Bergen County DWI Defense

September 6, 2011

Garden State Counties Join in New Jersey Law Enforcement Drunk Driving Crackdown

For many New Jersey residents, rather than enjoy this past Labor Day weekend they likely spent most of their time cleaning up from the effects of tropical storm Irene. Still, in areas less affected, surely some Garden State drivers saw some increased drunken driving enforcement activities by state and local police. As part of the national “Over the Limit, Under Arrest” campaign, it’s a fair bet that dozens of motorists had encounters with law enforcement officers during what has become an annual anti-DWI effort.

Of course, it’s hardly a good idea to operate a motor vehicle while under the influence of beer, wine or hard liquor, as well as illicit drugs such as marijuana and cocaine. But during the last two weeks, drivers who did take their chances by drinking and driving may have met with a DWI or drug DUI arrest or summons to appear in court.

This effort took place in nearly every county across New Jersey, including Bergen, Hudson, Union, Monmouth and Ocean, just to name a few. As a drunken driving defense lawyer and former municipal prosecutor myself, I understand how some individuals can be pickup up for driving while intoxicated, though perhaps be unaware that they were legally impaired at the time of their arrest.

Whether stopped by a rolling DWI patrol for an apparent minor traffic offense, or being waved into a sobriety checkpoint (also known as a DWI roadblock for observation by a police officer looking for drunken drivers, the resulting charges of drunken driving or impairment due to prescription medication or an illegal drug (also known as a controlled dangerous substance or CDS) can be costly in terms of fines and penalties, as well as the impact on an individual’s personal and business relationships or standing in the community.
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July 22, 2011

Bergen County DWI Arrest News: Police Charge Drunken Driver after Motorist Hits Pedestrian at Meadowlands

by Jonathan F. Marshall

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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July 7, 2011

Bergen County News: Saddle Brook Police Department begin Enhanced Summer Drunken Driving Enforcement

by Jonathan F. Marshall

For anyone who hasn’t already noticed an increased police presence on New Jersey roadways this summer, it’s that time again for stepped up drunken driving enforcement throughout the Garden State. What this means is that towns like Saddle Brook, NJ, will have their police officers working diligently to pickup motorists suspected of driving under the influence of alcohol, doctor-prescribed medications and even illicit drugs like marijuana and cocaine.

As drunken driving defense lawyers representing Garden State residents against charges of impaired driving, breath test refusal and possession of controlled dangerous substances in their vehicle, I and my colleagues understand the many and varied ways that a driver can be stopped and arrested for DWI and drug DUI. With the warm weather upon us and college students home for summer break, it’s a foregone conclusion that drunken driving arrests will be on the increase throughout New Jersey counties, such as Mercer, Hudson, Essex and Ocean.

According to news articles, police departments in many towns and municipalities will be steeping up their anti-drunken driving patrols. Actually, these latest push is tied to the so-called “101 Days of Summer” DWI campaign in which increased police patrols (sometimes known as saturation patrols) will be used in an attempt to counteract the swelling of New Jersey’s summertime population.

Police departments across the state will be carrying out similar efforts to the one detailed in a news article about the Saddle Brook Police Department’s latest endeavor to catch and prosecute drunk drivers. As a former municipal prosecutor myself, I understand the strategies used by law enforcement and prosecuting attorneys to effect arrests as well as DWI convictions.
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July 2, 2011

Police Charge Bergen County Driver in Drunken Driving Injury Accident

by Jonathan F. Marshall

When it comes to driving under the influence of alcohol or prescription medication (drug DUI), the legal system in New Jersey can be very strict regarding sentencing for anyone convicted of DWI. Regardless of whether you live in Atlantic, Ocean, Middlesex or Union County, a drunken driving arrest is nothing to take lightly. Add to that a possible injury accident and most motorists should certainly consider talking to a qualified drunk driving defense lawyer.

As DWI attorneys serving drivers throughout the Garden State, I and my colleagues have vast experience in representing individuals charged with driving while intoxicated (DWI), drug DUI (including marijuana possession in a motor vehicle) and breath test refusal. One thing we would suggest to anyone who attends a summer picnic or evening pub gathering is not to drink and drive. Most certainly, do not end up causing a traffic accident if you are in any way inebriated.

Not long ago, a resident of Bergen County found himself on the wrong side of the law when he reportedly crashed his car, injuring himself and all three of his passengers. According to news articles the wreck happened early Sunday morning when 20-year-old Ryuichi Nakada — a resident of Bergenfield, NJ — apparently lost control of his 2007 Nissan along a stretch of Hackensack Ave.

Based on reports, the Altima sedan for reasons unknown at the time of the accident struck a concrete lane divider, then hit a utility pole overturned onto its roof and eventually ended up in a nearby restaurant parking lot. Eye witnesses to the crash told officers that the vehicle was going northbound when it hit the median barrier near the entrance to Route 4 west. Police believed that the driver was drunk at the time of the impact.
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June 22, 2011

New Jersey Motorist Charged with DWI after Hitting Police Chief’s Patrol Car

by Jonathan F. Marshall

The last time we mentioned unintended consequences. Well, there are unintended consequences for driving while intoxicated, either by alcohol, prescription meds, or illicit drugs such as marijuana or cocaine… and then the are unintended consequences of those original consequences, so to speak. One consequence that we would prefer not to see any person have to defend himself against is hitting a police vehicle while allegedly driving under the influence of alcohol.

As New Jersey DWI defense lawyers representing individuals from counties such as Monmouth, Ocean, Burlington and Passaic, we can say without much trepidation is don’t even think of assaulting a law enforcement officer with a vehicle, drunk or not. This is a serious offense that can complicate a drunken driving defense without a doubt.

Not surprisingly, this type of helpful advice is ignored by more than a few people every year here in the Garden State. Such was the case for an out-of-state driver last month when he crashed his SUV into an Elmwood Park, NJ, police vehicle being used by none other than the department’s chief of police.

According to news reports, the accident happened around 2:30am on May 15 as Police Chief Donald Ingrasselino and Lieutenant Frank Thorpe were heading to a DWI sobriety roadblock in Bergen County. Based on police reports, Chief Ingrasselino and Lt. Thorpe were traveling eastbound along Rte 46 toward the drunken driving checkpoint being operated that morning at Midland Avenue when their Dodge Durango was struck.
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June 16, 2011

NJ State Police Institute Tighter Standards Regarding Troopers Arrested for DWI

by Jonathan F. Marshall

In the wake of controversy revolving around State Police Trooper Sheila McKaig’s alleged drinking and driving incidents over the years, the New Jersey State Police have implemented new standards aimed at curbing potential abuses of power that some have said police officers occasionally commit when they are stopped for offenses such as DWI.

In McKaig’s case, numerous news reports indicate that she was never ticketed even though the officer was stopped multiple times for driving while intoxicated over the course of three months back in 2008. In this particular situation, the judge in the case did not recommend firing the trooper outright on the grounds that that McKaig did seek counseling and has been considered a model for other police officers.

Back to the NJ State Police and its newly instituted policies for officers caught driving under the influence according to reports, the agency has reportedly launched a review of the use by troopers of so-called “undercover identification cards.” Along with this, orders from up the chain of command within the State Police reportedly increase the accountability on the part of higher-ranked officers and requires more careful review of traffic stops (including car accidents) that may have been related to alcohol consumption.

As a New Jersey drunken driving defense lawyer, I and my staff, understand that the police have a tough job of maintaining the peace and bringing alleged perpetrators to justice. However, when the rules cease to apply to the vary people entrusted with the public’s safety this is when our tolerance as individuals and a society begins to be tested.

According to news reports, policy changes at the State Police will place responsibility squarely on the shoulders of regional commanders when a trooper is suspected of operating a motor vehicle under the influence of alcohol. In fact, based on information provided by local news sources, higher-ranking officers may even be required to respond themselves to the scene of a possibly alcohol-related traffic incident involving another law enforcement officer.
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April 28, 2011

Monmouth County DWI Defense: Things to Consider Following a Drunk Driving Arrest in New Jersey

by Jonathan F. Marshall

Whether you live or work in Ocean, Sussex, Bergen or Union County, it’s likely that nobody expects to be pulled over by police and arrested on charges of driving under the influence of alcohol. Here in Monmouth County, as in the rest of the Garden State, I and my staff of experienced DWI defense attorneys fully understand the anxiety and trepidation that follows a drunken driving or drug DUI police stop.

For first-time drunk driving arrestees, and even those picked up for driving under the influence of prescription medication or illicit drugs such as marijuana, the experience can be a shock. But more than that, not taking action and leaving one’s fate in the hands of the court is something that no one should allow to happen, if they can help it.

Of course, second and third-time offenders have a different set of circumstances to deal with, but in general, we always recommend that motorists consult with a qualified DWI lawyer. The reason is simple: being cited for impaired driving — whether allegedly due consumption of beer, wine or hard liquor; prescription pain medication or a controlled dangerous substance (CDS) — is nothing to be taken lightly.

Careers, marriages, and reputations have been ruined by drunken driving and DUI convictions. Of course, being arrested for driving while intoxicated can happen night or day. It usually, but not always, happens with a seemingly routine police stop for a supposedly minor traffic infraction — something as insignificant as a faulty taillamp. Other times it can come at the location of a drunk driving roadblock (also known as a sobriety checkpoint).

Regardless of the circumstances, once charged with a DWI one should as a matter of course contact a DWI-DUI defense attorney. My office has handled enough DWI cases and spoken with so many people charged with DWI or DUI that we know it’s not a wise idea to represent yourself in front of the court. Not only can the process of fighting a DWI arrest be confusing to the first-time defendant, there is no way that a layperson can come fully prepared to face the court – at least, not like one can with a qualified DWI defense lawyer at one’s side.
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April 9, 2011

Elmwood Park Police Arrest 9 Motorists; Charge 70 Others with DWI at Bergen County Sobriety Checkpoint

by Jonathan F. Marshall

Do drunk driving roadblocks enhance traffic safety and save lives? This is a question that people have been asking for many years. Here in the Garden State, criticism of sobriety checkpoints runs the gamut; from those who believe DWI and DUI roadblocks are highly effective in keeping intoxicated drivers off public roads to those who feel drunken driving checkpoints are a waste of taxpayer money and should be eliminated.

From our standpoint as New Jersey DWI defense attorneys, we can see both sides of the argument. But one thing is certain, drivers in Monmouth, Ocean and Sussex County continue to be arrested and ticketed for driving under the influence of alcohol, prescription medication and illicit drugs, such as marijuana and cocaine. Over in Bergen County the Elmwood Park police reported nine arrests during a recent DWI checkpoint; officers also issued 70 other individuals summonses for various other traffic offenses.

According to news reports, the mid-March drunk driving roadblock set up by local authorities ran from 11:30pm on a Friday night until 3:30am the next morning. The location of the checkpoint was along a stretch of westbound Rte46. Eight of those arrested were charged with driving under the influence; the remaining arrestee was charged with possession of a controlled dangerous substance (CDS).

March 24, 2011

New Jersey Driver Arrested for DWI after Hitting Parked Car in Little Ferry

by Jonathan F. Marshall

Depending on the circumstances, a driver can occasionally be arrested for DWI yet not be physically able to provide police with a breath sample. In some cases, police will then take the suspect to a local hospital to have the person’s blood and urine sampled for evidence of drunken driving. As a New Jersey DWI and drug DUI defense lawyer, I and my colleagues have seen many such instances.

A news article not long ago showed what can happen when a driver allegedly operates a vehicle under the influence of alcohol. According to the report, a later afternoon call to the local police department described a possibly intoxicated driver who had moments earlier reportedly struck a parked car on Main Street in Little Ferry, NJ, then drove off.

The driver, who was allegedly operating a grey VW, was followed by the caller to a local apartment complex. Based on police reports, officers arrived at the complex in time to observe the suspect enter one of the apartment units. After knocking, the woman answered the door. Officers apparently asked the suspect if she had just been driving the VW parked out front, to which she answered in the affirmative.

The patrolmen inquired if the woman realized that she had been in an accident, and she reportedly stated that she had. She also stated, according to police reports, that she believed she only tapped her sideview mirror. According to the news report, officers had found the VW’s front passenger-side body panel had been heavily damaged.

During the interview, officers allegedly detected the odor of alcohol on the suspect’s breath. Police also reported that the woman appeared disoriented and that she was not making sense when she answered the patrolmen’s questions. As she walked away from the front door of her apartment, police stated that she appeared to be staggering and swaying.

Inside the apartment, police asked the suspect if she would submit to a sobriety test, to which she responded that she couldn’t due to mental and physical complications. The officer apparently felt it was unwise to have the woman attempt to complete any balance tests, so they placed her under arrest and took her to the local police department where she was charged her with DWI.
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March 16, 2011

Bergen County DWI News: New Jersey Driver Arrested for DWI Accident that Injured Park Ridge Man

by Jonathan F. Marshall

As a New Jersey DWI defense attorney, I’d be the first to say that being arrested for alleged drunk driving following an injury accident will not gain a person any points in court. It’s a fact that the police already have a very dim view of intoxicated driving, but combining that with property damage and personal injury and the court will also be unimpressed.

Still, in our legal system a defendant is considered innocent until proven guilty, which is why I and my colleagues are ready to represent individuals charged with drunken driving and drug DUI in Bergen, Union, Middlesex and Ocean County, among others. Regardless of the reasons, when a driver makes an error by getting behind the wheel after having a drink or two, the ultimate result can often be a DWI conviction in a local courtroom.

A news article not long ago described a car accident that apparently was precipitated by an allegedly drunk driver. According to news reports, a 31-year-old Passaic County driver crossed over into opposing traffic along a stretch of Rte 46 and struck another vehicle near the Green St. intersection. The accident, which happened just after midnight on a Sunday, critically injured a 43-year-old Bergen County driver.