New Jersey DWI Lawyer Blog

September 21, 2009

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

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.

September 15, 2009

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

by Jonathan F. Marshall

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.