Marijuana Arrests

by Jonathan F. Marshall

Every day in the Garden State, local and state police stop drivers for a variety of traffic violations. Some of these individuals are suspected of drunken driving, arrested and charged with DWI, drug DUI, or possession of marijuana in a motor vehicle. As New Jersey drunk driving defense lawyers, our job is to represent people who feel they have been unjustly accused of driving under the influence of alcohol or prescription medication (drug DUI).

Many DWI or DUI arrests start out as a simple traffic stop conducted by a municipal patrolman or state trooper. Whether the incident occurs in Bergen, Ocean, Sussex or Atlantic County, the scenarios can be quite similar, although the particular details — such as field sobriety test results, breathalyzer (or Alcotest) readings, or failure to submit to a breath or blood test — vary between cases.

The following is a brief list from police blotters illustrating the kinds of drunken driving arrests that can happen from one day to the next. Not every person is guilty, but it is always advisable to consult with a qualified DWI defense attorney to understand your particular circumstances.

Middletown Township
A local police officer working an early morning traffic patrol responded to a report of a car crash along a stretch of Belmont Ave. where a motor vehicle had apparently hit a fence and subsequently left the scene of the accident. After a brief investigation, the officer cruised around the local streets looking for the suspect vehicle, which he allegedly found parked in from of a local residence. The 19-year-old owner of the vehicle was arrested and charged with DWI, reckless driving, failure to report an accident and open alcohol in a motor vehicle. The woman was processed and then released pending a court appearance.

During the early morning hours, Middletown Twp. Police officers responded to a report of an individual slumped over the steering wheel of a parked car. Arriving on the scene, the officers found a 41-year-old Hazlet, NJ, man in the driver’s seat. Police reports indicate that the suspect had a strong odor of alcohol on his breath. The driver was subsequently arrested and charged with DWI, refusal to submit to a breathalyzer, driving under a suspended license and reckless driving. The man was processed and later released pending a mandatory court appearance.
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June 12, 2011

NJ Legal Defense Update: Summer is the Time for Underage Drinking, Driving and DWI Arrests

by Jonathan F. Marshall

With summer upon us and the school year all but over, youngsters from junior high and high schools all across the Garden State will be hitting the beaches, the malls and local meeting spots to kick off their summer vacation in a big way. Unfortunately, some of what young people do during their vacation is experiment with alcohol.

While many will argue that teenage drinking is part of the growing up, the state of New Jersey has strict rules against underage drinking, and even possession of alcoholic beverages by minors. As New Jersey drunken driving defense lawyers, I and my staff of experienced DWI attorneys know well the circumstances that can lead to a DWI arrest. Similarly, we also know how damaging an underage drinking or drunk driving conviction can be to an individual just starting out on his or her life’s journey.

Right of passage or not, New Jersey law does not recognize a minor’s right to drink, either in public or at home. Any adults who knowingly allow youngsters to engage in such activities is also opening themselves up to their own legal problems. It’s always advisable to follow the law and avoid a serious alcohol-related arrest and conviction down the road.

Many organizations around the state and throughout the nation believe that underage drinking represents an significant public health issue. Whether one agrees with this statement, it has been fairly well documented that alcohol — such as beer and wine — is the drug of choice among children and adolescents. This may not be too surprising due to the relative ease of access that kids have to household stock of alcoholic beverages.

Some parents and legal guardians believe that it is safer for young teens to drink at home, if they are going to drink anywhere, so those adults sometimes actively participate in a child’s drinking and hence breaking the law. In fact, under the state’s social host liability laws, any adult who chooses to supply beer, wine, hard liquor or another kind alcoholic beverage to a young person under 21 years of age can be held accountable if any of the underage individuals are killed or injured as a result. And then there are the potential liability suits.
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June 9, 2011

Bergen County, NJ, Drunk Driving Defense News: Apple to Remove Apps that Locate DWI Roadblocks

by Jonathan F. Marshall

Apparently Apple has joined Research in Motion in dumping software applications that allegedly notify drivers of the times and locations of sobriety checkpoints and drunken driving roadblocks. For anyone who doesn’t know, DWI checkpoints are set up by state and local police in areas that have a historically high incidence of drunk driving.

Motorists in Bergen, Monmouth, Ocean and Sussex County have no doubt seen these police enforcement techniques used throughout the years. And although these roadblocks are fairly random in nature, law enforcement agencies are required by law to announce future checkpoints to the public.

As a New Jersey DWI defense lawyer, I and my staff of experienced drunk driving attorneys understand the logic behind these sobriety roadblocks — that of catching motorists who may have had too much to drink and are legally intoxicated — however, we also know that many drivers do not even realize that their blood-alcohol content (BAC) is over the legal limit when they are stopped by police.