New Jersey DWI Lawyer Blog

January 26, 2011

New Jersey Driver Convicted of Drunken Driving Following Arrest at a Bergen DWI Checkpoint Loses Appeal

Sobriety checkpoints, also known as drunk driving roadblocks, can be the source of many drunken driving arrests. For many drivers, being arrested for driving under the influence of alcohol or prescription medication, even illicit drugs or CDS (controlled dangerous substances), can begin a chain of events that can lead to a DWI or drug DUI conviction.

Penalties for driving while intoxicated in the Garden State can not only put a dent in one’s wallet, but can also lead to jail time depending on the circumstances or if the defendant already has previous DWI convictions under his or her belt. In some cases, an appeal can be mounted, which can either overturn a lower court’s decision or reduce the penalties associated with the original conviction.

Sometimes, however, an appeal can be turned down based on the facts of the case. One such example of a failed appeal is the case of New Jersey v. Robert Brembt. Decided last year, this particular case involved the conviction of Mr. Brembt by a Bergen County court. Court records show that Brembt’s appeal was based on his contention that the sobriety checkpoint at which he was arrested for DWI violated the standards set forth in the 1985 case of State v. Kirk.

Brembt was initially stopped at a DWI checkpoint on a stretch of Wyckoff Ave. in Waldwick Twp on May 24, 2008. The stop occurred just before 1am, at which time an officer approached Brembt’s vehicle and observed that the defendant’s eyes were “glassy and watery.” The patrolman also reportedly saw two open beer cans in the vehicle, as well as smelling alcohol on the man’s breath.

The officer asked Brembt to recite the alphabet, count backward, and perform other field sobriety tests. Based on defendant’s performance of these tests, police concluded that Brembt was impaired due to alcohol and arrested him at the scene. He was charged with DWI in a school zone, having an open alcohol container in his vehicle, and reckless driving.

Brembt and his attorney filed a motion to suppress arguing that the sobriety checkpoint did not meet the State v. Kirk requirements. However, the lower court conducted an evidentiary hearing and denied the motion. As a result, Brempt entered a conditional plea agreement, in which he reserved the right to appeal the denial of his motion to suppress. He then pled guilty to DWI, while the other charges were dismissed. The man was sentenced 48 hours in the Intoxicated Driver Resource Center (IDRC) and a month’s worth of community service. His driver’s license was and vehicle registration was suspended for two years, and fines and penalties were imposed.

While a sobriety checkpoint or DWI roadblock is considered a seizure within the meaning of the Fourth Amendment to the United States Constitution, as well as Article I, paragraph 7 of the New Jersey State Constitution, State v. Kirk does not require police to show probable cause when stopping any individual motorist, however it does require that the police show some rational basis for deploying that kind of enforcement technique.
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January 23, 2011

New Jersey Drunk Driving News: DWI Study Reveals High Rate of Intoxicated Driving Among Younger Motorists

by Jonathan F. Marshall

According to a recent study released by the Substance Abuse and Mental Health Services Administration (SAMHSA), about one-fifth of young people admit to driving under the influence at one time or another. Based on data collected by the SAMHSA, the rate of intoxicated driving may seem alarmingly high, but it also indicated that there may be some progress in getting drunken drivers off public roads.

As a New Jersey DWI and drug DUI defense attorney, I can see how these finding findings from data gathered between 2006 and 2009 shows a still large percentage of younger drivers taking to the roads in an impaired or inebriated state. According to news articles, the average annual rate of DWI dropped nearly ten percent from 14.2 to 13.2 percent between 2002 and 2005. Similarly, drug DUI dropped to 4.3 percent from 4.8.

This recent survey of driving habits, which was collected from information available between 2006 and 2009, showed that 30+ million American motorists admitted to driving under the influence of either alcohol or drugs in the previous year. Not surprisingly, at least from the standpoint of cases that my firm has handled in Monmouth, Ocean and Passaic County here in New Jersey, greater than 10 million drivers said that they drove while under the influence of illegal drugs.

January 20, 2011

New Jersey Drunk Driving News: Melrose Place Actress Indicted on DWI, Aggravated Manslaughter Charges

by Jonathan F. Marshall

Amy Locane, know for her role on the original “Melrose Place” television show, has reportedly been indicted on charges that she was drunk when the car she allegedly was driving crashed into another vehicle, killing one person and severely injuring a second. According to news articles, the accident took place in Princeton, New Jersey on June 27 last year.

Injuring, not to mention killing, someone as a result of a traffic accident can lead to serious consequences. Couple that with charges of drinking and driving and one can have a considerable legal problem on his or her hands. As a New Jersey DWI defense attorney, I hear about many drunken driving-related fatalities all across the Garden State, including Bergen, Ocean, Passaic and Essex County.

In this particular instance, 39-year-old Amy Locane-Bovenizer (the Trenton-born actress’s married name) is charged with the DWI-related traffic death of 60-year-old Helene Seeman and the injury of the woman’s husband, who was in critical condition at the time of news articles.

January 17, 2011

Suspect in Fatal Drunken Driving Crash that Killed Patrolman Released on $250,000 Bond

by Jonathan F. Marshall

As a New Jersey drunk driving defense attorney, I know that injuring or killing another person as a result of a drunken driving accident is a serious situation; one that usually requires the services of a qualified legal representative, such as a DWI and drug DUI lawyer. When the case involves the injury or death of a law enforcement officer, there really is no question about retaining the services of a lawyer well versed in drunk driving law.

No matter where in the state a DWI accident occurs, be it Ocean, Middlesex, Somerset or Morris County, NJ, courts are quite strict in fatal DWI and drug DUI crashes. One such case is now in the making down in Toms River, New Jersey. According to news reports, an individual was arrested in connection with the death of an Ocean Gate patrolman on Thanksgiving morning.

Based on news articles, 31-year-old Erick Uzcategui of Manchester, New Jersey, was arrested and charged with vehicular homicide and drunk driving following the November 25 car crash that reportedly killed Officer Jason C. Marles. Police reports showed that the accident happened around 3am as Marles was on his way home from his shift.

January 15, 2011

Bergen County Court Convicts New Jersey Motorist of Cocaine Hangover following DUI-related Car Crash

by Jonathan F. Marshall

According to news reports, a motorist was recently convicted of drug DUI in a Bergen County courtroom following a traffic accident at a Fort Lee toll booth that netted him a charge of drunken driving in 2008. The case, which was tried before a jury, may have been the first of its kind in the Garden State, according to reports.

Based on news articles, Bergen County prosecutors were able to convict 47-year-old Kenneth Verpent based on the so-called aftereffect of taking cocaine. One of Bergen County’s assistant prosecutors stated that people think intoxication comes from the high one gets after using cocaine, much like the so-called buzz from alcohol. The state’s case apparently was based on the intoxication that occurs even after the initial high “wears off.”

It’s said that this is a rather novel approach to convicting drivers who allegedly operate their vehicles while impaired by alcohol or other substance, such as illicit drugs like cocaine or marijuana. Such an approach to prosecuting drivers could even include those who are taking prescription medication, say some experts.

The case in question arose out of a December 2008 traffic accident at a Fort Lee, NJ, toll plaza. According to reports, Verpent was driving a large tow truck to a job in New York City. Approaching the plaza along the George Washington Bridge, his vehicle rear-ended a Honda Accord driven by Sabrina Patrick of Little Falls.

The woman’s smaller car was crushed between the Verpent’s tow truck and another heavy vehicle directly in front of her. The crash reportedly left Patrick with a fractured spine. According to news article, the woman, now 40 years old, had to leave her job and move to Arizona to avoid the higher humidity of the East Coast, made worse by her injuries following that accident.

Police reports showed that Verpent’s eyes were bloodshot and his pupils were constricted at the time of the crash. According to news articles, the man appeared to police to be slow, lethargic and unsteady on his feet. And while his blood-alcohol content (BAC) was measured as 0.0 percent, his urine tested positive for cocaine.
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January 11, 2011

Arrested for Drunken Driving Over the Holidays? You Might Need a New Jersey DWI Defense Lawyer

by Jonathan F. Marshall

Now that 2011 has arrived, more than a few motorists probably awoke thinking about a drunk driving arrest or summons they may have had during the holidays. As a New Jersey DWI defense attorney, I understand how a carefree night out can end with drunk driving or prescription drug DUI. What many people do not realize is how often this scenario actually plays out, not only on the way home from a pub or bar, but even from a friendly cocktail party or year-end holiday celebration.

The question may drivers ask themselves after the fact is how can a lawyer really help me? Being pulled over and charged with driving while intoxicated (DWI) or driving under the influence (DUI) of legal or illegal drugs can sometimes seem like an open and closed case, even to the defendant. But every situation is different and a drunken driving defense attorney may be helpful. But only if you ask.

Although there is no plea bargaining in New Jersey when is comes to drunk driving and DUI offenses, the Garden State nonetheless has one of highest rates of successful DWI defense in the nation. In fact, as a former municipal prosecutor myself, I know that in New Jersey state prosecutors learn early on that it’s more difficult to prosecute a case if the accused motorist has retained a lawyer for his or her defense.

January 9, 2011

NJ Legal Defense News: Essex County Driver Arrested for Drunk Driving Following Traffic Accident

by Jonathan F. Marshall

Regardless of where you live in the Garden State, local police officers and state troopers are constantly stopping motorists for traffic violations and many times arresting those individuals for drunken driving. As Monmouth, Union and Bergen County drunk driving defense attorneys, my staff represents New Jersey residents accused of driving under the influence, prescription drug DUI, breath test refusal, marijuana possession in a motor vehicle and impaired driving involving illegal drugs.

The types of drunken driving cases that are heard in our traffic courts are as varied as this state’s population, which includes upper and middle class people, as well as legal and illegal immigrants. No matter what the charge, every defendant is considered innocent until proven guilty in a court of law. One such arrest, typical of DWI and DUI arrests that occur every week across the state, took place early on a Sunday morning.

Arriving on the scene of a car crash in the 400 block of Franklin Avenue, patrolmen suspected one of the drivers of being intoxicated by alcohol. The accident happened just after 4am, according to police reports. Officers at the scene reportedly detected the odor of alcohol on the breath of 28-year-old Rene Cardona of Belleville Township, NJ, who was allegedly involved in the wreck.

January 7, 2011

DWI Law Update: Not All Garden State DWI Arrests Lead to Convictions for Drunken Driving

by Jonathan F. Marshall

Whenever a driver is stopped by a local police officer or New Jersey state trooper for a traffic violation, even the most minor infraction, there exists the chance that the officer might end up arresting that individual for drunken driving, or issue a summons for DWI. While every situation is different — a motorist returning from a party at a friend’s house or coming home from an evening out with one’s spouse — it is possible that an officer may suspect that the driver is intoxicated by alcohol, or even prescription medication or illegal drugs.

As a New Jersey drunk driving defense lawyer, I understand how the procedure by which a patrolman stops a motor vehicle possible driven in an erratic fashion, observes the driver for telltale signs of intoxication, then evaluates that individual to determine if there is reason to believe that he or she is impaired due to alcohol consumption or use of a narcotic substance (sometimes referred to as drug DUI).

It makes little difference whether you live or work in Ocean, Passaic or Mercer County, the chances of being arrested for DWI or prescription drug DUI is ever present. But if you are pulled over and subsequently arrested or issued a summons for drunken driving, are you predestined to being convicted of driving while intoxicated? The answer is to that question depends on multiple factors.

As professional New Jersey DWI defense attorneys, I and my staff approach every case with many years of drunk driving litigation under our belts. As a former municipal prosecutor myself, I understand when it is proper to petition the court to dismiss the charges against a motorist, or at least reduce the state’s DWI charges to better match the individual circumstances surrounding the arrest.

Having tried drunk driving cases as a prosecutor, I’m familiar with the strategies used by the state’s representatives. Because of this, I always suggest to people who face drunk driving charges to carefully consider whether or not they wish to go into court without an experienced attorney at their side. A DWI lawyer can prove to be a great benefit, especially for those individuals facing stiff penalties for a first-time drunken driving or DUI arrest.
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January 4, 2011

Bergen County DWI News: Driver Arrested for Drunk Driving after Car Goes into Passaic River

by Jonathan F. Marshall

You’ll find no argument from most people that driving while intoxicated can be hazardous to one’s health. The law enforcement community and New Jersey’s court system has little if any tolerance for individuals who are caught operating a motor vehicle under the influence of alcohol or drugs (drug DUI). In cases where an accident was the alleged result of drinking and driving you can bet that a judge will be highly critical of the defendant’s actions leading up to the crash.

While injuring another party in a DWI-related traffic accident is bound to raise eyebrows amongst state and local police, as well as the judiciary, putting oneself in jeopardy is likely just as serious. Although some might argue that a self-inflicted injury due to a single-vehicle accident could generate sympathy from the court, there is no guarantee of leniency in cases involving a drunken driving crash.

As a New Jersey DWI defense lawyer, I and my staff are ready to represent individuals accused of driving under the influence all across the Garden State; from Bergen to Union County and from Monmouth to Atlantic County. Whether a driver is stopped for drunk driving, prescription drug DUI, or marijuana possession in a vehicle, our staff has the experience to handle a wide range of cases.

January 2, 2011

NJ Legal Defense Update: Understanding Drunk Driving Arrests Occurring at Sobriety Roadblocks

by Jonathan F. Marshall

Understanding the circumstances that can lead to a drunken driving arrest can be useful for motorists who may find themselves in such a DWI-related traffic scenario. By knowing what happens in the case of a sobriety roadblock, also known as a drunk driving checkpoint, may help some individuals prepare for the subsequent steps leading to a potential DWI arrest.

As a New Jersey DWI defense lawyer serving residents of Monmouth, Union, Somerset and Hudson County, as well as other parts of the Garden State, I know that knowledge is power. Where the law is concerned, this is doubly so especially where a drunk driving arrest or summons is concerned. Regardless of the reason for a DWI arrest — be it excessive alcohol consumption, a bad reaction to prescription medication (drug DUI), or illegal drug or marijuana use — being pulled over by a New Jersey state trooper or municipal police officer can be the first step of a costly and potentially damaging drunken driving conviction.

The fairness of sobriety roadblocks has been argued for many years now. Numerous clients question the use of these checkpoints as a means of charging motorists with driving under the influence of alcohol or other intoxicating substances. The reaction of many people caught at a roadside sobriety checkpoint is not surprising given the seemingly random nature of this kind of law enforcement tool.

Because of this, and not unexpectedly, the state of New Jersey has rather technical procedures in place that safeguard against unreasonable detention and seizure stemming from these kinds of DWI roadblocks. From a legal standpoint, the constitutionality of police roadblocks was addressed in a U.S. Supreme Court case in 1979.

Known as Delaware v. Prouse, the Supreme Court held that it was unconstitutional to stop and detain a driver absent articulable suspicion that a driver is unlicensed, that the automobile he or she is operating is unregistered, or that the vehicle or one of its occupants is otherwise subject due to a violation of law (for example, if the car or truck is not compliant with certain traffic safety regulations or a passenger riding in the vehicle has an outstanding warrant).
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