New Jersey DWI Lawyer Blog

October 9, 2009

NJ Drunk Driving News: “Put the Brakes on Fatalities Day” Could Heighten DWI Enforcement

Drivers across the New Jersey area, including Middlesex, Monmouth, Ocean and Atlantic counties, may see an increase in police presence on the state’s highways and surface streets during this coming Saturday, October 10. In a nationwide campaign known as “Put the Brakes on Fatalities Day,” law enforcement agencies will be out in force looking for traffic violations and targeting zero fatalities for one full day. This effort may include sobriety checkpoints in various areas.

As a citizen of New Jersey, as well as a DWI defense attorney, I am always happy to see traffic deaths decrease. However, I know that some motorists can get a raw deal from local and state police during campaigns such as this. That is why I always encourage people arrested for drunk driving to contact a legal professional for advice and counsel.

According to news reports, “Put the Brakes on Fatalities Day” will see police departments statewide emphasizing and enforcing all traffic laws, including seatbelt usage, obeying the posted speed limit, avoiding distractions such as cellphone use while driving, and not getting behind the well when intoxicated.

October 7, 2009

New Jersey Residents Coming Down Hard on Repeat Drunk Driving Offenders

by Jonathan F. Marshall

In seeming reaction to the recent sentencing of Shaun P. Campbell, the 40-year-old East Rutherford resident with 16 convictions for driving while intoxicated and nearly 80 related license suspensions to his name, the New Jersey media and public are apparently fed up with any individual having multiple drunk driving convictions on his or her record. As a New Jersey DWI defense lawyer, I know what these folks are going through.

As a drunk driving defense attorney, I also know that some people are less cautious than others and never consider the implications of driving drunk, even if it means just a couple beers. This is why I encourage my friends and family to always have a designated driver for those times when a celebration becomes too exuberant.

According to a recent editorial, the media may be calling for more strict sentencing and harsher laws to keep repeat DWI offenders off public roads. Campbell, who is now going to jail for almost five years as a result of his most recent DWI-related traffic accident, will also have to pay more than $9,000 in fines. Campbell’s latest license suspension means he won’t be eligible to drive legally until he is 81 year old.

October 5, 2009

New Jersey DWI Defense News: Warren County Identified as Common Area for Speed Traps

by Jonathan F. Marshall

As a New Jersey drunk driving defense attorney I have seen the lengths to which local and state law enforcement agencies will go in an effort to catch people driving under the influence of alcohol and prescription drugs. A recently article quotes the National Motorists Association as saying that Warren County, NJ, is possibly using speed traps to catch unwary drivers. The message here is that a speed trap can catch more than leadfooted motorists, it can also lead to other traffic arrests, such as DWI, as well as drug DUI and possession charges.

According to reports, postings on the National Motorists Association talk about a website that points to Oxford Street in Belvidere, New Jersey, as a hotbed of speed trap activity in Warren County. The website, SpeedTrap.org, claims New Jersey is worst state in the union for “hitting motorists in the pocketbook” for driving too fast.

Naturally, with speed enforcement comes drunk driving and other types of enforcement. The article goes on to explain that the information on the SpeedTrap.org web site, also known as “The Speed Trap Exchange” is provided by visitors to the site, who can post info on what they believe to be speed traps. According to the National Motorists Association, they cannot attest to the validity of these listings.

October 2, 2009

Monmouth Co., New Jersey Drunk Driving News: Sobriety Checkpoint in Holmdel Tonight

by Jonathan F. Marshall

As a New Jersey drunk driving lawyer, I constantly tell people who have been arrested for DWI or issued a summons for drunk driving or breath test refusal to retain the services of an experienced drunk driving defense lawyer. One of the most likely places to be pulled over for driving while intoxicated is a sobriety checkpoint, also known as a roadblock.

According to a news report, beginning tonight and running through Saturday morning the Monmouth County drunk driving task force, working together with New Jersey’s Highway Traffic Safety division, will be conducting a DWI checkpoint on the southbound side of Route 35 near Holmdel in Monmouth County. The roadblock will be set up to pull motorists over into the Dearborn Farms parking lot where members of the task force and officers from the Holmdel Police Department will determine drivers’ sobriety.

The checkpoint will be in operation from 11pm tonight until 3am Saturday morning.

September 30, 2009

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

by Jonathan F. Marshall

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.

Another

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.