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September 15, 2009

Intoxicated Out-of-state Driver Charged Vehicular Homicide in Fatal Cape May County Car Crash

Accidents happen, that’s a fact of life. But fatal automobile accidents involving alcohol or drugs is another matter altogether. Last weekend, a 37-year-old man allegedly driving drunk hit a New Jersey family traveling on State Highway Route 9 near the intersection of Bennett’s Crossing in Cape May County, killing a husband and father of three.

As a New Jersey DWI defense attorney, I have represented individuals caught up in similar accidents. Fatal auto accidents involving drug or alcohol intoxication receive very close scrutiny by law enforcement authorities. Having a qualified drunk driving defense lawyer working for you is essential in cases like this one. The facts of this particular case are difficult to dispute.

According to police reports, around 8:30 in the evening of September 5, John J. Lawless from Philadelphia was driving in the northbound lane of Route 9 approaching Bennett’s Crossing in Lower Township, NJ. News accounts said that his car apparently failed to follow the slight curve in the road. Entering the southbound lane, Lawless struck, almost head-on, an oncoming vehicle driven by 50-year-old Fredrick H. Shelton.

September 13, 2009

New Jersey Drunk Driving News: Hillsborough Township DWI Police Blotter

by Jonathan F. Marshall

It’s not unusual for New Jersey drivers to be stopped for drunk driving if they exhibit signs of intoxicated driving. Some of these signs include failure to stay in one’s lane, excessive speed, driving markedly below the posted speed limit, careless driving, erratic vehicle operation, etc. Of course, many of these can also be attributed to other situations not involving drinking and driving. For this reason alone, as a New Jersey drunk driving and drug DUI defense attorney, I can say that not every traffic stop results in a DWI summons.

There are cases where the police will stop a driver based on observations of the person’s vehicle, then submit the individual to a field sobriety test if the officer believes that driver is intoxicated. Everyone deserves the opportunity to have their day in court. Retaining an experienced DWI attorney is the first step toward contesting a drunk driving summons or breath test refusal. The following are several examples of recent DWI and drug DUI arrests in the local area.

A 46-year-old man from Matawan was pulled over for straddling the dashed white line and driving in both eastbound lanes on Amwell Road in the early morning hours of August 16. Police reportedly charged the man with driving while intoxicated and failure to maintain the lane. After being taken into custody, the man failed several field sobriety tests. Officers took him to police headquarters where he was found to have a blood alcohol level of 0.20 percent — nearly three times the legal limit in New Jersey.

Following a call by a local resident who reported being woken up by a crash in front of his house, police responded to an alleged hit-and-run accident in Deer Path. According to reports, the caller told police that he heard the sound of a vehicle driving across the yard. The car belonging to a 20-year-old Deer Path man reportedly had jumped the curb and struck a tree in a neighbor’s yard, before traveling across the driveway and grass. The driver was later found in his vehicle parked in his garage, along with evidence that the car had recently been in an accident. Police took the man into custody after he failed several field sobriety tests. At police headquarters, he was found to have a blood alcohol level of 0.11 percent. He was charged with DWI, failure to keep right, reckless driving, leaving the scene of an accident, failure to report an accident and underage consumption of alcohol.
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September 11, 2009

New Jersey DWI News: Morris County / Sussex County Police Arrest Log

by Jonathan F. Marshall

August is always a busy time for law enforcement agencies and police departments in Morris and Sussex counties. Dozens of motorists are arrested every month on charges of driving while intoxicated (DWI) or operating a vehicle under the influence of prescription or illegal drugs (DUI). Alcohol and driving don’t mix, but occasionally individuals make mistakes. When it comes to drunk driving, those mistakes can be costly, not only in monetary terms, but also in terms of the negative impact a DWI conviction can have on one’s social and work life.

As a New Jersey drunk driving defense lawyer, I have represented may clients who have made the mistake of drinking too much and getting into a vehicle. For most of them, it is the first and last time they do that. Whatever the reason, anyone who is pulled over for driving under the influence of alcohol or prescription drugs, I highly recommend that he or she seek profession legal advice from a qualified DWI defense attorney.

The following entries are typical examples of what happens when law enforcement officers encounter drivers that exhibit characteristics of drunk driving.

Morris County
In what likely was a case of underage DWI, Police were called to a Boonton Township residence on August 8 just before 3am by homeowners who were awakened by loud noises on their roof. The homeowner went outside before police arrived and saw several juveniles throwing eggs at his home. Upon seeing the homeowner, the juveniles drove off in an unidentified vehicle. When police did arrive, officers found several empty beer cans and empty egg cartons in the area.

A potential drug DUI situation reportedly involved three people parked in a vehicle in front of a vacant home on Rockaway Drive in Boonton on August 13. Police encountered the group in the late evening hours. Approaching the vehicle, Officers detected the odor of burnt marijuana coming from the car. They also saw a plastic bag containing marijuana in the rear passenger area. Police arrested the three individuals — a 20-year-old from Parsippany and two 19-year-olds, one from Morris Plains and the other from Boonton Township — and charged them with possessing less than 50 grams of marijuana and drug paraphernalia. Two marijuana pipes were also confiscated.
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September 9, 2009

Bridgewater Municipal Judge Charged with Drunk Driving in Ocean County, NJ

by Jonathan F. Marshall

I’ve said it here before, but I’ll say it again. As a former municipal prosecutor I find it hypocritical for anyone in law enforcement or the judiciary to act in a manner that suggests they believe themselves to be above the very laws to which they hold the rest of society. Being a New Jersey DWI defense lawyer, I work with municipal judges everyday when representing clients who have been charged with driving under the influence of alcohol.

Any police officer, prosecutor or judge who doesn’t live up to the same standards he or she sets for the rest of us doesn’t deserve our respect. This all came to mind upon reading a news report covering the recent arrest of a Bridgewater municipal court judge on drunk driving charges in Lavalette, NJ.

Police reports indicate that the car Rizzolo was driving was observed swerving on Route 35. Officers from the Lavallette Police Department pulled Rizzolo over, after which he explained his actions were caused by a ringing cell phone. The patrolman advised the judge that he was going to administer several field sobriety tests, including a balance test, which Rizzolo refused to take due to a bad back and injured ankle.

September 7, 2009

Out-of-state Motorist Charged with Drunk Driving Traffic Accident in Avalon, New Jersey

by Jonathan F. Marshall

Being accused of drunk driving in New Jersey is a serious matter. Being charged with DWI as an out-of-state driver only complicates an already difficult situation. As New Jersey drunk driving defense attorneys, my firm is well versed in handling DWI cases for non-residents of the Garden State. A recent news article gives an example of how bad the situation can get for an out-of-state motorist arrested for driving while intoxicated. Fortunately there were no serious injuries or fatalities, which could have made things much worse.

According to police, a 22-year-old man was allegedly driving under the influence of alcohol when he hit two parked cars in Avalon, NJ. Police say that the Michael G. Leonard, a Pennsylvania resident, then proceeded to drive his 2006 Mazda sedan off the roadway and into a nearby driveway where the vehicle struck two additional cars. Upon reentering the roadway, according to authorities, Leonard hit three more vehicles. The incident involved a total of eight vehicles, including the suspect’s, being damaged.

The entire event occurred in the early morning hours of Saturday, August 15 on the 1800 block of Ocean Drive in Cape May County. Receiving a call from local residents of a multi-car accident, police arrived at the scene and arrested Leonard for driving while intoxicated as well as careless driving. No other people were injured, although the man was taken to Cape Regional Medical Center in Court House, NJ, for treatment of minor injuries and released.

September 6, 2009

Atlantic County Teacher Loses Job Due to Drunk Driving Injury Accident, DWI Arrest

by Jonathan F. Marshall

If you don’t think a drunk driving arrest can affect your livelihood or way of life, just take a look around. There are many people whose lives have been turned upside down due to a DWI or DUI conviction. As a New Jersey DWI defense attorney, the lawyers in my firm have a great deal of experience defending hard-working people all across the Garden State. Consider the case of a grade school teacher who lost her job as a result of an accident she allegedly caused while driving under the influence of alcohol.

According to news reports, Alicia M. Pickul, a resident of Hammonton, NJ, was arrested by police in mid-July following an accident in Dennis Township. Police reports indicate that the 27-year-old elementary school teacher was driving her Honda Accord westbound on Sea Isle Boulevard when she allegedly hit an Isuzu Rodeo from behind. The Isuzu, driven by Alexa Zauck, was traveling in the same direction as Pickul’s Honda.

Following the impact, the Rodeo crossed into the eastbound lane, overturned and rolled into an adjacent wooded area. Zauck and her passenger, Tracey Ruffino, were both trapped inside their vehicle until emergency crews from the Ocean View and Dennis Fire Departments arrived at the scene.

September 4, 2009

Bergen County, NJ, Police Blotter: DWI and Marijuana / Drug DUI News

by Jonathan F. Marshall

Everyday, New Jersey motorists are stopped by local and state police for drunk driving offenses, as well as driving under the influence of prescription or illegal drugs. As a New Jersey DWI and drug DUI defense lawyer, I and my staff of attorneys and experienced legal professionals work diligently to defend drivers wrongly accused of driving under the influence of alcohol and other substances. The following news items represent the types of cases we handle on a day-to-day basis.

East Rutherford
A Hackensack man was arrested on August 11 in the late evening for drunk driving, breath test refusal and careless driving. The 57-year-old was picked up after he was involved in an accident on Swan Court. The driver’s 1990 Mercury was impounded and he was later released to the custody of his daughter.

A man in his late 50s was arrested on July 24 for possession of cocaine, having an expired inspection sticker on his vehicle, possession of drugs in a motor vehicle and operating a car with an open container of alcohol. The arrest occurred after the man was stopped at a DWI checkpoint on Paterson Avenue and Everett Place. He was subsequently released on summonses to his wife.

A 39-year-old from Rochester, N.Y., was arrested on August 11 in the early morning hours after he made an illegal U-turn on Route 17. The man was stopped by a patrol car and charged with DWI, refusal to submit to a breath test, illegal U-turn, careless driving and failure to signal. The driver was held in the local jail until he was deemed sober.

North Arlington
An 18-year-old, 19-year-old and 16-year-old juvenile, all from Kearny, were arrested in the early morning of July for possession of marijuana. The arrest occurred following an inquiry at Fisher Field off Sixth Street where police reportedly found a large quantity of cigar materials and marijuana on the pavement in the park, plus two bags of marijuana in the suspects’ car. The adults were released on summonses and the juvenile was released to his parents.

A 39-year-old man from North Arlington was arrested on July 25 for drunk driving, refusal to submit to a breath test, failure to keep right and careless driving. The traffic stop happened on Sunset and Prospect avenues. According to reports, the man’s car was impounded and he was subsequently released to a responsible party pending a court appearance.
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September 2, 2009

New Jersey DWI News: East Brunswick Police Go Undercover to Catch Underage Drinkers

by Jonathan F. Marshall

Representing motorists charged with DWI, my staff of drunk driving defense lawyers cover much of the New Jersey area including Middlesex County. Recently, I noticed a news article that stated East Brunswick police would be working undercover in local liquor stores as part of a federally-funded effort to catch underage drinkers.

If any of those youngsters gets in a car and drives under the influence of alcohol, the police can also charge them with underage DWI. When is comes to underage drunk driving, New Jersey has a zero-tolerance policy. While the legal limit for blood-alcohol content (BAC) in an adult driver is 0.08 percent, New Jersey statute N.J.S.A. 39:4-50.14 makes it illegal for an individual under 21 years of age to have any alcohol in their system while operating a motor vehicle.

Although it is illegal for anyone under 21 to have any trace of alcohol in their system, the monetary penalties and suspension period for underage driving while intoxicated are less severe than for adults facing similar charges. An underage drinking and driving conviction in New Jersey can involve as little as 30 days license suspension, however the minimum suspension for an adult DWI is 90 days.

August 30, 2009

Somerset County Driver Arrested for Drunk Driving-related Injury Accident on Local Parkway

by Jonathan F. Marshall

A three-car wreck on Dukes Parkway in Hillsborough was allegedly caused by a local drunk driver in late August. Officers from the Hillsborough Police Department arrived at the scene shortly following the accident to find three damaged vehicles and several injured passengers. As a New Jersey DWI defense attorney, one of my first questions to any client accused of causing an accident as a result of drunk driving is, “Were there any injuries?” While an injury accident may complicate a driving while intoxicated defense, my office has vast experience with cases just like this one.

The driver charged in this particular incident is a 26-year-old woman from the Hillsborough area. According to reports, Erin Markakis was allegedly intoxicated when she failed to maintain her lane on Dukes Parkway West. The Lexus that she was driving hit a Toyota head-on, which then plowed into a nearby BMW. The accident happened during rush hour between Route 206 and Roycefield Road in Hillsborough.

According to the Somerset County prosecutor, and Hillsborough police chief, Markakis was driving eastbound on Dukes Parkway West in a 2002 Lexus RX300, while another driver, Emilyfee Yap, also a resident of Hillsborough, was heading west on same road in a 2001 Toyota Highlander. Behind the Toyota was a third vehicle driven by Penny Sweeney.

August 28, 2009

Labor Day DWI Report: Drunk Driving Sobriety Checkpoint in Mercer County this Friday

by Jonathan F. Marshall

Drivers traveling near Lawrence Township in Mercer County this Friday evening should be aware that a drunk driving sobriety roadblock will be operating along Brunswick Pike until the early morning hours of Saturday, August 29. This DWI checkpoint is part of a state and nationwide campaign to identify and arrest individuals operating motor vehicles while under the influence of alcohol.

The initiative, known as “Over the Limit, Under Arrest,” is targeting the roadways of New Jersey in an effort to pick up motorists driving with an illegal amount of alcohol in their system. The entire nationwide campaign is running from August 21 to September 7, through the Labor Day holiday.

As part of this campaign, the Lawrence Township Police Department has received funding through the New Jersey Division of Highway Traffic Safety. Law enforcement officers will be setting up a checkpoint on Brunswick Pike just south of Franklin Corner Road starting around 9:30 p.m. on Friday, August 28. The DWI roadblock will be in operation until 4 a.m. Saturday.