New Jersey DWI Lawyer Blog

March 26, 2010

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

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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March 24, 2010

NJ Drunk Driving Defense: Valid Breath Tests Require a Minimum 20-Minute Observation Period

by Jonathan F. Marshall

As a New Jersey drunk driving defense attorney, I and my fellow lawyers must know all the details of DWI law and the processes that law enforcement agencies use to determine legal intoxication due to alcohol consumption. Part of this knowledge is how a breath testing machine, such as the Alcotest device, is used and procedures required by law that make any reading valid and useful in a court of law.

In New Jersey, the law states that for a breathalyzer machine to yield readings that can be used with confidence, the operator must ensure that at least 20 minutes have elapsed since the drunk driving suspect’s last ingestion of alcohol before administering the test. The reason for this is to avoid any possible presence of what is termed “mouth alcohol.” If this observation period is not followed, there is a chance that the machine can give a falsely high reading, as per State v. Downie, 117 N.J. 450, 455 (1990).

Although the term “ingestion,” is used here, the main purpose of the 20-minute time interval is so the breathalyzer operator can be assured that there is no alcohol present in the suspect’s mouth at the time of testing. As stated previously, any residual alcohol in the person’s mouth could cause an inaccurate measure of breath alcohol, which would invalidate the reading and call into question the procedures used by police.

March 22, 2010

Drunk Driving Defense News: New Jersey Man Faces 60 Years in Prison for Fatal DWI Accident

by Jonathan F. Marshall

A Morris County jury recently convicted a Dover, NJ, resident in connection with the April 2006 deaths of two teenage girls. As a result of the guilty verdict for aggravated manslaughter, the defendant Eugene Baum, Jr. could be looking at a maximum of 60 years in prison for the fatal drunk driving-related accident.

As a New Jersey DWI defense attorney, my law firm handles cases not unlike this one on a regular basis. Because of the facts in the case, it’s not surprising that the prosecutors would be seeking the maximum sentence of 60 years in jail for the defendant. According to news reports, the accident occurred in Kinnelon, NJ, on April 20, 2006, when Baum ran over the two cousins while operating his vehicle in an apparent drunken stupor.

News articles stated that the jury deliberated for three hours before declaring the 48-year-old Dover resident guilty of two counts each of aggravated manslaughter and death-by-auto. Following the guilty verdict, the Morris County Prosecutor said his office would seek a 60-year sentence — 30 years apiece for the aggravated manslaughters. The accident took the lives of 16-year-old Athear Jafar and 15-year-old Mayada Jafar.

March 20, 2010

NJ DWI Defense News: Union County Driver Arrested by Roxbury Police in Apparent Drug DUI Accident

by Jonathan F. Marshall

A Union County resident was recently arrested for driving under the influence of alcohol and possession of illegal drugs following a Denville, NJ, traffic stop. According to reports the driver apparently left the scene after being stopped by Denville police. He then proceeded toward Roxbury where local police say the man crashed his vehicle trying to avoid capture.

Being a drunk driving defense attorney practicing in Morris, Union and other counties throughout New Jersey, I know that any attempt to evade or lead police on a chase will only make things worse once they catch up with the suspect. Indeed, it is a rare drunk driver who can out-think or out-drive any of the Garden State’s law enforcement professionals. Better to accept your situation rather than make things worse than they already are.

In this particular case, the driver ended up crashing his GMC Envoy in the municipality of Roxbury and he still was arrested for DWI and drug possession. According to news articles, the incident started with Denville authorities attempted to pull over 36-year-old Manuel Mosquera around 3pm on February 12. The man apparently tried to evade the Denville officers before they could get him to stop his vehicle.

March 18, 2010

Morris County, New Jersey, DWI News: Parsippany Woman Leaves Scene of DWI Accident

by Jonathan F. Marshall

Leaving the scene of an accident is one of the many mistakes that motorists can make following an automobile wreck. As a New Jersey drunk driving defense attorney and former municipal prosecutor, I understand how certain facts can influence the decision of a drunk driving court judge. While one’s first reaction to something as traumatic as a car collision is to avoid the scrutiny of a responding police officer, the ramifications of leaving the scene of an accident can be quite severe.

Especially where alcohol is involved, police agencies and the courts have become very critical of motorists who flaunt the law to their own advantage. Recently, a Parsippany resident who was later accused of a drunk driving-related car accident allegedly fled the scene; turning a bad situation into an even worse one.

According to news reports, 48-year-old Elizabeth Stockinger was arrested around 1pm on January 29 after she apparently drove her 1993 Mercury Sable into a second vehicle on East Halsey Road. Immediately following the collision, the woman reportedly drove away in the direction of Pomeroy Road. Based on police reports, Stockinger crossed the double yellow traffic line prior to the accident while trying to make a left-hand turn.

March 16, 2010

Former New Jersey Police Officer Goes to Prison for Fatal DWI Pedestrian Accident

by Jonathan F. Marshall

When it comes to car-pedestrian accidents, the person on foot rarely has a chance. Add alcohol consumption into the mix and that’s a potentially deadly combination. The trial of a Jersey City police officer who was arrested for the drunk driving death of a pedestrian has recently come to its completion. According to news reports, the off-duty officer faces up to 10 years in prison for killing a pedestrian in an out-of-state DWI crash.

As a New Jersey drunk driving defense attorney, I have been on both sides of the aisle in cases similar to this one. An arrest for driving under the influence of alcohol, breath test refusal or prescription drug DUI is already a serious situation that calls for the assistance of a qualified drunk driving lawyer. In cases involving a fatality, whether pedestrian or another driver, an experienced DWI attorney is a necessity.

Based on news articles, the incident that led to the arrest occurred in Manhattan back in Early 2009. At that time, the former officer, Martin Abreu reportedly had a blood-alcohol content of 0.124 percent when he struck and killed 26-year-old Huang “Marilyn” Feng. Based on reports, Abreu’s police partner was riding in the car with him at the time of the collision.

March 14, 2010

New Jersey DWI News: Former FedEx Driver Denied Unemployment Benefits due to Off-hours DWI Arrest

by Jonathan F. Marshall

A Federal Express delivery truck driver who was fired for a drunken driving-related traffic offense was recently denied an appeal to get New Jersey unemployment benefits. It’s no surprise that penalties for DWI and drug DUI offenses are pretty heavy in the New Jersey area. This story only brings home the point that retaining a qualified drunk driving defense attorney should always be foremost in one’s mind following a DWI arrest.

As a New Jersey DWI attorney, my office handles cases of motorists arrested for driving under the influence of alcohol and prescription drugs on a regular basis. It’s not uncommon for many drivers charged with driving while intoxicated to get hit with fines and other monetary penalties as well as court-imposed jail sentences.

Additionally, this case should remind everyone that a DWI conviction can make a motorist ineligible to receive unemployment insurance. This is exactly what happened to Alan G. Roche last January after he was fired from his driving job at FedEx, also as a resul of his drunk driving arrest. In fact, recent appeals court decisions have upheld the denial of unemployment benefits due to a worker leaving a company voluntarily “without good cause attributable to the work.”

Based on reports, Roche was cited for drunk driving in February 2008 while driving his private car outside of working hours. Unfortunately for Roche, FedEx’s company policy calls for any driver who does not clear a DWI charge from their record within three months to either find other (non-driving) employment in the company or be fired.

Based on reports, FedEx put Roche on unpaid leave for three months, but the man was not able to clear himself of the DWI charge within that time period. When he checked for other jobs at FedEx that did not involve driving, he was told that there were no open positions. Roche was fired from FedEx in June of last year.

Roche applied for unemployment benefits in New Jersey the following month, however he was denied them. A state review board said that a precedent from Yardville Supply Co. v. Board of Review, 114 N.J. 371 (1989), a New Jersey Supreme Court case from 1989, required them to deny Roche’s claim.
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March 12, 2010

New Jersey Drunk Driving News: Bergen County Man Charged with DWI Despite 0.0 Blood-alcohol Reading

by Jonathan F. Marshall

While fighting a DWI arrest is a fairly common practice, fighting a drunken driving charge after “blowing” a double-zero on an Alcotest device is somewhat out of the ordinary. As a New Jersey DWI defense attorney, I and my colleagues are certified in the proper use, operation and maintenance of the Alcotest breath testing machine typically in use by most all of New Jersey’s police departments and state DWI enforcement agencies.

According to a recent news article, a Garfield, NJ, man was charged with driving under the influence of alcohol even after he registered a 0.0 percent blood-alcohol content on not one, but two supposedly well-maintained and correctly calibrated Alcotest devices. Regardless, Fair Lawn police charged 20-year-old Dariusz Palka with DWI anyway.

Based on police reports, Palka was pulled over around 2am at a DWI sobriety checkpoint on Broadway and 17th Street while traveling in the city with a number of buddies back on December 19. The friends were reportedly looking for a place to eat as the reason for their late night drive.

March 10, 2010

NJ DWI News: Avalon Police Participate in Drug DUI and Drunk Driving Enforcement Campaign

by Jonathan F. Marshall

For drivers traveling in Cape May and surrounding New Jersey counties, news reports indicate that the Avalon Police Department and other law enforcement agencies are taking part in a DUI prevention campaign until March 17, St. Patrick’s Day. Known worldwide as a day of celebration, Saint Paddy’s Day can be a busy time for local police and state law enforcement agencies focused on arresting drivers found driving drunk, as well as violating other DUI and DWI laws.

As a New Jersey drunk driving defense lawyer, I have seen the effects of these enhanced enforcement campaigns. Many motorists are picked up on the road or at sobriety checkpoints, also known as DWI roadblocks. The penalties for drunk driving or drug DUI convictions can be very stiff and can also include jail time for repeat offenders. It’s always a good idea to seek professional legal advice if you or someone you know is arrested or receives a summons for driving while intoxicated.

According to reports, the Avalon Police Department is currently participating in an impaired driving prevention operation until the 17th. It’s no coincidence that this campaign coincides with St. Patrick’s Day, which police know involves the consumption of alcoholic beverages by many motorists.

March 8, 2010

Police Charge New Jersey Motorist with Driving Under the Influence of Alcohol after Hitting Utility Pole

by Jonathan F. Marshall

Accidents resulting from drunken driving are typically treated much more strictly by local and state law enforcement agencies when compared to “normal” accidents, such as inattentive or distracted driving. While the results may be just as costly or traumatic for those involved, it should come as no surprise that police have little tolerance for DWI-related crashes.

Being a drunk driving defense attorney representing drivers from all around the New Jersey area, I know how even a simple fender-bender can turn out to be a big deal once the police determine it may have been caused by alcohol consumption. Of course, a property damage accident is far less serious than a crash that takes an innocent life. This is why, no matter what the circumstances, consulting with an experienced DWI defense lawyer is the first step in the process of avoiding a drunk driving conviction.

Recently news reports detailed a crash in Lower Township in which the driver wrecked his vehicle by hitting a utility pole. The accident occurred on Sunday, February 28, in Cape May County, NJ, when a 9-1-1 operator received a call reporting a motor vehicle accident in the 500 Block of Sunset Blvd. The accident itself was described by witnesses as a vehicle-versus-pole wreck.