Articles Posted in Assault by Auto

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Even if a victim doesn’t press charges or initiate a personal injury lawsuit against another person who may or may not be negligent in causing a car accident, local police and municipal courts are not likely to feel much sympathy for any motorist who causes an injury accident while allegedly driving drunk in the Garden State. As New Jersey DWI defense lawyers, I and my legal staff know how strict the law can be when prosecutors build a case against an alleged drunk driver.

New Jersey law doesn’t allow much wiggle room for individuals who are found guilty of DWI or drug DUI, not to mention breath test refusal and other DWI- and DUI-related offenses. Monetary penalties aside, one should always be concerned about the future of his or her driver’s license, as well as employment or chances for advancement. The potential social stigma of a DWI conviction can also put the brakes on a marital relationship, not to mention one’s standing in the community. All in all, being convicted for a drunken driving collision that also resulted in injuries or, worse, fatalities, can spell the end to a normal life.

We were reminded of this type of scenario not long ago when we ran across a news article detailing the events leading up to a car accident in Teaneck, NJ. According to news reports, the sister of an alleged drunken driver was seriously injured in a car crash earlier this past spring. Police indicated that up to the car crash that injured one of his relatives, the 27-year-old New Milford resident had apparently lost his license through suspension on almost two dozen separate occasions.
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Causing significant personal injury or property damage as the result of a car or truck accident can sometimes result in negative ramifications (criminally and/or from a civil standpoint) for the negligent party. This is almost a given in any municipality around the Garden State. And, while causing an accident through simple negligence is one thing, being the defendant in a DWI-related legal case involving bodily injury to another person or physical damage to another individual’s property can be an entirely different thing altogether.

As New Jersey DWI lawyers, my firm is well positioned to represent motorists who have been accused of driving under the influence of alcohol (such as beer or wine) or doctor-prescribed drugs; or even illicit substances like marijuana and cocaine. Most people do not understand that a police officer cannot pull a vehicle over based only on a hunch that the driver has been drinking prior to getting behind the wheel. What usually happens first is the officer may notice a minor driving infraction, which then attracts his or her attention to the subject vehicle.

Of course, while observing a car or truck making an improper turn or running a stoplight can be a clear sign that something is amiss with the driver, coming upon a traffic accident is usually an obvious indication that at least one of the drivers involved made some serious error in judgment or executed a maneuver after a poor driving decision. Whatever the reason, once a driver is on the roadside — having allegedly caused a traffic accident — the officer in charge will most likely be keenly aware of everything being done or said at the scene of the accident.
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As any one who has been arrested for drunk driving here in the Garden State probably knows already, being charged with driving under the influence of alcohol or prescription drugs — also known as drug DUI — can be difficult in and of itself to fight in court; but to add an injury accident one top of a DWI charge only complicates things for a defendant.

It doesn’t make any real difference if one is picked up in Atlantic, Essex or Hudson County, state and municipal law enforcement agencies hold a hard line against alleged drunken drivers. (The same can be said for the New Jersey court system, since state laws are very strict and contain stiff penalties for motorists convicted of driving while intoxicated, whether by liquor, doctor-prescribed medication or illicit drugs such as cocaine or marijuana.

When a driver causes a traffic accident while allegedly under the influence, the law tends to focus a little tighter on that individual. And, as mentioned above, injury accidents caused by drunk drivers can complicate a person’s defense in many cases. If the person who is injured is an officer of the law, this is without a doubt more than sufficient reason to consult with a qualified DWI defense attorney. And by all means, one should not even contemplate running from a patrolman.
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For those who have been arrested or charged with driving under the influence of either prescription drugs or other, possibly illegal substances (also known as drug DUI), you may wonder if the police and the prosecutor’s office have the necessary evidence to secure a guilty verdict in court. Depending on the circumstances, one should always consider consulting a qualified DWI defense attorney; one with experience in representing motorists charged with drunken driving and drug DUI.

As New Jersey drunk driving defense lawyers, I and my colleagues are trained to work with the facts and understand the State’s evidence against and individual. Whether one lives or works in Bergen, Monmouth, Ocean or Atlantic County, the law is clear when it comes to charges related to DUIs tied to prescription medication and even illicit drugs like marijuana and cocaine.

Defending a person accused of drug DUI has certain differences from an alcohol-related DWI case. Here in the Garden State, a charge of drug DUI can be levied against a New Jersey motorist who may be suspected of driving while impaired due to a possible controlled dangerous substance (CDS) or doctor-prescribed medication. These include any narcotic, hallucinogenic or habit-forming drug.
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While getting a summons for drunken driving should not be taken lightly here in the Garden State, there are worse alcohol-related offenses that one should be concerned about. Being arrested for drunk driving at a typical sobriety checkpoint is one way to be introduced to your local legal system, however if one were to be charged with DWI following an injury accident, this can be a much more serious situation.

As New Jersey DWI defense lawyers, I and my staff of qualified drunken driving defense attorneys have the skills and years of courtroom experience to represent motorists accused of impaired driving. This applies to alcohol-related DWIs as well as drug-related DUIs; for many people, it is not unusual to be arrested for impaired driving while under the influence of doctor-prescribed medications. Less common, but nonetheless valid are arrests that involve illicit drugs (also known as controlled dangerous substances, or CDS), such as cocaine and marijuana.

But all this pales in comparison to one of the most serious charges, that of driving under the influence and causing a fatal collision. While some individuals may debate the relative merits of consulting an experienced DWI attorney for a “simple” drunk driving charge, a DWI coupled with a potential vehicular homicide charge leaves little to ponder about.
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Fighting a drunken driving charge is serious business and should never be taken lightly. Guilty or innocent, anyone who has been charged with DWI or drug DUI (usually because of alleged impairment due to prescription medication) needs to understand that the financial and social implications of a drunk driving conviction can have long-term effects on an individual and his or her family.

Too many times, a defendant has stepped into a New Jersey courtroom without the aid of an experienced legal professional only to lose his case and be hit with heavy DWI-related fines and penalties. As New Jersey DWI and DUI defense lawyers, I and my staff know the ins and outs of the state’s legal system, and drunken driving law in particular. As a former municipal prosecutor myself, I have first-hand experience from the other side of the aisle regarding the methods and tactics of the state’s legal representatives.

As a cautionary note coming from one who knows the potential pitfalls of a poorly executed DWI defense, the last thing a defendant wants to have, in addition to an actual DWI arrest, is charges related to a fatal car crash allegedly occurring as a result of being impaired while operating a motor vehicle. Serious consequences can result from a conviction for negligent driving, vehicular assault, or manslaughter by motor vehicle.

According to news reports, an Ocean County, NJ, resident was recently indicted on the charge of vehicular homicide, as well as numerous other charges following a fatal car crash on the Garden State Parkway in Monmouth County last April. Based on police reports, 20-year-old Eric Pereira was allegedly intoxicated while using a cellphone and exceeding the posted speed limit when his vehicle rear-ended a van, which fatally injured a 43-year-old Middletown man.

Based on a joint investigation carried out by the NJ State Police and the Monmouth Co. Prosecutor’s Office, the April 2 crash occurred around 11am as Pereira was headed south in the local lanes of the Parkway at what police describe as a “high rate of speed.” According to reports, Pereira’s vehicle hit the victim’s van from behind, causing that vehicle to hit a nearby guardrail, flip over and slide into the Parkway’s express lanes.
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Having worked as a municipal prosecutor handling hundreds of cases involving the prosecution of Garden State motorists for drunk driving offenses, I know how hard our state and local police officers work to protect the rest of us on public roads and byways. This is by no means an easy job, and I and my staff of experienced New Jersey DWI defense lawyers understand the pressures and dangers that these public servants face on a daily basis.

Of course, that said, there is little excuse for ignorance of the law, especially by the very individuals who are entrusted with the job of upholding those same laws. When a patrolman, judge or other officer of the court flouts the law, it hurts us all. Naturally, as drunk driving defense attorneys, I and my colleagues know that many people are accused of crimes and offenses that they did not commit. It’s our job to represent these individuals in order to help them achieve justice.

Driving drunk is a serious offense, and being convicted of intoxicated driving, drug DUI, or other drunken driving charges can result is heavy penalties, not to mention increased automobile insurance premiums. The social stigma of a conviction for driving under the influence of alcohol, prescription medication or illegal drugs, such as marijuana or cocaine, can be life-changing. Just the news of being arrested for DWI can result in severed personal and business relationships.

In short, a DWI is nothing to take lightly and deserves the attention of a qualified DWI-DUI defense attorney. An example of the serious consequences of allegedly driving drunk can be found in the news every week. Whether the incident takes place in Bergen, Ocean, Monmouth or Passaic County, the results can be devastating to one’s career and private life.
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According to news reports, witnesses in the fatal DWI traffic accident case against former “Melrose Place” actress Amy Locane stated that the TV star was found allegedly “giggling in a ditch” following the fatal 2010 drunken driving wreck that killed the driver and occupant of a second vehicle in June last year. Witnesses, including the police officer assigned to monitor the former star, stated that the woman was happy and laughing post-crash.

Whether one lives in Somerset County where this accident happened, or Ocean, Middlesex or Bergen counties, as a New Jersey DWI defense lawyer I can tell you a drunken driving charge is severely complicated when an motor vehicle accident is also involved, much less a fatal traffic wreck. Based on news reports, the judge in the case could be allowed to give their testimony against the defendant.

These witnesses reportedly heard statements made by Locane prior to the woman’s arrest on June 27, 2010, after her Chevrolet Tahoe smashed into a second vehicle carrying a man and his wife; 60-year-old Helen Seeman, a resident of Hopewell Township died as a result of the collision. Initially prosecutors challenged the Locane defense team’s request to call a police detective and another driver allegedly hit by the defendant prior to the accident, stating that those individuals should not be allowed to testify as witnesses because they were not present at Locane’s arrest.

One of those potential witnesses for the defense was the driver of a Honda Odyssey which was allegedly hit by Locane’s vehicle earlier that evening. Following the suspect, Maureen Ruckelshaus, apparently had an interaction with Locane earlier that evening before the fatal drunken driving accident that killed Seeman. Defense lawyers believe that Ruckelshaus could provide testimony that might offer the court a window into Locane’s state of mind and demeanor on that day.
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It appears that many of the stories we find in the news these days involve accused drunken drivers who have become involved in a car or truck accident as a result of their alleged alcohol consumption or use of prescription medication (drug DUI). A smaller percentage of accidents also involve individuals accused of illegal drug use, such as marijuana or cocaine (otherwise known as controlled dangerous substances, or CDS for short).

Regardless of whether a motorist lives or works in Sussex, Monmouth, Ocean or Passaic County, the aftermath of a potential DWI or drug DUI conviction can haunt a person for years following the initial incident. For this very reason it is always a good idea to retain the services of a competent and qualified drunken driving defense lawyer, if only to determine what your options might be following a DWI arrest.

For those picked up by police for drunk driving as a first offense, it may seem too easy to accept the penalties and plead guilty, while under the false impression that only one DWI conviction will not cause too much upheaval in one’s life. Or those people who believe this is the best approach to a DWI-DUI arrest or summons, we couldn’t disagree more.

To start, accepting a guilty plea for a first-time drunken driving offense may seem to be the easiest way to go — and believe us, it is for the prosecuting attorney handling the case — this is not going to make one’s life easier. The penalties for a first offense may be slightly less than a second or third DWI offense, but the impact to one’s auto insurance rates as well as the potential damage to one’s personal and business reputations could be catastrophic.
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