New Jersey DWI Lawyer Blog

November 24, 2009

New Jersey DWI Law: Potential Impact of Underage Drinking and Driving

Having defended many minors charged with underage drinking and DWI, I have more than enough experience to state a number of significant facts. As a New Jersey drunk driving defense lawyer, I know that a conviction for underage drinking and driving can make a serious impact on a young person who is just setting out on his or her journey toward adulthood.

The facts are simple: If any person under 21 years is found to have purchased or consumed an alcoholic beverage in an establishment licensed to sell alcohol, that young person could be fined up to $500. Furthermore, the court can order that the defendant lose his or her driver’s license for up to six months.

If you think this doesn’t affect someone who hasn’t even been issued a license, you would be mistaken. Parents themselves should be aware that even if your child does not yet hold a license, if convicted the potential suspension will start as soon as your youngster is initially eligible to receive that license. Just like adults, any young person who violates the state’s underage drinking laws may also be required by the court to attend an alcohol treatment or education program.

November 22, 2009

DWI News: Drunk Driving and Drug DUI Arrests in Bridgeton, New Jersey

by Jonathan F. Marshall

A 40-year-old man from Shiloh Borough was arrested by police on a Sunday evening along Cottage Avenue at Giles Street on the charge of driving while intoxicated. According to news reports, Michael A. Barbera was stopped by police after he allegedly nearly hit a police patrol car in the Bridgeton Villas parking lot. Apparently the driver was backing up and didn’t notice the police car directly behind him.

As a New Jersey DWI defense lawyer, I know that this kind of incident happens all of the time. It doesn’t always result in an arrest for driving under the influence of alcohol, but the potential is there. In this case, it would seem that the officers had sufficient suspicion that the driver was drunk to pull him over.

In such as case, the motorist would be asked to perform a variety of field sobriety tests (as defined by the National Highway Traffic Safety Administration, the NHTSA). If the individual fails these tests then the officer will usually ask the person to submit to a breath test to determine the driver’s blood-alcohol content (BAC). Anything over 0.08 percent and by law that person is legally drunk and can be charged with DWI.

November 20, 2009

Hillsborough Township, NJ, Police Report Three Drunk Driving Arrests

by Jonathan F. Marshall

Police in the township of Hillsborough reported a trio of DWI arrests in mid-October, two of which were drivers from Somerset County; a second was from Mercer County. With six offices throughout the state, my team of New Jersey drunk driving defense lawyers provides representation for many residents across the Garden State. These latest arrests in Hillsborough are typical of the cases we see throughout the year.

According to the township police department, a 60-year-old local man was arrested for driving while intoxicated on October 9 in the parking lot of the Amwell Racquetball Club. News articles show that James Davison was found allegedly drunk in his vehicle by police officers following a report of a car hitting a parked vehicle at the club.

When officers arrived, they found Davison’s car in one corner of the parking lot, with evidence of the collision with another vehicle, as well as two damaged signs near the entrance of the club. The suspect reportedly told the officers that he had drank a fifth of scotch before driving. Davison was charged with DWI, careless driving, leaving the scene of an accident and failure to report an accident.

November 17, 2009

New Jersey DWI News: Worried About Multiple Drunk Driving Convictions?

by Jonathan F. Marshall

As a New Jersey drunk driving defense lawyer, I and my firm have the necessary experience to make the difference in most any DWI, breath test refusal, or drug DUI case. While it might seem that a first-time conviction for driving under the influence of alcohol may not be that serious, think again. Not only are the penalties for a first-time offense stiff, it only make a possible second or third arrest and conviction for driving while intoxicated that much more serious.

Anyone looking at multiple convictions for drunk driving needs the services of a qualified and experienced DWI attorney. Whether an individual has been charged with DWI or drug DUI, the consequences of multiple convictions can be very detrimental to one’s future. Jobs have been lost and families torn apart by the seemingly simple act of driving while impaired. Don’t make a bad situation worse by not taking the proper steps to defend yourself in a court of law.

It’s not uncommon for many people charged with a first-time DWI to go in front of the court by themselves. And although they may have fared better had they sought legal counsel in the wake of that first DWI arrest, there is a potential upside should they be arrested for a future drunk driving violation.

November 15, 2009

New Jersey Police Blotter: Multiple Drunk Driving Arrests in Morris County

by Jonathan F. Marshall

Numerous drunk driving arrests occur every month throughout New Jersey. Morris County, among others, sees its share of intoxicated driving traffic offenses on a weekly basis. As a New Jersey DWI defense lawyer and former municipal prosecutor, I have a wealth of experience in the area of drunk driving defense. The following is just a sample of the typical driving under the influence of alcohol and drug DUI cases that move through our court system every year.

Boonton

A 32-year-old local resident was charged with driving while intoxicated, reckless driving and refusal to submit to breath tests in the early morning hours of September 15. The woman was released, pending a municipal court appearance. Several hours later a 28-year-old man from Phillipsburg was arrested and charged with DWI as well as reckless driving.

November 11, 2009

Drunk Driving Update: Defining Impairment for New Jersey Motorists

by Jonathan F. Marshall

In the state of New Jersey, the determination of whether a motorist is driving while impaired driving, at least as it pertains to alcohol use, involves a measurement of the suspect’s blood alcohol content (BAC). As a New Jersey drunk driving defense attorney, and former municipal prosecutor, I have handled all manner of drunken driving cases throughout my career. The establishment of a defendant’s BAC plays is a major role in any drunken driving case.

Strictly speaking, the law states that if an individual who is the operator of a car, truck, SUV or other motor vehicle is found to have a BAC of 0.08 percent or more, that person is guilty of drunk driving, also known as driving under the influence of alcohol, or more commonly, driving while intoxicated (DWI).

The term BAC refers to the amount of alcohol in a driver’s bloodstream. An important point to remember is that although the law makes reference to 0.08 percent BAC as the legal limit, one can still be convicted of drunk driving even if his or her BAC is below 0.08 percent.

November 9, 2009

Ocean County Man Charged with DWI, Aggravated Assault after Drunk Driving Stop

by Jonathan F. Marshall

As a New Jersey DWI defense lawyer, my firm’s primary job is to provide comprehensive representation to drivers accused of driving under the influence of alcohol, prescription drug or controlled substances. While the act of driving while intoxicated is enough to get a motorist charged with DWI or drug DUI, compounding the offense by fleeing from or fighting with a law enforcement officer is never recommended.

A recent news article shows just what this kind of behavior will net someone. According to reports, a Jackson, NJ, man was pulled for alleged drunken and erratic driving in the early evening of October 4. Officers had observed Christopher Romano’s Toyota Corolla crossing lanes and moving erratically, according to Captain John Rein.

Police reports state that as patrolman Austin Kenny approached the car he could smell alcohol and asked Romano to step out of the vehicle. Romano then allegedly tried to lock himself in the vehicle.

November 6, 2009

$43,000 NJ State Grant to Support Year-round DWI Checkpoints in Middlesex County

by Jonathan F. Marshall

According to a recent news report, drivers in Middlesex County will see more drunk driving checkpoints, sometimes referred to as sobriety roadblocks, at all times of the year. The state of New Jersey has funded the operation of additional checkpoints with a $43,000 grant. Normally, the county would have sobriety roadblocks during certain holidays, however now it appears they will be a more permanent fixture.

As a New Jersey DWI defense lawyer, I have represented numerous motorists who have received summonses or been arrested for drunk driving or breath test refusal. While these checkpoints may reduce the number of drunk driving arrests in an area over time, they also can result in people being falsely accused of driving while under the influence of alcohol.

This latest announcement shows that Middlesex County, NJ, will be expanding its holiday DWI checkpoint program to year-round enforcement. The program will be supported in part by a $43,000 grant from the state Office of Highway Traffic Safety. According to news reports, these DWI checkpoints are very costly to run mainly because they require police officers to work overtime, plus there are additional costs for setting up and maintaining the roadblocks over the course of an evening to the early morning hours.

November 3, 2009

New Jersey DWI News: Drunk Driving Arrests in Mercer and Middlesex Counties

by Jonathan F. Marshall

As a New Jersey DWI defense attorney and former municipal prosecutor, I use my vast background in drunk driving law to help motorists accused of driving under the influence of alcohol. I always maintain that individuals charged with drunk driving, prescription drug DUI or breath test refusal to retain a qualified legal professional to see their case through the justice system. The following police reports are just a sample of the typical cases involving driving under the influence of alcohol.

Princeton Borough

A 68-year-old man from Princeton, NJ, was observed driving his vehicle in a suspicious manner. After police saw that the driver did not keep right, Princeton police officers pulled the suspect over on Chambers Street just before 1:30am. He was evaluated and charged with driving while intoxicated and taken into custody.

November 1, 2009

Montville, NJ, Woman Convicted of DWI Vehicular Assault against Police Officer

by Jonathan F. Marshall

A Montville, New Jersey, woman was recently sentenced to 48 months in jail after being convicted for her third drunk driving arrest as well as vehicular assault charges after hitting a police officer and two other vehicles in 2008. Having defended many New Jersey motorists accused of driving under the influence of alcohol, I can only say that this type of case needed serious DWI defense work.

According to news reports, Andora Needleman, 47, pled guilty back in August to a couple counts of vehicular assault, as well as driving while intoxicated, plus leaving the scene of an accident. One assault charge was for hitting Officer Kevin Milley, while the second was for hitting a car with a five-year-old child on board.

Superior Court Judge Salem Vincent Ahto revoked Needleman’s driver’s license for 10 years, which begins when she is released from prison. She is expected to apply for early release from prison under the state’s Intensive Supervision Program, which is a stringent form of parole.