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January 6, 2010

New Jersey DWI Police Blotter: Passaic County Drunk Driving Arrests and Summonses

Northern New Jersey gets its share of drunk driving arrests. Depending on the situation, drivers can be stopped for reckless driving or failure to maintain their lane, after which the officer may decide that the driver is intoxicated. When a patrolman suspects that a motorist is driving under the influence of alcohol, prescription drugs or even marijuana or other illegal substances, he may request the driver to take one or more field sobriety tests.

New Jersey DWI defense lawyer, as well as a former municipal prosecutor, I have a vast amount of experience in defending individuals who have been arrested and charged with drunken driving. While circumstances vary, many DWI arrest scenarios are quite similar. The following is a short list of recent drunk driving arrests from Clifton, NJ.

A 22-year-old Maplewood resident was arrested and charged with driving while intoxicated (DWI) in the early morning hours of December 29. According to reports, Officer Daniel Ishak approached a vehicle stopped on Clifton and Van Houten avenues around 2am and found the driver allegedly unconscious behind the wheel of this vehicle with the engine running. The officer opened the door and detected signs of intoxication, according to reports. The officer woke the man and gave him several roadside field sobriety tests, which he apparently was not able to complete. The officer arrested the driver. He was charged with DWI after recording a blood-alcohol content (BAC) of 0.16 percent on a breathalyzer.

January 5, 2010

NJ DWI Defense News: Do Heavy Fines Affect the Frequency of Drunk Driving in New Jersey?

by Jonathan F. Marshall

It’s no secret that driving while intoxicated in the New Jersey area can be hazardous to the person who has been drinking, as well as others on the road. Secondarily, the penalties for DWI in the Garden State can carry heavy fines and even jail time.

Although most people do not intend to be charged with drunk driving, the penalties for operating a motor vehicle while under the influence of alcohol are designed to penalize anyone who breaks the state’s drunken driving laws. As a New Jersey DWI defense lawyer, many of the people whom I have represented over the years are first-time drunk driving offenders.

According to the National Highway Traffic Safety Administration (NHTSA), last year 154 people were killed in automobile collisions that involved at least one intoxicated person. That figure is reportedly down from 2007, in which 201 people died in DWI-related accidents. 2008 is the latest year for which complete statistics are available. In addition, drunken driving arrests dropped six percent, based on data provided by the state police.

January 4, 2010

DWI News: New Jersey Celebrates the New Year with Dozens of Drunk Driving Arrests

by Jonathan F. Marshall

Now that we’re several days into the New Year, I’ll say it once again: New Jersey law enforcement agencies and local police continue cracking down on drunken driving around our state. New Year’s Eve may be one of the more common times to find motorists drinking and driving, but every day has the potential for many drivers to be caught driving under the influence of alcohol.

As a New Jersey DWI defense attorney, I and my staff spend our days defending people accused of driving while intoxicated or driving under the influence of prescription drugs. Whether deliberate or not, the police and society have virtually no tolerance for this kind of traffic offense. A recent news article highlighted just a few of the countless DWI arrests that occurred throughout New Jersey this past New Years.

Based on preliminary police reports, there were at least 10 drunken driving arrests on the roadways in Bergen and Passaic counties as the clock struck midnight and people from all over rang in 2010. And while it appears that DWI-related fatal accidents were down this year, there were numerous drunk driving arrests throughout the evening and early morning hours of January 1.

January 3, 2010

New Jersey DWI News: Pending Legislation could Increase Jail Sentences for Fatal DWI Accidents

by Jonathan F. Marshall

Drunken driving, or DWI (driving while intoxicated), is a serious offense in New Jersey. From Atlantic City to Newark, law enforcement agencies and state legislators are getting more and more tough with people who drive under the influence of alcohol. As a New Jersey drunk driving defense lawyer, I and my colleagues understand the dangers of driving under the influence of alcohol or prescription drugs (DUI or drug DWI).

Recently, the New Jersey state legislature has taken on the task of making those convicted of fatal DWI traffic accidents go to jail and stay there longer. These days a conviction in the Garden State for operating a motor vehicle while inebriated is an expensive proposition; killing another person while drunk usually calls for jail time — soon that jail term may be longer than many expect.

According to news reports, a bill entitled “Josh’s and Craig’s Law” could increase the penalties for motorists who cause a fatality as a result of a DWI traffic accident. The new legislation is being sponsored in the state Senate by Senator Jeff Van Drew and in the Assembly by Assemblymen Matt Milam and Nelson Albano.

The bill takes its name from Josh Moren and Craig Lozier, who died within weeks of each other in similar DWI-related accidents in Cape May County last year. The common thread, according to news reports, is that these two individuals were apparently killed by drivers who allegedly were driving under the influence of a large amount of alcohol, or a mix of drugs and alcohol.

Moren, who was 18, died in June of 2008 along Route 47 in Middle Township just three weeks after graduating from Sacred Heart High School. He was killed by 48-year-old Laura Lippie of Bridgeton, NJ. Lippie is currently serving more than sevens years in prison at Edna Mahan Correctional Facility for Women.

According to news articles, the new law would mandate a minimum sentence of 10 years for an DWI offense involving high levels of intoxication, such as Lippie was convicted for. Based on court records, Lippie pleaded guilty to having spent the day before the accident drinking vodka. Her blood-alcohol content (BAC) at the time of the accident was measured at 0.37 percent — more than four times the legal limit.

Several weeks after Moren was killed, Lozier was hit by a drunk driver as he was riding a motorcycle on Route 47 near his home in Cape May Court House. Police reportedly filed DWI and drug possession and distribution charges against Nicholas Golden, the driver who hit Lozier. Golden was subsequently indicted on first-degree aggravated manslaughter charges, which carries between 10 and 30 years in prison. At the time of the news article, Golden was free on bail pending trial.
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December 29, 2009

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

by Jonathan F. Marshall

More than a half million people live in Monmouth County, NJ. At 1,300 people per square mile, the number of DWI arrests can be staggering. Police pull over dozens of drunk drivers every week, many of which are convicted of driving while intoxicated, then fined and even sentenced to some jail time. As a New Jersey DWI defense attorney, my law firm has broad experience defending individuals accused of driving under the influence of alcohol, as well as those motorists charged with drug DUI.

Local police departments as well as state law enforcement agencies throughout the Garden State have demonstrated a rather low tolerance for motorists who are caught driving while intoxicated. The following police blotter listing is just a sampling of the various types of DWI and drug DUI arrests that my office handles throughout the year.

Tinton Falls

December 26, 2009

New Jersey Drinking and Driving Defense Update: Underage DWI and its Consequences

by Jonathan F. Marshall

In New Jersey the law covering underage drinking and driving leaves little to the imagination. An individual must be 21 years of age or older to buy, be in possession or consume any type of alcohol-containing drink or beverage. In short: underage drinking is unequivocally defined as illegal. Because the state has such a strong stance against underage drinking, the legal consequences for this activity are severe under New Jersey law, especially when it comes to operating a motor vehicle while under the influence of alcohol.

Whether or not a youth is stopped for DWI, simply being convicted of drinking as a minor could affect that child’s future driving privileges. As a New Jersey drunk driving defense lawyer, I know the negative impact that DWI and underage DWI can have on an individual now and in the future. For kids, this is not an area of the law they would want to experience. As a parent, it would behoove you to talk to your child about the consequences of underage drinking and underage DWI.

In this state, if a person under 21 years old is arrested for purchasing or consuming an alcoholic drink in an establishment licensed to sell alcohol, he or she could be fined $500, as well as lose their driver’s license for up to six months. Parents take note here, because even if your child does not yet have a driver’s license that potential suspension will start when the youngster is first eligible to receive his or her license. Furthermore, a young person who violates underage drinking laws may also be required by the court to attend an alcohol treatment or education program.

December 23, 2009

Arrested for Drunk Driving in New Jersey? A DWI Conviction is a Multi-step Process

by Jonathan F. Marshall

As a New Jersey drunk driving defense lawyer my job is to help motorists accused of DWI or driving under the influence of alcohol. My office also handles drug DUI (driving under the influence of prescription drugs, as well as marijuana and other substances). The road to a drunk driving conviction is now necessarily a long one, but it has many steps. I’ll outline the process here to help explain the usual stages of a DWI case.

Arrest
Whether you live in Newark, Atlantic City, Trenton or any of the dozens of cities and towns throughout the state, every DWI charge starts with an arrest. You should know that for a drunk driving traffic stop to be valid it stop must be supported by what the law defines as reasonable suspicion that a motor vehicle violation has been committed.

As per State v. Carpentieri, New Jersey’s Supreme Court held that a police officer must have an articulable and reasonable suspicion that a traffic law violation has in fact occurred before he or she may effect a DWI stop. Furthermore, once a motorist is stopped, that law enforcement officer must have probable cause to believe the driver of the vehicle is intoxicated before he or she can make an arrest and conduct a breathalyzer test.

Bear in mind that there is no right to advice from counsel at this early stage and therefore an attorney, in particular, an experienced DWI lawyer, will be of no assistance at this point in time.

Arraignment
The next step following an arrest for DWI, DUI, or breath test refusal in New Jersey is the arraignment. During this step, the defendant receives a Complaint. Once the Complaint is filed, the defendant makes his or her initial appearance at arraignment where the court informs the defendant of the charges. At this same time, the defendant is informed of his rights under the law and then he or she will enter a plea of guilty or not guilty.

If you hire a drunk driving defense lawyer to represent you, the initial appearance can normally be waived. The arraignment can be “adjourned” by the attorney sending a letter of representation to the Court advising it that you are represented, were advised of your rights, and that you are entering a “Not Guilty” plea.
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December 19, 2009

Seton Hall Lifts Suspension on Player Arrested for DWI Injury Accident on Garden State Parkway

by Jonathan F. Marshall

It doesn’t affect his legal troubles related to a November 9 drunk driving accident on New Jersey’s Garden State Parkway, but Seton Hall’s lifting of Keon Lawrence’s suspension will allow him to play in the upcoming game against Temple University. As a New Jersey DWI defense attorney, I’ve seen numerous athletes and other personalities take liberties with their fame, but there is no mistaking that everyone needs professional legal counsel when it comes to drunk driving-related traffic offenses, especially when they involve an injury accident.

According to reports, the 22-year-old Lawrence was initially suspended from the Seton Hall Pirate’s basketball team following an alleged DWI accident on Garden State Parkway near Newark, NJ. Police reports show that the player’s vehicle was heading the wrong way on the parkway when it collided head on with another car driven by 56-year-old Kenneth Smith. Fortunately, neither driver sustained life-threatening injuries, although Lawrence suffered facial injuries and was taken to a local hospital for treatment.

Police apparently based the drunk driving charge on an investigation of the crash scene, but not on any direct evidence of alcohol in Lawrence’s body. Blood tests from the hospital were not initially available that day. To compound Lawrence’s problems, he was also reportedly driving on a suspended license.

December 17, 2009

New Jersey DWI and Drug DUI Police Blotter: North Arlington and East Rutherford, NJ

by Jonathan F. Marshall

Because of my background as a New Jersey drunk driving defense lawyer and former DWI prosecutor for numerous local municipalities, I and my firm have the experience to help those drivers accused of driving while intoxicated in the Garden State. Hundreds of drunk driving arrests happen each month. Bergen County, like all parts of New Jersey, gets its fair share of drunken driving traffic offenses every single week.

My stance is that any individual who is charged with DWI, prescription drug or illicit drug DUI, or breath test refusal should retain a qualified drunk driving attorney to see their case through our complicated judicial system. The following police reports are just a small sampling of the typical DWI and marijuana and drug DUI cases that our courts see every year.

North Arlington
A 41-year-old man from Kearny, NJ, was arrested on a recent Sunday evening for driving under the influence, as well as careless driving. The arrest came after a vehicle crash near Union and Schuyler avenues. Based on a 911 call from a local resident living on Union Avenue, police responded to the scene of a red Kia Sportage SUV, which had apparently struck a telephone pole. Officers found the driver at the scene with his vehicle, which police report had front-end damage. According to police, the driver failed the field sobriety test, after which his vehicle was impounded. The man was released on summonses to a responsible party.

A local woman was arrested in the early morning of Sunday November 29 for driving while intoxicated. According to police reports, officers had driven the 27-year-old home due to her intoxication earlier in the evening, but later discovered her driving along Belleville Turnpike at Argyle Place. Officers pulled the woman over and requested she perform a field sobriety test, which she failed. Her white Honda was impounded and she was released on DWI summonses to a responsible party.

A 32-year-old Union City man was arrested Friday, December 4, in the early morning hours for DWI and careless driving. The arrest occurred following a motor vehicle stop on Ridge Road just off the Belleville Turnpike. Police reported that the man failed a field sobriety test. His car was impounded and it was found that he had a $50 traffic warrant out of Montclair. He was released on summonses to a responsible party after posting bail.
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December 15, 2009

New Jersey DWI News: Motorist Picked Up for Drunk Driving Twice in One Evening

by Jonathan F. Marshall

Trying to make the best of a situation is one thing, but being stopped for driving under the influence of alcohol twice in the same day is not my idea of good planning. Like most DWI arrests, the story of a recent motorist’s unfortunate experience in Vineland, NJ, points up the most important fact — trying to handle things yourself can get you in big trouble especially if you try to pull one over on the police. As a New Jersey drunk driving defense attorney, my firm is dedicated to helping those drivers who find themselves on the wrong side of the law.

In this recent case, Sasha R. Kissoondath was reportedly observed by police speeding in his pickup truck along South Delsea Drive near Elm Road. Officer Nicholaos Dounoulis reported that he saw Kissoondath’s just before 2:30am and tried to catch up to the man’s vehicle. The officer finally closed on Kissoondath as he pulled up to his residence on LaValle Avenue.

According to reports, the 35-year-old then got out of his vehicle and walked inside his house, although the officer noted that his walking appeared unsteady as he ignored the officer’s orders to stop. Dounoulis knocked on the door of the residence several times, but Kissoondath reportedly refused to come out.