New Jersey DWI Lawyer Blog

February 20, 2011

New Jersey Drunk Driver Convicted of 2009 DWI Traffic Death of 22-Year-Old Man

Traffic deaths occur with alarming regularity here in New Jersey, many of these crashes occur as a result of alleged impaired driving. State police and municipal law enforcement officers are constantly patrolling Garden State highways and surface streets looking for drivers who may be operating a motor vehicle while under the influence of alcohol or prescription medication.

Representing motorists involved in drunken driving arrest in Ocean, Bergen, Passaic and Monmouth County, I and my staff of experienced drunk driving lawyers understand the circumstances that can lead to a DWI or drug DUI arrest. Whether the charges are legitimate depend on the individual situation and the evidence that the prosecuting attorney has at his or her disposal.

When it comes to fatal drunken driving accidents, the police and the courts are not likely to be sympathetic to an accused driver in light of a DWI crash that has killed another individual. While each case is different, driving while intoxicated and causing an injury accident or fatal crash is not something anyone wants to happen to them.

February 18, 2011

DWI Law Update: Field Sobriety Testing Procedures for New Jersey Motorists Suspected of Driving while Intoxicated

by Jonathan F. Marshall

Understanding what can occur during a routine traffic stop can be very useful for drivers who may have had some amount of beer, wine or hard liquor prior to getting behind the wheel of their car or truck. By learning the procedures used by police officers when facing a possible DWI suspect a motorist may be better prepared for the subsequent steps of a drunken driving arrest and possible conviction.

As a New Jersey DWI defense lawyer, I can say that nobody looks forward to a drunk driving conviction on their record. Yet, this is certainly a risk when any driver, regardless of past history, attempts to operate a motor vehicle after having consumed even a small amount of alcohol. And don’t forget that prescription medication has been known to cause impaired judgment as well, which explains why drug DUI arrests continue to make the headlines across the country.

As the saying goes, “Knowledge is power,” especially where the law is concerned. An arrest for DWI, drug DUI or even marijuana possession in a motor vehicle can be just the beginning of a long and costly process for many drivers. Regardless of the reasons — be it excessive alcohol consumption, a bad reaction to prescription meds, or the so-called cocaine hangover — being pulled over by a New Jersey state trooper or local police officer can be the beginning of the end to a previously clean driving record.

Before being charged with DWI or drug DUI, a motorist may not even be suspected of driving under the influence by the officer in charge. Still, policemen are trained to detect the telltale signs of drunken driving behavior, so the suspicion may already exist. However, for a DWI stop to be legal the officer must stop the motorist an actual traffic infraction, such as failure to signal a lane change or having a broken taillight. This kind of offense is usually the initial cause of traffic stop that could end up in an actual DWI arrest.

The well-known field sobriety test is an important tool employed by police officers all around the country to determine if a driver is possibly impaired due to alcohol or drug use. Failing to pass one or more of a variety of tests can become one of several pieces of evidence that a municipal prosecutor can present to the court as proof that a driver was impaired at the time of the initial traffic stop.
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February 16, 2011

Burlington County Man Indicted for Fatal Drunken Driving Crash that Killed Two People

by Jonathan F. Marshall

Regardless of whether you live in Burlington, Ocean, Monmouth or Passaic County, being charged with DWI where others were injured or killed can be quite serious. As New Jersey runk driving defense lawyers, I and my staff are concerned with representing those individuals who have been arrested for driving while intoxicated, either by alcohol or a controlled dangerous substance (CDS), such as prescription medication, marijuana or other illicit drug.

In some cases, a charge of operating a motor vehicle while under the influence of alcohol or drugs (Drug DUI) can be combined with other serious charges, like vehicular homicide or assault by a motor vehicle. Unlike being arrested in connection with a minor traffic violation, these kinds of offense — fatal DWIs and drug DUIs — bring with them serious consequences if the defendant is convicted.

Such a case was initiated against a resident of Maple Shade, NJ, following a fatal car crash back in 2009. According to reports, 28-year-old Steven Ford was indicted not long ago by a Burlington County grand jury for the deaths of two people in Mount Laurel. In that crash, police charged the man with intoxicated driving in addition to two counts of first-degree aggravated manslaughter, two counts of second-degree vehicular homicide, and one count of fourth-degree assault by auto.

According to news reports, the fatal car accident took place on a Sunday afternoon along a stretch of Rte 38. Police reports indicate that Ford was driving his pickup truck in a westerly direction on Rte 38 at an allegedly high speed just prior to losing control fo the vehicle. The truck allegedly hit the curb of the grass center median, which caused the vehicle to be launched into the eastbound lanes of traffic. The pickup crashed into a sport utility vehicle and then a box truck.
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February 13, 2011

NJ Drunk Driving News: Stiffer DWI Penalties May Not Discourage Motorists Who Drive While Intoxicated

by Jonathan F. Marshall

While some may say that we are still in the dark ages of combating drunken driving on New Jersey’s roadways, others argue that DWIs and drug DUIs have been reduced to acceptable levels. Few will agree exactly on the course to take from this point on, but as a New Jersey drunk driving defense lawyer, I’d say it’s a fair assumption that many of the motorists arrested for driving under the influence of alcohol or prescription medication would never have considered themselves impaired.

Of course, that doesn’t mean that some drivers have broken the law knowingly, but these days quite a few individuals find themselves on the receiving end of a drunken driving summons or even arrested for operating a motor vehicle while intoxicated. Whether one is expecting to be charged with DWI or not, there are very stiff penalties for driving drunk in the Garden State.

Recently, critics are claiming that after years of increasing fines and penalties, as well as public awareness campaigns, sobriety roadblocks and saturation patrols, there appears to have been little decrease in the overall number of DWI and DUI arrests on New Jersey’s roadways.

In 2009, there were reportedly 27,838 drunken-driving arrests in this state, fewer than any year in the entire decade now past. According to statistics from the New Jersey State Police, that figure represents a three-percent decline from the previous year. Based on information from various government authorities, the number of drunken driving arrests has held pretty much at the same level for nearly 10 years. The peak, according to news reports, occurred in 2007 when arrests nearly hit 30,500.

Federal grant monies are constantly being funneled to state and local police departments across New Jersey totaling millions of tax dollars to put more police officers on the street over the holidays. Although the idea is to crack down on drunk drivers, some say these DWI campaigns only scare off responsible adults and hurt local businesses such as restaurants and other establishments that serve alcohol.
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February 11, 2011

NJ Drunk Driving Update: Multiple Drunk Driving Convictions? Consult with an Experienced DWI Defense Attorney

by Jonathan F. Marshall

The old adage, “Where there’s one, there’s two,” can apply to many aspects of life. For motorists convicted of a first DWI offense, there is unfortunately the distinct possibility of being stopped at a future date and accused of driving under the influence of alcohol. For those individuals facing the possibility of multiple drunken driving convictions, you should definitely consider enlisting the services of a qualified DWI defense lawyer.

Whether an individual has been charged with a DWI or DUI in Essex, Atlantic, Bergen or Monmouth County, the consequences of multiple convictions remain the same and can be extremely detrimental to a person’s future. Careers have been forfeited, relationships have been destroyed and friendships lost over something as seemingly inconsequential as driving with a slight buzz.

But the penalties and consequences of a second or third DWI conviction are anything but trivial. My suggestion to anyone facing this kind of scenario is don’t make a bad situation any worse; take the necessary steps now to defend yourself in a court of law — consult with an experienced DWI defense attorney.

February 9, 2011

Drunken Driving News: Garden State Police Log DWI-DUI Arrests in Orange and Union County

by Jonathan F. Marshall

Union County DWI Traffic Stop

A traffic accident involving two vehicles early on a Sunday morning precipitated a DWI arrest for one individual not long ago. According to news reports, the car crash occurred just before 2am in Fanwood at the intersection of South Ave. and Terrill Rd. According to police, officers at the scene interviewed both drivers and were able to determine that one of the cars rear-ended the other as it sat at a red light.

During one of the interviews, patrolmen reportedly detected the odor of alcohol emanating from a 20-year-old man from Scotch Plains, NJ. Allegedly smelling the strong scent of alcohol on the suspect’s breath, officers requested the man to perform a field sobriety test. Failing that test, police placed the man under arrest and took him to the local police headquarters where he was processed and issued a summons for careless driving and DWI. The driver was subsequently released to a responsible party pending a court date.

February 6, 2011

New Jersey Drunk Driving Arrests Follow Multiple Steps before a Final, Possible DWI Conviction

by Jonathan F. Marshall

It doesn’t matter where you live in the Garden State — Atlantic, Bergen, Monmouth, Passaic or even Ocean County — as a motorist there is always that possibility that you will be pulled over by the New Jersey State Police or a local patrolman for one of dozens of relatively minor traffic offenses. But an interesting fact is that nearly every DWI arrest begins with a routine traffic stop.

As a drunken driving defense lawyer, I and my colleagues have defended literally hundreds of individuals charged with driving under the influence of alcohol, prescription meds or even illicit drugs such as marijuana or cocaine. Being stopped for something as seemingly minor as a burned-out taillight can actually result in some motorists receiving a summons for drinking and driving.

Some people may not realize that for an arrest for drunken driving to be legal it must have been preceded by what state law defines as “reasonable suspicion.” In this case, the suspicion would be that the driver of vehicle has committed a traffic violation.

This requirement is based on a case known as New Jersey v. Carpentieri, in which the New Jersey Supreme Court ruled that a police officer needs to have an “articulable and reasonable suspicion” that the driver of a vehicle has committed a violation of New Jersey traffic law before that officer can even consider pulling the suspect’s car or truck over.

Following the initial stop for the traffic offense, the patrolman must by law have probable cause prior to making any arrest and before having the driver submit to breathalyzer test. By probable cause the law states that the officer must have cause to believe that the motorist is operating his car or truck while under the influence of alcohol or other substance that may have caused impairment.

Please keep in mind that at no time during this early stage of a DWI arrest does a driver have the right to advice from counsel. Even an experienced DWI lawyer will be of absolutely no help at that particular point in time.
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February 4, 2011

New Jersey Legal News: Hackensack Apartment Complex Ordered to Pay $7 Million in Drunken Driving Injury Accident

by Jonathan F. Marshall

As a New Jersey drunk driving defense attorney, my job is to represent individuals charge with DWI, drug DUI or refusal to take a breathalyzer test. Because state law is so harsh when it comes to convicted drunken drivers, the fines and penalties that a motorist can face following a DWI arrest, it makes very little sense to walk into a courtroom unprepared.

Regardless of whether one lives in Bergen, Passaic, Mercer or any of the other counties across this state, law enforcement and the judiciary have been cracking down not only on the driver who operates his or her vehicle while under the influence of alcohol or prescription drugs, but also bars and restaurants who might be over-serving their patrons.

Not long ago, a Hackensack apartment complex was hit with a multi-million dollar judgment in connection with an under-age driver who left a party drunk and drove his car into a pedestrian walking a dog. Based on news reports, the jury in the case settled on a $7.4 million judgment that found 20-year-old David Figueroa was allowed to consume alcohol at a party in a unit of the Excelsior Apartments prior to causing that a serious traffic accident.

That crash, according to court records, involved a prominent cardiologist, Henry Lau, who received multiple injuries including two broke legs, broken pelvis and back, as well as several broken ribs. The doctor also received a number of facial injuries. Lau spent a total of six months in the hospital and later in rehab following multiple operations for his injuries.

The accident happened on December 27, 2006, when Lau was out walking his dog along a stretch of Clinton Place during the early morning. Figueroa reportedly fled the scene following the accident but was apparently picked up by police not long after the incident. Charged with vehicular assault and leaving the scene of an accident, he was sentenced in May 2008 to two months in jail and five years probation, plus a total of 180 hours of community service.
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February 2, 2011

New Jersey Youths Charged with Underage Drinking Face Potential Problems Down the Road as Adults

by Jonathan F. Marshall

As a New Jersey DWI defense attorney, I and my staff of experienced legal professionals have represented numerous minors charged with underage drinking and DWI. With offices in Ocean County, Bergen County, Passaic and Middlesex Counties, we possess extensive knowledge of state and local drunk driving and DUI laws and prosecutorial strategies.

As experienced DWI lawyers, we also understand that a conviction for underage drinking or driving while intoxicated can seriously impact a young person’s future. Although youngsters may not believe that a seemingly minor event could in anyway have a bearing on their future life or business career, there always exists the potential for unintended consequences down the road.

For a young adult just setting out on his journey toward adulthood, being arrested for underage drinking can have a considerable impact on his life. And the facts speak for themselves.

January 31, 2011

Alcoholic Beverage Trade Association Calls New Jersey DWI Checkpoints Ineffective at Catching Drunk Drivers

by Jonathan F. Marshall

Recent comments by a beverage trade group calls for an end to drunken driving checkpoint and DUI roadblocks here in the Garden State and elsewhere across the nation. As a New Jersey drunk driving defense attorney, I understand the legal requirements that must be met for a DWI checkpoint to be operated within the laws of this state, as well as the law of the land, the United States Constitution.

And while most drunk driving roadblocks meet the legal requirements of New Jersey, there are many people out there who feel that whether or not these checkpoints are legal they may not be very effective at catching motorists who driver their vehicles while under the influence of alcohol, prescription medication or even illegal drugs such as cocaine and marijuana, also known as weed or cannabis.

One group that is questioning the efficacy of drunken driving roadblocks is the American Beverage Institute (ABI), which recently called for an end to this kind of police enforcement practice. The ABI’s comments, according to reports, include accusations that DWI-DUI checkpoints harass responsible drinkers.

The ABI has called checkpoints ineffective because they result in, on average according to the group, only about three drunken driving arrests out of every 1,000 motorists stopped. Based on this, the ABI has urged state and local law enforcement officials to only use so-called roving patrols. Using such tactics, according to news articles, the police would patrol city and rural streets looking for vehicles that are being driven in an erratic manner.

While police officials throughout New Jersey agree that roving patrols are a useful tool, they insist that sobriety roadblocks are valuable as well. This, police say, is true even if groups like the ABI say that most drivers who are pulled over at these checkpoints are never charged with driving under the influence of alcohol.
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