Uncategorized

April 6, 2010

Drunk Driving News: Former New Jersey Nets Star Pleads Not Guilty to DWI Crash

It’s obvious that professional athletes and other well-known personalities get into their fair share of trouble from time to time. Drunken driving, driving under the influence of alcohol, prescription drugs or marijuana, even illicit or illegal drug DUIs are common. As a New Jersey drunk driving defense attorney, I and my colleagues represent numerous clients accused of these and other impaired driving offenses.

According to a news report, former Nets player, Jayson Williams, asked the court to toss out a DWI (driving while intoxicated) charge he received earlier not long ago in Manhattan. The NBA star claimed he had done nothing illegal and was simply sitting in his damaged Mercedes when local police arrested and charged him with driving under the influence.

The basketball star’s DWI defense lawyer filed a statement along with other documents explaining to the court that Williams “had not, was not, or was not about to do any act which constituted a crime.” According to reports, Williams is serving a five-year prison sentence in New Jersey after pleading guilty to aggravated assault for fatally shooting a limo driver in 2002.

April 4, 2010

NJ DWI News: Out-of-State Driver Charged with Drunk Driving after Hitting Jersey City Cop

by Jonathan F. Marshall

It’s a fact that being convicted of drunken driving or drug DUI in another state can have the same effect as getting a conviction for driving under the influence of alcohol here in New Jersey. As a New Jersey DWI defense lawyer, I remind people that defending a motorist in cases of administrative suspension — or when an out-of-state drunk driving conviction may be used for sentencing purposes — is something an experienced DWI defense attorney is well-equipped to handle.

In the instance of an administrative suspension based on an out-of-state drinking and driving offense, New Jersey typically imposes that period of suspension which would be provided for under New Jersey law. That is to say, New Jersey’s Division of Motor Vehicles would consider the type of conviction in terms of how many previous DWI offenses that particular conviction represents (e.g. a first, second, or third violation).

Recently, an out-of-state driver was arrested and charged with DWI after hitting a Jersey City police car in a late night accident. The man, 44-year-old Michael B. Kelley, was also issued a summons for refusing to submit to a breath test following his arrest.

April 2, 2010

New Jersey Drunk Driving News: Will Anti-DWI Breathalyzer-Ignition Interlocks Cause Traffic Accidents?

by Jonathan F. Marshall

Since the passing of another anti-drunk driving bill in the state legislature earlier this year, some people have voiced concern over the safety of ignition interlock devices, which are designed to disable a vehicle if the operator’s blood-alcohol content (BAC) is over a certain level. The law requires even those convicted of a first-time DWI violation to have the breathalyzer-type device installed on their vehicle.

As a New Jersey lawyer who defends motorists charged with driving under the influence of alcohol, I was not surprised by the passage of this law especially considering the strong public support for most any DWI, drug DUI or other drunken driving offenses. Not only does a conviction for driving while intoxicated carry a stigma that is not easily lost, court costs, fines and increased insurance premiums only add to the burden, even for first-time offenders.

Recently, an editorial addressed the concern of having so many vehicles fitted with a breathalyzer-ignition interlock device. The fear is that these devices might cause additional distractions or literally shut off the vehicle as it is traveling on a busy expressway, possibly causing an accident.

March 31, 2010

Morristown Judge Sentences Oak Ridge Man to Three Years in Prison for DWI Injury Accident

by Jonathan F. Marshall

A resident of Oak Ridge, NJ, was recently given three years in jail for a May, 2009, drunk driving accident that left a 71-year-old newspaper delivery man with multiple injuries. As a New Jersey DWI defense attorney, my firm handles drunken driving cases through the Garden State. I know from experience that severe injury accidents involving alcohol can land a motorist in prison very easily.

In this particular case, the defendant was found guilty of operating a motor vehicle while intoxicated. Furthermore, the man had apparently tried to elude Jefferson Township police while driving drunk a second time months after the accident, something that never improves one’s chances in court. As a former municipal prosecutor, I understand the strategies used by prosecuting attorneys when it comes to DWI offenders.

According to news reports, Superior Court Judge David Ironson sentenced 23-year-old Ibrahim Hasan to three years in prison for having deprived the victim, Oak Ridge resident Jerry Begley, of what should have been his golden years.

March 30, 2010

Police Track Down, Arrest Driver for DWI after Drunk Driving-related Traffic Accident

by Jonathan F. Marshall

As a New Jersey DWI defense lawyer, I can tell you unequivocally that running from or trying to evade the police due to a drunk driving stop or worse, a DWI traffic accident will in no way improve your chances in court. Being convicted for driving under the influence of alcohol is already a stigma in our society; the law these days is extremely harsh on violators, which makes any additional related offenses counter-productive at best.

Not long ago, a 22-year-old man was arrested for drunk driving as well as allegedly being involved in a single-vehicle traffic accident in Barnegat, NJ. According to news reports, the incident started with a call to police regarding a one-car collision on Route 532 in the early morning hours on a Sunday.

When the officers arrived, they found a Toyota Tacoma with severe front-end damage that had obviously crashed into a snowbank, however the vehicle was empty and there was no sign of the driver. Police also noticed that the vehicle’s two front airbags had been deployed due to the impact.

March 28, 2010

New Jersey DWI Police Blotter: Drunk Driving and Drug DUI Arrests in Monmouth County

by Jonathan F. Marshall

Defending motorists charged with driving under the influence of alcohol is a common sight in New Jersey municipal courts. Whether a person is arrested in Monmouth, Bergen, Ocean or any number of other counties throughout the Garden State, the routine is always the same: Contact a qualified and experienced DWI defense lawyer.

Being a New Jersey drunk driving defense attorney, I have handled dozens of driving while intoxicated court cases, as well as drug DUI and breath test refusal. Regardless of where you live, being arrested for DWI or for operating a motor vehicle under the influence of illicit or prescription drugs is a serious offense not to be taken lightly. The following arrest reports illustrate the kinds of cases we typically see.

Red Bank
Five individuals were arrested over the course of 10 days for driving under the influence of alcoholic beverages. The suspects ranged in age from 21 to 60 years old. Three of the arrestees were residents of Red Bank, NJ, while the other two were from other communities; a 21-year-old man from Eatontown and 51-year-old gentleman from Rumson, New Jersey.

Asbury Park
A 41-year-old woman from Freehold was pulled over by police on Main Street for a routine traffic violation. During the traffic stop, the officer in charge apparently detected some illegal drug paraphernalia in the vehicle. Upon further inspection, the patrolman found crack cocaine on the suspect’s person. The driver was arrested and charged with possession of crack cocaine, possession of drug paraphernalia and motor vehicle violations.

Howell
A 32-year-old Lavallette man was pulled over on Strickland Road by police officers for what apparently was a routine traffic violation. During the stop, the police detected the scent of marijuana and found the driver in possession of less than 50 grams of the illegal herb. Police arrested the man and charged him with operating a motor vehicle in possession of a controlled dangerous substance (CDS).
Continue reading

March 26, 2010

DWI Defense Law Update: NJ Appellate Court Overturns Decision on Sentencing for Convicted Drunk Drivers

by Jonathan F. Marshall

Recently there was an important change to New Jersey drunk driving law affecting the sentencing of motorists convicted of DWI offenses. According to reports, a New Jersey appellate court overturned a decision that had stood as a precedent for the past 17 years. As a New Jersey drunk driving defense lawyer, my aim is to help those accused of driving under the influence of alcohol or prescription drugs get a fair hearing. Changes such as this latest decision will have a great affect on DWI case going forward.

The recent appellate court ruling states that any previous convictions for the violation of New Jersey’s implied consent law must now be considered as prior DWI convictions where drunk driving sentencing is concerned.

The case in question, State v. Ciancaglini, No. A-2785-08T4 (N.J.A.D. 2010), was brought by the state of New Jersey as an appeal to the sentencing of Eileen Ciancaglini, a woman charged with drunk driving back in May 2008 (at that time Ciancaglini blew a 0.17 percent BAC on a breathalyzer).

Ciancaglini had already been convicted of drunk driving in 1979; she was also convicted of refusing a chemical alcohol test in 2006. When she pled guilty to the 2008 DWI charge she was sentenced as a third-time offender by the municipal court (Here in New Jersey, drunk driving defendants have the right to appeal the decisions of municipal courts to New Jersey Superior Court, which is exactly what Ciancaglini did).

In that appeal, the Superior Court used a precedent established in State v. DiSomma, 262 N.J.Super. 375 (N.J.A.D. 1993). In the case, the court found that prior refusal convictions did not count as prior DWI convictions under New Jersey’s DWI sentencing statute, N.J.S.A. 39:4-50. (This law also requires the court that sentences the defendant to discount a conviction so long as it occurred more than 10 years prior to the current conviction.)
Continue reading

March 24, 2010

NJ Drunk Driving Defense: Valid Breath Tests Require a Minimum 20-Minute Observation Period

by Jonathan F. Marshall

As a New Jersey drunk driving defense attorney, I and my fellow lawyers must know all the details of DWI law and the processes that law enforcement agencies use to determine legal intoxication due to alcohol consumption. Part of this knowledge is how a breath testing machine, such as the Alcotest device, is used and procedures required by law that make any reading valid and useful in a court of law.

In New Jersey, the law states that for a breathalyzer machine to yield readings that can be used with confidence, the operator must ensure that at least 20 minutes have elapsed since the drunk driving suspect’s last ingestion of alcohol before administering the test. The reason for this is to avoid any possible presence of what is termed “mouth alcohol.” If this observation period is not followed, there is a chance that the machine can give a falsely high reading, as per State v. Downie, 117 N.J. 450, 455 (1990).

Although the term “ingestion,” is used here, the main purpose of the 20-minute time interval is so the breathalyzer operator can be assured that there is no alcohol present in the suspect’s mouth at the time of testing. As stated previously, any residual alcohol in the person’s mouth could cause an inaccurate measure of breath alcohol, which would invalidate the reading and call into question the procedures used by police.

March 22, 2010

Drunk Driving Defense News: New Jersey Man Faces 60 Years in Prison for Fatal DWI Accident

by Jonathan F. Marshall

A Morris County jury recently convicted a Dover, NJ, resident in connection with the April 2006 deaths of two teenage girls. As a result of the guilty verdict for aggravated manslaughter, the defendant Eugene Baum, Jr. could be looking at a maximum of 60 years in prison for the fatal drunk driving-related accident.

As a New Jersey DWI defense attorney, my law firm handles cases not unlike this one on a regular basis. Because of the facts in the case, it’s not surprising that the prosecutors would be seeking the maximum sentence of 60 years in jail for the defendant. According to news reports, the accident occurred in Kinnelon, NJ, on April 20, 2006, when Baum ran over the two cousins while operating his vehicle in an apparent drunken stupor.

News articles stated that the jury deliberated for three hours before declaring the 48-year-old Dover resident guilty of two counts each of aggravated manslaughter and death-by-auto. Following the guilty verdict, the Morris County Prosecutor said his office would seek a 60-year sentence — 30 years apiece for the aggravated manslaughters. The accident took the lives of 16-year-old Athear Jafar and 15-year-old Mayada Jafar.

March 20, 2010

NJ DWI Defense News: Union County Driver Arrested by Roxbury Police in Apparent Drug DUI Accident

by Jonathan F. Marshall

A Union County resident was recently arrested for driving under the influence of alcohol and possession of illegal drugs following a Denville, NJ, traffic stop. According to reports the driver apparently left the scene after being stopped by Denville police. He then proceeded toward Roxbury where local police say the man crashed his vehicle trying to avoid capture.

Being a drunk driving defense attorney practicing in Morris, Union and other counties throughout New Jersey, I know that any attempt to evade or lead police on a chase will only make things worse once they catch up with the suspect. Indeed, it is a rare drunk driver who can out-think or out-drive any of the Garden State’s law enforcement professionals. Better to accept your situation rather than make things worse than they already are.

In this particular case, the driver ended up crashing his GMC Envoy in the municipality of Roxbury and he still was arrested for DWI and drug possession. According to news articles, the incident started with Denville authorities attempted to pull over 36-year-old Manuel Mosquera around 3pm on February 12. The man apparently tried to evade the Denville officers before they could get him to stop his vehicle.