Bergen County DWI Defense

February 4, 2011

New Jersey Legal News: Hackensack Apartment Complex Ordered to Pay $7 Million in Drunken Driving Injury Accident

As a New Jersey drunk driving defense attorney, my job is to represent individuals charge with DWI, drug DUI or refusal to take a breathalyzer test. Because state law is so harsh when it comes to convicted drunken drivers, the fines and penalties that a motorist can face following a DWI arrest, it makes very little sense to walk into a courtroom unprepared.

Regardless of whether one lives in Bergen, Passaic, Mercer or any of the other counties across this state, law enforcement and the judiciary have been cracking down not only on the driver who operates his or her vehicle while under the influence of alcohol or prescription drugs, but also bars and restaurants who might be over-serving their patrons.

Not long ago, a Hackensack apartment complex was hit with a multi-million dollar judgment in connection with an under-age driver who left a party drunk and drove his car into a pedestrian walking a dog. Based on news reports, the jury in the case settled on a $7.4 million judgment that found 20-year-old David Figueroa was allowed to consume alcohol at a party in a unit of the Excelsior Apartments prior to causing that a serious traffic accident.

That crash, according to court records, involved a prominent cardiologist, Henry Lau, who received multiple injuries including two broke legs, broken pelvis and back, as well as several broken ribs. The doctor also received a number of facial injuries. Lau spent a total of six months in the hospital and later in rehab following multiple operations for his injuries.

The accident happened on December 27, 2006, when Lau was out walking his dog along a stretch of Clinton Place during the early morning. Figueroa reportedly fled the scene following the accident but was apparently picked up by police not long after the incident. Charged with vehicular assault and leaving the scene of an accident, he was sentenced in May 2008 to two months in jail and five years probation, plus a total of 180 hours of community service.
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January 26, 2011

New Jersey Driver Convicted of Drunken Driving Following Arrest at a Bergen DWI Checkpoint Loses Appeal

by Jonathan F. Marshall

Sobriety checkpoints, also known as drunk driving roadblocks, can be the source of many drunken driving arrests. For many drivers, being arrested for driving under the influence of alcohol or prescription medication, even illicit drugs or CDS (controlled dangerous substances), can begin a chain of events that can lead to a DWI or drug DUI conviction.

Penalties for driving while intoxicated in the Garden State can not only put a dent in one’s wallet, but can also lead to jail time depending on the circumstances or if the defendant already has previous DWI convictions under his or her belt. In some cases, an appeal can be mounted, which can either overturn a lower court’s decision or reduce the penalties associated with the original conviction.

Sometimes, however, an appeal can be turned down based on the facts of the case. One such example of a failed appeal is the case of New Jersey v. Robert Brembt. Decided last year, this particular case involved the conviction of Mr. Brembt by a Bergen County court. Court records show that Brembt’s appeal was based on his contention that the sobriety checkpoint at which he was arrested for DWI violated the standards set forth in the 1985 case of State v. Kirk.

Brembt was initially stopped at a DWI checkpoint on a stretch of Wyckoff Ave. in Waldwick Twp on May 24, 2008. The stop occurred just before 1am, at which time an officer approached Brembt’s vehicle and observed that the defendant’s eyes were “glassy and watery.” The patrolman also reportedly saw two open beer cans in the vehicle, as well as smelling alcohol on the man’s breath.

The officer asked Brembt to recite the alphabet, count backward, and perform other field sobriety tests. Based on defendant’s performance of these tests, police concluded that Brembt was impaired due to alcohol and arrested him at the scene. He was charged with DWI in a school zone, having an open alcohol container in his vehicle, and reckless driving.

Brembt and his attorney filed a motion to suppress arguing that the sobriety checkpoint did not meet the State v. Kirk requirements. However, the lower court conducted an evidentiary hearing and denied the motion. As a result, Brempt entered a conditional plea agreement, in which he reserved the right to appeal the denial of his motion to suppress. He then pled guilty to DWI, while the other charges were dismissed. The man was sentenced 48 hours in the Intoxicated Driver Resource Center (IDRC) and a month’s worth of community service. His driver’s license was and vehicle registration was suspended for two years, and fines and penalties were imposed.

While a sobriety checkpoint or DWI roadblock is considered a seizure within the meaning of the Fourth Amendment to the United States Constitution, as well as Article I, paragraph 7 of the New Jersey State Constitution, State v. Kirk does not require police to show probable cause when stopping any individual motorist, however it does require that the police show some rational basis for deploying that kind of enforcement technique.
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January 15, 2011

Bergen County Court Convicts New Jersey Motorist of Cocaine Hangover following DUI-related Car Crash

by Jonathan F. Marshall

According to news reports, a motorist was recently convicted of drug DUI in a Bergen County courtroom following a traffic accident at a Fort Lee toll booth that netted him a charge of drunken driving in 2008. The case, which was tried before a jury, may have been the first of its kind in the Garden State, according to reports.

Based on news articles, Bergen County prosecutors were able to convict 47-year-old Kenneth Verpent based on the so-called aftereffect of taking cocaine. One of Bergen County’s assistant prosecutors stated that people think intoxication comes from the high one gets after using cocaine, much like the so-called buzz from alcohol. The state’s case apparently was based on the intoxication that occurs even after the initial high “wears off.”

It’s said that this is a rather novel approach to convicting drivers who allegedly operate their vehicles while impaired by alcohol or other substance, such as illicit drugs like cocaine or marijuana. Such an approach to prosecuting drivers could even include those who are taking prescription medication, say some experts.

The case in question arose out of a December 2008 traffic accident at a Fort Lee, NJ, toll plaza. According to reports, Verpent was driving a large tow truck to a job in New York City. Approaching the plaza along the George Washington Bridge, his vehicle rear-ended a Honda Accord driven by Sabrina Patrick of Little Falls.

The woman’s smaller car was crushed between the Verpent’s tow truck and another heavy vehicle directly in front of her. The crash reportedly left Patrick with a fractured spine. According to news article, the woman, now 40 years old, had to leave her job and move to Arizona to avoid the higher humidity of the East Coast, made worse by her injuries following that accident.

Police reports showed that Verpent’s eyes were bloodshot and his pupils were constricted at the time of the crash. According to news articles, the man appeared to police to be slow, lethargic and unsteady on his feet. And while his blood-alcohol content (BAC) was measured as 0.0 percent, his urine tested positive for cocaine.
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January 4, 2011

Bergen County DWI News: Driver Arrested for Drunk Driving after Car Goes into Passaic River

by Jonathan F. Marshall

You’ll find no argument from most people that driving while intoxicated can be hazardous to one’s health. The law enforcement community and New Jersey’s court system has little if any tolerance for individuals who are caught operating a motor vehicle under the influence of alcohol or drugs (drug DUI). In cases where an accident was the alleged result of drinking and driving you can bet that a judge will be highly critical of the defendant’s actions leading up to the crash.

While injuring another party in a DWI-related traffic accident is bound to raise eyebrows amongst state and local police, as well as the judiciary, putting oneself in jeopardy is likely just as serious. Although some might argue that a self-inflicted injury due to a single-vehicle accident could generate sympathy from the court, there is no guarantee of leniency in cases involving a drunken driving crash.

As a New Jersey DWI defense lawyer, I and my staff are ready to represent individuals accused of driving under the influence all across the Garden State; from Bergen to Union County and from Monmouth to Atlantic County. Whether a driver is stopped for drunk driving, prescription drug DUI, or marijuana possession in a vehicle, our staff has the experience to handle a wide range of cases.

December 12, 2010

Intoxicated Drivers Warned about New Jersey’s Plans for Holiday DWI Crackdown

by Jonathan F. Marshall

In-state and out-of-state drunken drivers take note, the State of New Jersey will have an increased police presence on public roads throughout the Garden State as the holidays approach. According to news articles, local and state law enforcement departments in Bergen, Passaic and Ocean County, as well as the rest of the state, will be on the lookout for drivers operating their vehicles while intoxicated.

As New Jersey drunk driving defense attorneys, I and my legal staff represent individuals accused of DWI, prescription drug DUI and breath test refusal on a daily basis. We even council drivers charged with cocaine, and other controlled dangerous substance (CDS) possession. This latest enforcement program, aptly named “Over the Limit, Under Arrest,” will bring additional officers to bear on the motoring public during the upcoming holidays.

Aiming to reduce the amount of drunk drivers on the road, the campaign calls for saturation patrols and sobriety checkpoints (also known as DWI roadblocks) from December 13 through January 2, 2011, according to officials at New Jersey’s Division of Highway Traffic Safety. The program reportedly will provide federal grant money of up to $5,000 to each of 115 police departments.

November 5, 2010

Bergen County Police Report: Illegal Immigrant Arrested for Drunk Driving in Teaneck, New Jersey

by Jonathan F. Marshall

Being stopped by a police officer for a routine traffic offense can lead to other, more serious charges. As a New Jersey DWI defense attorney, my goal is to assist motorists accused of driving under the influence of alcohol, prescription drug DUI, or other drunken driving charges. What this means to the average driver is that a simple broken taillight can turn into a DWI summons depending on whether or not that individual has a certain amount of alcohol in his or her bloodstream.

As drunk driving defense lawyers in Bergen, Ocean, Middlesex and other counties across the Garden State, my firm sees all manner of DWI arrest scenarios throughout the year. To complicate matters, a driver who actively takes the wheel in an intoxicated state may be risking other charges and legal actions. Case in point, an allegedly illegal immigrant who was stopped a while back by patrolmen in Teaneck, NJ, for driving while intoxicated.

According to news reports, police were alerted to a car being driving in a reportedly erratic fashion along Queen Anne Road in the early evening hours on a Sunday. Based on police reports, patrolmen pulled the woman over after they observed her car apparently crossing the double center line of the road.

October 29, 2010

Bergen County Drunk Driving News: Multiple DWI / DUI Arrests in Lyndhurst, North Arlington

by Jonathan F. Marshall

DWI arrests come in all shapes and sizes, sometimes in ways that one wouldn’t expect. The important thing to remember is that anyone who feels the least bit tipsy from alcohol consumption or is otherwise impaired due to prescription medications (drug DUI) or other controlled dangerous substance (CDS) should think long and hard about climbing behind the wheel of an automobile. As a New Jersey DWI defense lawyer, I know that even sitting in a parked motor vehicle while intoxicated could result in a drunken driving arrest or summons. So why chance it?

Recently a number of arrests took place in could North Arlington and Lyndhurst, NJ, that illustrate what can and does happen to New Jersey drivers on a fairly regular basis. As Bergen County DWI Attorneys, my firm knows that you don’t have to be caught at a sobriety roadblock to feel the pinch of a DWI conviction down the road.

CDS PossessionA 25-year-old driver was stopped in the early morning hours on a Saturday for a routine traffic violation in North Arlington. The police officer pulled the man over for operating his vehicle without his headlamps turned on. Upon determining that the motorist had some outstanding warrants, the officer effected an arrest. In the process he found five bags of what police believed to be cocaine.

Marijuana Possession in a VehicleA 17-year-old Belleville driver was arrested in Lyndhurst after a routine traffic stop. According to police reports, the teenager was charged with possession of marijuana in a motor vehicle. Police eventually released the teen to his parent. Police issued the teenager a summons for violation of a provisional license
Drunk DrivingEarly on a Sunday morning, police responded to a noise complaint on Canterbury Avenue. When police arrived they found a car with its sound system turned on very loud. Observing a 46-year-old local man seated in the driver’s seat, the officers also noticed that the vehicle’s engine was running. Talking with the driver, the officers detected the odor of alcohol and requested the man exit the car and perform several field sobriety tests, which he failed. The man was subsequently charged with drunk driving, cited for not being a licensed driver, plus refusing to submit to a breathalyzer test. The man’s car was also impounded.
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October 28, 2010

New Jersey Drunk Driving News: Hackensack, NJ, Cops Charged with DWI-related Accident Cover-up

by Jonathan F. Marshall

As a former municipal prosecutor I have the utmost respect those professionals working in the law enforcement community. And who wouldn’t? These are the men and women who put their lives on the line every day to ensure public safety on our roadways and elsewhere across the state. Yet, even though I respect and applaud the effort and selfless dedication of the police force in general, as a New Jersey drunk driving defense attorney I understand that there are always going to be some bad apples out there.

The line we all must draw is when a public servant breaks the laws he or she is sworn to uphold. As a citizen I fully expect all public officials including police officers to carry themselves with dignity and remain exemplary role models to the rest of society.

What I cannot accept is a public servant who flouts the law or twists it for his own gain. Drunk driving is an area of the law in which I and my staff are quite experienced. Not long ago, a couple police officers from Hackensack, NJ, were charged with a cover-up involving a traffic accident. One of the shocking aspects of this story is that one of the cops was drinking and driving while off duty when he crashed his vehicle.

October 23, 2010

Bergen County Drunk Driving News: Mahwah, NJ, Named One of Top Speed Trap Locations in U.S.

by Jonathan F. Marshall

What many people do not realize is that state and local police officers in New Jersey do not usually pull people over for driving drunk. Law enforcement officers must have a reasonable suspicion that a driver is breaking the law, which typically means another violation such as speeding, not maintaining a lane, or even something minor like a broken taillight or other defective vehicle equipment.

Once a driver is stopped, however, the officer will carefully evaluated the motorist to see if he or she is exhibiting signs of intoxication. Being arrested for driving under the influence of alcohol or prescription medication is possible when the officer suspects that individual is impaired. As a New Jersey DWI defense lawyer, I understand the steps that lead to a drunken driving or drug DUI conviction.

That initial traffic stop, as stated above, will usually be for a routine traffic law violation. While most municipalities will deny it, there are apparently some towns and villages across the US that use speed traps to catch unwary motorists. Driving while impaired in these parts of the country may result in a costly DWI arrest to say the least.

October 11, 2010

Bergen County, NJ, Drunken Driving Report: East Rutherford DWI Police Blotter

by Jonathan F. Marshall

Here in New Jersey, drunk driving arrests happen on a daily basis. Many times these incidents begin with a routine traffic stop for a sometimes minor traffic violation but soon turn into a full-blown DWI situation. Instances of motor vehicle accidents can also lead to a driver being slapped with a summons for driving under the influence of alcohol.

As a New Jersey drunk driving defense lawyer, my firm represents individuals who have been accused by state or local police of driving while intoxicated. A look at the local news shows a sampling of DWI arrests in the Bergen County area, which illustrate the typical kinds of traffic stops that lead to possible drunk driving charges and convictions.

One such stop occurred on a Monday evening when a concerned motorist called police on her cell phone to reports a possible drunken driver ahead of her on West Paterson Avenue in East Rutherford, NJ. Police responding to the call came upon a vehicle at the intersection of Paterson and Main. A 43-year-old man was in the vehicle seated in what police described as “a fully reclined position” and apparently asleep.

Waking up the out-of-state driver to request the man’s paperwork, officers reported that they detected the smell of alcohol on the driver’s breath. Suspecting that he was intoxicated, police had the man perform a number of field sobriety tests, which he reportedly failed. At that point, the officers arrested the man and charged him with DWI.

On another occasion, a patrolman going eastbound on Route 3 watched as another car passed him in the center lane and then reportedly swerved between the lane demarcations. The officer noted that the suspect vehicle nearly struck another motor vehicle at that time. Driving another 500 yards, the vehicle was observed pulling over in the right lane. The officer then called to the man via his patrol car’s PA system and told him to move his car.

Pulling the driver over into a nearby gas station, the officer asked the driver to exit the vehicle and perform several field sobriety tests. Failing those tests, the 45-year-old Rutherford resident arrested and charged with driving under the influence of alcohol. Consequently, he was also charged with driving on a suspended license, careless driving, failure to maintain his lane and obstructing passage of other motor vehicles.
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