New Jersey DWI Lawyer Blog

May 25, 2009

New Jersey Drivers Arrested for DWI, DUI by Middle Township Police

May 23 was an eventful day for Middle Township Police, who stopped and arrested one driver for drunk driving and a second for drug DUI within the township limits. In the first instance, officers were alerted to a possible intoxicated driver operating his vehicle erratically on SH47.

Police found a 27-year-old man from Woodbine sitting in a silver Lexus, which was stopped on Goshen Road near SH47. Police had maneuvered behind the suspect’s vehicle when the driver, Daniel B. Carson, then attempted to leave and crashed into a second police cruiser arriving at the scene. The man was arrested on the spot for drunk driving, issued a total of nine summonses, and had his car impounded. Carson was later charged with lewdness at police headquarters and subsequently taken to Cape May County Jail in lieu of $1,500 bail.

As a New Jersey DWI and drug DUI defense attorney and former prosecutor, I know that the police have no tolerance for blatant DWI behavior. Running into a police car while in an allegedly intoxicated state is a clear sign that a defendant will have a difficult row to hoe in court. This is why it is imperative that you retain profession legal assistance to handle your drunk driving case. The other stop that day was somewhat worse, as it involved drugs, according to police reports.

May 22, 2009

DWI News: New Jersey Ranked First in “Unfair” Traffic Fines, Enforcement Practices

by Jonathan F. Marshall

With Memorial Day weekend upon us, we have one observation for New Jersey motorists: The Garden State is no paradise when it comes to drunk drivers, speeders and other hapless recipients of tickets and summonses from our traffic enforcement community. Intoxicated drivers in particular beware, according to the National Motorists Association (NMA) our state goes to the head of the class when it comes to exploitation of the road-going public.

Although DWI and DUI were not addressed specifically, the NMA did rank individual states based on seventeen criteria related to traffic laws, police enforcement practices, as well as how defendants are typically treated. The rankings, according to the NMA, are “designed to provide guidance to travelers who do not want their vacation ruined by speed traps, arcane laws or ‘kangaroo’ traffic courts.”

Not surprisingly, New Jersey was found to be the state most likely to dip deeper into a driver’s wallet. With our toll roads, sobriety roadblocks and speed traps, New Jersey has left almost no stone unturned when it comes to extracting cash from motorists, says the NMA. New Jersey has also recently pushed through a red-light camera pilot project at a time when many states are banning the ticket cameras because “they’ve proven to have a negative effect on traffic safety.” Add in “driver responsibility” fees, which are ineffective and have a disproportionate effect on the poor, and we find ourselves at the top of the list. For those keeping score, here is the NMA’s top ten worst states:

May 21, 2009

Bergen County, NJ: DWI / Marijuana DUI Arrests

by Jonathan F. Marshall

Lyndhurst — A 52-year-old New Jersey man was arrested for driving under the influence of alcohol last week on Thursday evening when police found the allegedly intoxicated suspect in his car, which was parked and partially blocking the roadway on New York Avenue. In addition to drunk driving, he was charged with having an open alcohol container in his vehicle, as well as careless driving. Reports stated he was released to Hackensack University Medical Center.

Lyndhurst — Early on May 15, an out-of-state man was arrested for DWI following a motor vehicle stop on Ridge Road. Police charged him with driving under the influence of alcohol after they noticed he was unable to keep his vehicle properly in his lane. The 41-year-old driver refused to submit to breath test. He was charged with not carrying a driver’s license and careless driving, then released on summonses to a responsible party.

North Arlington — Police reported a motor vehicle stop on May 8 at Ilford and Prospect avenues. Officers detected the odor of burnt marijuana and determined a 16-year-old male passenger from North Arlington and the 17-year-old male driver from Lyndhurst, had been smoking marijuana. The passenger and driver were both charged with being under the influence of marijuana. The driver was also charged with DWI and violating his provisional driver’s license for having four people in the car.

May 18, 2009

New Jersey DWI and Marijuana DUI Police Blotter

by Jonathan F. Marshall

East Rutherford — A 29-year-old local man was picked up for drunk driving in the late evening of Wednesday, May 6, following a minor accident on Patterson Avenue. The allegedly intoxicated driver was arrested for DWI, as well as for not maintaining a vehicle in safe condition, failure to produce a driver’s license, driving on a suspended license, lack of insurance and failure to report a change of address. The suspect also refused a breathalyzer test. According to police, the man’s vehicle hit a curb, which blew out one of his tires. He admitted to officers that he did not have his driver’s license due to it being suspended for a previous DWI conviction. He was later released.

North Arlington — A 47-year-old resident of Belleville, New Jersey, was arrested in the early morning of May 8 for a series of offenses, including driving while intoxicated, careless driving, parking his car on the sidewalk and refusing to take a breath test. The man reportedly sped into a Chase Bank parking lot, where the observing police officer was parked in a marked police cruiser. The man reportedly stopped his car, stumbled out and staggered to the bank’s cash machine. Upon returning to his car, the officer approached the man and gave him a field sobriety test, which he failed. The man also refused a breath test, after which he was arrested and taken into custody. The vehicle was impounded and the man was later released to a third party the vehicle.

Princeton — In a possible marijuana DUI arrest, a 35-year-old Lawrence, NJ, man was charged for driving down Paul Robeson Place while intoxicated and in possession of marijuana. The man was arrested following a 12:15 a.m. vehicle stop the morning of Friday, May 13, and taken into the borough police headquarters. He was later released on his own recognizance. Police reports show that the man was charged with DWI, as well as possession of marijuana and other drug paraphernalia, however, there was no indication what the suspected intoxicating substance was.

May 16, 2009

Monmouth County, New Jersey: Latest DWI Sobriety Checkpoint

by Jonathan F. Marshall

The most recent sobriety roadblock in Monmouth County was in force this past Friday night and Saturday morning on Route 36 in West Long Branch. The county’s DWI Task Force was working in concert with the New Jersey Division of Highway Traffic Safety to identify and pull over intoxicated drivers operating their vehicles under the influence of alcohol or drugs.

Here in New Jersey, these sobriety checkpoints are commonly used by law enforcement as a way to decrease the number of alcohol-related auto accidents and deaths on the state’s highways and surface streets. To maintain a modicum of fairness, the law insists that state, county and municipal arms of law enforcement set up these checkpoints using certain criteria, such as choosing a location based on statistical data that indicates it has a high incidence of people driving while intoxicated.

Police typically employ field sobriety tests and/or a breathalyzer test to determine a driver’s blood alcohol content (BAC). As New Jersey DWI Attorneys, we advise anyone who has been issued a DWI summons as a direct result of a roadblock to retain the services of a skilled legal professional.

May 13, 2009

New Jersey Man Charged with DWI Traffic Death of Stepdaughter

by Jonathan F. Marshall

A New Jersey man accused of driving while intoxicated and causing a fatality in the process has recently been arraigned in district court on charges of DWI and vehicular manslaughter, just weeks after the accident that killed his former stepdaughter. The tragic drunk driving accident happened on April 23 in Bethlehem Township, PA, when Thomas A. Parsons drove his car into a tree, killing his 28-year-old passenger, Kelly Rice.

Parsons was arraigned on that state’s charge of homicide by vehicle while DUI, in a Northampton County courtroom. Local prosecutor, John Morganelli, said he approved the charges against the 43-year-old from Phillipsburg, New Jersey.

According to reports, Rice was riding home with Parsons from a Static-X concert at Crocodile Rock in Allentown when the crash occurred. They were driving on Johnston Drive in Bethlehem Township when the car smashed into a tree, killing the 28-year-old Rice. Morganelli said Parsons’ blood-alcohol content was 0.18, more than double the legal limit of 0.08 percent.

May 11, 2009

DWI Defendant from New Jersey Jailed for ‘Tweeting’ in Court

by Jonathan F. Marshall

Whether it’s a charge of driving while intoxicated, drug DUI or any number of other offenses, once in the courtroom, DWI defendants have an obligation to themselves to play by the rules, even if they think technology is one step ahead of the legal process. I’m speaking most recently of the Fort Lee man who “won” himself at least 33 days in a Pennsylvania jail, not from the DWI arrest for which he was being tried, but for “tweeting” his thoughts about that very same trial while still in court!

The presiding judge was alerted to the defendant’s social networking transmissions by the arresting officer who became aware of the defendant’s “tweets.” Scott Ruzal, a Penn State student up on charges of DWI and resisting arrest, was awaiting an eventual guilty verdict last March when he started to “tweet” his mind on the subject of his impending conviction.

According to reports, Penn State police officer, Matthew Massaro, who arrested the 20-year-old in 2008, said the student wrote the following on his Twitter account: “When all else fails, try ignorance. I watched four cops lie on a witness stand today and I didn’t say a word.”

May 7, 2009

Costs of Driving Drunk in New Jersey

by Jonathan F. Marshall

Drunk driving, driving under the influence, or DWI. In New Jersey, and anywhere else for that matter, these simple words represent a range of possible scenarios too numerous to list here. As a New Jersey DWI attorney, my office has represented hundreds of drunk driving cases — many of which involved terrible human and societal costs. Even in the best of situations, the personal price can prove truly devastating, with the stigma of a drunk driving conviction affecting the person’s standing in the community, possible loss of a job, or potential damage to relationships with family and friends.

Financially, a drunk driving conviction can be costly, too. Fines and penalties for second and subsequent DWIs are large, but even first-time offenders can feel the sting. Below are just a few of the potential monetary costs that can be expected for a variety of drunk driving offenses, according to the State of New Jersey (Keep in mind that jail time or community service may also be attached, but is not included here).

First DWI Offense
$250-$400 fine if blood-alcohol content (BAC) is 0.08 percent or higher but less than 0.10 percent ($300-$500 fine if BAC is 0.10 percent or higher); automobile insurance surcharge of $1,000 per year for three years

May 6, 2009

Drinking and Driving in New Jersey: Consequences of Underage DWI

by Jonathan F. Marshall

New Jersey law regarding underage drinking and driving is quite specific. Because you must 21 years or older to buy, possess or drink any alcoholic beverage, underage drinking is by definition illegal. And the consequences for underage drinking are severe under New Jersey law, especially as it pertains to operating a vehicle while intoxicated. But whether or not you are stopped for DWI, an underage drinking offense could affect your driving privileges now or in the future.

For example, if a person under 21 years old is arrested for purchasing or consuming an alcoholic drink in an establishment licensed to sell alcohol, he or she could be fined $500, as well as lose their driver’s license for up to six months. Parents take note, even if your child does not yet have a driver’s license, that potential suspension will start when the youngster is first eligible to receive his or her license. Furthermore, a young person who violates underage drinking laws may also be required by the court to attend an alcohol treatment or education program.

Anyone under 21 caught with even the slightest amount of alcohol in their system — that is, a blood-alcohol content of 0.01 or more — will be subject to the following penalties under New Jersey law:

May 5, 2009

New Jersey DWI / DUI Police Blotter

by Jonathan F. Marshall

Hackettstown — In what initially could have been a DWI drug arrest on Saturday, April 25, a K-9 police unit from Washington Township found 34 bags of heroin in a vehicle occupied by a young woman and a 22-year-old man from Fairfield, NJ. The man was eventually charged with possession of heroin and a hypodermic needle following the traffic stop on Stiger Street. He was then sent to the Warren County jail with bail set at $5,000. The 18-year-old female driver and owner of the vehicle was issued a summons for a vehicle violation and released.

Montville — A number of teenagers were charged with underage alcohol possession by police who were responding to a Saturday night complaint regarding a large party just off Bonnie View Lane. Upon arriving at around 10:30 p.m., officers encountered a large group of minors leaving the scene. A juvenile driver was also charged with violation of his provisional driver’s license. There were no arrests for underage DWI.

Montville — An 18-year-old man from Pine Brook, New Jersey, was charged with possession of marijuana in a vehicle on the evening of Friday, April 24, after police checked a car parked on Briarcliff Road with four people inside. A juvenile that was present was charged with obstruction.