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July 23, 2010

Bergen County, New Jersey, DWI News: North Arlington Drunk Driving Police Blotter

Dozens of arrests for drunken driving are performed by New Jersey law enforcement personnel every week in the Garden State. As New Jersey drunk driving defense lawyers, I and my colleagues have seen just about every kind of DWI and drug DUI case, yet nothing surprises us much these days. On any given shift, state police, county sheriff and local municipal police officers pull over and otherwise stop and charge motorists with driving under the influence of alcohol.

From the initial traffic stop to the actual arrest and then performance of a blood-alcohol content (BAC) breath or blood test (to determine if a driver is legally intoxicated), the process of being charged and possibly convicted of drunk driving can be a scary prospect for many people. Beyond simple monetary penalties, a DWI or drug DUI conviction can result in loss of employment and can potentially ruin personal and business relationships. The following accounts of North Arlington drunk driving arrests are typical of those encountered around the state.

Drinking and Parking

July 20, 2010

Appellate Court: DWI Not a Crime under NJ Law Despite Jail Time for Certain Convictions

by Jonathan F. Marshall

If you feel that jail time for a drunken driving conviction merits DWI being categorized as a crime, and therefore a jury trial, you’re not alone. However, as stiff as sentences can be for driving under the influence, the Superior Court of New Jersey, Appellate Division, believes otherwise. A recent decision made that abundantly clear when Steven G. McLaughlin filed an appeal for a DWI conviction he received because his case was not heard by a jury.

As a New Jersey DWI defense attorney, I have heard defendants say they wanted a jury trial. This may not seem so odd, as many people believe that if jail time can be attached to a drunken driving conviction, then they deserve to have their case heard by a jury of their peers. Unfortunately, this latest ruling by the New Jersey Superior Court will probably put juried trials on hold for motorists accused of driving under the influence of alcohol.

According to court records, in October 2008, Stephen McLaughlin was denied his motion for a jury trial on his third charge of driving while intoxicated by the Law Division. This motion followed a trial in Brick Township back in September 2005 when McLaughlin was convicted of DWI, reckless driving, and speeding.

Upon appeal the man was again found guilty of all three offenses and was sentenced to 90 days in jail and 90 days of in-patient alcohol treatment for the drunk driving offense. This included a concurrent sentence of 30 days for the reckless driving charge. The court also ordered the man’s license to be suspended for 10 years, as well as being assessed related fines and court costs.

Following a third appeal and conviction, McLaughlin applied to the Law Division for a jury trial on his drunk driving offense. The trial judge in that particular appeal denied the defendant’s motion and ordering the immediate execution of the sentence previously imposed.

In the Superior Court’s decision, it stated that it rejected McLaughlin’s motion for exercise of their [sic] rights to indictment by a Grand Jury and trial by jury. While the defendant indicated he faced serious “quasi-criminal and civil consequences” as a direct result of the municipal court proceedings, the fact remains that defendant faces these stated consequences as a direct result of driving while under the influence for a third time and charged accordingly.
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July 17, 2010

New Jersey Woman Arrested for DWI following Near-fatal Drunk Driving Crash into Bay

by Jonathan F. Marshall

A potentially fatal car crash involving alcohol turned out well, at least in part, for a young woman from Gloucester County, New Jersey, in late June. According to news reports, the accident happened at the end of Shellbay Avenue in Cape May Court House, NJ. Police and emergency crews were called to the scene of a car which had driven off a pier and into the bay in Middle Township.

As a New Jersey DWI defense lawyer, I’ve heard more than my fair share of tragic auto accident stories arising from driving while intoxicated. In this particular case, the 21-year-old driver will have to face the court over DWI-related charges, but at least she’s alive to talk about it.

Apparently police had received a 911 call just after 2pm on a Monday afternoon reporting that a car had gone over a bulkhead and was stuck front-end-down partially in the water, being held only by the safety railing at Carol Nicoletta Memorial Park. The driver, Jenna Davidson of Swedesboro, NJ, had been traveling east in her Toyota Camry Solara along on Shellbay Avenue when she failed to stop the vehicle as it entered the parking area.

July 14, 2010

NJ Drunk Driving and DUI Defense Update: Caught with Weed in Your Car?

by Jonathan F. Marshall

Times change, as they say, and nothing indicates change like the increased use of medical marijuana as well as illegal pot. Although many states around the nation have passed medicinal marijuana laws, state law enforcement agencies and local police are still stopping individuals who are possibly impaired due to driving while under the influence of a controlled dangerous substance (CDS), in this case marijuana or weed.

Whether a driver is actually impaired due to smoking hash or cannabis (drug DUI), or because of alcohol consumption (DWI) or just drowsy behind the wheel, traffic enforcement officers will likely key on possible erratic driving behavior or a defective vehicle equipment as justification for a traffic stop.

Since marijuana is one of the most common drugs encountered in the New Jersey area, marijuana possession arrests are relatively common. Possession in a vehicle is a chargeable offense and usually requires the services of a qualified drunk driving and DUI defense attorney.

July 11, 2010

New Jersey DWI Defense News: Essex County, NJ, Drunk Driving and Drug DUI Police Blotter

by Jonathan F. Marshall

Defending motorists accused of drunken driving can involve multiple factors, such as how the arrest was conducted, whether or not an Alcotest or other breathalyzer blood-alcohol content (BAC) test was performed, what kind of field sobriety test(s) were administered, and in which municipality the alleged DWI took place. As New Jersey drunk driving defense lawyers, my staff and fellow attorneys understand the ins and outs of DWI prosecution here in the Garden State. The following are some examples of the types of cases that are heard daily in our municipal courtrooms across the state.

Little Falls Car Crash and DWI, Marijuana Possession Arrest

Little Falls police officers were called to respond to a traffic accident on Main Street near Brookside Ave. According to news reports, a motor vehicle driven by a 19-year-old Fairfield, NJ, resident apparently ran into a utility pole. During the investigation, officers noticed that the driver had outward signs of being drunk and under the influence of alcohol. The driver was arrested for operating a vehicle while intoxicated as well as possession of marijuana and drug paraphernalia in a vehicle.

July 8, 2010

Newark, NJ, Motorist Charged with Intoxicated Driving following High-speed Police Pursuit and Crash

by Jonathan F. Marshall

How can I make the most of a bad situation? This is would seem to be a typical question foremost in the mind of a person being pulled over for driving under the influence of alcohol. Certainly there are things a person can do to soften the blow of a DWI arrest, but running from the cops isn’t one of them. As a New Jersey drunk driving defense lawyer, my aim is to help drivers who have been accused of DWI and drug DUI — reckless driving and evading a police officer are not going to help one’s case.

This type of drunken driving arrest played out in Jersey City not long ago when an apparently inebriated driver was observed operating his automobile in a dangerous manner. According to reports, law enforcement officers in an unmarked vehicle saw a gold Mazda Millenia being driven recklessly along Martin Luther King Drive. Giving chase with their emergency lights activated they pursued the suspect vehicle, which proceeded to drive through a stop sign at Bostwick and Ocean avenues without stopping.

Apparently exceeding posted speed limits, the chase continued down Ocean Avenue, as officers saw the car cross a double yellow in order to swerve around traffic stopped for a red light at Bidwell Avenue. The driver reportedly ran two additional red lights before turning off Ocean.

July 5, 2010

New Jersey Drunk Driving News: Driver Charged with DWI following Hoboken Pedestrian Accident

by Jonathan F. Marshall

An apparently drunken out-of-state driver was taken into custody by Hoboken police after an early morning car-pedestrian traffic accident that resulted in the serious injury of a local man, according to news reports. Police said that the accident occurred around 1am on a Thursday morning right in front of Hoboken City Hall.

As a New Jersey DWI defense lawyer, I’m well aware of the complications that an injury accident can add to a drunken driving case. Fortunately for the driver, 38-year-old Pamela Currie, the injured man was not killed as a result; a fatal accident involving driving under the influence of alcohol can be quite serious and may lead to extensive jail time depending on the circumstances.

According to the news, Currie was driving a red Nissan Xterra southbound on Washington Street prior to the collision. Police reports also indicate that a male passenger was traveling in the vehicle as well. Based on reports, if it is determined that the passenger was sober at the time of the crash then that individual could be hit with a fine for allowing an intoxicated person to operate a motor vehicle.

June 26, 2010

Union County, New Jersey, DWI Police Blotter: Cranford Drunk Driving and Drug DUI Arrests

by Jonathan F. Marshall

Marijuana and Drug Possession in a Vehicle

While not an instance of drug DUI, an Elizabeth, NJ, man was arrested on a Sunday evening after being stopped for driving with an obstructed view Law enforcement officers will usually use a common traffic infraction, such as incorrect lane change or inoperative brake light, to initiate a traffic stop that might result in a further drunken driving or prescription drug DUI arrest. In this particular case, the officer charged the driver with possession of marijuana, possession of drug paraphernalia including a hypodermic needle, and possession of suspected Oxycodone. The man was also served with summons for operating a motor vehicle with an obstructed view, driving under a suspended driver’s license, not to mention possession of a controlled and dangerous substance (CDS) in a motor vehicle.

Drunken Driving Arrest following Accident

June 23, 2010

New Jersey DWI Update: Drunk Driving Enforcement Extends to Boaters on Jersey Coastline, Inland Waterways

by Jonathan F. Marshall

When it comes to driving under the influence of alcohol on New Jersey’s public roads, “tolerance” is by no means a word found in the vocabulary of the state’s law enforcement community. Similarly the state has no patience for drinking and piloting a boat along the Garden State’s coastline, its lakes or rivers and estuaries. DWI on the high seas, so to speak is just as serious an offense as here on land.

What’s surprising is that boat owners don’t always consider that the same standards which govern drinking and driving on public roads also apply to the operation of watercraft. Boaters must observe the same drunken driving laws as car, motorcycle and truck owners. Because of this, individuals who violate the DWI laws while boating are also subject to arrest for driving while intoxicated. And also included with this are those related offenses, such as prescription drug DUI and breath test refusal when the operator of a boat has a blood-alcohol concentration (BAC) in excess of 0.08 percent.

New Jersey’s statutes governing operation of a boat while under the influence of alcohol or drugs are nearly identical to those that pertain to DWI with a motor vehicle. The penalties are also closely related. The implied consent laws that oblige a licensed driver to submit to a breath or blood test following a drunk driving stop also applies to the operator of a watercraft in New Jersey.

June 20, 2010

Police Arrest Driver for Marijuana Possession Following High-speed Chase in Bergen County

by Jonathan F. Marshall

Some drug arrests have been known to start with a DWI or drug DUI traffic stop. There’s usually some reason for the initial stop, but a driver speeding down the highway is not a hard mark for a drunk driving or traffic enforcement patrol. A recent news report from Bergen County, NJ, shows the lengths that local police officers will go to apprehend a suspected drunken driver. As a New Jersey DWI defense lawyer, my legal experience includes years of defending motorists charged with driving while intoxicated either by alcohol, illicit drugs or prescription medications.

According to reports earlier this month, law enforcement officers from a number of towns in the vicinity of Mahwah, NJ, joined in a high-speed chase that began when a 1992 Toyota Celica was observed speeding along Route 17 in Mahwah around 2:30am. At that time, Mahwah Police Officer Stacy Conley apparently attempted to block the vehicle by pulling his patrol car across the highway with lights on. However, the Celica avoided the officer by veering onto the shoulder and kept traveling southbound at a high rate of speed.

The Celica’s driver, 26-year-old Shahan Momin, was eventually being pursued by police vehicles from Bergen County, Paramus, Rutherford and Lyndhurst. Toward the end of the chase, Momim reportedly tried to pull of of 17 onto Route 3 but lost control of his vehicle, which rolled several times ending up in an opposing lane of the roadway.