Bergen County DWI Defense

March 17, 2012

Bergen County Police Blotter: Elmwood Park and Wyckoff Patrolmen Arrest Motorists for Drunken Driving, Drug Possession

Numerous police arrests are made every day across the Garden State against drivers suspected of driving under the influence of alcohol or some other intoxicated substance. While a fair percentage of these DWI and drug DUI arrests are perhaps warranted, many others are based on less than substantial evidence. As a former municipal prosecutor here in New Jersey, and now as a drunken driving defense attorney, I find that a percentage of motorists charged with drunk driving will not be found guilty, or will have the charges against them reduced.

While nothing in this world is guaranteed, one thing is certain: if you drive drunk in Jersey long enough, you will be caught at some point, either by the New Jersey State Police or another, local police agency. Please understand that there are severe penalties for drunk driving, drug DUI (such as being impaired by prescription meds or illicit drugs like marijuana and meth) or even breath test refusal.

Of course, the first step is being stopped by a police officer or state trooper. After this, the actual DWI or DUI arrest process may begin in earnest. Every week the news carries updates on local police arrests, much of which can be instructive regarding the typical circumstances that can surround a drunk driving arrest. The following items from Bergen County, NJ, are fairly typical of the kinds of DWI police stops that happen daily. While every drunken driving arrest is unique, most every one begins with a traffic stop by an officer of the law.
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February 24, 2012

NJ Drunken Driving News: Englewood Police Charge Driver with DWI following Fatal Bergen County Accident

by Jonathan F. Marshall

No matter where you drive in the Garden State, be it Middlesex, Bergen, Union or Atlantic County, when a drunk driving traffic arrest involves a fatal car wreck, the stakes for the defendant rise considerably when it comes to walking into the courtroom for the first time. As New Jersey DWI defense lawyers, my job and that of my legal staff is to represent motorists accused of driving under the influence of alcohol or prescription drugs (drug DUI). Here in Jersey, law enforcement agencies and the court system can be quite strict about drivers picked up for operating a motor vehicle while impaired by beer, wine, alcohol or drugs.

Being arrested for driving while intoxicated is one thing, but being charged with a traffic accident that resulted in one or more death is a serious situation that usually requires the assistance of a qualified DWI attorney. Understanding the law is one thing, but having experience defending people against drunken driving and drug possession or drug impairment charges is important. As a former municipal prosecutor, I have worked both sides of the aisle in DWI and DUI cases.

Not long ago, following an Englewood car accident that resulted in the deaths of two people, 50-year-old Heriberto Callas was arrested by local police and charged with numerous violations including a couple counts vehicular homicide in the first degree. Calles, according to news reports, is a Bergen County business man and owner of an Englewood, NJ, janitorial service.
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February 9, 2012

New Jersey DWI Arrest Report: Police in Bergen County Charge Fugitive with Drunk Driving following Chase

by Jonathan F. Marshall

Right off the bat, as a New Jersey drunk driving defense lawyer and a former municipal DWI prosecuting attorney, let me say that running from the police and attempting to evade arrest is highly frowned upon by law enforcement agencies; and it certainly won’t get a defendant any sympathy from the court when one comes before a judge for sentencing.

Here in the Garden State, not a day goes by that a number of local residents and out-of-state drivers get pulled over for traffic infractions all over the state. Of those dozens of drivers, some may or may not have had something to drink prior to the police stop. This is where the police officer conducting the traffic stop generally makes a determination of whether or not he feels that the driver is possibly impaired.

Impairment can come in many forms. For this forum, we usually consider that a motorist may be accused of one of a number of potentially intoxicating substances; these include alcoholic beverages, doctor-prescribed medications, illegal drugs or even illicit substances, such as marijuana, methamphetamine, or cocaine. The latter of these are sometimes referred to a CDS or controlled dangerous substances; and their use by a driver can result in drug DUI charges.
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January 20, 2012

Bergen County DWI News: Midland Park Police Officer Charged with Drunk Driving following DUI Demo

by Jonathan F. Marshall

Having worked both sides of the aisle — previously as a municipal prosecutor and now as a defense attorney — I understand the methods and strategies that the state’s attorneys employ to attain drunken driving convictions in court. As New Jersey DWI defense lawyer, I and my colleagues represent all manner of clients, many of whom have been accused of driving while intoxicated, operating a motor vehicle under the influence of prescription medications (drug DUI) and even illicit drugs, such as cocaine, methamphetamine and marijuana.

One thing we know, as drunk driving defense attorneys, is that a DWI arrest (much less an actual conviction for impaired driving) can greatly affect one’s future employment, social standing, and family/marital relationships. While we understand that a drunk driving arrest is not desirable by any means, we also know that this does happen to many people, from all walks of life, and nearly every profession.

Surprisingly, even police officers can end up being arrested for drunken driving. From my years as a prosecuting attorney, I have a great respect for the hard work and dangers faced by our law enforcement officer every day. On the other hand, as a DWI defense attorney, I understand how easy it is for motorists to be accused of drunken driving here in the Garden State. What I cannot abide is when patrolmen and other officers of the court flout the very laws they are sworn to uphold and enforce.

December 4, 2011

Bergen County Police Blotter: Ridgewood, Ramsey and Park Ridge DWI Arrests, Drug DUI Charges

by Jonathan F. Marshall

With the holidays fast upon us there is a more than better chance that someone you know may be stopped by state police or local law enforcement for some type of traffic violation. Of those Garden State motorists stopped by police for offenses such as speeding, improper lane change, or an number of so-called minor traffic infractions, there is always a chance that the driver may be accused of operating a motor vehicle while under the influence of alcohol.

Being impaired by beer, wine, hard liquor or prescription medication (drug DUI) is cause for a patrolman to arrest a driver for driving while intoxicated. A DWI or DUI arrest can also lead to extensive fines and other penalties, even for a first-time offender. It’s not unusual an individual convicted for multiple offenses to also face jail time, depending on the circumstances. As New Jersey drunken driving defense lawyers, I and my staff of legal professionals have the skills and experience in representing drivers accused of DWI and drug DUI (including cases where illicit drugs — also known as controlled dangerous substances, or CDS — such as marijuana and cocaine are involved).

Anyone who is arrested for driving under the influence faces similar charges and, likewise, similar penalties, the individual circumstances will vary accordingly. The following is a short list of recent arrests by police officers in Bergen County, though DWI and drug DUI arrest happen every day in other counties across the state, such as Monmouth, Union, Passaic and Essex. Here are some examples:

Ridgewood, NJ
Late on a Monday evening, a local patrolman stopped a vehicle driving along a stretch of N. Maple Ave. The officer apparently stopped the motorist because of visible front-end damage and a report of a hit-and-run accident in the Ho-Ho-Kus area. As a result of the traffic stop, the policeman determined that the driver was in fact involved in said traffic accident. On further investigation, the police officer also determined that the 30-year-old out-of-state driver behind the wheel was impaired due to alcohol consumption. The man was taken into custody and charged with drunk driving, marijuana (CDS) possession and drug paraphernalia possession, open alcoholic beverage container in a motor vehicle. In addition to DWI, the driver was also charged with careless and unsafe driving. He was released pending a court appearance.
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November 23, 2011

Monmouth County DWI Update: Thanksgiving Holiday Sees Rise in Drunken Driving Arrests for New Jersey Motorists

by Jonathan F. Marshall

While the warm weather months are definitely behind us, New Jersey State Police and local law enforcement agencies note that parties and friendly get-togethers during the holidays also bring out the drinker in many drivers. As nearly anyone who drives in the Garden State understands, drunken driving enforcement never really lets up, especially during the peak holiday season.

As DWI defense lawyers serving residents of Bergen, Middlesex, Atlantic and other counties across the state, we are well versed in the tactics and strategies used by state and municipal police officers to secure the arrest of suspected drunk drivers. In fact, anyone who knowingly operates a motor vehicle while under the influence of alcohol or, for that matter, prescription medication, should realize that the odds of being arrested for DWI or drug DUI can be quite high.

If a police officer witnesses a traffic violation, he or she will usually make a routine traffic stop based on that initial offense, minor as it may seem to the average driver. Once stopped, a motorist will be closely observed for signs of impairment, usually due to consumption of beer, wine or hard liquor. If the patrolman has a reasonable suspicion that the driver of a car, truck or motorcycle is inebriated an arrest is more or less forthcoming.
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November 8, 2011

Drunk Driving Roadblocks Suspended in Elmwood Park, NJ, But Not for Long

by Jonathan F. Marshall

First and foremost, anti-drunken driving enforcement in the Garden State is handled in a number of ways. While enhanced roving DWI patrols in counties like Monmouth, Bergen and Ocean are often used before and during popular holidays, such as July Fourth, New Year’s, Memorial Day and others, drunk driving checkpoints, or Sobriety roadblocks as they are also known, are randomly set up all over the state usually in the late evening and early morning hours on Fridays and Saturdays — days of the week that typically have a higher incidence of motorists driving while intoxicated.

As New Jersey drunk driving defense lawyers, I and my legal staff are familiar with the typical tactics used by state and municipal law enforcement agencies to catch drivers who may be operating their car, truck or motorcycle while impaired due to alcohol or prescription drug use. In a percentage of cases, drivers are arrested for driving under the influence of illicit drugs (also known as controlled dangerous substances), like cocaine and marijuana (drug DUI).

When it comes to Sobriety checkpoints, these are commonly used by police departments to catch drunken drivers and help reduce many of the alcohol-related traffic accidents and fatalities throughout the state. So as to be fair, especially under New Jersey state law, state, county and municipal law enforcement authorities are required to publish the operating times and specific locations of upcoming sobriety roadblocks.

As drunk driving defense attorneys representing New Jersey drivers who have been accused of DWI or DUI, we know that that the mandatory public notification of these drunk driving checkpoints are not always published in the most convenient or accessible manner. This is why, from time to time, we ourselves post notices of upcoming or active DWI roadblocks for public use.

It is our contention that if the public knows about the existence of a checkpoint/roadblock, then there would be a better chance that individuals would perhaps avoid the general area during those hours, especially due to the greater likelihood of coming into contact with a drunk driver. This is because, police departments are limited by law to set up DWI checkpoints only in areas that have a historically high rate of drunk driving arrests or accidents.

It goes without saying that during a DWI roadblock, motorists who are stopped by police may be subjected to field sobriety testing and/or breathalyzer testing as a way to determine the driver’s blood-alcohol content, or BAC. We would remind any one who has been issued a summons for drunken driving arising from a police stop at a DWI checkpoint to seriously consider retaining a qualified drunk driving defense attorney to better understand one’s rights under the law.
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October 6, 2011

New Jersey Drunken Driving Update: Top Places in the Garden State to Get a DWI

by Jonathan F. Marshall

Unless one saw it in the paper or caught it online, we now know the top four places in the state that get the most funding for anti-drunken driving enforcement here in the Garden State. As New Jersey DWI defense attorneys, my firm is well aware of the lengths that the state and local towns and municipalities will go to arrest more and more drunken drivers, or at least charge motorists with allegedly driving while under the influence of alcohol or prescription medication (drug DUI).

We’ll add here that one doesn’t actually need to be legally drunk to be pulled over by an officer; in fact, the police can not stop a vehicle merely on a hunch that the driver is operating a motor vehicle while intoxicated. What needs to happen is the officer only needs to observe that a traffic law has been broken — this can include something as serious as a multi-vehicle accident, or as minor as a burned-out headlight or improper turn-signal usage.

Whatever the reason for the initial traffic stop, a drunken driving arrest may be right around the corner is the officer then detects evidence of driving while under the influence. This also goes for motorists who may have illegal drugs, such as marijuana or cocaine, both known as a controlled dangerous substance (CDS). Just possessing weed or cannabis in a motor vehicle can precipitate an arrest following a routine traffic stop.
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September 26, 2011

Bergen County Police Departments Get Large Infusion of Money for Increased DWI Patrols

by Jonathan F. Marshall

With so much emphasis on curbing drinking and driving here in the Garden State it’s no surprise that a great deal of money is funneled to state and municipal law enforcement agencies for enhanced drunken driving saturation patrols and additional DWI roadblocks and sobriety checkpoints. While police agencies, government entities and traffic safety experts maintain that federal funding of anti-DWI campaigns, such as the “Over the Limit, Under Arrest” effort, is well spent, some may be concerned that the return on investment is less than optimal.

Nevertheless, as New Jersey drunk driving defense attorneys we see numerous potential clients who have been arrested or cited for driving while intoxicated in counties such as Hudson, Monmouth, Ocean and Sussex. While none of these individuals can be placed in any one category, it’s a good bet that a percentage were not aware that they may have been legally drunk when they were stopped by a patrolman, or flagged over into one of the many DWI checkpoints that pop up from time to time.

The funding for enhanced anti-drunk driving enforcement patrols from time to time means that the odds of being picked up for operating a motor vehicle while under the influence of alcohol, prescription meds (drug DWI) or even illegal substances, like marijuana or cocaine, is greatly increased. In fact, towns like Elmwood Park in Bergen County, NJ, have the advantage of being funded on a fairly regular basis to fight drunken driving.

According to news articles, toward the end of August, Bergen County collected more than $100,000 in reimbursements for traffic enforcement activities by the county’s law enforcement departments. These funds included monies earmarked for anti-drunk-driving campaigns that went to municipalities such as Elmwood Park, which alone received more than $40,000 from the Bergen County prosecutor’s office for enhanced DWI enforcement patrols and roadside sobriety checkpoints.
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September 19, 2011

Bergen County DWI Defense News: Elmwood Park, NJ, Police Catch 18 Drunk Drivers

by Jonathan F. Marshall

Whether you live or work here in Monmouth, NJ, or in Hudson, Bergen or Atlantic County, as a New Jersey motorist you have no doubt seen or been directed into one of the frequent police checkpoints used to catch drivers who may be operating their car or truck under the influence of alcohol (beer, wine, or hard liquor), prescription medication or even illicit drugs or other controlled dangerous substances (CDS) such as marijuana or cocaine.

Each of these sobriety roadblocks, also known as DWI checkpoints, is designed to bring drivers in close contact with local, municipal and state police officers so that they can determine if a driver has been drinking alcohol or ingesting some type of substance that may cause impaired driving. Upon being identified as possibly impaired by some substance, the patrolman in charge will most likely as the driver to step out of his or her vehicle in order to perform one or more standardized field sobriety tests.

Although the number and order of the standard field sobriety tests given during a DWI traffic stop tend to vary depending on the police officer and the particular situation in which the driver may find himself, the following is list of the tests that are usually used to some extent or antoher:

— Horizontal Gaze Nystagmus
— Head-tilt
— Touching a finger to one’s nose
— Balancing one leg
— Walking heal-to-toe
— Reciting the ABCs
— Counting
The most common of these tests is the Horizontal Gaze Nystagmus, during which the officer attempts checks to see how smoothly an individual’s eyes are tracking a finger or pen in front of his or her face. A knowledgeable attorney knows to do a thorough analysis of the testing done by the arresting officer in order to determine whether or not the field sobriety tests were administered properly.
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