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December 21, 2010

New Jersey’s Sobriety Roadblocks Credited with Reducing Drunken Driving Arrests; DWI-related Accidents and Fatalities

The frequency of drunk driving in the Garden State has reportedly been dropping for years, according to statistics maintained by state law enforcement agencies. As a New Jersey DWI defense lawyer, I can also state that there are numerous motorists picked up for driving under the influence every week in Bergen, Union, Monmouth, Ocean, Atlantic and all other counties through our state.

Still the number of drivers arrested for driving while intoxicated has apparently dwindled over the past several decades. According to a recent article, during the holiday season back in 1985 police-operated sobriety checkpoints (also known as DWI roadblocks) frequently had to be shut down due to the shear numbers of drivers who were arrested for driving drunk. In short, law enforcement authorities were overwhelmed by the amount of drunk drivers they were taking into custody at these roadblocks.

Twenty-five years later, Middlesex County roadblocks being operated from early November through mid-December reported a total of just nine drivers arrested for DWI; this out of a total 1,900 cars stopped at checkpoints in North Brunswick and Plainsboro, NJ.

December 19, 2010

New Jersey Driver Gets 12 Years for Fatal Drunk Driving Accident

by Jonathan F. Marshall

A New Jersey woman was recently convicted for the 2007 DWI-related death of a South Brunswick college student. According to reports, 35-year-old Kimberly Green was sentenced in a Middlesex County courtroom to 12 years in prison for her part in the fatal drunken driving accident. Based on reports, the defendant received an eight-year sentence for the death of Kylie Pinheiro, plus another four years for the injuring of the victim’s cousin, Heather Pinheiro.

The court also sentenced Green to an additional four-year term for injuring another cousin of the victim, Melissa Pinheiro. That sentence is set to run concurrent with the other two. According to court records, Green will have to serve more than seven years before she can even hope to be eligible for parole.

As a New Jersey drunk driving defense attorney, I can say that adding a injury or fatal accident to a drunken driving arrest is very serious indeed. Drunk driving cases such as the one reported on here can land a driver in jail for many years, much less result in other penalties that can impact one’s future livelihood.

December 16, 2010

Monmouth County, NJ, Drunk Driving News: Multiple New Jersey DWI and Drug DUI Arrests

by Jonathan F. Marshall

Drunken driving arrests happen daily in New Jersey. As Monmouth, Atlantic andMiddlesex County DWI lawyers, I and my staff have the skills and experience to represent those individuals accused of driving under the influence of alcohol, prescription medication and even illegal drugs such as marijuana. The following list of intoxicate driving arrests and other DUI offenses are a sampling of the situations in which many New Jersey motorists find themselves from time to time.

Holmdel
A 22-year-old out-of-state driver was reportedly stopped on Telegraph Hill Road for driving while intoxicated. A police patrol apparently noticed the man’s vehicle being driven in a possibly erratic manner, after which the driver was pulled over. He was arrested for DWI and taken to police headquarters for processing. The man was later released pending a court appearance.

On that same day, a 24-year-old motorist was pulled over along a stretch of Rte. 35 by a police officer and was subsequently arrested for driving under the influence. The man was later taken to headquarters, processed and released pending a future court appearance.

Three young people, two men and a woman under the age of 21, were arrested by police for underage possession of alcohol. The trio from Brick, Point Pleasant and Point Pleasant Beach were all taken to police headquarters for processing before being released. Each of the three will have to return for a court appearance.

Belmar
Police made a DWI arrest on Main St. in Belmar when they apparently spotted car being driven erratically. The 42-year-old driver, who reportedly resisted arrest, was charged with driving while intoxicated, aggravated assault and obstructing justice.

Wall
Route 35 has been the scene of more than a few DWI arrests. According to reports, an 18-year-old Wall Twp. Man was stopped by police near New Bedford Rd. and charged with driving while under the influence of alcohol. In another unrelated instance, a 26-year-old Seaside Heights resident was stopped by patrolmen near Church Road and arrested for intoxicated driving.

Around the same time, a 31-year-old Belmar man was arrested by police in the vicinity of 16th Ave. and Maplewood Rd. and subsequently charged with possession of less than 50 grams of marijuana.
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December 12, 2010

Intoxicated Drivers Warned about New Jersey’s Plans for Holiday DWI Crackdown

by Jonathan F. Marshall

In-state and out-of-state drunken drivers take note, the State of New Jersey will have an increased police presence on public roads throughout the Garden State as the holidays approach. According to news articles, local and state law enforcement departments in Bergen, Passaic and Ocean County, as well as the rest of the state, will be on the lookout for drivers operating their vehicles while intoxicated.

As New Jersey drunk driving defense attorneys, I and my legal staff represent individuals accused of DWI, prescription drug DUI and breath test refusal on a daily basis. We even council drivers charged with cocaine, and other controlled dangerous substance (CDS) possession. This latest enforcement program, aptly named “Over the Limit, Under Arrest,” will bring additional officers to bear on the motoring public during the upcoming holidays.

Aiming to reduce the amount of drunk drivers on the road, the campaign calls for saturation patrols and sobriety checkpoints (also known as DWI roadblocks) from December 13 through January 2, 2011, according to officials at New Jersey’s Division of Highway Traffic Safety. The program reportedly will provide federal grant money of up to $5,000 to each of 115 police departments.

December 9, 2010

New Jersey Legal Defense News: Passaic County Driver Charged with Prescription Drug DUI

by Jonathan F. Marshall

Alcohol consumption prior to driving is one of the more common causes of DUI arrests in New Jersey, however with doctor-prescribed medications on the rise more and more drivers are being stopped and charged by law enforcement for driving under the influence of drugs (also known as drug DWI).

As Middlesex, Ocean, and Monmouth County drunken driving defense attorneys, I and my legal staff understand the seriousness of these kinds of traffic offenses. Whether driving under the influence of beer, wine or hard liquor, or caught for operating a motor vehicle while impaired by prescription or over-the-counter medication, the New Jersey legal system takes a dim view of all these offenses.

Not long ago, a driver currently a Wayne, NJ, resident was arrested by police following a crash that occurred in Passaic County. According to news reports, a witness observed a car being driven erratically around the Willowbrook Mall parking lot. Police reports show that 37-year-old Mara Smith was behind the wheel of a Lexus SUV when it allegedly struck a parked Porsche Boxster owned by a Totowa resident.

December 8, 2010

New Jersey Motorists Convicted of Drunken Driving or Drug DUI Can Face Severe DWI Penalties

by Jonathan F. Marshall

Being stopped by a New Jersey state trooper or local municipal patrolman can be a nerve-jangling experience especially when a driver has perhaps imbibed some alcohol as part of a holiday celebration. Whether its beer or wine consumed at a local restaurant or hard liquor or cocktails shared at a neighborhood pub or bar, driving after drinking even a little alcohol can put a driver’s future in jeopardy.

Drunken driving, driving while intoxicated or operating a motor vehicle under the influence of alcohol or prescription drugs; whatever the phrase, a DWI or DUI conviction here in the Garden State can bring heavy penalties and fines, not to mention possible jail time. As a New Jersey drunk driving defense attorney, I and my colleagues provide council and representation to residents in Bergen, Ocean, Passaic and many other counties throughout the state.

Simply put, a drunk driving arrest begins a process that can be both embarrassing and costly to any driver unlucky enough to have been stopped for impaired driving. Even under the best situation, the business and social price of a DWI or DUI arrest and conviction can be devastating to a person.

December 6, 2010

New Jersey Superior Court Denies Impaired Driver’s Appeal in Marijuana-related Drug DUI Case

by Jonathan F. Marshall

Anyone who thinks that smoking marijuana, weed or cannabis is safer than drinking alcohol and then getting behind the wheel of a motor vehicle apparently hasn’t been pulled over for drug DUI…yet. As a New Jersey DWI defense lawyer, I can tell you that New Jersey’s law enforcement community is just as committed to arresting and charging drivers who smoke-and-drive as those who drink and drive.

One of the main differences is that pot is illegal, putting aside the issue of medical marijuana for a moment. Possession in a motor vehicle is a chargeable offense, as is driving under the influence of the drug. As a controlled dangerous substance (CDS), marijuana use can get an individual in hot water, much less being caught for driving while smoking weed.

Not long ago, a New Jersey appellate decision upheld a portion of lower court ruling involving a motorist who was charged with marijuana-related drug DUI. According to court records, Reynold Regis filed an appeal (STATE v. REGIS) for a July 2009 conviction in which he was found guilty of CDS DUI.

December 3, 2010

NJ Supreme Court to Review Appeal Involving Ocean County DWI Case Involving Over-serving of Alcohol

by Jonathan F. Marshall

The desire to place blame is quite common especially when a traffic accident results in injury or death. The question in some drunken driving cases involves determining who was ultimately responsible for the accident. Was it the driver who allegedly consumed too much alcohol or was it the bar, pub or restaurant that served that individual and then allowed him or her to walk out the door.

As some may know, there is a 1997 amendment to New Jersey’s auto insurance statutes that essentially denies drivers who have been found guilty of drunken driving to recover damages for injuries they suffered as a result of a DWI-related car crash. What is at issue here is that there is an older law that some say is in direct conflict with the ’97 law.

In 1987, a New Jersey statute was put on the books that effectively says business establishments that serve alcohol to customers are responsible if they are found to have negligently over-served liquor to a customer. Because these two laws are apparently at odds with each other, New Jersey’s high court will likely decide which law takes precedence over the other.

November 30, 2010

Burlington County Woman Arrested in North Arlington, NJ, After Crash; Charged with Drug DUI, CDS Possession

by Jonathan F. Marshall

There’s nothing like a traffic accident to draw attention to a driver who may be under the influence of alcohol, marijuana, prescription drugs or a controlled dangerous substance (CDS) such as cocaine or meth. As a New Jersey drunken driving defense attorney, I and my staff understand the potential of a DWI or drug DUI arrest. In either situation, state and local police have little tolerance for motorists who drive while intoxicated.

Furthermore, getting into an accident, no matter how minor, will only make things worse for a driver who may have already violated New Jersey’s anti-drunk driving laws. Not long ago a woman was arrested in North Arlington, NJ, after apparently losing control of her vehicle and hitting some parked cars. As Bergen County DWI defense lawyers, my firm handles cases not unlike this, which include multiple charges, potentially stiff fines and even possible jail time, depending on the individual circumstances.

According to news reports, in the early morning hours on a Friday police received a call regarding a car accident along Newell Place in North Arlington. Officers responded to the scene at about 12:30am to find that a black Mercedes-Benz had hit three parked vehicles. The driver was attempting to get out of her car when police approached the car.

November 28, 2010

NJ Police Blotter: Ocean County Drunk Driving, Underage Possession of Alcohol and CDS Arrests

by Jonathan F. Marshall

An out-of-state motorist was pulled over on West Bay Ave. in Barnegat Township when officers observed a vehicle being driven the wrong way. Stopping the vehicle, police interviewed the 48-year-old driver who apparently exhibited signs of being drunk and under the influence of alcohol. The man was arrested by officers, who charged him with a number of violations including DWI, reckless driving and traveling the wrong way on a one-way street.

Another Ocean County arrest occurred along Rte 72 when a patrolman stopped a man for speeding along a stretch of the road. According to police reports, the 23-year-old driver was allegedly found to have an open container of alcohol in his vehicle at the time of the traffic stop. As a result, police arrested the driver and charged him with DWI, having an open alcoholic beverage container in the vehicle, as well as reckless driving and speeding. The man was subsequently released.

A 55-year-old driver was stopped along a stretch of Barnegat Blvd. after police observed his vehicle traveling the wrong way on a one-way street. The South Plainfield resident was arrested and charged with driving while intoxicated, as well as reckless driving, driving the wrong way and having an open alcohol container in his vehicle. He was subsequently released from custody.