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April 26, 2009

Will Marijuana DUI Arrests in New Jersey be Affected by Legalization?

Could New Jersey expect an increase in DUI arrest involving marijuana if the drug becomes legal for medicinal use? Nobody can truly know the answer until such a law takes effect. But with the increasing number of medical marijuana bills being proposed and voted into law across the country, one can only assume there will be more opportunity for marijuana DUI arrests.

Neighboring New York State may soon pass legislation — which would make it the 15th state to legalize medicinal marijuana — and the New Jersey legislature is on the verge of passing a similar bill. The legislation currently specifies that individuals with painful or debilitating illnesses such as AIDS, cancer, glaucoma and multiple sclerosis will be able to register with the state to use marijuana legally.

Not long ago, New Jersey Attorney General Anne Milgram responded positively to the proposed law, which would allow patients to purchase the drug from a state-approved outlet, or even grow the plants at home. Calling it a “workable” law, Milgram agreed that there are concerns about how to enforce laws to ensure that the drug be used legally and only by patients who qualify.

April 24, 2009

Alcotest Digital Data – Fact or Fiction?

by Jonathan F. Marshall

The New Jersey DWI defense bar has been speculating for some time as to what impact digital data would have on cases. I have spoken to numerous attorneys who hold themselves out as DWI experts and have gotten mixed reports as to the anticipated benefit of digital data. I can tell you that I learned first hand this week just how powerful a vehicle this information can be to NJ DWI Defense Attorneys.

We were retained to represent a young man who allegedly provided alcotest readings well above the 0.10 limit for a second-tier DWI. He was a first offender and was looking at seven months to one year of suspension based on the readings. We fought hard to obtain the digital data. The data was provided to our expert and, sure enough, it demonstrated that the alcotest was operating improperly. Specifically, the device was failing to purge for the required two minutes thereby violating the dictates of Chun.

Based on our effort, we were able to get the state to agree to a first-tier DWI and three months suspension. This outcome saved our client at least four months of suspension. He was ecstatic.

April 23, 2009

Intoxicated Teen Arrested for Assault by Auto in Jersey City

by Jonathan F. Marshall

A 19-year-old Bayonne man, already up on charges for driving while intoxicated, , has now been slapped with two counts of aggravated assault as a result of an accident last Saturday that left two young girls in critical condition, one of them paralyzed perhaps for life. The teen was arraigned Tuesday on DWI and assault charges in Jersey City.

This type of drunk driving tragedy is charged with emotion and considerable sadness, not only for the victims and their families, but also for the relatives of the young suspect. Although it appears that this is the teen’s first DWI arrest, the addition of aggravated assault charges makes it all the more important for him to have a qualified legal professional on his side. The attorneys at The Law Offices of John F. Marshall have experience defending cases just like this one.

The events leading up to Tuesday’s court appearance transpired, according to police, in the early morning hours of April 18. Witnesses stated that a 1996 Honda Passport allegedly driven by Michael Garbacki drove straight into a group of people including two young women. The Honda not only injured the girls, but also crashed into two other cars in a parking area beside Port Jersey Boulevard just before 2 a.m.

April 22, 2009

Bayonne, NJ, Man Arrested for DWI After Hoboken Police Chase

by Jonathan F. Marshall

Downtown Hoboken, New Jersey, was the scene of a DWI arrest this past Sunday following what could have easily been a deadly car chase between police and an allegedly intoxicated 23-year-old Bayonne man. Police reported that the suspect refused to pull over and then led them on a chase, which almost resulted in the fleeing driver hitting another vehicle.

By the time it was all over, police had charged Michael M. Leahey with resisting arrest, as well as eluding an officer. He also received summonses for several other offenses, including failure to obey a traffic signal, operating a vehicle the wrong way on a one-way street, driving while intoxicated and refusal to submit to a Breathalyzer test.

The incident began in the early morning hours, after police observed a vehicle headed the wrong way on Hudson Street — a one-way street. Police gave chase with lights and sirens on, but the man reportedly refused to pull his Buick over, instead turning onto First Street so fast that his vehicle briefly fishtailed before the driver regained control.

April 19, 2009

Glassboro, NJ, DWI Suspect Gets Plea Deal from Gloucester Prosecutors

by Jonathan F. Marshall

A Glassboro, New Jersey, man arrested for a DWI traffic death in Gloucester Country late last year has been offered seven years in jail in exchange for a guilty plea — three years less than the maximum 10 years he could face if convicted in a jury trial. Charges of driving while intoxicated and vehicular homicide, combined with alleged evidence of cocaine (although no DUI charges were brought), make this a challenging case for the defense.

According to a recent report, attorneys for Arthur Anwar Jr. made a motion to have the court reduce his bail, but that has been rejected apparently due to the severity of the offense. At a bail hearing last Friday, Superior Court Judge Christine Allen-Jackson denied the motion to reduce the $75,000 bail, on which Anwar has been held since his arrest on December 21, 2008. The case remains open as both sides consider their next steps.

Anwar’s drunk driving arrest stems from a lethal accident that happened just days before Christmas. According to police, the 53-year-old and a friend had left the Down on Main Street bar in Glassboro and were riding in his 1997 Mazda 626. At about 2 a.m., the vehicle plowed into the back of a dump truck on Glassboro Road in Monroe Township. The crash was so horrific that emergency personnel had to pry open the mangled sedan to remove the passenger. That man, Arthur Davis, 24, later died from multiple injuries at Cooper Hospital in Camden.

April 16, 2009

Another DWI Checkpoint Scheduled for Middletown NJ

by Jonathan F. Marshall

It seems that the Monmouth County DWI Task Force has an affinity for Middletown NJ. The organization has scheduled another DWI checkpoint in the municipality. This is at least the second such roadblock in the municipality. We can only assume that the prior roadblock proved successful insofar as the same location has been selected in Monmouth County.

The checkpoint is scheduled for Friday night through Saturday morning. The DWI detail is intended to detect drivers who are operating under the influence of alcohol or drugs, and shall run from 11:00 p.m. through 3:00 a.m. on Route 35 North. Representatives of the Task Force and the Middletown Police shall test individuals in the parking lot of Hudson City Savings Bank.

A prerequisite to conducting a valid roadblock in NJ is statistical data demonstrating that the location selected has a high incident of driving while intoxicated. The fact that this particular location has been selected a second time manifests that Route 35 North is ripe for DWI violations. This does not come as a shock in view of the significant number of DWI and refusal cases which our NJ DWI Defense Attorneys handle in Middletown.

April 16, 2009

DWI Arrest Follows Near-miss with New Jersey Police Officer

by Jonathan F. Marshall

A suspected drunk driver steered her speeding SUV within inches of a Branchburg Township police officer as he was conducting another traffic stop the evening of April 10. The obviously intoxicated driver of the SUV was later found to have 14-year-old minor riding with her, police said.

The incident occurred on Route 28 in the township’s North Branch section just before 8 p.m. The officer, Fred Ghanim, had just stopped a vehicle for speeding and was getting out of his cruiser to issue a non-DWI summons. Just as the officer stepped out his vehicle, but before he could close the driver door, a silver SUV swerved in Ghanim’s direction at a high rate of speed.

According to the report, Officer Ghanim pulled the door tight against his body, effectively sandwiching himself between the body of the police cruiser and the driver’s door as the SUV sped past.

It must be said, at this point, that far too many law enforcement professionals lose their lives in the line of duty, but the senseless deaths caused by drunken drivers are all the more sad, and preventable. Near-miss situations like this one illustrate the razor’s edge between life and death that public safety personnel face every day while patroling our nation’s roadways.

Fortunately, this incident ended with no serious injuries. Ghanim reported that the SUV missed his door by about an inch before the driver swerved back into her lane.

Soon after, police stopped the 38-year-old SUV driver, Betsy L. Nash of North Branch, who had the odor of alcohol on her breath. This prompted officers to ask her to perform a field sobriety test. She failed that test and was subsequently given a blood alcohol test, which turned up a reading of 0.13 percent — significantly over the legal limit in New Jersey.

Nash was charged with several counts, including careless driving, DWI, and driving while intoxicated with a minor on board. She was later released to a member of her family. Considering how close she came to injuring or even killing a law enforcement office, she was extremely fortunate.

If you are pulled over by police and found to have a BAC of 0.08 percent or more, you will be charged with DWI, if arrested. You could face a fine and jail time if convicted. Any driver issued a summons for DWI is encouraged to contact a New Jersey DWI Attorney. Our legal team is available around the clock to help you.

Branchburg Police Plotter, MyCentralJersey.com, April 14, 2009

April 14, 2009

NJ Man Arrested for DWI by New York State Troopers

by Jonathan F. Marshall

A 39-year-old man from Hohokus, New Jersey, was arrested on suspicion of driving while intoxicated early Friday morning after a traffic stop on Albany Post Road in Cortlandt, NY. State Troopers charged the man and 11 other motorists with DWI during a string of traffic stops in Westchester and Putnam counties over the course of the long holiday weekend, mostly in the early hours of the day, according to authorities.

Though a number of the drivers were from out of state, most were from the local area. One local man in particular, a 32-year-old with a previous DWI conviction, who was stopped just before 5 a.m. on Sunday, was charged with multiple counts. The list included driving while intoxicated, first-degree aggravated unlicensed operation, felonies, unlawful possession of marijuana and refusal to submit to a breath test, according to the police report. In this instance, the man’s drunk driving charge was bumped up to a felony due to his previous DWI conviction, which occurred less than 10 years ago.

Most, however, were charged with misdemeanor DWI. Another local man was charged with driving while intoxicated and aggravated DWI, both misdemeanors, following a 2:15 a.m. traffic stop Sunday morning. Police said that the aggravated DWI charge was due the man’s blood-alcohol level being in excess of 0.18 percent — fully 0.10 percent beyond the legal threshold for driving while intoxicated in New York State.

April 10, 2009

DWI Alert: Sobriety Checkpoint in Marlboro, NJ

by Jonathan F. Marshall

In New Jersey, DWI checkpoints are a common method used by police to help reduce the number of alcohol-related traffic accidents and fatalities throughout the state. To maintain fairness under the law, our courts have required state, county and municipal law enforcement authorities to publish the times and locations of future sobriety roadblocks. It is our opinion, however, that this information is not always provided in the most convenient or accessible fashion.

We believe that if the public knew about the times/locations of these checkpoints in advance, they would be more likely to stay off the road during those hours, ensuring their own safety and contributing to that of other drivers. Because of this, we are posting the following information:

DWI Checkpoint in Marlboro
Starting tonight, April 10, and continuing through the morning hours of April 11, the Monmouth County DWI Taskforce, in cooperation with the New Jersey Division of Highway Traffic Safety, will be operating a DWI checkpoint adjacent to the northbound lanes of Route 9. The Marlboro Police Department, along with members from the task force, will pull vehicles over into the New York Sports Club parking lot to detect any vehicles being operated by drivers under the influence of alcohol and/or drugs. This announcement is based on information provided by Brielle Police Chief and task force coordinator, Michael W. Palmer.

April 10, 2009

Angels’ Pitcher, Nick Adenhart, Killed by Drunk Driver in California

by Jonathan F. Marshall

Another DWI traffic death has rocked the professional sports world. Baseball fans and players alike were shocked and saddened by yesterday’s untimely death of 22-year-old Angels’ pitcher, Nick Adenhart, who was killed when the vehicle in which he was riding was broadsided by a suspected drunk driver in Fullerton, California. The incident is all the more tragic as authorities report that the driver who caused the accident was on a suspended license for a previous DUI conviction.

The collision occurred early in the morning of April 9, just hours after the rookie pitcher threw six scoreless innings against the Oakland As in his forth major league start. According to police reports, a minivan driven by Andrew Gallo, 22, allegedly ran a red light and smashed into the side of the Mitsubishi Eclipse carrying Adenhart and three others. The tremendous force of the crash sent the Eclipse across the intersection and into a nearby utility pole.

Courtney Stewart, 20, the driver of the Mitsubishi, as well as another passenger, Henry Nigel Person, 25, both died at the scene. Adenhart survived the impact but later died at UC-Irvine Medical Center. Only one of the four, Jon Wilhite, 24, lived through the horrendous ordeal. He was listed in critical condition but is expected to pull through.