New Jersey DWI Lawyer Blog

November 12, 2010

Legal Defense Update: Somerset County, NJ, Motorist Pulled Over then Fined for Obscured License Plate

No matter how carefully an individual drives after having a drink or two, there is no guarantee that he or she won’t be stopped by a police officer and charged with driving under the influence of alcohol. It takes just a moment and you could be pulled over for the simplest of motor vehicle violations. Once that happens, the officer could notice the smell of alcohol on your breath or some other telltale sign of intoxication.

As a New Jersey DWI defense attorney and former municipal prosecutor, I know the process through which a accused drunk driver must pass to possible conviction for drunken driving. Not only impairment by alcohol, but also prescription drug and marijuana use can land a motorist in police headquarters after an alleged DWI or DUI incident.

As Somerset drunken driving defense lawyers, my staff of highly capable attorneys has the skills and legal training to represent individuals facing possible drunk driving penalties here in the Garden State. That chain of events can begin with the most inconsequential item, like a burned-out headlight or cracked windshield. This is because police all around New Jersey are constantly observing drivers and their vehicles for violations.

Not long ago a Basking Ridge, NJ, driver was ticketed because his vehicle’s license plate was partially obscured, According to reports, although the man was not driving under the influence of alcohol, the incident illustrated how a driver could be stopped for this seemingly minor violation. The entire event occurred at a police checkpoint in Middlesex County, when police issued the man a ticket for a license plate frame that was apparently blocking part of the words on his New Jersey license plate.

According to news reports, the man was in his Toyota 4-Runner passing through a checkpoint on Main Street in Metuchen, NJ. A police officer observed that his inspection sticker was not properly affixed to the car’s windshield. But instead of issuing a ticket for the inspection sticker, patrolmen issued the man a ticket for his license plate frame, which officers alleged was covering some of the words on his New Jersey license plate.
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November 10, 2010

New Jersey Drunk Driving News: Middlesex County Driver Arrested for DWI Following Accident on Route 1

by Jonathan F. Marshall

My suggestion to motorists in New Jersey: Don’t complicate matters by driving drunk with kids in your car. It’s one thing to be pulled over for a DWI or drug DUI while you are traveling solo in Ocean, Atlantic or Passaic County, but law enforcement and the courts take a dim view of drivers who potentially endanger others, especially minors and other small children, by driving under the influence of alcohol or prescription drugs.

New Jersey drunken driving defense lawyer, my job is to represent individuals arrested or charged with driving while intoxicated, whether that is by beer, wine, hard liquor or even marijuana. Even possession of weed in a motor vehicle can net a motorist a hefty fine and other penalties.

A case in point, not long ago a driver involved in a traffic accident along Route 1 was charged with drunk driving by police. During the incident, his wife and two young kids were also in the vehicle. According to news reports, South Brunswick police arrested 28-year-old Jorge Fuentes after determining that he was driving drunk with his wife and children in the car. Not only does this kind of activity lead to a DWI offense, but it also exposes the man to child endangerment charges as well.

November 8, 2010

Atlantic County, NJ, Republican Candidate Arrested for Driving While Intoxicated and Breath Test Refusal

by Jonathan F. Marshall

I’ve said it here before, but it always bears repeating; being caught for drunk driving here in New Jersey can affect your family, your standing in the community and even your career. In fact, even a first DWI or drug DUI offense can put a serious dent in your future, whether you are a teenager or a seasoned citizen. While the circumstances may vary, most people find that being accused of drunken driving can be just the beginning of a long, tough road.

As Atlantic County drunk driving defense lawyers, my legal team meets with a wide range of clients who have been charged or otherwise accused of driving while intoxicated. Serving motorists throughout the Garden State as a New Jersey DWI-DUI defense attorney, I understand the seriousness of being convicted of impaired driving, not only in terms of fines and penalties, but also in terms of the stigma attached to such a guilty verdict.

Just last month, the chairman of the Atlantic County Board of Freeholders, Jim Curcio, was arrested for drunken driving. Curcio, who was also the Republican candidate for county surrogate, was stopped by police in the early morning hours of a Sunday. According to reports, Police apparently observed the 50-year-old operating his vehicle without his headlamps on at 2am in the morning along Route 322.

November 5, 2010

Bergen County Police Report: Illegal Immigrant Arrested for Drunk Driving in Teaneck, New Jersey

by Jonathan F. Marshall

Being stopped by a police officer for a routine traffic offense can lead to other, more serious charges. As a New Jersey DWI defense attorney, my goal is to assist motorists accused of driving under the influence of alcohol, prescription drug DUI, or other drunken driving charges. What this means to the average driver is that a simple broken taillight can turn into a DWI summons depending on whether or not that individual has a certain amount of alcohol in his or her bloodstream.

As drunk driving defense lawyers in Bergen, Ocean, Middlesex and other counties across the Garden State, my firm sees all manner of DWI arrest scenarios throughout the year. To complicate matters, a driver who actively takes the wheel in an intoxicated state may be risking other charges and legal actions. Case in point, an allegedly illegal immigrant who was stopped a while back by patrolmen in Teaneck, NJ, for driving while intoxicated.

According to news reports, police were alerted to a car being driving in a reportedly erratic fashion along Queen Anne Road in the early evening hours on a Sunday. Based on police reports, patrolmen pulled the woman over after they observed her car apparently crossing the double center line of the road.

November 3, 2010

Garden State Police Charge Two Drivers with DWI in Separate Traffic Accidents

by Jonathan F. Marshall

Morris County DWI Crash

Police responding to a Monday night car accident between two vehicles ended up arresting a Pompton Plains resident for driving while intoxicated. The collision occurred along a section of the Newark Pompton Turnpike near Route 23. As a New Jersey drunken driving defense attorney, I’ll tell you right now that getting into a traffic accident and then being arrested for driving under the influence of alcohol or prescription medication will not bring you any sympathy in a courtroom.

According to news reports, 20-year-old Matthew Ricucci hit another vehicle from behind just before 11pm in the evening. The other car, a black Honda, was being driven by 34-year-old Patria Espinet of Paterson, NJ. At the scene of the crash, Espinet told emergency responders that his neck hurt, after which he was transported to Chilton Memorial Hospital by personnel from the Pompton Lakes-Riverdale EMS.

October 31, 2010

NJ Drunk Driving News: Sobriety Testing May Become Mandatory in Cases of Serious, Fatal Auto Accidents

by Jonathan F. Marshall

Any one who has ever been arrested for DWI or charged with drunk driving here in New Jersey would likely agree that law enforcement and the judicial system have a very low tolerance for DWI offenders. With intensive drunken driving campaigns, roadside sobriety checkpoints and enhanced DWI and DUI patrols on public roads, the pressure is on to reduce instances of driving while intoxicated.

As a New Jersey drunk driving defense attorney with a staff of professional attorneys, I was not too surprised to read that the state legislature has been pushing for mandatory sobriety testing following any fatal traffic accident here in the Garden State.

According to news reports, a bill sponsored by Democratic Assemblymen Nelson Albano (Cape May Court House) and Paul Moriarty (Turnersville) would make it mandatory for a driver to either submit to a breathalyzer test (such as the Alcotest device) or to give up an actual sample his or her blood to allow authorities to determine whether alcohol or drugs were present in that individual’s bloodstream and therefore may have been contributing factor in the crash.

October 29, 2010

Bergen County Drunk Driving News: Multiple DWI / DUI Arrests in Lyndhurst, North Arlington

by Jonathan F. Marshall

DWI arrests come in all shapes and sizes, sometimes in ways that one wouldn’t expect. The important thing to remember is that anyone who feels the least bit tipsy from alcohol consumption or is otherwise impaired due to prescription medications (drug DUI) or other controlled dangerous substance (CDS) should think long and hard about climbing behind the wheel of an automobile. As a New Jersey DWI defense lawyer, I know that even sitting in a parked motor vehicle while intoxicated could result in a drunken driving arrest or summons. So why chance it?

Recently a number of arrests took place in could North Arlington and Lyndhurst, NJ, that illustrate what can and does happen to New Jersey drivers on a fairly regular basis. As Bergen County DWI Attorneys, my firm knows that you don’t have to be caught at a sobriety roadblock to feel the pinch of a DWI conviction down the road.

CDS PossessionA 25-year-old driver was stopped in the early morning hours on a Saturday for a routine traffic violation in North Arlington. The police officer pulled the man over for operating his vehicle without his headlamps turned on. Upon determining that the motorist had some outstanding warrants, the officer effected an arrest. In the process he found five bags of what police believed to be cocaine.

Marijuana Possession in a VehicleA 17-year-old Belleville driver was arrested in Lyndhurst after a routine traffic stop. According to police reports, the teenager was charged with possession of marijuana in a motor vehicle. Police eventually released the teen to his parent. Police issued the teenager a summons for violation of a provisional license
Drunk DrivingEarly on a Sunday morning, police responded to a noise complaint on Canterbury Avenue. When police arrived they found a car with its sound system turned on very loud. Observing a 46-year-old local man seated in the driver’s seat, the officers also noticed that the vehicle’s engine was running. Talking with the driver, the officers detected the odor of alcohol and requested the man exit the car and perform several field sobriety tests, which he failed. The man was subsequently charged with drunk driving, cited for not being a licensed driver, plus refusing to submit to a breathalyzer test. The man’s car was also impounded.
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October 28, 2010

New Jersey Drunk Driving News: Hackensack, NJ, Cops Charged with DWI-related Accident Cover-up

by Jonathan F. Marshall

As a former municipal prosecutor I have the utmost respect those professionals working in the law enforcement community. And who wouldn’t? These are the men and women who put their lives on the line every day to ensure public safety on our roadways and elsewhere across the state. Yet, even though I respect and applaud the effort and selfless dedication of the police force in general, as a New Jersey drunk driving defense attorney I understand that there are always going to be some bad apples out there.

The line we all must draw is when a public servant breaks the laws he or she is sworn to uphold. As a citizen I fully expect all public officials including police officers to carry themselves with dignity and remain exemplary role models to the rest of society.

What I cannot accept is a public servant who flouts the law or twists it for his own gain. Drunk driving is an area of the law in which I and my staff are quite experienced. Not long ago, a couple police officers from Hackensack, NJ, were charged with a cover-up involving a traffic accident. One of the shocking aspects of this story is that one of the cops was drinking and driving while off duty when he crashed his vehicle.

October 26, 2010

NJ DWI Defense Update: Legally Defining the Term “Impaired Driving” for New Jersey Motorists

by Jonathan F. Marshall

In Bergen, Monmouth, Ocean, Union and all counties throughout the Garden State, understanding what is or is not impaired driving is key to a good drunken driving defense. As a New Jersey DWI lawyer, my firm works to assist motorists who have been accused of driving under the influence of alcohol, prescription medication (drug DUI), controlled dangerous substances (CDS) or illicit drugs.

Making a determination of whether or not a New Jersey driver is operating his or her vehicle while impaired — at least as the term applies to alcohol consumption, typically requires taking a measurement of the suspect’s blood. What is measured is something called Blood-alcohol content or BAC for short. As a New Jersey drunken driving defense attorneys, I and my colleagues represent a wide variety of individuals charged with DWI and drug DUI. Establishing a driver’s BAC is an important part of the state’s evidence against that person when and if the case goes to trial.

Specifically, New Jersey law stipulates that if the operator of a motor vehicle, such as a passenger car, light truck, minivan or commercial delivery vehicle, is determined to have a BAC level of 0.08 percent or more, then that individual is guilty of driving while intoxicated (DWI), which is also known variously as drunken driving, driving under the influence (DUI), or impaired driving.

October 25, 2010

Essex County, NJ, Receives Grant Money to Increase Drunk Driving Patrols and DWI Arrests

by Jonathan F. Marshall

Like many New Jersey counties, Essex is the recipient of federal funds to cover the cost of traffic enforcement, including increased drunken driving patrols, sobriety checkpoints and other DWI-related policing efforts. As a New Jersey drunk driving defense attorney, I know that not every DWI or prescription drug DUI arrest results in a conviction.

As Essex County DWI lawyers, I and my colleagues understand the law and have years of experience in areas such as field sobriety testing, Alcotest and blood-alcohol testing equipment, as well as municipal and state court procedures. As a former municipal prosecutor myself, I know the kinds of techniques and strategies employed by the state to gain a conviction for driving under the influence of alcohol and prescription medications.

Police can arrest a motorist for being legally drunk on beer and wine, but arrests and summonses are also processed for drivers who are suspected of being impaired due to marijuana, cocaine and other controlled dangerous substances (CDS).