New Jersey DWI Lawyer Blog

May 2, 2010

New Jersey DWI Update: Court Holds that DWI Testing Rules Don’t Apply to Current Cases

Not long ago a New Jersey appellate court made its decision in the case of STATE v. HANNA, No. A-5256-08T4 (N.J.A.D. 2010). In this appeals case, the appellant, Douglas Hanna, argued that his drunk driving conviction was not valid because certain procedures that are now required for the collection of evidence through chemical-based blood-alcohol content (BAC) measurement testing were not in place when he was arrested and charged with driving while intoxicated.

As a New Jersey DWI defense attorney, I know there are many instances where an appeal can make sense following an unfavorable judgment in a drunk driving, drug DUI or breath test refusal case. In fact, I and my colleagues are experienced in this area and work aggressively to defend motorists who are caught on charges of driving under the influence of alcohol or prescription drugs.

In the case of Mr. Hanna, he was picked up for drunk driving on November 21 of 2007. Following his arrest, he was transported to the hospital due to complaints of chest pain. After being released from the facility, approximately two hours later, the police officer in charge detected the odor of alcohol on Hanna’s breath. The man did consent to a breath alcohol test conducted on an Alcotest device, which returned a BAC of 0.18 percent. According to court records, the device had last been calibrated seven months prior.

April 30, 2010

New Jersey Port Authority Cop Suspended following Morris County Drunk Driving Arrest

by Jonathan F. Marshall

Regardless of jurisdiction, every police office must obey the letter of the law that they themselves are sworn to uphold. No ifs, ands or buts. As a former New Jersey municipal prosecutor, I have every respect for our men and women in uniform, but as a DWI defense attorney I am troubled by reports of police officers or other law enforcement professionals who break the law themselves.

All I can say is: When will these individuals realize that they need to be doing it better and cleaner than anyone else? As citizens, we all expect our public servants to provide good examples to us and our children. Recently, a news article once again reveals how even the best cops can risk losing it all for one too many drinks.

According to reports, a Port Authority police inspector has been suspended following her arrest in Morris County for drinking and driving. Captain Susan Durett, the highest-ranking female officer at the Port Authority Police Department was arrested around 10pm on a Friday night last month when another motorist called police to report a possibly intoxicated driver on Shunpike Road.

April 28, 2010

NJ DWI-Drug DUI Defense News: Court Throws Out Cocaine Evidence due to Illegal Search

by Jonathan F. Marshall

As a New Jersey DWI defense attorney, my job is to provide motorists accused of drunk driving or drug DUI an aggressive defense against the charges. Taking into account that the state’s case usually hangs on the strength of the evidence presented at trial, this evidence must not be tainted in any way for the prosecution to have a chance of conviction in instances of driving under the influence of alcohol or prescription drugs.

As a former municipal prosecutor myself, I know first-hand how important it is that police follow proper procedures when collecting evidence against an individual. If not done correctly, as a drunk driving defense lawyer, I know that opportunities exist to have the such evidence ruled as inadmissible by the court. A recent decision by the Superior Court of New Jersey, Appellate Division (STATE v. MANSOORY) overturned an earlier conviction based on the manner in which drug evidence was collected from a defendant’s vehicle at the time of the arrest.

Leading up to the original case against Darius S. Masoory, which was tried in Cape May County, the defendant was arrested on charges of possession of cocaine after a search of the defendant’s impounded vehicle, following his arrest on suspicion of drunk driving at a ferry terminal operated by the Delaware River Bay Authority (DRBA).

April 26, 2010

NJ Drunk Driving Defense Update: New Jersey Appellate Court Upholds DWI Conviction per Chun

by Jonathan F. Marshall

When fighting a drunken driving charge, a New Jersey DWI defense lawyer will use all of his experience to help his client get a fair trial. Since being arrested and charged with driving under the influence of alcohol is a serious offense with long-lasting and potentially detrimental effects on a person’s life and livelihood, a drunk driving attorney will use the law in an effort to achieve the most favorable outcome.

The court will usually consider the defense’s arguments and weigh those against that of the prosecution. A recent New Jersey appellate court decision (STATE V. UZUPIS) upheld one man’s appeal of a drunk driving conviction. The circumstances of the arrest appeared to be questionable, which is why the defense files an appeal.

According to the original case tried in an Atlantic County court, Luke J. Uzupis had been arrested after police found him sleeping in his running vehicle. At that time, a police officer spotted the man’s car parked at a closed gas station around midnight. The headlights were reportedly will on and the engine was running.

April 24, 2010

New Jersey Drunk Driving Defense News: Morris County Man Arrested for DWI; Resisting Arrest

by Jonathan F. Marshall

The outcome of charges arising from a drunken driving arrest, like many offenses tried in court, can be influenced by numerous factors. These can include the police officer’s initial evidence of intoxication, the breathalyzer or blood test results, circumstances surrounding the arrest and whether or not law enforcement personnel followed proper procedures when gathering or handling any evidence related to the DWI case.

When it comes to circumstances, it’s critical to remember that how a motorist conducts himself can influence how the police react and how the court views the defendant in the courtroom. For many people, being drunk or even slightly tipsy can bring out hidden personality traits, so there is no telling sometimes how a motorist will act when pulled over for allegedly driving under the influence of alcohol, prescription drugs or marijuana, cocaine or other dangerous controlled substance (CDS).

While there is no guarantee that acting the part of a model citizen during a DWI or drug DUI traffic stop will gain you any points for style if and when your case goes to trial, it can’t hurt either. Sometimes, accepting your circumstances is the best path, especially when dealing with a law enforcement officer.

April 22, 2010

New Jersey DWI Police Blotter: Bergen County, NJ, Drunk Driving and Marijuana Possession Arrests

by Jonathan F. Marshall

Marijuana CDS

In a possible drug DUI incident in North Arlington, NJ, two 20-year-olds in a light truck were stopped by a police officer who had been alerted by local residents to a possible marijuana drug deal going on in a local neighborhood. The traffic stop occurred on Belmont Avenue just before 4pm on a weekday. When the two men — who apparently were passengers in the truck — denied holding any marijuana, the officer told them that he would call in a drug sniffing dog to investigate. At that point, one man reportedly ran from the scene. He was eventually caught and arrested. Both he and the other 20-year-old were charged with possession of controlled substance and later released on summonses.

In Lyndhurst on a Saturday evening, police approached an apparently suspicious looking car that was sitting in a lot on Chubb Avenue. As officers approached the occupied vehicle, they could detect the reportedly strong odor of marijuana coming from the car. Based on police reports, a 15-year-old passenger and resident of Belleville, NJ, was charged with possession of marijuana.

April 20, 2010

New Jersey Drunk Driving News: Driver Flips Vehicle in Monmouth County Drunk Driving Crash

by Jonathan F. Marshall

While there are a variety of drunken driving charges, those involving vehicle accidents are more serious than simply being pulled over for a minor traffic violation and then issued a summons for DWI. As a New Jersey drunk driving defense lawyer, I and my colleagues have represented hundreds of motorists charged with driving while under the influence of alcohol or prescription drugs.

Some of these people were involved in serious accidents, while others were simply going about their business when they were stopped by a police office on suspicion of driving while intoxicated, or just a normal traffic violation that ended up turning into a full-blown DWI or drug DUI charge.

A smaller percentage of drivers are arrested for operating a vehicle while impaired by alcohol or a controlled and dangerous substance (CDS) as a result of a fatal traffic accident. As a DWI defense lawyer practicing throughout the Garden State, I will say that the most serious cases involve fatal wrecks or very serious injury accidents.

April 18, 2010

New Jersey DWI Defense Update: What Every Driver Should Know About Drunk Driving Arrests — Part One

by Jonathan F. Marshall

Being drunk on the road is always a risky scenario. But as a New Jersey drunk driving defense lawyer and former municipal prosecuting attorney, I know that many Motorists get caught up in DWI arrests unexpectedly. Understanding that being arrested for driving under the influence of alcohol is just the start of a long process is fine, but knowing that being convicted of driving while intoxicated is something you should avoid if at all possible.

The following may help some motorists in the Garden State avoid the pitfalls and legal troubles of being arrested, charged and convicted of drunken driving. Of course, the entire process starts with being pulled over for impaired driving in the first place. Whether you are eventually charged with DWI, drug DUI, breath test refusal, or other drunk driving violation, a traffic stop comes first.

Some people wonder is under what circumstances a patrolman can pull them over for driving drunk. While the officer in charge may not initially be aware of your alcohol consumption or prescription drug use, he can stop you for any number of reasons associate with violations of traffic law.

April 16, 2010

Morris County DWI and Drug DUI News: Madison, NJ, Drunk Driving Arrest Police Blotter

by Jonathan F. Marshall

In the early hours on a Wednesday morning, police observed a vehicle apparently being driven in an erratic manner. Pulling the car over to issue a traffic citation, the patrolman likely detected evidence of drinking and driving on the driver’s part, after which the 20-year-old female resident of Greenvillage, New Jersey, was arrested for driving while intoxicated. The officer took the allegedly drunken driver to police headquarters and charged with DWI. She was released to the custody of a friend not long afterward.

In a potential case of drug DUI, a 19-year-old out-of-state woman was found by police to be in possession of possession of marijuana and drug paraphernalia following a routine traffic stop in the municipality of Madison, New Jersey. Although the officer in charge had originally stopped the vehicle apparently for a moving violation, he discovered that a passenger was in possession of a schedule 3 narcotic. The woman was transported to headquarters for processing and later released pending a court appearance.

During a routine early evening traffic stop for defective vehicle, a Madison, NJ, police officer apparently suspected that one of the passengers in the vehicle may have had some kind of controlled dangerous substance (CDS) on his person. The suspect, a 19-year-old Fairlawn man, was arrested and charged with possession of marijuana, possession of prescription legend narcotics, and possession of drug paraphernalia. Officers transported the man to headquarters for processing and then released him pending a court appearance.

April 15, 2010

NJ Ignition Interlock Law Effects Many DWI Cases

by Jonathan F. Marshall

I was interviewed by the Star Ledger today regarding the New Jersey Ignition Interlock law. The related newspaper story is to be published early next week and shall focus on the growth in the state’s ignition interlock industry. I would have to agree with the reporter concerning the growing demand for interlock devices in this state as a result of Ricci’s Law.

NJ law was significantly expanded with reference to those DWI arrests to which an ignition interlock penalty applies. The amendment to the law, commonly referred to as “Ricci’s Law”, effects all arrests after January 14, 2010. The biggest change involves mandatory installation of an ignition interlock for first time offenders convicted based on a blood alcohol concentration of .15% or higher. The new interlock law also requires installation for all individuals convicted of refusal to submit to a breath test.

My impression is that the interlock will now come into play in the majority of DWI cases filed in NJ. Indeed, it shall effect not only all multiple offenders (e.g. Second Offense, Third Offense, etc.) and all refusals, but also a large portion of those committing their First Offense (i.e. .15 reading or higher). The associated expense, which can range from approximately $750 to $1,500, is a major consideration in these cases, not to mention the intrusive effect that imposition of an interlock has on an individual’s travel. The incentive to defend a DWI charge in New Jersey clearly also experienced growth by virtue of Ricci’s law.