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August 4, 2009

Police Say New Jersey Man was Drunk when He Hit Seven Pedestrians in Big Apple

As a New Jersey DWI defense lawyer, my firm has defended many people accused of being drunk at the time of an accident. When injuries or fatalities are involved, the local police take a dim view of anyone with the mere appearance of intoxication, much less full blown drunkenness. A recent news story about a Hudson County resident illustrates how serious a drunk driving charge can be when coupled with injured victims. To make things worse for this New Jersey man, he was out of state when the incident occurred.

According to news stories, 43-year-old Ediberto Viana of North Bergen Township, NJ, lost control of his sport utility vehicle in Manhattan and drove onto the sidewalk bordering Bergenline Avenue and 57th Street on July 19. The vehicle hit a total of seven pedestrians, one of which was pinned under the vehicle until emergency crews could remove the injured from the scene.

Those hurt in the accident ranged in age from 13 to 65 years old. The most seriously injured person, a 44-year-old man, was taken to Jersey City Medical Center with compound fractures of the leg, officials said. The other victims reportedly included two sisters (13 and 15 years old), a 16-year-old girl, a 63-year-old man and a 65-year-old man and another victim of unknown age.

Police arriving at the scene determined that Viana was intoxicated at the time. According to reports, the man’s blood alcohol content (BAC) was measured at 0.22 percent, nearly three times the legal limit (0.08) in New Jersey and other states. Because of this, Viana was charged with DWI, as well as seven counts of assault by auto. Because of the extent of the injuries caused by Viana, the court set bail at $150,000, cash only, at the request fo the prosecutor’s office. Charges could be upgraded depending on how the critically-injured victim fares in the hospital.
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July 31, 2009

Breaking DWI News: Monmouth County, NJ, Sobriety Checkpoint

by Jonathan F. Marshall

A new sobriety roadblock will be set up in Monmouth County, New Jersey, beginning tonight (11pm on July 31) and remaining in effect until 3am on Saturday, August 1, 2009, in an attempt to catch drunk drivers in the Allenhurst, NJ, area. According to the Monmouth Co. DWI Task Force, which will be working in concert with the New Jersey Division of Highway Traffic Safety, the sobriety checkpoint will be screening drivers to detect those individuals operating their vehicles under the influence of alcohol and/or illicit or prescription drugs.

This latest drunk driving roadblock will be located along the northbound lanes of Main Street near Elberon Avenue, where drivers will be routed to determine their level of inebriation, if any. During the DWI stops, the task force members and officers from the Allenhurst Police Department will use standardized field sobriety testing as established by the National Highway Traffic Safety Administration (NHTSA).

In the state of New Jersey, sobriety checkpoints are typically employed by local police and other law enforcement agencies to help decrease the occurrence of alcohol-related auto accidents and fatalities across the state’s rural and urban roads, as well as on the highways and other high-traffic roadways.

July 28, 2009

Former American Idol Competitor Killed in Jersey Shore DWI Pedestrian Fatality

by Jonathan F. Marshall

The death of an innocent person is no time to say I told you so, but the recent fatal DWI accident in Ocean County involving 25-year-old American Idol contestant, Alexis Cohen, points up something that no one should ever contemplate when pulled over for driving while intoxicated. As a New Jersey drunk driving lawyer, I’m holding this incident up as an object lesson of what NOT to do. Never attempt to flee from the police. Nothing good can come of it.

In this instance, what might have been a relatively simple case of driving under the influence of alcohol coupled with a minor parking lot fender-bender instead turned into a tragic case of vehicular manslaughter. According to reports, a 23-year-old Toms River, NJ, man had left the scene of the fender-bender next to Hemingway’s Bar shortly before 4 a.m. last Saturday when his 2005 Mitsubishi Galant struck and killed Cohen, who was on foot.

The driver, Daniel Bark, allegedly hit a parked car in the lot adjacent to the bar, after which a bicycle-mounted Seaside Heights police officer attempted to stop the man. According to news reports, Bark fled west on Dupont Avenue and turned right onto Bay Boulevard, traveling north in the southbound lane. Authorities believe that this is where Bark hit the pedestrian, Ms. Miss Cohen.

July 25, 2009

Police Blotter: Bergen County Drug DUI and DWI Arrests

by Jonathan F. Marshall

Police throughout Bergen County had a number of dunk driving and drug DUI arrests during the first half of July. With an office in Jersey City, our drunk driving defense attorneys can handle your Bergen County DWI, DUI or breath test refusal case quickly and efficiently. We represent many clients who have experienced situations not unlike the following driving while intoxicated arrests published in the local press.

Carlstadt — A 56-year-old man from Ridgefield Park allegedly passed out and hit a brand new 2009 Honda Accord parked on Sixth Street near Berry Avenue this past July 9. Police arrested the man for careless driving and also found 52.6 grams of marijuana in the suspect’s vehicle, as well as 54 tablets of Alprazolam. Discovery of the drugs caused the officers to write the man up for possessing drugs in a motor vehicle, being under the influence of drugs, possession of marijuana, or weed, and possession of drug paraphernalia, specifically rolling papers. The man was then transported to Hackensack University Medical Center.

Carlstadt — A Kearny man was stopped in the early morning hours of July 16 for speeding on southbound Route 17. During the stop, police determined that the 20-year-old man was intoxicated and allegedly had drug paraphernalia in his car. Officers then charged the man with driving under the influence of alcohol, possession of drugs in a car, careless driving, possession of marijuana and possession of drug paraphernalia (plastic dime bags). He was released on summonses to a responsible party.

July 23, 2009

All-terrain Vehicle Rider Arrested for Drunk Driving in Morris County

by Jonathan F. Marshall

It’s not uncommon for some New Jersey residents to mix recreational off-road riding with alcohol, though the two hardly go well together. Whether it’s a motorcycle, ATV, snowmobile or dirt bike, driving while intoxicated can be dangerous. The New Jersey State Police, as well as local law enforcement agencies, keep a watch for drunk drivers on- and off-road. During the summer, boaters caught piloting their powerboats while under the influence of alcohol also run the risk of being arrested for DWI.

Recently, a Bergen County man was stopped for riding his all-terrain vehicle on private property. The criminal trespass charges would have been bad enough, but Mount Olive police also noticed that the rider was intoxicated. As a New Jersey drunk driving defense attorney, my firm has defended folks like Piotr Dabek, the owner of that ATV. He was caught near Crease Road last Sunday after neighbors called police to report a stranger riding his ATV on private property.

According to reports, Dabek tried to run from the Mount Olive police officer dispatched to the scene. After a short foot chase through a wooded area, the officer caught up to the 30-year-old suspect. Bringing Dabek back to his patrol car, the officer gave the man several field sobriety tests, including a balance test, which Dabek failed. The officer then placed him under arrest and charged the man with DWI and criminal trespass. Police also impounded Dabek’s all-terrain vehicle.
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July 21, 2009

NJ DWI Police Blotter: Mercer and Middlesex County Drunk Driving and Drug DUI Report

by Jonathan F. Marshall

West Windsor Township — In a potential marijuana DWI traffic stop a 17-year-old Hamilton, New Jersey, resident was stopped on a Saturday night along Route 1 by police for a routine traffic offense. The teenager was found to have a small amount of the controlled substance, or weed, in his vehicle and charged with possession of less than 50 grams of marijuana. After the stop, which occurred near Emmons Drive, the man was placed under arrest and taken to police headquarters for processing. He was later released to the custody of his mother.

West Windsor Township — Two potential drug DUI arrests were also made on Route 1, just days apart. A 29-year-old Hamilton man traveling southbound was pulled over on a Sunday morning for a traffic violation near Quakerbridge Road. During the stop, officers discovered a small amount of cocaine in the car. The man was subsequently charged with possession of that controlled substance. Several days later, a 21-year-old resident of Trenton, New Jersey, was stopped in the early morning hours for a traffic infraction near Meadow Road. Following the traffic stop on the northbound side of Route 1, police found evidence of drugs and charged the man with possession of cocaine.

Plainsboro — On an early Friday morning, a Willingboro resident traveling in a 2004 Acura was stopped for doing 75mph in a 55mph zone on southbound Route 1. The 23-year-old man, who was found to be intoxicated, was charged with drunk driving, speeding, reckless driving, failure to maintain a single lane and failure to carry auto insurance. He was released pending a future court date.

July 20, 2009

Warren County, NJ, Assistant Prosecutor Arrested for Drunk Driving

by Jonathan F. Marshall

As a former prosecuting attorney having handled DWI cases for a number of New Jersey municipalities in the past, I am well aware of the professional pressures associated with working in a prosecutor’s office. Furthermore, as a current New Jersey drunk driving defense lawyer, I can sympathize with many of my clients who have been accused of driving while intoxicated.

One thing I do not have much patience for, however, is a lack of discipline on the part of certain government officials and law enforcement personnel when it comes to their own personal conduct regarding drinking and driving. I’m speaking here of the danger of losing the public’s respect for those in law enforcement and in the judiciary due to the apparent hypocrisy exhibited by a small percentage of individuals in positions of authority.

Past news reports have covered members of the police and the judiciary accused and conivted of driving under the influence of alcohol. Recently, another individual, this time from the prosecutorial side of the justice system, has been arrested for DWI. A Warren County assistant prosecutor was charged with drunken driving, after he allegedly ran over a fire hose without being authorized to do so.

Kevin Brotzman, a 29-year-old newcomer to the prosecutor’s office, was picked up on June 14 by police after potentially interfering with city firefighters who were trying to extinguish a burning vehicle near his home. Based on news reports, the incident occurred in the early morning hours, when the man steered a 2004 Saturn around a tow truck and drove over an active fire hose. Officers gave Brotzman three field sobriety tests, all of which he failed, according to police.

It should be noted that although Brotzman is relatively new to the Warren County prosecutor’s office, he is by no means inexperienced — he has already handled some high-profile cases, including the conviction of Keri Ann Brekne, a former Lopatcong Township schoolteacher who molested one of her students. In this case, he should have known better than to take the wheel after consuming alcohol.

Court records show that the Brotzman’s preliminary blood alcohol content (BAC) was 0.09 percent. Although individuals with readings of 0.08 and above can be charged with drunken driving, as a seasoned DWI defense attorney, I know that there are many factors involved in being legally drunk. In many cases, a person in Brotzman’s situation could possibly be acquitted of those charges, which would certainly be awkward for an individual who more than likely prosecutes drunk driving defendants as part of his job.
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July 18, 2009

Madison, NJ, Police Blotter: Recent Alcohol DWI Traffic Stops and Arrests

by Jonathan F. Marshall

As a New Jersey drunk driving and drug DUI defense lawyer, as well as a former municipal prosecutor, I know that on any given day local police will make dozens of DWI arrests across the Garden State. Similarly, our local courts see hundreds of driving while intoxicated cases come through their doors every month. Madison, NJ, is no different than other communities throughout the country. Here are just a few recent examples of DWI arrests in this part of Morris County.

July 7 — A law enforcement officer stopped an 18-year-old man in the late evening hours after the patrolman observed a car traveling at a high rate of speed on Route 24. The officer also noticed the driver did not keep right, after which he pulled the suspect over and saw that the driver had a bottle of brandy in the car. The resident of Elizabeth, New Jersey, was arrested and charged with underage possession of alcohol. He was later released pending a court appearance.

July 9 — Following an evening traffic stop, an officer arrested two 20-year-old women from Chatham for underage possession of alcohol. The suspects’ Cadillac was observed doing 40mph in a 25mph zone and was subsequently pulled over. During the stop, the officer noticed three 30-packs of beer in the rear seat. Both individuals were later released pending their court appearances.

July 16, 2009

East Rutherford Man with 15 Career DWIs to be Sentenced by Morris County Court

by Jonathan F. Marshall

There are just some people that you can’t help. As a New Jersey DWI defense lawyer, I have represented many multiple drunk driving offenders, but few like Shaun Campbell of Bergen County, New Jersey. Most of the clients I have worked with learn their lesson and try to make a clean start of things following a brush with the law as it applies to driving under the influence of alcohol. But other people convicted of driving while intoxicated go back and make the same mistakes over and over again. So it has been for Mr. Campbell.

According to reports, the 40-year-old Campbell had his license suspended nearly 80 times during his 22-year driving career. His admission of guilt to his 15th DWI charge was the latest in a string of convictions. This particular case involved an April head-on collision in Morris Township when Campbell, self-described as being plastered on beer, drove his sport utility vehicle into a Ford pickup truck driven by a Chatham man and carrying that man’s four-year-old daughter. Luckily, no one was killed.

Campbell pled guilty to assault by auto, DWI and driving while on the revoked list. The Morris County assistant prosecutor has recommended that Campbell receive the maximum sentence of 18 months in prison for the assault by auto, and consecutive 180-day terms on the drunken-driving and revoked license charges. He also recommended that Campbell receive an extra 90-day term as an enhanced penalty on the license revocation offense.

July 15, 2009

Howard Stern Regular, Artie Lange, Charged with Drug DUI after New Jersey Car Crash

by Jonathan F. Marshall

Comedian Artie Lange, who regularly makes guest appearances on Howard Stern’s radio program, has been charged with driving under the influence of an intoxicant following a Ocean County car accident last Friday. According to reports, Toms River police made the DUI arrest of the witty stand-up artist after the 2009 Nissan Sentra he was driving ran into the back of a Pontiac Grand Am in the early afternoon.

It is widely known that the performer has had trouble with substance abuse over the years, from prescription medicines and alcohol to heroin. Although the crash was not serious, with no injuries, police noted Lange’s odd behavior following the incident and decided to arrest him.

As a New Jersey DWI and DUI defense attorney, I have represented many clients that were arrested by police due to strange behavior after an automobile accident. Although Lange has had a history of substance abuse, it would be wrong to assume the man is guilty of drug DUI simply on that fact alone.

News reports indicate that Lange, who was on his way to a promotional event for his best-selling book, “Too Fat to Fish,” was released after being issued a summons to appear in court this Thursday, July 16 — on Tuesday Lange’s attorney entered a not guilty plea, stating the comedian had passed an Alcotest breath test, which probably rules out alcohol but says nothing about impairment due to possible drug use. If found guilty of a first-time drug DUI offense, Lange could receive up to 30 days in jail, a maximum of $1,000 and possible loss of his driver’s license for as long as 12 months.

Entertainment news outlets say that Lange’s physical and mental health has been showing some signs of improvement over the past few months. The heavyset comedian had reportedly lost more than fifty pounds as well as claiming total sobriety. He has been reported as saying that that he was in love with a new girlfriend, but that if he ever started using drugs again, she should “get the hell away from me.”
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