New Jersey DWI Lawyer Blog

August 12, 2009

New Jersey DWI News: Poll Shows Majority Approves of In-car Breathalyzer for Convicted Drunk Drivers

Having represented hundreds of NJ residents arrested for driving under the influence of alcohol or drugs, I know what drivers accused of DWI are up against. As an experienced New Jersey drunk driving defense lawyer and former municipal prosecutor, I also have the background to understand how to successfully defend many driving while intoxicated cases. What I can’t change is the public’s opinion of convicted drunk driving offenders.

That became quite evident the other day when I noticed the results of a survey recently conducted by the American Automobile Association’s Mid-Atlantic region. More than 60 percent of the respondents to the AAA Mid-Atlantic Web poll voted in favor of installing a mandatory breathalyzer ignition interlock on the vehicle of any convicted DWI offender.

This type of interlock device requires the driver to blow into a device not unlike the Alcotest breath testing machine used by the New Jersey State Police as well as other law enforcement agencies across the Garden State. If the device detects that the driver’s blood-alcohol content (BAC) is above 0.05 percent the vehicle cannot be started.

August 11, 2009

New Jersey Penalties for Repeat Drunk Driving Offenses Not Always So Harsh

by Jonathan F. Marshall

If you have been convicted of a drunk driving offense, you know the penalties for subsequent offenses can be quite stiff in the state of New Jersey. But as they say, “Only time will tell.” And while law enforcement agencies and prosecutors across the Garden State will hold out the threat of harsher penalties for repeat DWI offenders, there is one ray of light through the dark clouds of a recent driving while intoxicated arrest. And that has to do with time.

As a New Jersey drunk driving lawyer, and a former municipal prosecutor, I remind people to check their calendar should they receive a second, third or subsequent drunken driving arrest. It all goes back to a 2008 ruling by New Jersey’s intermediate appeals court. This Appellate Division of the NJ’s Superior Court actually determined when a drunk driving defendant can receive a reduced sentence for a DWI conviction.

As many have read here and in the news, courts typically implement harsher sentences on those individuals who have prior convictions. In the case of DWI convictions, New Jersey law does require stiffer sentencing for repeat drunk driving offenders, versus those convicted of first-time offenses.

However, if time it on your side, you may benefit from New Jersey’s 10-year “step down” rule. This portion of state law requires that courts must show leniency whenever 10 years have passed between DWI convictions. This applies to the time between first and second drunk driving DWI convictions, or between the second and third DWI convictions. Essentially, the law states that the court must treat the defendant as though he or she has one less prior conviction when it comes to determining that person’s sentence for the most recent DWI.

State v. Conroy, which was decided by New Jersey’s Appellate Division in 2008, involved a defendant who had three prior DWI convictions and was facing sentencing for a fourth time. The State argued that the step-down rule should only apply where the defendant has one or two prior convictions, but in cases where there were three prior convictions. The defendant argued that the step-down rule should apply to his case because his first DWI conviction was without an attorney and 10 years had already passed between his third and fourth DWI convictions.
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August 9, 2009

New Jersey “Click It” Traffic Safety Campaign Nets 866 Drunk Drivers across the State

by Jonathan F. Marshall

The drunk driving arrest results are finally in following the conclusion of New Jersey’s two-week-long “Click It or Ticket” seatbelt and traffic safety campaign, which ended back on May 31. In that period, state law enforcement officials report that they arrested nearly 900 motorists for driving under the influence of alcohol. As a New Jersey DWI defense lawyer, I’m proud of the job our police officers do to improve public awareness regarding the benefits of seatbelt use. At the same time, I know that not all of those 866 drivers arrested will be convicted of driving while intoxicated.

In addition to the 800-plus drunk driving arrests last May, New Jersey police also gave out 891 citations for improper use of child restraints, wrote 6,833 tickets for speeding, and ticketed more than 40,000 motorists for seatbelt-related violations. That compares favorably, according to reports, to the 46,000 tickets given out in 2008 for similar violations.

Regarding those 866 DWI arrests, in my experience as a drunk driving defense attorney, I know that not every ticket will stand up in court. When defending individuals accused of driving while intoxicated under the influence of alcohol, there are multiple factors that can affect the validity of a prosecutor’s evidence.

Take the breath test, for instance. The Alcotest device, the operation of which every attorney in my office has been fully certified, must be maintained correctly. If not, the results can turn out wrong and actually be useless during a trial. Even if the breathalyzer is working correctly, factors affecting BAC (or blood alcohol content) can vary widely. The key here is, don’t automatically assume that the machine is always right. It may say you were legally drunk, but that result may not stand up to a seasoned DWI defense lawyer.

As a former prosecutor myself, I know how the state or municipality goes about prosecuting drunk driving defendants. They may bring up certain points to try and prove that you were driving your vehicle under the influence of alcohol. A prosecutor may say that officers detected an “odor” of alcohol on your breath, that you were driving somewhat erratically, or that you exhibited a “disheveled” appearance or acted as if you were intoxicated. They may even state that you exhibited poor field sobriety test (FST) performance. You have to understand that these are all ways in which a prosecutor attempts to sway the court to find you guilty of DWI.

But what a prosecutor will rarely if ever mention is that these types of “evidence” are very ambiguous and subject to a range of interpretation. Not to mention, these previous statements and observations made by the prosecution are often quite unreliable and result in faulty assumptions.
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August 6, 2009

Union County, NJ, Man Charged with DWI after Minor Parking Lot Fender-bender

by Jonathan F. Marshall

Sometimes embarrassment seems to be the biggest part of receiving a drunk driving summons. As a New Jersey DWI defense attorney, many of the individuals I represent feel humiliated after being arrested for driving while intoxicated, but I always remind them that a drunken driving conviction itself is no laughing matter.

Being branded with a first-time conviction for driving under the influence of alcohol not only hits your wallet but also your lifestyle. In the worst case scenario, it can also jeopardize your social standing and even cost you your job. Believe me, get over the embarrassment of a drunk driving summons and contact a qualified DWI defense lawyer, fast.

It doesn’t take much to merit an arrest for DWI. Recently, a Cranford man was arrested by police on drunk driving charges at a Garwood convenience store. According to reports, this individual drove his car haphazardly through the store’s parking area and struck one of the vehicles parked there. Not an Earth-shattering event, but enough to get the attention of one of the store’s employees.

That store cleck called the Garwood Police Department, which dispatched a squad car to assess the situation. Shortly after 8am, an officer arrived and found a damaged vehicle in the parking lot, after which the officer determined that William Parisio, 21, was the driver of the 1999 Subaru Forester that hit the parked vehicle. According to reports, the man was taken into custody and transported to the Garwood Police station where he was given a breathalyzer test, which he failed. He was charged with drunk driving and released pending a later court date.
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August 4, 2009

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

by Jonathan F. Marshall

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.