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February 25, 2010

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

While it is true that not all DWI arrests and drunken driving summonses result in a conviction for driving while intoxicated, a percentage of New Jersey motorists cited for driving under the influence of alcohol are found guilty. As a New Jersey drunk driving defense attorney, I and my colleagues handle dozens of drunk driving, breath test refusal and drug DUI cases every month.

Whether you have been arrested for DWI or for operating a motor vehicle under the influence of illicit or prescription drugs, it is advisable to retain the services lawyer. The following selection of recent drunken driving incidents illustrates the possible scenarios of DWI arrests and other DWI-related charges.

Whether you live in Newark, Trenton, Atlantic City or any of the other cities and towns throughout New Jersey, remember that a DWI conviction will likely affect your life in an adverse way.

A 27-year-old Lyndhurst motorist was arrested for driving while intoxicated (DWI) in late January. The incident occurred just before 2pm, according to police reports. Two police officers stopped the driver for speeding on Route 3 near Passaic Avenue. While interviewing the man, the officers allegedly detected signs of intoxication. They reportedly administered several field sobriety tests, which the driver was unable to pass. He was arrested and charged with DWI after registering a blood-alcohol content (BAC) of 0.31 percent on a breath-testing device. He was also issued summonses for speeding, failure to wear a seatbelt and failure to maintain his lane.

A Clifton resident was pulled over and arrested in the morning of January 30. According to police reports, officers responded to Van Houten Avenue on a report of a possible drunk driver in a 2006 Chevrolet. At the scene the officers found the vehicle and questioned the 26-year-old driver. During this time, the officers apparently detected signs of intoxication. They arrested the man who only registered a 0.02 percent BAC on a breath test machine. After officers searched the man, they allegedly found the drug Xanax on his person. During the questioning, the motorist admitted to having taken Percocet, Vicodin and two Ambien pills before getting into his car and driving. He was charged with possession and use of CDS (controlled dangerous substance). He was also charged for having an outstanding warrant.
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February 19, 2010

NJ Drunk Driving News: Police Report Multiple Drunk Driving Arrests in Clifton, New Jersey

by Jonathan F. Marshall

Many drunk driving arrests occur out of coincidence, usually when a police officer spots a motorist weaving in his or her lane, or executing an excessively wide turn. While these can appear to be seemingly minor traffic violations, they can typically open the door to a routine traffic stop that can easily become a DWI arrest. Depending on the amount of alcohol consumed, motorists can easily find themselves undergoing a breath test at the local police department.

The following are some recent examples of arrests in Passaic County as reported by the local news media. As a New Jersey drunk driving defense attorney, I know that even a single conviction for driving while intoxicated can turn a person’s world upside down. Not only can a DWI place your personal relationships in jeopardy, the future of your business or career could also be negatively affected.

Drug DUI Arrest

February 17, 2010

New Jersey Drunk Driving Defense Update: NJ Appelate Court Upholds Speedy Trail Rule for DWI Cases

by Jonathan F. Marshall

If the state of New Jersey is going to prosecute drunk drivers with the same zeal as it goes after criminals, the same basic rules of law should apply to both types of cases. Recently, the Appellate Division of New Jersey’s Superior Court ruled that even defendants charged with driving under the influence of alcohol deserve a fair and speedy trial. As a New Jersey DWI defense lawyer, I have personally experienced the delays that occur with many drunken driving cases every year.

According to court records, the appellate court decided late last year that speedy trials are the right of everyone caught up in the state’s judicial system. Based on reports, the court overturned a DWI conviction simply because the prosecution allowed the defendant’s case to be dragged out for almost one year.

The decision was released in December essentially ruling that the guarantee of a speedy trial in the Bill of Rights also applies to cases of drunk driving. Unfortunately for motorists accused of driving while intoxicated, courts have been known to generally ignore most of the constitutional protections when it came to DWI cases. For example, the US Supreme Court swept aside the Fourth Amendment right of innocent drivers to be free from warrantless searches so that DWI checkpoints could be conducted.

February 15, 2010

New Jersey DWI Police Blotter: Essex and Monmouth County Drunk Driving Arrests

by Jonathan F. Marshall

As a representing New Jersey motorists charged with driving under the influence of alcohol, I have handled hundreds of cases involving individuals who drove drunk and had an accident while intoxicated. The state of New Jersey provides stiff fines and jail time for many motorists who operate a vehicle while impaired by beer, wine or hard liquor.

Driving under the influence of prescription drugs (drug DUI) will also cause a driver trouble if pulled over by a state, county or municipal law enforcement officer. Regardless of the circumstances, for a traffic stop to be valid it must be supported by the police officer’s reasonable suspicion that a motor vehicle violation has occurred. Under State v. Carpentieri, the New Jersey Supreme Court held that law enforcement officers must have an articulable and reasonable suspicion that a violation of traffic law has happened.

Once an individual is stopped the police must have probable cause to believe the driver is intoxicated before they can make an arrest and conduct a breathalyzer test – usually using an Alcotest measuring device. Remember that there is no right to advice from counsel at this early stage in the DWI process.

February 12, 2010

NJ Drunk Driving News: Middle Township saw most DWI Cases in Cape May County

by Jonathan F. Marshall

Recent statistics released for Cape May County indicate that Middle Township saw the most DWI cases than any other municipality in the county. Out of 477 drunken driving cases throughout the county, Middle Township had 82 cases — this translates to 17 percent of the entire county’s driving while intoxicated prosecutions.

As a New Jersey drunk driving defense attorney and former municipal prosecutor, I understand the techniques that the township’s attorneys typically use to secure a conviction for driving under the influence of alcohol. Based on the recent news article, Ocean City saw the most court cases overall, but lagged behind Middle Township by nearly three dozen DWI cases.

On a percentage basis, DWI cases accounted for less than one-half percent, while in Middle Township drunk driving accounted for just over two percent of all court cases. Although Upper, Lower and Dennis townships all had less DWI cases, the percentage of drunken driving prosecutions out of all cases exceed that of Middle Township.

February 10, 2010

Atlantic County, NJ, Motorist Arrested for Fleeing Scene of a Drunk Driving-related Traffic Accident

by Jonathan F. Marshall

Lower County Police recently reported the arrest of a Mays Landing, NJ, man in connection with an early morning car crash on January 23. Based on news reports, 41-year-old Joseph W. Rothenberger was allegedly intoxicated when he crashed his 2004 Mercedes Benz into a tree. Police investigating the accident presume that Rothenberger left a North Cap May residence and was traveling northbound on Deborah Avenue at a high rate of speed. He reportedly crashed his vehicle in the 200 block of Suzanne Avenue when he apparently lost control and ran off the roadway.

As drunk driving defense lawyers, I and my colleagues have seen this kind of DWI scenario played out again and again all across New Jersey. In this instance, police reports indicate that the supposedly drunken man’s vehicle crossed the curb and drive over a sidewalk, eventually ending up in a neighbor’s yard and causing substantial damage to the lawn and a chain link fence before hitting a tree.

Police allege that the driver attempted to flee on foot from the scene of the accident. According to reports, Rothenberger was detained by several other neighbors in the area and held until police arrived. The neighbors indicated that a male and female passenger in the back seat of the vehicle also fled the scene of the accident and apparently ran back to the residence on Deborah Avenue.

February 7, 2010

New Jersey Drunk Driving News: Former NJ Nets Player Must Wear Alcohol Monitor following DWI Accident

by Jonathan F. Marshall

When it comes to arrests for drunken driving the law does not discriminate between well-known and famous personalities and the everyday man or woman. In New Jersey, whether you live in Bergen, Union, Monmouth or Atlantic counties, an arrest for driving under the influence of alcohol can have a negative impact on a person’s life and livelihood. A drunk driving conviction can haunt someone for years, if not for the rest of your life.

As a New Jersey DWI defense lawyer, I have represented a range of persons accused of driving while intoxicated. In a court, everyone should be treated equally in the eyes of the law. Recently, news reports covered the drunken driving arrest of former New Jersey Nets basketball player who allegedly crashed his vehicle into a tree in the Manhattan area in early January.

According to news articles at the time, retired NBA player, Jayson Williams suffered cuts to his face and a small fracture to a bone in his neck after allegedly running his Mercedes sport utility vehicle into a tree just after 3am. He was subsequently transported to Bellevue Hospital for treatment of his injuries.

February 5, 2010

New Jersey DWI Police Blotter: Montclair, NJ, Drunk Driving Arrests

by Jonathan F. Marshall

Traffic stops for drunk driving occur every day in New Jersey. The state police and local law enforcement agencies have no tolerance for motorists caught operating a motor vehicle under the influence of alcohol, or prescription drugs for that matter. As an experienced DWI defense attorney, I know the requirements expected of police officers when it comes to drunk driving arrests. I also have a detailed knowledge of the methods and strategies used by prosecutors in their pursuit of a conviction for driving while intoxicated.

Whether a person is pulled over on the parkway or a city street, the patrolman will most likely request that the individual perform a number of field sobriety tests. Another way that someone can be tagged for a DWI is at one of the many sobriety checkpoints, or roadblocks that are set up around the state. Regardless of the location, if the officer suspects that a driver is impaired, he will most likely request that person to take a breath test to determine blood-alcohol content (BAC) — the amount of alcohol in the bloodstream.

The following are some news items involving drunken driving arrests in the Montclair area. They are just examples of the typical situations that begin a process that can eventually lead to a DWI or DUI conviction.

Orange Road Car Crash
A 22-year-old woman was arrested after driving her vehicle into a utility pole on Orange Road, near Canterbury Park in the early morning of January 18. According to police reports, the pole along the northbound lane was split when it was struck by a 2010 Toyota Corolla driven by the suspect.

Police found the driver standing outside the ruined car and noticed that her speech was slurred. The woman had suffered a small cut to the side of her lip. Apparently the driver told officers that she had one mixed drink with vodka before driving. After she failed several sobriety tests, she was arrested and charged with DWI and careless driving. Her wrecked car was towed away.

Valley Road Accident
An SUV hit a parked car on Valley Road near Walnut Street around 8:30pm on January 17 — according to police the suspect’s vehicle continued away northbound on Valley Road without stopping. Officers found a 2000 Nissan Altima with damage to its rear bumper. After the owner of the vehicle gave a description of the sport utility vehicle to the police, officers made a search of the area.

Driving along Upper Mountain Avenue, the patrolmen found a damaged Nissan Pathfinder with its hazard lights flashing. They saw a woman standing outside the truck, talking on her cell phone.

Officers asked the woman how her truck’s front bumper had been damaged. The 42-year-old driver said the vehicle had been involved in an accident a week ago, but was uncertain as to where it had occurred. The officers noticed that the driver appeared to be slightly off-balance and admitted that she had been drinking “a little,” according to the police report.
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February 3, 2010

Off-duty NJ State Police Sergeant Charged with DWI, Breath Test Refusal after Warren County Crash

by Jonathan F. Marshall

Having worked both sides of the aisle as a former New Jersey municipal prosecutor and now as a drunken driving defense lawyer, I am always appalled whenever I hear of a law enforcement officer being arrested for any alleged crime. Not long ago, an off-duty sergeant of the New Jersey State Police was charged with DWI as well as refusal to submit to a breath test following a traffic accident in Warren County, NJ.

Over the years, I have worked closely with the police all across New Jersey, so I understand how much pressure their job can entail. However, as a DWI defense attorney I find it the height of hypocrisy when a police officer fails to live up to the standards that all citizens are expected to observe. In the recent case of this officer’s arrest for driving under the influence of alcohol, the incident also involved a traffic accident with alleged injuries.

According to news reports at the time, the officer was suspended pending an investigation into the December 17 drunk driving-related two-vehicle crash on Route 517 north of Hackettstown. According to police reports, Sgt. Steve Pelligra, 45 was suspended without pay. Pelligra is assigned to state police at Hope Township.

January 28, 2010

New Jersey DWI Defense Update: Law Now Requires Breathalyzer Ignition Interlock for First-time DWI Convictions

by Jonathan F. Marshall

New Jersey has added another weapon to its arsenal of drunk driving laws, making even first-time DWI convictions more onerous for those caught driving while intoxicated. As a New Jersey drunk driving defense attorney and motorist myself, I’ve seen the aftermath of accidents caused by impaired drivers. At the same time, I also understand how even a single DWI or drug DUI conviction can haunt a person for many years to come.

The latest law coming out of Trenton last week now makes it mandatory that anyone convicted of a drinking and driving offense must have their vehicle fitted with a breathalyzer ignition interlock device. Not only does the stigma of a DWI conviction cost an individual in court fines and increased insurance premiums, now there is the added embarrassment and inconvenience of starting one’s vehicle. All of which makes it imperative to seek the services of a DWI defense lawyer.

According to reports, legislation has now been passed and signed into law by acting Governor Sweeney to add mandatory ignition interlocks for all drunk driving offenses in New Jersey. Known as “Ricci’s Law” in honor of the Egg Harbor Township teen killed by a hit-and-run drunk driver, the bill was signed into law on Thursday, January 14.