New Jersey DWI Lawyer Blog

April 12, 2010

Hudson County DWI News: Bayonne, NJ, Police Arrest Two Drunk Drivers in Weekend Operations

Drunk driving in New Jersey is punishable by fines and jail time. Monetary costs for being convicted of driving under the influence of alcohol can range from hundreds of dollars to thousands (not including increased insurance premiums as a DWI offender). Jail time, when stipulated, can be as much as sic months for operating a vehicle while intoxicated. You can also lose your license for upward of three years, which could impact your ability to get to a job or meet family obligations.

In Monmouth County, like that of Bergen, Ocean, Mercer and other counties around New Jersey, the police and the courts frown on motorists who flaunt the law. Whether you are found guilty depends on your choice of counsel and the extent of the drunken driving charges against. As a New Jersey DWI defense lawyer and former municipal prosecutor, I know when to fight and when to negotiate.

In Hudson County recently, two individuals were arrested by police in separate instances involving alleged alcohol-impaired motor vehicle operation. According to reports, Bayonne police responded to a car that hit two other parked vehicles on Avenue A near midnight on a Friday.

April 10, 2010

NJ Drunk Driving Update: Former Mets, Yankee Baseball Player Arrested for DUI in Bergen County

by Jonathan F. Marshall

A former Yankee and Mets ball player was recently collared by New Jersey police on charges of driving under the influence of drugs. According to news reports, 45-year-old Dwight Gooden — major league baseball ace pitcher — was allegedly operating a motor vehicle in a drug-impaired condition with a child riding as a passenger.

As a New Jersey drunk driving defense lawyer, I know how serious this kind of charge can be, especially when a minor child may have been knowingly or unknowingly put in jeopardy because of the driver’s actions. This is why I always recommend that people who are accused of DWI, drug DUI, breath test refusal or other traffic offense tied to driving while impaired contact a qualified legal professional as soon as possible.

In this case, Gooden was placed under arrest on a Tuesday morning for the drug DUI offense as well as reckless driving and leaving the scene of an accident. The fact that the man may have been involved in a possible accident makes the situation that much more critical.

April 8, 2010

New Jersey DWI News: Morris County Teen Driver Eats Marijuana Stash to Avoid Possession Charges

by Jonathan F. Marshall

If the police find weed, cannabis, or marijuana in a motorist’s vehicle they will most likely issue a summons for possession in a motor vehicle. While young drivers may not think anything of this, believe me when I tell you it is a serious offense; one for which you would do well to have a qualified DWI and drug DUI defense attorney by your side.

You may ask, why? First off, New Jersey law prohibits anyone from driving a car, SUV or truck while at the same time knowingly being in possession of marijuana. The key word here is knowingly, but that is another topic for another day. Suffice it to say, this law is directed at operators solely and cannot be applied to other occupants of the vehicle.

As New Jersey drunk driving defense lawyer, I have represented people accused of marijuana possession in a vehicle, as well as driving under the influence of a controlled substance and simple DWI. The penalty for marijuana possession in a vehicle includes a mandatory two-year license suspension.

April 6, 2010

Drunk Driving News: Former New Jersey Nets Star Pleads Not Guilty to DWI Crash

by Jonathan F. Marshall

It’s obvious that professional athletes and other well-known personalities get into their fair share of trouble from time to time. Drunken driving, driving under the influence of alcohol, prescription drugs or marijuana, even illicit or illegal drug DUIs are common. As a New Jersey drunk driving defense attorney, I and my colleagues represent numerous clients accused of these and other impaired driving offenses.

According to a news report, former Nets player, Jayson Williams, asked the court to toss out a DWI (driving while intoxicated) charge he received earlier not long ago in Manhattan. The NBA star claimed he had done nothing illegal and was simply sitting in his damaged Mercedes when local police arrested and charged him with driving under the influence.

The basketball star’s DWI defense lawyer filed a statement along with other documents explaining to the court that Williams “had not, was not, or was not about to do any act which constituted a crime.” According to reports, Williams is serving a five-year prison sentence in New Jersey after pleading guilty to aggravated assault for fatally shooting a limo driver in 2002.

April 4, 2010

NJ DWI News: Out-of-State Driver Charged with Drunk Driving after Hitting Jersey City Cop

by Jonathan F. Marshall

It’s a fact that being convicted of drunken driving or drug DUI in another state can have the same effect as getting a conviction for driving under the influence of alcohol here in New Jersey. As a New Jersey DWI defense lawyer, I remind people that defending a motorist in cases of administrative suspension — or when an out-of-state drunk driving conviction may be used for sentencing purposes — is something an experienced DWI defense attorney is well-equipped to handle.

In the instance of an administrative suspension based on an out-of-state drinking and driving offense, New Jersey typically imposes that period of suspension which would be provided for under New Jersey law. That is to say, New Jersey’s Division of Motor Vehicles would consider the type of conviction in terms of how many previous DWI offenses that particular conviction represents (e.g. a first, second, or third violation).

Recently, an out-of-state driver was arrested and charged with DWI after hitting a Jersey City police car in a late night accident. The man, 44-year-old Michael B. Kelley, was also issued a summons for refusing to submit to a breath test following his arrest.

April 2, 2010

New Jersey Drunk Driving News: Will Anti-DWI Breathalyzer-Ignition Interlocks Cause Traffic Accidents?

by Jonathan F. Marshall

Since the passing of another anti-drunk driving bill in the state legislature earlier this year, some people have voiced concern over the safety of ignition interlock devices, which are designed to disable a vehicle if the operator’s blood-alcohol content (BAC) is over a certain level. The law requires even those convicted of a first-time DWI violation to have the breathalyzer-type device installed on their vehicle.

As a New Jersey lawyer who defends motorists charged with driving under the influence of alcohol, I was not surprised by the passage of this law especially considering the strong public support for most any DWI, drug DUI or other drunken driving offenses. Not only does a conviction for driving while intoxicated carry a stigma that is not easily lost, court costs, fines and increased insurance premiums only add to the burden, even for first-time offenders.

Recently, an editorial addressed the concern of having so many vehicles fitted with a breathalyzer-ignition interlock device. The fear is that these devices might cause additional distractions or literally shut off the vehicle as it is traveling on a busy expressway, possibly causing an accident.

March 31, 2010

Morristown Judge Sentences Oak Ridge Man to Three Years in Prison for DWI Injury Accident

by Jonathan F. Marshall

A resident of Oak Ridge, NJ, was recently given three years in jail for a May, 2009, drunk driving accident that left a 71-year-old newspaper delivery man with multiple injuries. As a New Jersey DWI defense attorney, my firm handles drunken driving cases through the Garden State. I know from experience that severe injury accidents involving alcohol can land a motorist in prison very easily.

In this particular case, the defendant was found guilty of operating a motor vehicle while intoxicated. Furthermore, the man had apparently tried to elude Jefferson Township police while driving drunk a second time months after the accident, something that never improves one’s chances in court. As a former municipal prosecutor, I understand the strategies used by prosecuting attorneys when it comes to DWI offenders.

According to news reports, Superior Court Judge David Ironson sentenced 23-year-old Ibrahim Hasan to three years in prison for having deprived the victim, Oak Ridge resident Jerry Begley, of what should have been his golden years.

March 30, 2010

Police Track Down, Arrest Driver for DWI after Drunk Driving-related Traffic Accident

by Jonathan F. Marshall

As a New Jersey DWI defense lawyer, I can tell you unequivocally that running from or trying to evade the police due to a drunk driving stop or worse, a DWI traffic accident will in no way improve your chances in court. Being convicted for driving under the influence of alcohol is already a stigma in our society; the law these days is extremely harsh on violators, which makes any additional related offenses counter-productive at best.

Not long ago, a 22-year-old man was arrested for drunk driving as well as allegedly being involved in a single-vehicle traffic accident in Barnegat, NJ. According to news reports, the incident started with a call to police regarding a one-car collision on Route 532 in the early morning hours on a Sunday.

When the officers arrived, they found a Toyota Tacoma with severe front-end damage that had obviously crashed into a snowbank, however the vehicle was empty and there was no sign of the driver. Police also noticed that the vehicle’s two front airbags had been deployed due to the impact.

March 28, 2010

New Jersey DWI Police Blotter: Drunk Driving and Drug DUI Arrests in Monmouth County

by Jonathan F. Marshall

Defending motorists charged with driving under the influence of alcohol is a common sight in New Jersey municipal courts. Whether a person is arrested in Monmouth, Bergen, Ocean or any number of other counties throughout the Garden State, the routine is always the same: Contact a qualified and experienced DWI defense lawyer.

Being a New Jersey drunk driving defense attorney, I have handled dozens of driving while intoxicated court cases, as well as drug DUI and breath test refusal. Regardless of where you live, being arrested for DWI or for operating a motor vehicle under the influence of illicit or prescription drugs is a serious offense not to be taken lightly. The following arrest reports illustrate the kinds of cases we typically see.

Red Bank
Five individuals were arrested over the course of 10 days for driving under the influence of alcoholic beverages. The suspects ranged in age from 21 to 60 years old. Three of the arrestees were residents of Red Bank, NJ, while the other two were from other communities; a 21-year-old man from Eatontown and 51-year-old gentleman from Rumson, New Jersey.

Asbury Park
A 41-year-old woman from Freehold was pulled over by police on Main Street for a routine traffic violation. During the traffic stop, the officer in charge apparently detected some illegal drug paraphernalia in the vehicle. Upon further inspection, the patrolman found crack cocaine on the suspect’s person. The driver was arrested and charged with possession of crack cocaine, possession of drug paraphernalia and motor vehicle violations.

Howell
A 32-year-old Lavallette man was pulled over on Strickland Road by police officers for what apparently was a routine traffic violation. During the stop, the police detected the scent of marijuana and found the driver in possession of less than 50 grams of the illegal herb. Police arrested the man and charged him with operating a motor vehicle in possession of a controlled dangerous substance (CDS).
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March 26, 2010

DWI Defense Law Update: NJ Appellate Court Overturns Decision on Sentencing for Convicted Drunk Drivers

by Jonathan F. Marshall

Recently there was an important change to New Jersey drunk driving law affecting the sentencing of motorists convicted of DWI offenses. According to reports, a New Jersey appellate court overturned a decision that had stood as a precedent for the past 17 years. As a New Jersey drunk driving defense lawyer, my aim is to help those accused of driving under the influence of alcohol or prescription drugs get a fair hearing. Changes such as this latest decision will have a great affect on DWI case going forward.

The recent appellate court ruling states that any previous convictions for the violation of New Jersey’s implied consent law must now be considered as prior DWI convictions where drunk driving sentencing is concerned.

The case in question, State v. Ciancaglini, No. A-2785-08T4 (N.J.A.D. 2010), was brought by the state of New Jersey as an appeal to the sentencing of Eileen Ciancaglini, a woman charged with drunk driving back in May 2008 (at that time Ciancaglini blew a 0.17 percent BAC on a breathalyzer).

Ciancaglini had already been convicted of drunk driving in 1979; she was also convicted of refusing a chemical alcohol test in 2006. When she pled guilty to the 2008 DWI charge she was sentenced as a third-time offender by the municipal court (Here in New Jersey, drunk driving defendants have the right to appeal the decisions of municipal courts to New Jersey Superior Court, which is exactly what Ciancaglini did).

In that appeal, the Superior Court used a precedent established in State v. DiSomma, 262 N.J.Super. 375 (N.J.A.D. 1993). In the case, the court found that prior refusal convictions did not count as prior DWI convictions under New Jersey’s DWI sentencing statute, N.J.S.A. 39:4-50. (This law also requires the court that sentences the defendant to discount a conviction so long as it occurred more than 10 years prior to the current conviction.)
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