New Jersey DWI Lawyer Blog

March 6, 2010

New Jersey Drunk Driving Defense: Bergen County DWI and Drug DUI Police Blotter

A number of recent DWI and controlled/dangerous substance (CDS) arrests in Bergen County, New Jersey, illustrate the ease and frequency of drunk driving and drug DUI arrests around the state. As a New Jersey DWI defense lawyer, my aim is to help my clients get a fair trial and to defend each individual against potential abuses or procedural errors on the part of the police.

Drunken driving has become a serious offense in New Jersey, as well as across the United States. This does not change the fact that every person accused of or charged with a DWI offense is considered innocent until proven guilty. As a former municipal prosecutor, I understand the techniques used by law enforcement to attain drunk driving convictions. The following news items reflect the kinds of arrests that occur on a weekly basis here in the Garden State.

Lyndhurst
A 33-year-old Rutherford man and a 32-year-old man from Lyndhurst, NJ, were each arrested on a late January evening in what could have been a drug DUI incident following a complaint of illegal fireworks in the 100 block of Copeland Avenue. Police identified a vehicle that allegedly left the scene of the incident and conducted a standard motor vehicle stop. In the course of the arrest, one of the occupants was charged with possession of a prescription drug without a prescription. The other man was charged with possession of marijuana, and found to have a $400 outstanding warrant. Both were subsequently released on summonses.

Rutherford
A 34-year-old New York man was arrested on a Thursday morning in late January for DWI and careless driving following a motor vehicle stop on westbound Route 3. According to police, the suspect was allegedly passed out behind the wheel when the officers approached the man’s vehicle. He was transported to Meadowlands Hospital due to his apparently high level of intoxication. Police later released the motorist on summonses.

A 20-year-old Kearny driver was arrested on January 30 in the early morning hours for DWI and failure to keep right. Police reported that the suspect made an illegal left turn onto Station Square and then began driving the wrong way before officers pulled him over. The driver reportedly failed a field sobriety test and later registered a 0.12 percent reading on the breath test. The man was subsequently released on summonses.

East Rutherford
A Rutherford resident was arrested in the early morning hours of a Sunday, charged with DWI. According to reports, witnessed flagged down a patrolman regarding a vehicle that had been observed swerving on southbound Route 17. Police reported locating the vehicle and its 25-year-old driver in a parking lot on the corner of Hoboken Road and Enoch Street. The motorist allegedly failed a field sobriety test, after which he was transported to Hackensack University Medical Center due to his being visibly impaired by alcohol.
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March 4, 2010

NJ DWI Law Update: Jersey Supreme Affirms Alcotest Subject be Monitored by “Any” Competent Witness(es)

by Jonathan F. Marshall

The New Jersey State Supreme Court Appellate Division recently rejected the argument of defendant-respondent, Damian Tirello, who claimed that his breath test results were not admissible as evidence because the Alcotest-trained police officer did not remain in the DWI room with him breathalyzer test.

The Court referred to a previous ruling (State v. Ugrovics, 410 N.J. Super. 482 [App. Div. 2009]), and stated that the procedural requirements were in fact met in original case against Mr. Tirello. The appeal had been brought by the state as a result of a lower court’s decision to throw out Tirello’s breath test results due to a failure of the police to follow the correct procedure.

As a New Jersey drunk driving defense attorney and former municipal prosecutor, I understand the ins and outs of breath testing. In this particular case, the subject of the breathalyzer test claimed that the same officer did not remain in the DWI room, having left for a period of time before coming back to administer the breath test. However, the Court ruled that because another officer was in the room with the suspect continuously that the procedures were followed and the breath test results would stand.

According to court records, Tirello was arrested following a two-car accident in Wildwood, NJ. The man admitted to police that he was one of the drivers involved, during which Patrolman Nino Cusella detected an odor of alcoholic beverage on defendant’s breath and observed that defendant’s eyes were watery and bloodshot.

Although Tirello reportedly denied drinking any alcoholic beverages, Officer Cusella told him that he was stuttering and his speech was slurred. The suspect then admitted to drinking a couple of beers earlier in the evening. Although defendant was able to recite the alphabet, he swayed while performing field sobriety tests. He was then arrested, handcuffed and searched.

Officer Cusella testified that “everything” was taken from defendant’s person, including his cell phone and any type of food, gum, mints or cigarettes. Police kept the suspect handcuffed in the patrol car and they were not removed until he was taken into the “DWI room” by Officers Cusella and Chobert.

According to reports, Tirello remained in the presence of an officer who was able to observe that he never put anything in his mouth, did not burp or regurgitate and did not use the bathroom.
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March 2, 2010

NJ Drunk Driving News: New Jersey Man on Trial for Fatal 2008 Drug DWI Accident

by Jonathan F. Marshall

As New Jersey DWI defense lawyer who defends clients arrested for drunk driving, I can easily say that being charged with driving under the influence of alcohol, marijuana or prescription drugs in connection with a minor traffic violation is nowhere near as serious as being arrested for an injury accident or fatal alcohol- or drug-related crash.

The state of New Jersey takes a dim view of intoxicated driving, which is why the penalties and fines associated with DWI and DUI convictions can be rather severe. Add an injury or death as a result of a drunken driving accident and the outcome of a drunk driving trial could mean a very long prison sentence.

Not long ago a jury heard the initial statement from a defendant regarding a July 2008 fatal drug-related DUI crash that left a motorcycle rider dead following a head-on wreck along Route 47. According to reports, the accident occurred on a summer afternoon when Nicholas Golden slammed into the biker as the two vehicles approached each other.

February 28, 2010

New Jersey DWI News: Lower Township, NJ, Reported Fewer Drunk Driving Arrests in 2009

by Jonathan F. Marshall

Not long ago, the National Highway Traffic Safety Administration (NHTSA) reported that the number of fatal DWI-related accidents dropped from 201 dead in 2007 to 154 in 2008 – according to the NHTSA, 2008 was the last year for which complete statistics were available. Also mentioned was the drop in drunken driving arrests, which were reduced by six percent based on data provided by the New Jersey State Police.

At that time it was suggested that these decreases may have been influenced by the stiffer penalties for motorists convicted of driving under the influence of alcohol. It’s no secret that drunk driving in the New Jersey area is a dangerous activity. Police and state law enforcement agencies continue to increase the frequency of patrols, as well as instituting sobriety checkpoints, also known as drunk driving roadblocks.

As a New Jersey DWI defense lawyer, I know how expensive a drunken driving conviction can be to a person’s bottom line. This is because the penalties for DWI in the Garden State can carry heavy fines and even jail time.

February 25, 2010

New Jersey DWI and Drug DUI Defense: Drunk Driving Police Blotter

by Jonathan F. Marshall

While it is true that not all DWI arrests and drunken driving summonses result in a conviction for driving while intoxicated, a percentage of New Jersey motorists cited for driving under the influence of alcohol are found guilty. As a New Jersey drunk driving defense attorney, I and my colleagues handle dozens of drunk driving, breath test refusal and drug DUI cases every month.

Whether you have been arrested for DWI or for operating a motor vehicle under the influence of illicit or prescription drugs, it is advisable to retain the services lawyer. The following selection of recent drunken driving incidents illustrates the possible scenarios of DWI arrests and other DWI-related charges.

Whether you live in Newark, Trenton, Atlantic City or any of the other cities and towns throughout New Jersey, remember that a DWI conviction will likely affect your life in an adverse way.

A 27-year-old Lyndhurst motorist was arrested for driving while intoxicated (DWI) in late January. The incident occurred just before 2pm, according to police reports. Two police officers stopped the driver for speeding on Route 3 near Passaic Avenue. While interviewing the man, the officers allegedly detected signs of intoxication. They reportedly administered several field sobriety tests, which the driver was unable to pass. He was arrested and charged with DWI after registering a blood-alcohol content (BAC) of 0.31 percent on a breath-testing device. He was also issued summonses for speeding, failure to wear a seatbelt and failure to maintain his lane.

A Clifton resident was pulled over and arrested in the morning of January 30. According to police reports, officers responded to Van Houten Avenue on a report of a possible drunk driver in a 2006 Chevrolet. At the scene the officers found the vehicle and questioned the 26-year-old driver. During this time, the officers apparently detected signs of intoxication. They arrested the man who only registered a 0.02 percent BAC on a breath test machine. After officers searched the man, they allegedly found the drug Xanax on his person. During the questioning, the motorist admitted to having taken Percocet, Vicodin and two Ambien pills before getting into his car and driving. He was charged with possession and use of CDS (controlled dangerous substance). He was also charged for having an outstanding warrant.
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February 19, 2010

NJ Drunk Driving News: Police Report Multiple Drunk Driving Arrests in Clifton, New Jersey

by Jonathan F. Marshall

Many drunk driving arrests occur out of coincidence, usually when a police officer spots a motorist weaving in his or her lane, or executing an excessively wide turn. While these can appear to be seemingly minor traffic violations, they can typically open the door to a routine traffic stop that can easily become a DWI arrest. Depending on the amount of alcohol consumed, motorists can easily find themselves undergoing a breath test at the local police department.

The following are some recent examples of arrests in Passaic County as reported by the local news media. As a New Jersey drunk driving defense attorney, I know that even a single conviction for driving while intoxicated can turn a person’s world upside down. Not only can a DWI place your personal relationships in jeopardy, the future of your business or career could also be negatively affected.

Drug DUI Arrest

February 17, 2010

New Jersey Drunk Driving Defense Update: NJ Appelate Court Upholds Speedy Trail Rule for DWI Cases

by Jonathan F. Marshall

If the state of New Jersey is going to prosecute drunk drivers with the same zeal as it goes after criminals, the same basic rules of law should apply to both types of cases. Recently, the Appellate Division of New Jersey’s Superior Court ruled that even defendants charged with driving under the influence of alcohol deserve a fair and speedy trial. As a New Jersey DWI defense lawyer, I have personally experienced the delays that occur with many drunken driving cases every year.

According to court records, the appellate court decided late last year that speedy trials are the right of everyone caught up in the state’s judicial system. Based on reports, the court overturned a DWI conviction simply because the prosecution allowed the defendant’s case to be dragged out for almost one year.

The decision was released in December essentially ruling that the guarantee of a speedy trial in the Bill of Rights also applies to cases of drunk driving. Unfortunately for motorists accused of driving while intoxicated, courts have been known to generally ignore most of the constitutional protections when it came to DWI cases. For example, the US Supreme Court swept aside the Fourth Amendment right of innocent drivers to be free from warrantless searches so that DWI checkpoints could be conducted.

February 15, 2010

New Jersey DWI Police Blotter: Essex and Monmouth County Drunk Driving Arrests

by Jonathan F. Marshall

As a representing New Jersey motorists charged with driving under the influence of alcohol, I have handled hundreds of cases involving individuals who drove drunk and had an accident while intoxicated. The state of New Jersey provides stiff fines and jail time for many motorists who operate a vehicle while impaired by beer, wine or hard liquor.

Driving under the influence of prescription drugs (drug DUI) will also cause a driver trouble if pulled over by a state, county or municipal law enforcement officer. Regardless of the circumstances, for a traffic stop to be valid it must be supported by the police officer’s reasonable suspicion that a motor vehicle violation has occurred. Under State v. Carpentieri, the New Jersey Supreme Court held that law enforcement officers must have an articulable and reasonable suspicion that a violation of traffic law has happened.

Once an individual is stopped the police must have probable cause to believe the driver is intoxicated before they can make an arrest and conduct a breathalyzer test – usually using an Alcotest measuring device. Remember that there is no right to advice from counsel at this early stage in the DWI process.

February 12, 2010

NJ Drunk Driving News: Middle Township saw most DWI Cases in Cape May County

by Jonathan F. Marshall

Recent statistics released for Cape May County indicate that Middle Township saw the most DWI cases than any other municipality in the county. Out of 477 drunken driving cases throughout the county, Middle Township had 82 cases — this translates to 17 percent of the entire county’s driving while intoxicated prosecutions.

As a New Jersey drunk driving defense attorney and former municipal prosecutor, I understand the techniques that the township’s attorneys typically use to secure a conviction for driving under the influence of alcohol. Based on the recent news article, Ocean City saw the most court cases overall, but lagged behind Middle Township by nearly three dozen DWI cases.

On a percentage basis, DWI cases accounted for less than one-half percent, while in Middle Township drunk driving accounted for just over two percent of all court cases. Although Upper, Lower and Dennis townships all had less DWI cases, the percentage of drunken driving prosecutions out of all cases exceed that of Middle Township.

February 10, 2010

Atlantic County, NJ, Motorist Arrested for Fleeing Scene of a Drunk Driving-related Traffic Accident

by Jonathan F. Marshall

Lower County Police recently reported the arrest of a Mays Landing, NJ, man in connection with an early morning car crash on January 23. Based on news reports, 41-year-old Joseph W. Rothenberger was allegedly intoxicated when he crashed his 2004 Mercedes Benz into a tree. Police investigating the accident presume that Rothenberger left a North Cap May residence and was traveling northbound on Deborah Avenue at a high rate of speed. He reportedly crashed his vehicle in the 200 block of Suzanne Avenue when he apparently lost control and ran off the roadway.

As drunk driving defense lawyers, I and my colleagues have seen this kind of DWI scenario played out again and again all across New Jersey. In this instance, police reports indicate that the supposedly drunken man’s vehicle crossed the curb and drive over a sidewalk, eventually ending up in a neighbor’s yard and causing substantial damage to the lawn and a chain link fence before hitting a tree.

Police allege that the driver attempted to flee on foot from the scene of the accident. According to reports, Rothenberger was detained by several other neighbors in the area and held until police arrived. The neighbors indicated that a male and female passenger in the back seat of the vehicle also fled the scene of the accident and apparently ran back to the residence on Deborah Avenue.