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March 18, 2010

Morris County, New Jersey, DWI News: Parsippany Woman Leaves Scene of DWI Accident

Leaving the scene of an accident is one of the many mistakes that motorists can make following an automobile wreck. As a New Jersey drunk driving defense attorney and former municipal prosecutor, I understand how certain facts can influence the decision of a drunk driving court judge. While one’s first reaction to something as traumatic as a car collision is to avoid the scrutiny of a responding police officer, the ramifications of leaving the scene of an accident can be quite severe.

Especially where alcohol is involved, police agencies and the courts have become very critical of motorists who flaunt the law to their own advantage. Recently, a Parsippany resident who was later accused of a drunk driving-related car accident allegedly fled the scene; turning a bad situation into an even worse one.

According to news reports, 48-year-old Elizabeth Stockinger was arrested around 1pm on January 29 after she apparently drove her 1993 Mercury Sable into a second vehicle on East Halsey Road. Immediately following the collision, the woman reportedly drove away in the direction of Pomeroy Road. Based on police reports, Stockinger crossed the double yellow traffic line prior to the accident while trying to make a left-hand turn.

March 16, 2010

Former New Jersey Police Officer Goes to Prison for Fatal DWI Pedestrian Accident

by Jonathan F. Marshall

When it comes to car-pedestrian accidents, the person on foot rarely has a chance. Add alcohol consumption into the mix and that’s a potentially deadly combination. The trial of a Jersey City police officer who was arrested for the drunk driving death of a pedestrian has recently come to its completion. According to news reports, the off-duty officer faces up to 10 years in prison for killing a pedestrian in an out-of-state DWI crash.

As a New Jersey drunk driving defense attorney, I have been on both sides of the aisle in cases similar to this one. An arrest for driving under the influence of alcohol, breath test refusal or prescription drug DUI is already a serious situation that calls for the assistance of a qualified drunk driving lawyer. In cases involving a fatality, whether pedestrian or another driver, an experienced DWI attorney is a necessity.

Based on news articles, the incident that led to the arrest occurred in Manhattan back in Early 2009. At that time, the former officer, Martin Abreu reportedly had a blood-alcohol content of 0.124 percent when he struck and killed 26-year-old Huang “Marilyn” Feng. Based on reports, Abreu’s police partner was riding in the car with him at the time of the collision.

March 14, 2010

New Jersey DWI News: Former FedEx Driver Denied Unemployment Benefits due to Off-hours DWI Arrest

by Jonathan F. Marshall

A Federal Express delivery truck driver who was fired for a drunken driving-related traffic offense was recently denied an appeal to get New Jersey unemployment benefits. It’s no surprise that penalties for DWI and drug DUI offenses are pretty heavy in the New Jersey area. This story only brings home the point that retaining a qualified drunk driving defense attorney should always be foremost in one’s mind following a DWI arrest.

As a New Jersey DWI attorney, my office handles cases of motorists arrested for driving under the influence of alcohol and prescription drugs on a regular basis. It’s not uncommon for many drivers charged with driving while intoxicated to get hit with fines and other monetary penalties as well as court-imposed jail sentences.

Additionally, this case should remind everyone that a DWI conviction can make a motorist ineligible to receive unemployment insurance. This is exactly what happened to Alan G. Roche last January after he was fired from his driving job at FedEx, also as a resul of his drunk driving arrest. In fact, recent appeals court decisions have upheld the denial of unemployment benefits due to a worker leaving a company voluntarily “without good cause attributable to the work.”

Based on reports, Roche was cited for drunk driving in February 2008 while driving his private car outside of working hours. Unfortunately for Roche, FedEx’s company policy calls for any driver who does not clear a DWI charge from their record within three months to either find other (non-driving) employment in the company or be fired.

Based on reports, FedEx put Roche on unpaid leave for three months, but the man was not able to clear himself of the DWI charge within that time period. When he checked for other jobs at FedEx that did not involve driving, he was told that there were no open positions. Roche was fired from FedEx in June of last year.

Roche applied for unemployment benefits in New Jersey the following month, however he was denied them. A state review board said that a precedent from Yardville Supply Co. v. Board of Review, 114 N.J. 371 (1989), a New Jersey Supreme Court case from 1989, required them to deny Roche’s claim.
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March 12, 2010

New Jersey Drunk Driving News: Bergen County Man Charged with DWI Despite 0.0 Blood-alcohol Reading

by Jonathan F. Marshall

While fighting a DWI arrest is a fairly common practice, fighting a drunken driving charge after “blowing” a double-zero on an Alcotest device is somewhat out of the ordinary. As a New Jersey DWI defense attorney, I and my colleagues are certified in the proper use, operation and maintenance of the Alcotest breath testing machine typically in use by most all of New Jersey’s police departments and state DWI enforcement agencies.

According to a recent news article, a Garfield, NJ, man was charged with driving under the influence of alcohol even after he registered a 0.0 percent blood-alcohol content on not one, but two supposedly well-maintained and correctly calibrated Alcotest devices. Regardless, Fair Lawn police charged 20-year-old Dariusz Palka with DWI anyway.

Based on police reports, Palka was pulled over around 2am at a DWI sobriety checkpoint on Broadway and 17th Street while traveling in the city with a number of buddies back on December 19. The friends were reportedly looking for a place to eat as the reason for their late night drive.

March 10, 2010

NJ DWI News: Avalon Police Participate in Drug DUI and Drunk Driving Enforcement Campaign

by Jonathan F. Marshall

For drivers traveling in Cape May and surrounding New Jersey counties, news reports indicate that the Avalon Police Department and other law enforcement agencies are taking part in a DUI prevention campaign until March 17, St. Patrick’s Day. Known worldwide as a day of celebration, Saint Paddy’s Day can be a busy time for local police and state law enforcement agencies focused on arresting drivers found driving drunk, as well as violating other DUI and DWI laws.

As a New Jersey drunk driving defense lawyer, I have seen the effects of these enhanced enforcement campaigns. Many motorists are picked up on the road or at sobriety checkpoints, also known as DWI roadblocks. The penalties for drunk driving or drug DUI convictions can be very stiff and can also include jail time for repeat offenders. It’s always a good idea to seek professional legal advice if you or someone you know is arrested or receives a summons for driving while intoxicated.

According to reports, the Avalon Police Department is currently participating in an impaired driving prevention operation until the 17th. It’s no coincidence that this campaign coincides with St. Patrick’s Day, which police know involves the consumption of alcoholic beverages by many motorists.

March 8, 2010

Police Charge New Jersey Motorist with Driving Under the Influence of Alcohol after Hitting Utility Pole

by Jonathan F. Marshall

Accidents resulting from drunken driving are typically treated much more strictly by local and state law enforcement agencies when compared to “normal” accidents, such as inattentive or distracted driving. While the results may be just as costly or traumatic for those involved, it should come as no surprise that police have little tolerance for DWI-related crashes.

Being a drunk driving defense attorney representing drivers from all around the New Jersey area, I know how even a simple fender-bender can turn out to be a big deal once the police determine it may have been caused by alcohol consumption. Of course, a property damage accident is far less serious than a crash that takes an innocent life. This is why, no matter what the circumstances, consulting with an experienced DWI defense lawyer is the first step in the process of avoiding a drunk driving conviction.

Recently news reports detailed a crash in Lower Township in which the driver wrecked his vehicle by hitting a utility pole. The accident occurred on Sunday, February 28, in Cape May County, NJ, when a 9-1-1 operator received a call reporting a motor vehicle accident in the 500 Block of Sunset Blvd. The accident itself was described by witnesses as a vehicle-versus-pole wreck.

March 6, 2010

New Jersey Drunk Driving Defense: Bergen County DWI and Drug DUI Police Blotter

by Jonathan F. Marshall

A number of recent DWI and controlled/dangerous substance (CDS) arrests in Bergen County, New Jersey, illustrate the ease and frequency of drunk driving and drug DUI arrests around the state. As a New Jersey DWI defense lawyer, my aim is to help my clients get a fair trial and to defend each individual against potential abuses or procedural errors on the part of the police.

Drunken driving has become a serious offense in New Jersey, as well as across the United States. This does not change the fact that every person accused of or charged with a DWI offense is considered innocent until proven guilty. As a former municipal prosecutor, I understand the techniques used by law enforcement to attain drunk driving convictions. The following news items reflect the kinds of arrests that occur on a weekly basis here in the Garden State.

Lyndhurst
A 33-year-old Rutherford man and a 32-year-old man from Lyndhurst, NJ, were each arrested on a late January evening in what could have been a drug DUI incident following a complaint of illegal fireworks in the 100 block of Copeland Avenue. Police identified a vehicle that allegedly left the scene of the incident and conducted a standard motor vehicle stop. In the course of the arrest, one of the occupants was charged with possession of a prescription drug without a prescription. The other man was charged with possession of marijuana, and found to have a $400 outstanding warrant. Both were subsequently released on summonses.

Rutherford
A 34-year-old New York man was arrested on a Thursday morning in late January for DWI and careless driving following a motor vehicle stop on westbound Route 3. According to police, the suspect was allegedly passed out behind the wheel when the officers approached the man’s vehicle. He was transported to Meadowlands Hospital due to his apparently high level of intoxication. Police later released the motorist on summonses.

A 20-year-old Kearny driver was arrested on January 30 in the early morning hours for DWI and failure to keep right. Police reported that the suspect made an illegal left turn onto Station Square and then began driving the wrong way before officers pulled him over. The driver reportedly failed a field sobriety test and later registered a 0.12 percent reading on the breath test. The man was subsequently released on summonses.

East Rutherford
A Rutherford resident was arrested in the early morning hours of a Sunday, charged with DWI. According to reports, witnessed flagged down a patrolman regarding a vehicle that had been observed swerving on southbound Route 17. Police reported locating the vehicle and its 25-year-old driver in a parking lot on the corner of Hoboken Road and Enoch Street. The motorist allegedly failed a field sobriety test, after which he was transported to Hackensack University Medical Center due to his being visibly impaired by alcohol.
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March 4, 2010

NJ DWI Law Update: Jersey Supreme Affirms Alcotest Subject be Monitored by “Any” Competent Witness(es)

by Jonathan F. Marshall

The New Jersey State Supreme Court Appellate Division recently rejected the argument of defendant-respondent, Damian Tirello, who claimed that his breath test results were not admissible as evidence because the Alcotest-trained police officer did not remain in the DWI room with him breathalyzer test.

The Court referred to a previous ruling (State v. Ugrovics, 410 N.J. Super. 482 [App. Div. 2009]), and stated that the procedural requirements were in fact met in original case against Mr. Tirello. The appeal had been brought by the state as a result of a lower court’s decision to throw out Tirello’s breath test results due to a failure of the police to follow the correct procedure.

As a New Jersey drunk driving defense attorney and former municipal prosecutor, I understand the ins and outs of breath testing. In this particular case, the subject of the breathalyzer test claimed that the same officer did not remain in the DWI room, having left for a period of time before coming back to administer the breath test. However, the Court ruled that because another officer was in the room with the suspect continuously that the procedures were followed and the breath test results would stand.

According to court records, Tirello was arrested following a two-car accident in Wildwood, NJ. The man admitted to police that he was one of the drivers involved, during which Patrolman Nino Cusella detected an odor of alcoholic beverage on defendant’s breath and observed that defendant’s eyes were watery and bloodshot.

Although Tirello reportedly denied drinking any alcoholic beverages, Officer Cusella told him that he was stuttering and his speech was slurred. The suspect then admitted to drinking a couple of beers earlier in the evening. Although defendant was able to recite the alphabet, he swayed while performing field sobriety tests. He was then arrested, handcuffed and searched.

Officer Cusella testified that “everything” was taken from defendant’s person, including his cell phone and any type of food, gum, mints or cigarettes. Police kept the suspect handcuffed in the patrol car and they were not removed until he was taken into the “DWI room” by Officers Cusella and Chobert.

According to reports, Tirello remained in the presence of an officer who was able to observe that he never put anything in his mouth, did not burp or regurgitate and did not use the bathroom.
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March 2, 2010

NJ Drunk Driving News: New Jersey Man on Trial for Fatal 2008 Drug DWI Accident

by Jonathan F. Marshall

As New Jersey DWI defense lawyer who defends clients arrested for drunk driving, I can easily say that being charged with driving under the influence of alcohol, marijuana or prescription drugs in connection with a minor traffic violation is nowhere near as serious as being arrested for an injury accident or fatal alcohol- or drug-related crash.

The state of New Jersey takes a dim view of intoxicated driving, which is why the penalties and fines associated with DWI and DUI convictions can be rather severe. Add an injury or death as a result of a drunken driving accident and the outcome of a drunk driving trial could mean a very long prison sentence.

Not long ago a jury heard the initial statement from a defendant regarding a July 2008 fatal drug-related DUI crash that left a motorcycle rider dead following a head-on wreck along Route 47. According to reports, the accident occurred on a summer afternoon when Nicholas Golden slammed into the biker as the two vehicles approached each other.

February 28, 2010

New Jersey DWI News: Lower Township, NJ, Reported Fewer Drunk Driving Arrests in 2009

by Jonathan F. Marshall

Not long ago, the National Highway Traffic Safety Administration (NHTSA) reported that the number of fatal DWI-related accidents dropped from 201 dead in 2007 to 154 in 2008 – according to the NHTSA, 2008 was the last year for which complete statistics were available. Also mentioned was the drop in drunken driving arrests, which were reduced by six percent based on data provided by the New Jersey State Police.

At that time it was suggested that these decreases may have been influenced by the stiffer penalties for motorists convicted of driving under the influence of alcohol. It’s no secret that drunk driving in the New Jersey area is a dangerous activity. Police and state law enforcement agencies continue to increase the frequency of patrols, as well as instituting sobriety checkpoints, also known as drunk driving roadblocks.

As a New Jersey DWI defense lawyer, I know how expensive a drunken driving conviction can be to a person’s bottom line. This is because the penalties for DWI in the Garden State can carry heavy fines and even jail time.