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September 30, 2009

Atlantic County Man with 0.00 Percent BAC Sues over Northfield Drunk Driving Charge

A man initially arrested for DWI at a sobriety checkpoint in November 2008, the charges for which were dropped four months later, has sued for wrongful arrest. As a New Jersey DWI defense attorney, I have represented clients over the years who have faced similar circumstances. In the case of Tyrone Foxworth’s drunk driving arrest, the claimant says that Officer Kristina Ramsi falsely arrested the Somers Point man and caused him to be prosecuted in a malicious fashion, thus violating his rights under both the Fourth and Fourteenth amendments of the United States Constitution.

According to reports, this individual was still charged with drunk driving even after Foxworth’s blood alcohol content (BAC) registered a reading of 0.00 percent via a Breathalyzer test at the Northfield police station just 15 minutes following his arrest at the checkpoint. Police records show that no blood or urine was taken for a drug test at time, because there was no drug-recognition expert available that evening.

Based on news accounts, Foxworth was driving with two friends when his vehicle was flagged down at a multi-jurisdictional DWI checkpoint along Shore Road around 3am on Thanksgiving morning. As per standard procedures, every fifth vehicle was being flagged and pulled over, according to police. The complaint states that Foxworth was instructed to pull into a secondary check area by Absecon Officer James Laughlin.

September 28, 2009

More Underage DWI Arrests Pepper Morris County, New Jersey, in Early September

by Jonathan F. Marshall

A recent underage drinking sting operation in Middlesex County shows how New Jersey is trying to crack down on minors buying alcohol. If a young person drives under the influence of alcohol, the police can also charge him or her with underage DWI. New Jersey has a zero-tolerance policy in this regard, which means that it is illegal for an individual under 21 years of age to have any alcohol in their system while operating a motor vehicle. For comparison, the legal limit for adults is 0.08 percent blood-alcohol content (BAC).

As a New Jersey drunk driving defense lawyer, my office represents teenagers and young adults who have been caught drinking and driving. An underage DWI conviction is serious and can affect a person’s future in many ways. This is why I always recommend that any young person accused of DWI or underage drinking get professional legal help right away. A recent news report compiled a number of underage drinking and alcohol possession arrests by Madison police.

On September 2 just after 10pm, Patrolmen Kenneth Shannon and Sean Plumstead arrested 18-year-old Matthew B. Faberzak of Farmingdale and charged him with attempted purchase of alcohol while underage. The officers saw Faberzak leaving Rose City Liquors without making a purchase and inquired with the counter person as to the circumstances. Faberzak reportedly presented an ID belonging to a family member but was unable to produce a second form and was denied his purchase. After a brief investigation, officers stopped Faberzak in the Stop and Shop parking lot. Faberzak was placed under arrest and later released pending his court appearance.

September 27, 2009

Morristown Court Levies 41-year License Suspension on Repeat New Jersey DWI Driving Offender

by Jonathan F. Marshall

An East Ruther ford man was sentenced to 4 1/2 years in prison by a Morris County, NJ, court on September 18 in the culmination of more than one dozen drunk driving convictions and 78 license suspensions over his driving career. Shaun P. Campbell, 40, was sentenced in Superior Court, Morristown, for the auto wreck in Morris Township that he caused while driving under the influence of alcohol this past April, as well as two other DWIs and driving while suspended he accumulated in Wayne and Pequannock in 2008.

As a New Jersey drunk driving defense lawyer and former municipal prosecutor, I must say that this is one of the most active drunk drivers to come through this state’s court system in a while; which is likely why the Morris County Assistant Prosecutor Brian DiGiacomo requested “enhanced penalties” for Mr. Campbell, and why the court obliged by suspending the defendant’s driver’s license for an astounding 41 years.

Equating the dangers of Campbell’s drinking and driving with the actions of a violent criminal, the court held up his 16 DWI convictions and 78 license suspensions as justification for the sentence, which included a 4 1/2-year prison term, more than $9,000 in fines and the near half-century license suspension.

September 25, 2009

Middlesex County Man Gets 8 Years in Prison for DWI Traffic Death of Perth Amboy Cop

by Jonathan F. Marshall

A Woodbridge, NJ, man was sentenced to eight years in prison recently for a fatal drunk driving accident that killed a Perth Amboy patrolman. Sean McGuirk, 25, received his sentence in a New Brunswick courtroom on September 17 for the August 2008 crash that killed 31-year-old Thomas Raji and injured two other people. Although there are many kinds of drunk driving charges, as a New Jersey DWI defense lawyer I will say that the most serious cases involve injury accidents and fatal wrecks.

McGuirk’s sentence also shows what can happen when a motorist drives drunk and kills a law enforcement officer. This case was tragic and can only serve as a reminder that drinking heavily and operating a motor vehicle are not compatible.

On August 21, 2008, McGuirk was admittedly drunk when he left the Big Shots Bar in Woodbidge and got into his car. According to court records, he had been drinking for four hours starting around 11pm. He said he had “five or six drinks” before leaving for home at about 3:30am. He had testified that he also had alcohol in his car.

September 23, 2009

Women Drivers Making Up a Larger Percentage of DWI Arrests in New Jersey, Nation

by Jonathan F. Marshall

As a New Jersey drunk driving defense lawyer, I defend numerous clients accused of driving under the influence of alcohol. Many of these people made the simple mistake of having a few drinks and then deciding to drive without giving due consideration to their condition. The penalties for driving while intoxicated in New Jersey can be quite hefty, and recently more and more women are finding out what it’s like to be stopped for DWI. According to a recent news article, there seems to be an uptrend in the number of female drivers being arrested for drunk driving.

At The Law Offices of Jonathan F. Marshall, we have commented on a number of DWI injury cases involving women. Recently, a Westfield, NJ, woman was charged with second-degree aggravated assault with a motor vehicle for hitting a pedestrian just outside a Lord & Taylor store; she was allegedly drunk at the time.

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September 22, 2009

New Jersey Drug DUI-DWI Update: Police Blotter for Mercer, Middlesex and Somerset Counties

by Jonathan F. Marshall

The drunk driving defense lawyers from The Law Offices of Jonathan F. Marshall defend New Jersey Motorists against DWI, breath test refusal and drug DUI charges. The following police reports for communities in Mercer, Middlesex and Somerset counties reflect the types of cases my firm typically handles on a regular basis. A conviction for driving under the influence of alcohol can severely impact a person’s current job and future career prospects, not to mention his or her standing in the community, as well as personal and business relationships.

West Windsor

According to reports, a resident of Cranbury, NJ, attempted to evade police on foot following a traffic stop for speeding on Old Trenton Road. The 41-year-old was chased down and eventually apprehended with the help of East Windsor police. Charged with speeding, reckless driving, driving an uninsured motor vehicle, operating a vehicle on a suspended license and attempting to elude police, the suspect also allegedly was in possession of a hypodermic syringe and reportedly had an open container of alcohol in his car vehicle.

A Langhorn resident was stopped on suspicion of drunk driving at South Lane and Village Road East. Following the traffic stop, police found the driver to be 19 years of age and charged him with underage DWI

A 29-year-old from Dayton was charged with drunken driving following a traffic stop on northbound Route 1 at Quakerbridge Road. The man was stopped for speeding and observed to be intoxicated, according to police. He was also issued summonses for speeding and reckless driving.

During a routine traffic stop on Quakerbridge Road near Nassau Park Blvd, a 25-year-old Pennsauken resident was charged with possession drug paraphernalia, including a hypodermic needle and after a traffic stop.

Plainsboro

A Princeton man was charged with driving under the influence of alcohol after police responded to a single-vehicle crash in the early morning hours on Sayre Drive. Police arrived on scene around 2:30am and found a 56-year-old man asleep behind the wheel of his white 2001 Lexus, which was parked on a landscaped island after apparently striking a tree. According to reports, the man was determined to be highly intoxicated and was therefore charged with DWI, failure to submit to a chemical breath test, reckless driving, careless driving, improper parking and failure to wear a seat belt.

A 38-year-old man from Lambertville, New Jersey, was charged with DWI after a late-night traffic stop on southbound Route 1. The motorist was pulled over at about 10:30pm after he didn’t dim his high beams while passing a police officer, according to police. During the traffic stop, he was found to be intoxicated and was issued summonses for DWI, reckless driving, and failure to dim high beams.

September 21, 2009

Madison, NJ, Police Respond to Traffic Accident, Arrest Driver for Underage Drunk Driving

by Jonathan F. Marshall

A recent three-car accident in Morris County, New Jersey, resulted in an underage DWI arrest on September 10. During his normal patrol, Patrolman Michael Minni noticed what he discerned to be a loud explosion just before noon on Main Street in downtown Madison. Arriving to investigate, Officer Minni happened on three cars involved in an apparent traffic accident. As a New Jersey drunk driving defense attorney, my law firm represents many clients charged with DWI or drug DUI.

When drunk driving leads to an accident with or without injuries, there is always added effort expended by law enforcement personnel to determine the exact cause and nature of the wreck. In this case, the police found that one of the drivers involved in the collision was under the influence of alcohol.

According to reports, a 19-year-old Springfield man failed to stop, rear-ending a vehicle that was already stopped in traffic. The driver, Brian J. Smith, indicated that his passenger, 20-year-old Steven M. Decter, had left the accident scene following the crash. Police arrested Smith and transported him to headquarters for processing.

September 19, 2009

Drunk Driving Checkpoint Scheduled in Monmouth County, NJ, Tonight

by Jonathan F. Marshall

Summer may be over, but New Jersey’s law enforcement agencies are still hard at work looking for motorists who are driving under the influence of alcohol (DWI) or drugs (DUI). A sobriety checkpoint is scheduled for this evening near Belmar, NJ. According to a news report, the Monmouth County drunk driving task force, with cooperation from the New Jersey Division of Highway Traffic Safety, will be pulling vehicles over between the hours of 11pm Saturday night and 3am Sunday morning along the southbound lanes of New Jersey’s Route 35 in Belmar.

As a New Jersey DWI defense lawyer, I am very familiar with the police department’s use of sobriety checkpoints. Sometimes referred to as roadblocks, they are commonly used to identify drivers impaired by alcohol, or prescription or illegal drugs. As part of these sobriety roadblocks, police usually request drivers suspected of driving while intoxicated to take one or more field sobriety tests.

Also on hand is usually a breath-testing device, like the Alcotest machine, which is used to determine the specific amount of alcohol in a person’s bloodstream. The legal blood-alcohol content (BAC) in New Jersey is 0.08 percent.

September 18, 2009

New Jersey DWI News: Hanover, Jefferson and Morris Township Police Blotter

by Jonathan F. Marshall

As we slowly transition to fall there is still a great deal of sunshine and warm evenings to enjoy. The persistence of weekend parties and late-night gatherings will likely result in numerous drunk driving arrests throughout the Garden State by local and state law enforcement officers. As a New Jersey DWI attorney, I make it a habit to warn friends and associates to drink responsibly and utilize the services of a designated driver whenever necessary.

Morris County communities were recently in the news regarding police reports of intoxicated drivers stopped for driving under the influence of alcohol and prescription drugs, sometimes even illegal drugs. The following are some examples.

Hanover Township
A recent drunk driving checkpoint netted several drivers charged with DWI by the Hanover police between Thursday, September 3, and the following Friday. News reports describe a 47-year-old man from out of state who was arrested and charged with possession of marijuana and possession of drug paraphernalia, as well as being issued a motor vehicle summons for possession of drugs in a motor vehicle. A second driver, as 37-year-old Wharton resident was stopped and charged with DWI and driving with a suspended license. Finally, a 61-year-old driver from North Caldwell, NJ, was arrested for drunk driving, as well as reckless driving.

An East Hanover resident was arrested for DWI in the early morning hours after she was pulled over for making an illegal turn on Route 10. According to reports, the 27-year-old woman was arrested after failing several sobriety tests, after which she was taken to police headquarters for a breath test. She was released to a friend after receiving summonses for DWI and making an improper turn.

Jefferson Township
A 24-year-old Wantage resident was stopped by police after the woman’s car struck a guardrail on September 10. She was arrested by police and charged with driving while intoxicated, as well as receiving numerous motor vehicle summonses. Police reports show that the woman was taken to St. Clare’s-Dover Hospital to be treated for minor injuries and was released, pending a municipal court appearance.

A 20-yeal-old local resident was charged with DWI and underage drinking during a motor vehicle stop on Espanong Road on September 7. According to police, the young man was cited and released, pending a court appearance.
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September 17, 2009

Union County Woman Faces Jail Time in 2nd Degree Vehicular Assault DWI Injury Accident

by Jonathan F. Marshall

Complicating a DWI charge in New Jersey with an injury accident is not a good idea. Injuring other passengers in your car or occupants of another vehicle while driving under the influence of alcohol is bad enough, but hurting a pedestrian while driving in an intoxicated state can put you in a very difficult situation. This is why having an experienced New Jersey drunk driving defense lawyer at your side is very important.

Not long ago, a car driven by a local woman struck a Lord & Taylor employee on a pedestrian crosswalk just outside of the department store in Westfield, NJ. The victim, Gina Marotta from Clark, New Jersey, was taken Newark’s University Hospital where she underwent surgery for a broken arm, a broken leg and head injuries.

Police investigating the accident alleged that the driver, Leslie Boughner, was intoxicated at the time of the accident. Charged with second degree aggravated assault with a motor vehicle for the August 5 accident, Boughner surrendered herself to the police following the investigation which started hours after the accident.