New Jersey DWI Lawyer Blog

May 2, 2009

DWI Injury Accident Caused by New Jersey Man with Long History of Drunk Driving

Talk about your repeat drunk driving offenders, East Rutherford resident, Shaun Campbell, will surely have a place in the record books. According to reports, the 39-year-old already had a dozen DWI convictions, and 78 license suspensions, prior to a recent accident when he allegedly caused a head-on crash with another driver and his four-year-old daughter at the intersection of South Street and Spring Valley Road in Morris Township.

Police say that Campbell was allegedly intoxicated when he ran his SUV into another vehicle in Morristown on Thursday, April 23. Immediately following the accident, the suspect was viewed running from the scene into nearby Loantaka Park in an effort to escape from police. All of this happened while Campbell’s license was suspended by the state.

Campbell was caught and initially charged with driving while intoxicated and obstruction of justice. However, authorities also hit him last Wednesday with a charge of fourth-degree assault-by-auto in connection with this most recent accident.

May 1, 2009

Middlesex County DWI Enforcement for Prom and Graduation Season

by Jonathan F. Marshall

Middlesex County, New Jersey, has renewed its initiative to combat drunk driving during the Prom and Graduation season this year. In this regard, periodic checkpoints shall be set up throughout Middlesex County during the month of May and June. The target locations for the DWI roadblocks shall coincide with the prom and graduation schedules throughout the County.

The DUI detail shall be comprised of local police officers and members of the Middlesex County Prosecutor’s Office Vehicular Fatality Team. The program is over two decades old and is funded through a grant from the State. The program appears to have been successful in preventing alcohol related deaths insofar as there have been no such incidents in the County during the Prom and Graduation season for quite a time period.

Our DWI attorneys have occasion to represent many underage motorist every year in drunk driving cases. The pivotal thing that most of the public fails to understand is that NJ law has a no tolerance policy for alcohol consumption by minors. The result is a New Jersey Underage drinking and driving law which is triggered when a motorist under the age of 21 has any alcohol in his system whatsoever.

April 30, 2009

Could New Jersey DWI Laws Soon Apply to Drowsy Driving?

by Jonathan F. Marshall

It sure doesn’t sound like drunk driving, but I bet this has happened to you or someone you know. You’re driving home a bit tired after working a double shift in Jersey City, or trying to squeeze in that last 50 miles returning from a very full weekend in Atlantic City. Just trying to stay awake long enough to get home, park the car and climb into bed. That’s not the same as driving while intoxicated, or is it?

Whether it’s a paperwork backlog at work, working the graveyard shift at a second job, or spending a sleepless night tending to a sick child, the result is the same. Operating a vehicle when you’ve had little or no sleep can be a recipe for disaster. Nodding off on the Garden State Parkway can have a deadly outcome.

And the consequences can be serious, especially here in New Jersey. We live in the only state in the Union that makes drowsy driving a crime when it’s found to be the cause of a fatal crash — classified as recklessness under the state’s vehicular homicide statute. And it’s not unreasonable that drowsy driving could one day become as serious an offense as DWI.

April 28, 2009

New Jersey Drunk Driving Police Blotter

by Jonathan F. Marshall

Boonton — Police charged a 58-year-old Boonton Township, NJ, man with DWI, reckless driving and not having insurance for his vehicle. The allegedly intoxicated man was picked up by police during the late afternoon on Saturday, April 25, and released pending an appearance in court.

Boonton — A woman from Kinnelon was pulled over by police for drunk driving, as well as reckless driving. The 45-year-old was stopped just after 9 p.m. and subsequently released pending appearance in court at a later date.

Madison — In what could possibly have been a drug DUI arrest, as 20-year-old Westfield man was arrested on Thursday, April 23, after police responded to a call regarding an occupant of a vehicle snorting drugs on Loveland Street. The vehicle apparently left that location, as the police pulled the vehicle over on Green Village Road, where they arrested the young man after noticing a white powdery substance on the man’s lips. According to authorities, the arresting officer found a white tube and the driver admitted that he had been snorting oxycodone. Police arrested and charged the man with possession of drug paraphernalia, and then released him shortly thereafter.

April 26, 2009

Will Marijuana DUI Arrests in New Jersey be Affected by Legalization?

by Jonathan F. Marshall

Could New Jersey expect an increase in DUI arrest involving marijuana if the drug becomes legal for medicinal use? Nobody can truly know the answer until such a law takes effect. But with the increasing number of medical marijuana bills being proposed and voted into law across the country, one can only assume there will be more opportunity for marijuana DUI arrests.

Neighboring New York State may soon pass legislation — which would make it the 15th state to legalize medicinal marijuana — and the New Jersey legislature is on the verge of passing a similar bill. The legislation currently specifies that individuals with painful or debilitating illnesses such as AIDS, cancer, glaucoma and multiple sclerosis will be able to register with the state to use marijuana legally.

Not long ago, New Jersey Attorney General Anne Milgram responded positively to the proposed law, which would allow patients to purchase the drug from a state-approved outlet, or even grow the plants at home. Calling it a “workable” law, Milgram agreed that there are concerns about how to enforce laws to ensure that the drug be used legally and only by patients who qualify.

April 24, 2009

Alcotest Digital Data – Fact or Fiction?

by Jonathan F. Marshall

The New Jersey DWI defense bar has been speculating for some time as to what impact digital data would have on cases. I have spoken to numerous attorneys who hold themselves out as DWI experts and have gotten mixed reports as to the anticipated benefit of digital data. I can tell you that I learned first hand this week just how powerful a vehicle this information can be to NJ DWI Defense Attorneys.

We were retained to represent a young man who allegedly provided alcotest readings well above the 0.10 limit for a second-tier DWI. He was a first offender and was looking at seven months to one year of suspension based on the readings. We fought hard to obtain the digital data. The data was provided to our expert and, sure enough, it demonstrated that the alcotest was operating improperly. Specifically, the device was failing to purge for the required two minutes thereby violating the dictates of Chun.

Based on our effort, we were able to get the state to agree to a first-tier DWI and three months suspension. This outcome saved our client at least four months of suspension. He was ecstatic.

April 23, 2009

Intoxicated Teen Arrested for Assault by Auto in Jersey City

by Jonathan F. Marshall

A 19-year-old Bayonne man, already up on charges for driving while intoxicated, , has now been slapped with two counts of aggravated assault as a result of an accident last Saturday that left two young girls in critical condition, one of them paralyzed perhaps for life. The teen was arraigned Tuesday on DWI and assault charges in Jersey City.

This type of drunk driving tragedy is charged with emotion and considerable sadness, not only for the victims and their families, but also for the relatives of the young suspect. Although it appears that this is the teen’s first DWI arrest, the addition of aggravated assault charges makes it all the more important for him to have a qualified legal professional on his side. The attorneys at The Law Offices of John F. Marshall have experience defending cases just like this one.

The events leading up to Tuesday’s court appearance transpired, according to police, in the early morning hours of April 18. Witnesses stated that a 1996 Honda Passport allegedly driven by Michael Garbacki drove straight into a group of people including two young women. The Honda not only injured the girls, but also crashed into two other cars in a parking area beside Port Jersey Boulevard just before 2 a.m.

April 22, 2009

Bayonne, NJ, Man Arrested for DWI After Hoboken Police Chase

by Jonathan F. Marshall

Downtown Hoboken, New Jersey, was the scene of a DWI arrest this past Sunday following what could have easily been a deadly car chase between police and an allegedly intoxicated 23-year-old Bayonne man. Police reported that the suspect refused to pull over and then led them on a chase, which almost resulted in the fleeing driver hitting another vehicle.

By the time it was all over, police had charged Michael M. Leahey with resisting arrest, as well as eluding an officer. He also received summonses for several other offenses, including failure to obey a traffic signal, operating a vehicle the wrong way on a one-way street, driving while intoxicated and refusal to submit to a Breathalyzer test.

The incident began in the early morning hours, after police observed a vehicle headed the wrong way on Hudson Street — a one-way street. Police gave chase with lights and sirens on, but the man reportedly refused to pull his Buick over, instead turning onto First Street so fast that his vehicle briefly fishtailed before the driver regained control.

April 19, 2009

Glassboro, NJ, DWI Suspect Gets Plea Deal from Gloucester Prosecutors

by Jonathan F. Marshall

A Glassboro, New Jersey, man arrested for a DWI traffic death in Gloucester Country late last year has been offered seven years in jail in exchange for a guilty plea — three years less than the maximum 10 years he could face if convicted in a jury trial. Charges of driving while intoxicated and vehicular homicide, combined with alleged evidence of cocaine (although no DUI charges were brought), make this a challenging case for the defense.

According to a recent report, attorneys for Arthur Anwar Jr. made a motion to have the court reduce his bail, but that has been rejected apparently due to the severity of the offense. At a bail hearing last Friday, Superior Court Judge Christine Allen-Jackson denied the motion to reduce the $75,000 bail, on which Anwar has been held since his arrest on December 21, 2008. The case remains open as both sides consider their next steps.

Anwar’s drunk driving arrest stems from a lethal accident that happened just days before Christmas. According to police, the 53-year-old and a friend had left the Down on Main Street bar in Glassboro and were riding in his 1997 Mazda 626. At about 2 a.m., the vehicle plowed into the back of a dump truck on Glassboro Road in Monroe Township. The crash was so horrific that emergency personnel had to pry open the mangled sedan to remove the passenger. That man, Arthur Davis, 24, later died from multiple injuries at Cooper Hospital in Camden.

April 16, 2009

Another DWI Checkpoint Scheduled for Middletown NJ

by Jonathan F. Marshall

It seems that the Monmouth County DWI Task Force has an affinity for Middletown NJ. The organization has scheduled another DWI checkpoint in the municipality. This is at least the second such roadblock in the municipality. We can only assume that the prior roadblock proved successful insofar as the same location has been selected in Monmouth County.

The checkpoint is scheduled for Friday night through Saturday morning. The DWI detail is intended to detect drivers who are operating under the influence of alcohol or drugs, and shall run from 11:00 p.m. through 3:00 a.m. on Route 35 North. Representatives of the Task Force and the Middletown Police shall test individuals in the parking lot of Hudson City Savings Bank.

A prerequisite to conducting a valid roadblock in NJ is statistical data demonstrating that the location selected has a high incident of driving while intoxicated. The fact that this particular location has been selected a second time manifests that Route 35 North is ripe for DWI violations. This does not come as a shock in view of the significant number of DWI and refusal cases which our NJ DWI Defense Attorneys handle in Middletown.