New Jersey DWI Lawyer Blog

December 23, 2009

Arrested for Drunk Driving in New Jersey? A DWI Conviction is a Multi-step Process

As a New Jersey drunk driving defense lawyer my job is to help motorists accused of DWI or driving under the influence of alcohol. My office also handles drug DUI (driving under the influence of prescription drugs, as well as marijuana and other substances). The road to a drunk driving conviction is now necessarily a long one, but it has many steps. I’ll outline the process here to help explain the usual stages of a DWI case.

Arrest
Whether you live in Newark, Atlantic City, Trenton or any of the dozens of cities and towns throughout the state, every DWI charge starts with an arrest. You should know that for a drunk driving traffic stop to be valid it stop must be supported by what the law defines as reasonable suspicion that a motor vehicle violation has been committed.

As per State v. Carpentieri, New Jersey’s Supreme Court held that a police officer must have an articulable and reasonable suspicion that a traffic law violation has in fact occurred before he or she may effect a DWI stop. Furthermore, once a motorist is stopped, that law enforcement officer must have probable cause to believe the driver of the vehicle is intoxicated before he or she can make an arrest and conduct a breathalyzer test.

Bear in mind that there is no right to advice from counsel at this early stage and therefore an attorney, in particular, an experienced DWI lawyer, will be of no assistance at this point in time.

Arraignment
The next step following an arrest for DWI, DUI, or breath test refusal in New Jersey is the arraignment. During this step, the defendant receives a Complaint. Once the Complaint is filed, the defendant makes his or her initial appearance at arraignment where the court informs the defendant of the charges. At this same time, the defendant is informed of his rights under the law and then he or she will enter a plea of guilty or not guilty.

If you hire a drunk driving defense lawyer to represent you, the initial appearance can normally be waived. The arraignment can be “adjourned” by the attorney sending a letter of representation to the Court advising it that you are represented, were advised of your rights, and that you are entering a “Not Guilty” plea.
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December 19, 2009

Seton Hall Lifts Suspension on Player Arrested for DWI Injury Accident on Garden State Parkway

by Jonathan F. Marshall

It doesn’t affect his legal troubles related to a November 9 drunk driving accident on New Jersey’s Garden State Parkway, but Seton Hall’s lifting of Keon Lawrence’s suspension will allow him to play in the upcoming game against Temple University. As a New Jersey DWI defense attorney, I’ve seen numerous athletes and other personalities take liberties with their fame, but there is no mistaking that everyone needs professional legal counsel when it comes to drunk driving-related traffic offenses, especially when they involve an injury accident.

According to reports, the 22-year-old Lawrence was initially suspended from the Seton Hall Pirate’s basketball team following an alleged DWI accident on Garden State Parkway near Newark, NJ. Police reports show that the player’s vehicle was heading the wrong way on the parkway when it collided head on with another car driven by 56-year-old Kenneth Smith. Fortunately, neither driver sustained life-threatening injuries, although Lawrence suffered facial injuries and was taken to a local hospital for treatment.

Police apparently based the drunk driving charge on an investigation of the crash scene, but not on any direct evidence of alcohol in Lawrence’s body. Blood tests from the hospital were not initially available that day. To compound Lawrence’s problems, he was also reportedly driving on a suspended license.

December 17, 2009

New Jersey DWI and Drug DUI Police Blotter: North Arlington and East Rutherford, NJ

by Jonathan F. Marshall

Because of my background as a New Jersey drunk driving defense lawyer and former DWI prosecutor for numerous local municipalities, I and my firm have the experience to help those drivers accused of driving while intoxicated in the Garden State. Hundreds of drunk driving arrests happen each month. Bergen County, like all parts of New Jersey, gets its fair share of drunken driving traffic offenses every single week.

My stance is that any individual who is charged with DWI, prescription drug or illicit drug DUI, or breath test refusal should retain a qualified drunk driving attorney to see their case through our complicated judicial system. The following police reports are just a small sampling of the typical DWI and marijuana and drug DUI cases that our courts see every year.

North Arlington
A 41-year-old man from Kearny, NJ, was arrested on a recent Sunday evening for driving under the influence, as well as careless driving. The arrest came after a vehicle crash near Union and Schuyler avenues. Based on a 911 call from a local resident living on Union Avenue, police responded to the scene of a red Kia Sportage SUV, which had apparently struck a telephone pole. Officers found the driver at the scene with his vehicle, which police report had front-end damage. According to police, the driver failed the field sobriety test, after which his vehicle was impounded. The man was released on summonses to a responsible party.

A local woman was arrested in the early morning of Sunday November 29 for driving while intoxicated. According to police reports, officers had driven the 27-year-old home due to her intoxication earlier in the evening, but later discovered her driving along Belleville Turnpike at Argyle Place. Officers pulled the woman over and requested she perform a field sobriety test, which she failed. Her white Honda was impounded and she was released on DWI summonses to a responsible party.

A 32-year-old Union City man was arrested Friday, December 4, in the early morning hours for DWI and careless driving. The arrest occurred following a motor vehicle stop on Ridge Road just off the Belleville Turnpike. Police reported that the man failed a field sobriety test. His car was impounded and it was found that he had a $50 traffic warrant out of Montclair. He was released on summonses to a responsible party after posting bail.
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December 15, 2009

New Jersey DWI News: Motorist Picked Up for Drunk Driving Twice in One Evening

by Jonathan F. Marshall

Trying to make the best of a situation is one thing, but being stopped for driving under the influence of alcohol twice in the same day is not my idea of good planning. Like most DWI arrests, the story of a recent motorist’s unfortunate experience in Vineland, NJ, points up the most important fact — trying to handle things yourself can get you in big trouble especially if you try to pull one over on the police. As a New Jersey drunk driving defense attorney, my firm is dedicated to helping those drivers who find themselves on the wrong side of the law.

In this recent case, Sasha R. Kissoondath was reportedly observed by police speeding in his pickup truck along South Delsea Drive near Elm Road. Officer Nicholaos Dounoulis reported that he saw Kissoondath’s just before 2:30am and tried to catch up to the man’s vehicle. The officer finally closed on Kissoondath as he pulled up to his residence on LaValle Avenue.

According to reports, the 35-year-old then got out of his vehicle and walked inside his house, although the officer noted that his walking appeared unsteady as he ignored the officer’s orders to stop. Dounoulis knocked on the door of the residence several times, but Kissoondath reportedly refused to come out.

December 13, 2009

Fair Haven, NJ, Fire Chief Wrecked Department Vehicle in Alleged Drunk Driving Accident

by Jonathan F. Marshall

I’ve said it before, but perhaps it bears repeating: A drunk driving conviction can ruin your life, not only because of the social stigma, but also from the standpoint of getting a job, or keeping the one you currently have. As a New Jersey DWI defense attorney, I have spent many years on both sides of the aisle, first as a municipal drunk driving prosecutor and now as an advocate for those accused of driving while intoxicated.

While most people may feel that they won’t be caught while driving under the influence, it often happens that they themselves make things worse simply by getting behind the wheel in the first place. This apparently was the case for a local fire department official in Fair Haven, New Jersey.

According to news reports, the now former Fair Haven Fire Chief, Shaun Foley, drove his department vehicle into a telephone pole back on November 22 in Rumson, NJ. Following that crash another motorist crashed into the telephone pole and wires downed by Foley, who has been charged drunken driving.

Police say that that Foley attempted to flee the scene in his heavily damaged fire department SUV, which broke down about a block away from the crash right in front of Rumson’s Borough Hall.

According to news reports, the 27-year-old Foley, who has also worked as a Rumson police dispatcher and part-time policeman, then left his vehicle and traveled on foot to the Oceanic Bridge, a mile away, where he jumped into the Navesink River. This prompted a massive rescue effort involving helicopters and boats.

By taking down that utility pole, Foley reportedly knocked out electrical power to streetlights in the area. That, in turn, caused an Ocean Township man, Robert Walsh, to smash his car into the same downed utility pole. The report says Walsh told police he didn’t see the wreckage. The man was uninjured.

The initial crash was called in by a passing motorist. Calling in almost simultaneously was off-duty police Sergeant Peter Koenig, who lives nearby; he heard the crash, followed by the revving sound of an engine, the article reports. Koenig’s written account indicates that Foley’s vehicle wasn’t at the scene of the crash when he arrived. By then, the other motorist had already hit the downed pole.

Fleeing north on foot, Foley was spotted on the northern side of the Oceanic Bridge by Little Silver police officer Gregory Oliva, but he apparently ignored Oliva’s request that he get into the officer’s car. Instead, Foley jumped over the bridge’s western flank into the river.
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December 10, 2009

New Jersey Drunk Driving Law Update: NJ Appeals Court Confirms Morris County Decision

by Jonathan F. Marshall

There is a new breathalyzer standard here in New Jersey, which is likely to have far-reaching effects throughout the state. For DWI cases going forward, a New Jersey Appeals Court has set a new Alcotest standard on December 1, confirmed a decision that states the patrolman who administers a breath test to a drunk driving suspect does NOT need to be the same police officer who witnessed the original DWI violation. As a New Jersey drunk driving defense lawyer, this latest decision only makes it more imperative that anyone accused of driving under the influence of alcohol retain a qualified DWI attorney.

According to news reports, this recent case comes out of Morris County and is good news for the police, as it provides them with more flexibility in their testing practices. Because a 20-minute observation period must be provided before a breath test, in the past this meant that the same police officer had to be off the street for the duration of the testing — Alcotest machines are not portable, so DWI suspects must be brought back to the police station for breath testing.

A lower court had provided for the dismissal of a case against Joel Ugrovics in July of 2008. At that time, Ugrovics was stopped for speeding and eventually arrested for DWI. The person who operated the Alcotest machine was not his arresting officer. He provided a sample that showed his BAC to be 0.13 percent. However, Ugrovics pointed to a Supreme Court ruling regarding Alcotest procedures to show they were not followed in his case.

December 8, 2009

NJ DWI News: Drunk Driving Patrols Increased Across New Jersey through New Years

by Jonathan F. Marshall

The coming holiday season is well known for its parties and family gatherings, and despite the poor economy drunk driving arrests are sure to surge during the next few weeks. In response, New Jersey DWI enforcement units are taking to the streets in an effort to reduce the instance of driving while intoxicated. As leading drunk driving defense lawyers, my firm has experience in a wide range of DWI and drug DUI defense. Recent news of the “Over the Limit, Under Arrest” campaign is evidence that drunk driving patrols will be working overtime in the Garden State.

According to news reports, law enforcement agencies across the state are already conducting saturation patrols and operating sobriety checkpoints, also known as sobriety roadblocks, as part of the nationwide drunk driving campaign. Enforcement will continue, say police, through January 3, 2010.

New Jersey’s Division of Highway Traffic Safety is funding the local initiative, which began in 1999. According to reports, the division provides $5,000 grants to law enforcement agencies to cover overtime for those officers assigned to DWI patrols or checkpoints.

December 6, 2009

New Jersey Drunk Driving News: Driver Arrested for Drug-impaired DWI in Sussex County

by Jonathan F. Marshall

Driving under the influence refers not only to alcohol-related DWI but also to drug-related DUI. Whether a motorist is charged with drunk driving or drug-impaired driving, the penalties following a conviction can be stiff. As a New Jersey drunk driving defense lawyer, I have represented hundreds of motorists whose livelihoods hung in the balance following an arrest for driving while intoxicated.

A recent news story shows what can happen to someone arrested for drug-related impaired driving. According to reports, Hamburg police answered a 911 call on the afternoon of October 31, 2009, where they found the aftermath of a two-car collision at the intersection of

Quarry Road and Route 23.

December 3, 2009

New Jersey DWI Defense News: Recent Police Crackdown Nets Dozens of Drunk Driving Arrests

by Jonathan F. Marshall

Results from a two-week drunk driving sting operation show that more than 1,500 individuals were arrested for driving under the influence of alcohol between August 21 and September 7. The “Over the Limit, Under Arrest” campaign was designed to snare DWI suspects in the weeks leading up to this past Labor Day holiday. As a New Jersey DWI defense lawyer, I and my colleagues represent many of the dozens of motorists accused every week of driving while intoxicated.

The latest report on that pre-Labor Day campaign shows that New Jersey law enforcement agencies all around the Garden State stopped and arrested 1,582 drunk-driving suspects, including 137 in Bergen County and 95 in Passaic County. According to news reports, Bergen County police officers also issued 1,973 summonses for speeding, while Passaic County issued 374 summonses for seat belt violations.

In East Rutherford, however, only two drunk driving arrests were made during the campaign, according to the New Jersey Division of Highway Traffic Safety, although the municipality did issue 74 summonses for speeding.

November 28, 2009

New Jersey Drunk Driving Update: What is the Cost of a DWI Conviction?

by Jonathan F. Marshall

For those individuals who feel that a drunk driving conviction is a minor event, I have news for you. Whatever you call it — drunken driving, driving under the influence, DWI or driving while intoxicated — here in New Jersey there is a wide range of potential outcomes for someone convicted of drunk driving. Almost too many to list right here.

As a New Jersey drunk driving defense attorney, I and my group of legal professionals have represented literally hundreds of clients arrested for DWI over the years. You should know that even under the best circumstances, the personal price of a DWI conviction can be quite devastating. Living with the stigma of a drunk driving conviction on your record can affect a person’s standing in his or her neighborhood, company or professional organization. And there always exists the possibility of job loss, as well as the potential damage that such a conviction can have on familial relationships and those with friends.

Financially, drunk driving is potentially costly, as well. Penalties and fines for second and subsequent drunk driving convictions are certainly large, but even first-time offenders can feel the monetary pain of a conviction. Here are just a few of the typical monetary costs that you could expect to pay for a range of DWI offenses, according to the State of New Jersey (Please remember that jail time/community service could also be included, but is not included here).