New Jersey DWI Lawyer Blog

July 2, 2009

DWI-DUI Sobriety Checkpoint Scheduled for Ocean Township, NJ, this July 4th Weekend

New Jersey’s drunk driving laws will be strictly enforced this Fourth of July weekend, especially in Ocean Township, Monmouth County, where a sobriety checkpoint will be in effect from Friday evening until early Saturday morning. Sobriety checkpoints are frequently used by police and other law enforcement agencies to identify drunk drivers and make arrests for DWI and driving under the influence of illegal or prescription drugs.

As part of these sobriety roadblocks, police usually ask drivers suspected of driving while intoxicated to take one or more field sobriety tests. Breath testing apparatus, such as the Alcotest machine, are also employed to determine the specific content of alcohol in an individual’s bloodstream. The legal limit in New Jersey is 0.08 percent blood alcohol content (BAC).

This latest sobriety checkpoint will be set up on Ocean Avenue in the borough of Deal and remain in effect from 11pm Friday through 3am. Task force members and officers from the Deal Police Department will pull vehicles from the northbound lanes into the Deal Casino Beach Club parking lot to determine drivers’ sobriety, according to a press release issued by Brielle Police Chief Michael W. Palmer, task force coordinator.

June 30, 2009

Bridgeton, NJ, DWI Police Blotter: Two Drunk Drivers Arrested

by Jonathan F. Marshall

Two drivers were arrested last week for driving under the influence of alcohol in the Bridgeton, New Jersey. The first arrestee was an 18-year-old man from Upper Deerfield Township who was stopped by police for driving while intoxicated while underage, as well as reckless driving. The second arrest was that of a suspected illegal immigrant who was stopped for drunken driving and breath test refusal, as well as leaving the scene of an accident.

On the morning of Thursday, June 25, Bridgeton law enforcement officers clocked Blake A. Russo’s car on radar allegedly traveling at 67mph in a 30mph zone on West Broad Street. After stopping Russo, 18, police noticed an open container of alcohol in the vehicle. Although his blood alcohol content (BAC) was 0.04 percent, he was charged with DWI while underage. He was also cited with possessing an open alcoholic beverage container in a motor vehicle, reckless driving and speeding. Russo was later released on his own recognizance.

Later in the day, Hermenegildo Millan Ramirez, 28, of Spruce Street, was arrested around 10:15pm on North Laurel Street on the charge of driving under the influence of alcohol. Police found him after they received a report of an erratic driver at Cohansey and North streets. According to reports, Millan’s Ford pickup truck was the same as that involved in a hit-and-run accident at Burlington and Timber roads earlier. The man had apparently crashed his truck into a utility pole on the west side of Burlington Road.

Police cited Millan for leaving the scene of an accident, failing to report an accident, refusing to submit to blood-alcohol content testing, reckless driving, failing to exhibit a motor vehicle insurance card, failing to wear a seat belt, failing to keep right and failing to obtain a New Jersey driver’s license within 60 days of moving to the state. Because the man was a suspected illegal immigrant, he was placed in Cumberland County Jail without bail on a detainer issued by Immigration and Customs Enforcement.

At The Law Offices of John F. Marshall, we represent a wide range of clients who have been arrested or received a summons for drunk driving, refusal to submit to a breath test or other DWI and DUI offenses. As with any arrest, we highly recommend that those charged with driving while intoxicated contact a skilled legal professional to better understand their rights under the law.
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June 29, 2009

New Jersey Man Gets Seven Years in Prison for Fatal DWI Traffic Accident

by Jonathan F. Marshall

A New Jersey court has sentenced a Glassboro, NJ, man to seven years in prison for a 2008 drunk driving accident that caused the death of his friend. Arthur L. Anwar Jr., 53, pled guilty to vehicular homicide last Friday for the fatal DWI traffic accident in Monroe Township last December 21. The Superior Court judge handed down the sentence as recommended by the assistant Gloucester County prosecutor for the second-degree offense of causing a death while driving under the influence of alcohol.

According to earlier reports, the seven-year jail term was offered in exchange for a guilty plea. As a New Jersey drunk driving defense lawyer and former municipal prosecutor myself, I have vast experience with cases just like this one. In this instance, if the defendant had held out for a jury trial, he could have received a maximum of 10 years for the death of his friend, 24-year-old Arthur L. Davis, also from Glassboro. The defense’s case was complicated by alleged evidence of cocaine found on the suspect, though no drug DUI charges were actually levied.

According to police reports, the deadly accident happened in the early morning hours a few days before Christmas. Leaving from a bar in Glassboro, Anwar was driving his 1997 Mazda, with Davis in the front passenger seat, when the car crashed into the back of a dump truck on Glassboro Road in Monroe Township. Davis died in the hospital from multiple injuries not long after the collision. Anwar had admitted to being the driver of the vehicle and when police measured his blood alcohol content (BAC) they foudn it to be an incredible 0.205 — two and one-half times greater than the legal limit in New Jersey.

June 26, 2009

New Jersey State Police to Reel In Drunk Boat Captains this Summer

by Jonathan F. Marshall

Any small craft captain worth his salt knows it’s boating season, but before you power up your twin inboard, take a moment to scan the horizon and double-check your alcoholic beverage intake. This weekend, from Sandy Hook to Cape May, the New Jersey State Police will be patrolling offshore in search of intoxicated boat operators. And just like DWI for landlubbers, being arrested for boating under the influence (or BUI) can be a costly experience.

Drunk boating, like drunk driving, is enforced by local and state police units. This latest campaign, christened “Operation Dry Water,” begins today and runs through Sunday, June 28. It’s a combined effort between the New Jersey State Police and the United States Coast Guard (USCG) and designed to hook skippers piloting their craft under the influence of alcohol in state waters, which includes bays and the ocean up to three miles out.

According to the USCG, enforcement will be heaviest in the Atlantic City and Cape May areas, with sobriety checkpoints set up at various points on the water. In addition to BUI offenses, law enforcement personnel will be looking for anyone navigating recklessly or carelessly. Those observed exhibiting drunken behavior should be prepared to be boarded and examined for intoxication.

In New Jersey, boaters can lose their boating privileges for one year and their automobile driver’s license as well. That’s three months for a blood alcohol content (BAC) of 0.08 percent or more, and seven months for 0.10 percent or more. You should know that while New Jersey does not confiscate boats of those captains who are arrested for BUI, other states do confiscate watercraft.

Authorities also will usually administer field sobriety tests, although they can be somewhat different from those conducted on dry land. And although they do not want to give away their tactics in detail for this coming weekend, law enforcement agencies say their goal is not to arrest boaters so much as to educate them about the BUI problem.

One message authorities are pushing is that alcohol has an enhanced effect on the water. According to experts, the glaring sun, waves, motion of the boat and other influences aboard a boat only help the body absorb alcohol faster. This can impair an individual’s motor functions, reaction time, judgment and other critical boating skills.
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June 25, 2009

Thomas Campo to Join Our DWI Defense Team

by Jonathan F. Marshall

We are excited to announce that Thomas Campo, Esq., has agreed to become a part of our drunk driving and criminal defense practice. Tom possesses extensive knowledge and experience litigating New Jersey dwi, refusal and dui cases. His skills as a litigator have been refined over approximately 15 years including time as an Essex County Prosecutor, Monmouth County Prosecutor and, most recently, serving as municipal prosecutor in towns such as Toms River, Brick Township, Holmdel, Point Pleasant Beach, Mantoloking, Stafford, Ship Bottom, Surf City, Long Beach, Beach Haven, Beachwood, Waretown (also known as Ocean Township), Lacey, Tuckerton, Little Egg Harbor and Plumsted. I have known Tom for a long time and have always been impressed by, among other things, his overwhelming accolades, especially from prosecutors and police officers with whom he has worked.

Tom’s arrival to our practice coincides with our recent efforts to provide additional legal resources for those charged with driving while intoxicated and/or breath test refusal in Ocean County. In this regard, we recently launched DWI, Refusal & DUI resource pages for Beachwood, Bay Head, Barnegat Township, Beach Haven, Berkeley Township, Brick Township, Eagleswood Township, Island Heights, Jackson, Lacey Township, Lakehurst, Lakewood Township, Lavallette, Little Egg Harbor Township, Long Beach Township, Manchester Township, Mantoloking, Ocean Township (Waretown), Plumsted Township, Seaside Park, Seaside Heights, Ship Bottom, Stafford, Toms River, and Tuckerton. Tom has served as municipal prosecutor in a large majority of these municipalities at one time or another. His familiarity with the Courts and the police officers in these venues should be very helpful to our clients.

June 23, 2009

30 NJ Troopers Responsible for 900 Drunk Driving Arrests in 2008

by Jonathan F. Marshall

Mothers Against Drunk Driving (MADD) recently awarded more than 70 New Jersey police officers for their DWI arrests during 2008. State troopers and officers from Bergen, Hudson and Ocean Counties, among others, were honored at an event supporting the state’s law enforcement community for its efforts in actively locking up drunk drivers. The event was headed by the Executive Director of MADD NJ, Mindy Lazar, and hosted by Pierre’s Restaurant in Middlesex County.

As citizens we can appreciate the difficult and dangerous work that members of New Jersey’s law enforcement community take on every day. What’s surprising is that 30 state troopers accounted for nearly 900 driving while intoxicated arrests last year. That averages out to less than 30 DWI arrests for every trooper. What does this say? Perhaps that the average police officer has less experience in drunk driving cases than any of the DWI defense lawyers currently practicing at our offices.

The three attorneys in our office have a total of 40 years experience between them defending clients in areas such as drunk driving and breath test refusal. Although there are no plea bargains in New Jersey DWI/DUI cases, the drunk driving defense attorneys of this state have some of the highest success rates in the nation. As a former prosecutor myself, I know first-hand that New Jersey prosecutors are taught that they will have a difficult time winning a case when the defendant has a DWI defense lawyer by his side.

June 22, 2009

Ocean County DWI Arrest? Why You Need a New Jersey Drunk Driving Defense Attorney

by Jonathan F. Marshall

Have you been arrested for DWI in Barnegat, Lacey or Manchester Township? Perhaps you’ve been stopped for driving under the influence of alcohol in one of the smaller communities, such as Island Heights, Seaside Park or Bayhead. The summer months bring out the fun-loving spirit in all of us, but sometimes individuals get a little too loose.

Whether you have recently been ticketed for DWI or received a summons for being under the influence while sitting in your parked car. Were you intoxicated? Maybe. Was that drunk driving charge truly deserved? Maybe, and maybe not. Like many aspects of the law, not every DWI case is completely black and white.

As New Jersey DWI defense attorneys, many of our clients believe they have been unfairly accused. Although some may have actually broken the law, they also understand the consequences of a drunk driving conviction and they want to improve their chances in court. But the people I worry most about are the ones that don’t seek our firm’s advice and counsel. Those are the people that believe they “earned” that summons. Or maybe they believe, incorrectly, that there is no way to fight the charges. But this is the wrong way to look at it.

June 21, 2009

Drunk Driving Suspected in Multi-Car Injury Pileup in Newark

by Jonathan F. Marshall

Speeding and driving under the influence of alcohol were suspected contributing factors in a horrendous multi-vehicle DWI accident a few nights ago in Essex County, New Jersey. An allegedly drunk driver was in one of two cars observed traveling at a high rate of speed just before they both crashed into three other vehicles waiting for a traffic signal at a busy Newark intersection.

Nine people were injured in the five-car crash at the intersection of Frelinghuysen and Haynes Avenues. Except for the driver and passenger in one of the five vehicles, everyone involved escaped serious injury — those two people were reportedly taken to the hospital in critical condition.

Following the early-morning accident, police detained Rayquan Horton, 24, who they suspected was one of the two drivers who may have been responsible for the accident. Horton, a resident of Irvington, New Jersey, was later charged with driving under the influence of alcohol. According to preliminary police reports, all of the people involved in the accident were coming from the same night club in Elizabeth.

June 19, 2009

Morris County, NJ, Police Blotter: DWI and Drug DUI Arrests

by Jonathan F. Marshall

Butler — A local man was charged with drunk driving after police responded to a citizen’s call regarding a person drinking alcohol in a parked vehicle at a convenience store along New Jersey’s Route 23. According to reports, on June 12, police responding to the alleged DWI found a 65-year-old man in the driver’s seat of his running 1996 Toyota Camry in a Stop & Shop parking lot. He was drinking alcohol and had open containers of alcoholic beverages in plain view on the front seat, police said. The suspect was taken to police headquarters and charged with DWI, consumption of alcoholic beverages within a motor vehicle and reckless driving. He was later released to a relative, pending an appearance in court.

Madison — A 46-year-old male from Morris Plains was charged with driving under the influence of alcohol, refusal to submit to a breath test, reckless driving, leaving the scene of an accident, as well as failure to report an accident after he allegedly was involved in a car crash on Woodland Road on the evening of June 12. Witnesses reported seeing the intoxicated man driving away from the crash site, heading west on Woodland Road in a white Cadillac Escalade. Police searched for the vehicle by following a fluid trail that led them to Green Avenue, where the suspect was arrested for DWI after failing to pass field sobriety tests.

Pequannock — An Oak Ridge resident was charged with DWI on the morning of Wednesday, June 19, after police observed a 2010 Ford Mustang driving erratically southbound on Route 23. Officer Kevin Ricciardi stopped the 50-year-old driver near the Scott Center in Pompton Plains, and noticed an odor of alcohol coming from the passenger compartment of the vehicle. According to reports, the driver appeared to have trouble finding his documents and exhibited slurred speech. The officer arrested the man after he failed several field sobriety tests. Police also found a prescription bottle in the vehicle containing two types of medication, one of which was confirmed to be the pain killer Percocet. The man was charged with possession of a controlled dangerous substance (CDS). He was also issued summonses for possession of CDS in a motor vehicle, refusal to submit breath samples, failure to maintain lane and failure to exhibit registration.

June 18, 2009

College Student DWIs Up in New Jersey, U.S. Says Drug and Alcohol Report

by Jonathan F. Marshall

Apparently, driving while intoxicated is still high on the curriculums of New Jersey’s university students. Based on information coming out of Little Falls, NJ, a recent study shows drunk driving — as well as binge drinking — continues to be a problem with college-age adults, here and across the nation. According to the Journal of Studies on Alcohol and Drugs, driving under the influence of alcohol among undergraduates increased from 26.5 percent to 29 percent between 1998 and 2005, while alcohol-related deaths rose about three percent.

Binge drinking may be a major factor in this trend, as the report also showed that the percentage of students who pursued this activity while attending school increased from approximately 42 percent to 45 in the seven years from 1998 to 2005. The increase in binge drinking — defined as five or more drinks on any one occasion — occurred primarily in students ages 21 to 24, according to the study.

Published in the July special issue of the journal, it shows the percentage of students aged 18 to 24 who drove drunk increased by nearly three percentage points between 1999 and 2005. Similarly, those engaged in binge drinking rose from 41.7 percent to 44.7 percent, according to Ralph Hingson, Sc.D., M.P.H., and his colleagues. The study was one of 14 published in the special supplement, which focuses on college drinking problems.