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May 3, 2011

Monmouth County Drunk Driving News: Court Revisits Reliability Issues with Alcotest Breath Test Device

Earlier this year the courts were faced with a potential problem affecting the reliability of the Alcotest device, which is used extensively throughout New Jersey to measure the blood-alcohol content (BAC) of suspects arrested for alleged drunken driving. As many people know, breathalyzer machines provide one of the main pieces of evidence that a motorist was operating his or her vehicle under the influence of alcohol.

Although not used in all drunk driving cases, the use of these breath test devices make up a significant percentage of DWI convictions in Bergen, Middlesex, Ocean and Morris County.

As New Jersey drunk driving defense lawyers, I and my colleagues possess an extensive understanding of the Alcotest machine, its maintenance and operation. Certainly to have these devices under close examination raises many questions about those DWI convictions on which possibly faulty BAC measurements were based, in whole or in part.

According to news articles, some facets of the Alcotest machine’s reliability were ordered to be re-examined by a Monmouth County court within two months from a state appeals court decision at the beginning of April. It was not unexpected that any ruling requiring further investigation into the quality of the device’s measurement capability would likely cause a delay in the prosecution of DWI-related cases where the defense presented a challenge to the proper calibration of these machines — specifically the quality of a temperature probe used to maintain proper operation of the Alcotest model 7110 MKIII-C.
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April 30, 2011

New Jersey Legal Defense News: Bridgeton and Holmdel Police Report DWI, DUI, Marijuana possession Arrests

by Jonathan F. Marshall

As New Jersey drunken driving defense attorneys my firm understands how dozens of drivers every week end up being arrested for driving under the influence of alcohol, controlled dangerous substances (CDS), and even prescription medications (drug DUI). It makes little difference where you live, be it Bergen, Morris, Atlantic or Middlesex County, the police are constantly on the lookout for potentially drunken drivers.

Over the years, driving while intoxicated (DWI) has become a serious offense in the Garden State, not to mention all across the U.S. Law enforcement agencies and the court system takes a dim view of motorists who get behind the wheel of a motor vehicle while under the influence of beer, wine and hard liquor. Of course, the state’s strict enforcement of and penalties for drunken driving does not alter the fact that anyone arrested and charged with a DWI or DUI is considered innocent until proven guilty.

As a former municipal prosecutor, I am well aware of the procedures and strategies used by the state to gain a drunk driving conviction. The following news items are a sampling of typical DWI and DUI arrests that can lead up to possible convictions for impaired driving and breath test refusal, among others.

Bridgeton
In a possible case of marijuana possession in a motor vehicle, a 26-year-old local resident was allegedly sitting in a vehicle in front of his home when police officers approached the car. According to police reports, the suspect then got out of the vehicle, at which time the patrolmen observed a bag of what they suspected was marijuana hanging from his pocket. After searching the man’s person, officers found additional marijuana on the suspect totally just over 30 grams. The man was arrested and charged him with possession of less than 50 grams of marijuana and possession of drug paraphernalia. He was placed in Cumberland County Jail in lieu of bail.

In another incident, a 41-year-old Bridgeton woman was involved in a traffic accident near the intersection of Burlington Ave. and E. Commerce St. According to police reports, the woman apparently left the scene of the crash on foot, but was apprehended a short while later. Officers apparently detected evidence of alcohol on the suspect’s person and she was arrested and charged with DWI. No injuries occurred as a result of the crash and the woman was released on her own recognizance.
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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.
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April 24, 2011

Boating Under the Influence in New Jersey Not Unlike Driving While Intoxicated on the Road

by Jonathan F. Marshall

With summer not far away, it’s not too soon to mention that boaters, like motorists on land, need to watch their alcohol consumption if they plan to be piloting their watercraft this year. While it may be fin to hear the strains of, “What do you do with a drunken sailor?” New Jersey’s law enforcement agencies are just as strict about boating under the influence (BUI) as they are driving while intoxicated (DWI).

What many people don’t always understand is that the same standards governing drinking and driving for landlubbers applies as much to captains of watercraft. As New Jersey drunk driving defense lawyers, we know the law. No matter if you’re on an inland lake or running just offshore along Atlantic, Ocean or Cape May County, as the pilot of your boat if you’ve been drinking you could be charged with DWI.

Just as a driver of an automobile, a boater whose blood-alcohol content (BAC) is over 0.08 percent, you can be arrested. And the same applies to drug DUI and breath test refusal. The reasons for this are simple; the statutes governing drunk driving on land are nearly the same as those for operating a boat when inebriated. DWI penalties for drunken boating are also quite similar.

April 21, 2011

Morris County Police Arrest New Jersey Drivers for Drunken Driving and Marijuana Possession

by Jonathan F. Marshall

As the weather becomes increasingly more pleasant here in the Garden State, the promise of warm spring days and summer evenings will bring about the inevitable house parties and family get-togethers. Part and parcel with these occasions is the always plentiful selection of beer, wine and hard liquor. While most people temper their drinking with the understanding that a drunken driving arrest and possible conviction is not desirable, it may not always be obvious that a driver has had more than his or her legal amount of alcohol before heading home from a party.

In such cases, being pulled over by a police officer for a seemingly minor traffic offense could wind up in a full-blown DWI arrest. While I am always quick to warn family and friends to drink responsibly — and of course use a designated driver whenever the need arises — as a New Jersey drunk driving defense lawyer, I also understand the ways in which a motorist could end up being issued a summons for driving under the influence of alcohol, or even prescription drugs (drug DWI).

In my line of work, I can also say that a conviction for driving under the influence of alcohol can significantly impact an individual’s career, his personal life or even his standing in the community. The police in counties like Bergen, Ocean, Mercer and Union are constantly on the watch for potentially impaired drivers, and every week we read stories from local communities of police arresting intoxicated drivers.

The following are a few examples of typical news items that describe individuals stopped for traffic infractions and then arrested for DWI, prescription drug DUI, and possession of controlled dangerous substances (CDS), such as cocaine and other illicit drugs.

Morris County
A 21-year-old Dover resident was stopped by the police for drunk driving in the early morning hours along a stretch of Rte 24. The patrolman in charge arrested the man for drunken driving and was in the process of transporting the individual to police headquarters when he noticed a folder piece of white paper apparently on the subject’s person. After investigating the item, the officer determined that it contained an amount of marijuana. In addition to the DWI arrest, the man was also charged with possession of marijuana. He was released after processing and assigned a mandatory court date.
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April 18, 2011

DWI News: Bus Driver Arrested on New Jersey Turnpike; Fails Sobriety Test, Charged with Drunken Driving

by Jonathan F. Marshall

Speeding, weaving in and out of traffic, or running a stop sign are all ways that can get a driver killed, much less noticed by the police. While this kind of behavior can be interpreted in several different ways, law enforcement agencies tend to associate it with intoxication. In some cases they are right to do so. This is why a state trooper or local municipal patrolman will watch a potential drunken driving suspect for slurred speech, poor eye-hand coordination and other tell-tale signs of inebriation.

Here in Monmouth County, as in other areas across the Garden State, drunk driving is frowned upon by police and the courts. As New Jersey DWI defense attorneys, I and my colleagues are contacted frequently by people accused of driving under the influence of alcohol, prescription medication, and even controlled and dangerous substances (CDS) like cocaine and marijuana.

One thing all of us assume is that owners and operators of public and private transportation make certain that there drivers adhere to corporate rules and state and federal laws. Any commercial driver who is convicted of driving while intoxicated is likely to lose his or her job as a result, which would be a serious and life-changing event for someone in that field.

April 15, 2011

New Jersey Drunk Driving Defense News: Sussex County Woman Guilty in Fatal Drug DUI Accident

by Jonathan F. Marshall

It’s a fair bet that most people don’t wake up in the morning thinking, “I’m going to have a drunk driving accident.” But time and time again, residents of the Garden State do wake up and sometime later that day they get behind the wheel of an automobile in a possibly intoxicated state. Some will be stopped by police and be issued a summons for driving under the influence of alcohol. Others may be arrested for driving while impaired because they didn’t realize their prescription medication caused drowsiness and loss of concentration.

The point we make here, as New Jersey DWI defense lawyers, is that there are numerous ways in which a person can be cited for drunken driving. Whether you live in Essex, Bergen or Ocean County, a charge of driving while intoxicated or operating a motor vehicle under the influence of prescription or illicit drugs (drug DWI or DUI) can complicate a person’s life down the road. Being charged with DWI and vehicular homicide following a fatal drunk driving crash is certainly the most serious.

But deadly drunken driving collisions do occur, and they can happen to almost anyone. Not long ago, a woman from Sussex County, NJ, was found guilty in the drug-DUI related traffic death of a 16-year-old West Milford boy back in 2008. According to news reports, the 39-year-old defendant, Julie Michaels, was found guilty on several charges that came out of that fatal crash.

Following a two-month long trial, it took the jury a couple days of deliberations to arrive at a verdict for Michaels, who was found guilty of vehicular homicide, assault by auto and four less serious charges. The woman will have to wait until May 13 for sentencing. The jury believed that Michaels had caused the fatal accident that killed Dylan Vecchiarelli, a passenger in the vehicle Michaels struck on March 3, 2008.

Based on court records, the defendant had crossed the centerline along a stretch of Rte 23 in Hardyston, her Jeep then hit head-on a Mitsubishi sedan driven by Danilo Diaz. Diaz survived the crash, but Vecchiarelli received numerous internal injuries and died at Morristown Memorial Hospital about a month later.
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April 12, 2011

NJ Drunken Driving Arrest? Here’s Why You Might Need a New Jersey DWI Defense Lawyer

by Jonathan F. Marshall

Have you or a family member been arrested for drunk driving here in Monmouth County, or anywhere else in the Garden State? Whether you live in Union, Atlantic or Morris County, you may be asking yourself, “Why should I even consider hiring a drunk driving defense attorney? And, is it really worth it now that I’ve been charged with DWI?”

Maybe you were stopped for a minor traffic infraction and the officer ended up arresting you for driving while intoxicated. Perhaps you received a summons at a local drunk driving roadblock after having performed a number of field sobriety tests. Or maybe you got a ticket for being intoxicated while sitting in your parked car.

Whatever the situation, you should ask yourself some important questions. For instance, were you actually drunk? Maybe yes, maybe no. Was being charged with drunken driving actually warranted under the circumstances? Perhaps yes, or then again, maybe not. As with most other aspects of the law, not all drunken driving cases are completely open and shut.

As New Jersey DWI defense attorneys, I and my colleagues have counseled numerous clients who felt that they were unjustly accused. Although some may have broken the law, these individuals also understood the consequences and potential penalties associated with a DWI conviction. Wanting to improve the outcome of one’s DWI case is not so unusual.

We don’t worry so much about the people who seek us out, but we do share a concern for those motorists who choose not to speak with a qualified drunken driving defense lawyer. Some individuals believe that they deserved to be pulled over, or because the police have “positive” proof — via a breathalyzer or Alcotest machine — that it would be senseless to try and fight the charges. But this kind of thinking is just wrong. Everyone who is accused of breaking the law deserves to have their case heard in a court of law.

One of the main things that causes individuals to believe the state has solid evidence against them is embodied in the blood-alcohol content (BAC) breath or blood test results. But even with this kind of evidence in the hands of a prosecuting attorney, you need to be aware that “blowing” more than 0.08 percent BAC does not automatically mean you will be convicted for DWI. Never assume that because the breathalyzer registered a high BAC that you’re out of luck.
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April 9, 2011

Elmwood Park Police Arrest 9 Motorists; Charge 70 Others with DWI at Bergen County Sobriety Checkpoint

by Jonathan F. Marshall

Do drunk driving roadblocks enhance traffic safety and save lives? This is a question that people have been asking for many years. Here in the Garden State, criticism of sobriety checkpoints runs the gamut; from those who believe DWI and DUI roadblocks are highly effective in keeping intoxicated drivers off public roads to those who feel drunken driving checkpoints are a waste of taxpayer money and should be eliminated.

From our standpoint as New Jersey DWI defense attorneys, we can see both sides of the argument. But one thing is certain, drivers in Monmouth, Ocean and Sussex County continue to be arrested and ticketed for driving under the influence of alcohol, prescription medication and illicit drugs, such as marijuana and cocaine. Over in Bergen County the Elmwood Park police reported nine arrests during a recent DWI checkpoint; officers also issued 70 other individuals summonses for various other traffic offenses.

According to news reports, the mid-March drunk driving roadblock set up by local authorities ran from 11:30pm on a Friday night until 3:30am the next morning. The location of the checkpoint was along a stretch of westbound Rte46. Eight of those arrested were charged with driving under the influence; the remaining arrestee was charged with possession of a controlled dangerous substance (CDS).

April 6, 2011

NJ Supreme Court Says No to Using Breathlyzer Refusal Convictions as Proof of Prior Drunken Driving

by Jonathan F. Marshall

A 2009 appellate decision that looked to be a potential problem for individuals convicted of breath test refusal in New Jersey was reversed by the NJ Supreme Court earlier this year. Depending on the circumstances, a motorist who is pulled over for a traffic infraction can end up being cited for driving under the influence of alcohol. But, as many people already know, being arrested for drunken driving can also include a charge of breath test refusal if the motorist declines to provide a breath sample.

If the arresting officer suspects that the driver is drunk due to beer, wine or hard liquor consumption, he may request that the suspect take a breathalyzer test, also known as an Alcotest. As New Jersey DWI defense lawyers, I and my colleagues are certified in the maintenance and operation of the Alcotest device, which allows us to better argue the limitations of this machine and errors that can occur durin its use.

Should a driver refuse to take a breath test, or blood test, used by police to measure blood-alcohol content (BAC), the officer in charge is within his right to charge that person with breath test refusal. This has been a common course of action when a driver has chosen not to be tested. Until recently, the courts have not been allowed to treat refusal convictions as full-blown DWI convictions when considering a repeat driving while intoxicated offense. However the appellate case reviewed by the NJ Supreme Court had threatened to change all that.

According to court records, in the case of STATE v. CIANCAGLINI, the New Jersey Supreme Court unanimously rejected the appellate court ruling that would have turned previous breath-test refusals into proof of prior drunken driving. Had the Supreme Court not rejected that earlier ruling, it could have meant that hundreds, and maybe thousands of motorists who had previously been convicted of refusing to take a breathalyzer test in New Jersey would have found they had what amounted to the equivalent of a prior drunken driving conviction on their record.
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