Bergen County DWI Defense

April 22, 2010

New Jersey DWI Police Blotter: Bergen County, NJ, Drunk Driving and Marijuana Possession Arrests

Marijuana CDS

In a possible drug DUI incident in North Arlington, NJ, two 20-year-olds in a light truck were stopped by a police officer who had been alerted by local residents to a possible marijuana drug deal going on in a local neighborhood. The traffic stop occurred on Belmont Avenue just before 4pm on a weekday. When the two men — who apparently were passengers in the truck — denied holding any marijuana, the officer told them that he would call in a drug sniffing dog to investigate. At that point, one man reportedly ran from the scene. He was eventually caught and arrested. Both he and the other 20-year-old were charged with possession of controlled substance and later released on summonses.

In Lyndhurst on a Saturday evening, police approached an apparently suspicious looking car that was sitting in a lot on Chubb Avenue. As officers approached the occupied vehicle, they could detect the reportedly strong odor of marijuana coming from the car. Based on police reports, a 15-year-old passenger and resident of Belleville, NJ, was charged with possession of marijuana.

April 10, 2010

NJ Drunk Driving Update: Former Mets, Yankee Baseball Player Arrested for DUI in Bergen County

by Jonathan F. Marshall

A former Yankee and Mets ball player was recently collared by New Jersey police on charges of driving under the influence of drugs. According to news reports, 45-year-old Dwight Gooden — major league baseball ace pitcher — was allegedly operating a motor vehicle in a drug-impaired condition with a child riding as a passenger.

As a New Jersey drunk driving defense lawyer, I know how serious this kind of charge can be, especially when a minor child may have been knowingly or unknowingly put in jeopardy because of the driver’s actions. This is why I always recommend that people who are accused of DWI, drug DUI, breath test refusal or other traffic offense tied to driving while impaired contact a qualified legal professional as soon as possible.

In this case, Gooden was placed under arrest on a Tuesday morning for the drug DUI offense as well as reckless driving and leaving the scene of an accident. The fact that the man may have been involved in a possible accident makes the situation that much more critical.

March 12, 2010

New Jersey Drunk Driving News: Bergen County Man Charged with DWI Despite 0.0 Blood-alcohol Reading

by Jonathan F. Marshall

While fighting a DWI arrest is a fairly common practice, fighting a drunken driving charge after “blowing” a double-zero on an Alcotest device is somewhat out of the ordinary. As a New Jersey DWI defense attorney, I and my colleagues are certified in the proper use, operation and maintenance of the Alcotest breath testing machine typically in use by most all of New Jersey’s police departments and state DWI enforcement agencies.

According to a recent news article, a Garfield, NJ, man was charged with driving under the influence of alcohol even after he registered a 0.0 percent blood-alcohol content on not one, but two supposedly well-maintained and correctly calibrated Alcotest devices. Regardless, Fair Lawn police charged 20-year-old Dariusz Palka with DWI anyway.

Based on police reports, Palka was pulled over around 2am at a DWI sobriety checkpoint on Broadway and 17th Street while traveling in the city with a number of buddies back on December 19. The friends were reportedly looking for a place to eat as the reason for their late night drive.

March 6, 2010

New Jersey Drunk Driving Defense: Bergen County DWI and Drug DUI Police Blotter

by Jonathan F. Marshall

A number of recent DWI and controlled/dangerous substance (CDS) arrests in Bergen County, New Jersey, illustrate the ease and frequency of drunk driving and drug DUI arrests around the state. As a New Jersey DWI defense lawyer, my aim is to help my clients get a fair trial and to defend each individual against potential abuses or procedural errors on the part of the police.

Drunken driving has become a serious offense in New Jersey, as well as across the United States. This does not change the fact that every person accused of or charged with a DWI offense is considered innocent until proven guilty. As a former municipal prosecutor, I understand the techniques used by law enforcement to attain drunk driving convictions. The following news items reflect the kinds of arrests that occur on a weekly basis here in the Garden State.

Lyndhurst
A 33-year-old Rutherford man and a 32-year-old man from Lyndhurst, NJ, were each arrested on a late January evening in what could have been a drug DUI incident following a complaint of illegal fireworks in the 100 block of Copeland Avenue. Police identified a vehicle that allegedly left the scene of the incident and conducted a standard motor vehicle stop. In the course of the arrest, one of the occupants was charged with possession of a prescription drug without a prescription. The other man was charged with possession of marijuana, and found to have a $400 outstanding warrant. Both were subsequently released on summonses.

Rutherford
A 34-year-old New York man was arrested on a Thursday morning in late January for DWI and careless driving following a motor vehicle stop on westbound Route 3. According to police, the suspect was allegedly passed out behind the wheel when the officers approached the man’s vehicle. He was transported to Meadowlands Hospital due to his apparently high level of intoxication. Police later released the motorist on summonses.

A 20-year-old Kearny driver was arrested on January 30 in the early morning hours for DWI and failure to keep right. Police reported that the suspect made an illegal left turn onto Station Square and then began driving the wrong way before officers pulled him over. The driver reportedly failed a field sobriety test and later registered a 0.12 percent reading on the breath test. The man was subsequently released on summonses.

East Rutherford
A Rutherford resident was arrested in the early morning hours of a Sunday, charged with DWI. According to reports, witnessed flagged down a patrolman regarding a vehicle that had been observed swerving on southbound Route 17. Police reported locating the vehicle and its 25-year-old driver in a parking lot on the corner of Hoboken Road and Enoch Street. The motorist allegedly failed a field sobriety test, after which he was transported to Hackensack University Medical Center due to his being visibly impaired by alcohol.
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January 26, 2010

Bergen County DWI News: Cliffside Park, NJ, Records Most Drunk Driving Arrests Ever

by Jonathan F. Marshall

According to a recent news article, Cliffside Park police set a new record for drunken driving arrests in 2009. As a New Jersey drunk driving defense lawyer, my firm represents motorists from Bergen County as well as Essex, Mercer, Union, not to mention other areas around the Garden State. Being arrested for driving while under the influence of alcohol or prescription drugs is the first step toward a conviction for DWI or DUI, which can be a serious and costly way to pay for lack of foresight.

Based on the news report, Cliffside Police stated that there were more DWI arrests in the municipality during 2009 than any other past year since records have been kept. Law enforcement officials say that the higher number of arrests for driving while intoxicated goes to increased drunk driving patrols and the additional use of sobriety checkpoints.

The number of arrests in Cliffside Park last year totaled 102 for alcohol-related charges. The money to support the new checkpoints reportedly came from the Cliffside Park Police Department State Drunk Driving Enforcement Fund. For this borough police established two separate DWI checkpoints and operated approximately 12 additional drunken driving patrols. The state funds that support added DWI enforcement come from legal fines and bottle taxes that eventually find their way back to the municipalities.

January 4, 2010

DWI News: New Jersey Celebrates the New Year with Dozens of Drunk Driving Arrests

by Jonathan F. Marshall

Now that we’re several days into the New Year, I’ll say it once again: New Jersey law enforcement agencies and local police continue cracking down on drunken driving around our state. New Year’s Eve may be one of the more common times to find motorists drinking and driving, but every day has the potential for many drivers to be caught driving under the influence of alcohol.

As a New Jersey DWI defense attorney, I and my staff spend our days defending people accused of driving while intoxicated or driving under the influence of prescription drugs. Whether deliberate or not, the police and society have virtually no tolerance for this kind of traffic offense. A recent news article highlighted just a few of the countless DWI arrests that occurred throughout New Jersey this past New Years.

Based on preliminary police reports, there were at least 10 drunken driving arrests on the roadways in Bergen and Passaic counties as the clock struck midnight and people from all over rang in 2010. And while it appears that DWI-related fatal accidents were down this year, there were numerous drunk driving arrests throughout the evening and early morning hours of January 1.

December 26, 2009

New Jersey Drinking and Driving Defense Update: Underage DWI and its Consequences

by Jonathan F. Marshall

In New Jersey the law covering underage drinking and driving leaves little to the imagination. An individual must be 21 years of age or older to buy, be in possession or consume any type of alcohol-containing drink or beverage. In short: underage drinking is unequivocally defined as illegal. Because the state has such a strong stance against underage drinking, the legal consequences for this activity are severe under New Jersey law, especially when it comes to operating a motor vehicle while under the influence of alcohol.

Whether or not a youth is stopped for DWI, simply being convicted of drinking as a minor could affect that child’s future driving privileges. As a New Jersey drunk driving defense lawyer, I know the negative impact that DWI and underage DWI can have on an individual now and in the future. For kids, this is not an area of the law they would want to experience. As a parent, it would behoove you to talk to your child about the consequences of underage drinking and underage DWI.

In this state, if a person under 21 years old is arrested for purchasing or consuming an alcoholic drink in an establishment licensed to sell alcohol, he or she could be fined $500, as well as lose their driver’s license for up to six months. Parents take note here, because even if your child does not yet have a driver’s license that potential suspension will start when the youngster is first eligible to receive his or her license. Furthermore, a young person who violates underage drinking laws may also be required by the court to attend an alcohol treatment or education program.

December 17, 2009

New Jersey DWI and Drug DUI Police Blotter: North Arlington and East Rutherford, NJ

by Jonathan F. Marshall

Because of my background as a New Jersey drunk driving defense lawyer and former DWI prosecutor for numerous local municipalities, I and my firm have the experience to help those drivers accused of driving while intoxicated in the Garden State. Hundreds of drunk driving arrests happen each month. Bergen County, like all parts of New Jersey, gets its fair share of drunken driving traffic offenses every single week.

My stance is that any individual who is charged with DWI, prescription drug or illicit drug DUI, or breath test refusal should retain a qualified drunk driving attorney to see their case through our complicated judicial system. The following police reports are just a small sampling of the typical DWI and marijuana and drug DUI cases that our courts see every year.

North Arlington
A 41-year-old man from Kearny, NJ, was arrested on a recent Sunday evening for driving under the influence, as well as careless driving. The arrest came after a vehicle crash near Union and Schuyler avenues. Based on a 911 call from a local resident living on Union Avenue, police responded to the scene of a red Kia Sportage SUV, which had apparently struck a telephone pole. Officers found the driver at the scene with his vehicle, which police report had front-end damage. According to police, the driver failed the field sobriety test, after which his vehicle was impounded. The man was released on summonses to a responsible party.

A local woman was arrested in the early morning of Sunday November 29 for driving while intoxicated. According to police reports, officers had driven the 27-year-old home due to her intoxication earlier in the evening, but later discovered her driving along Belleville Turnpike at Argyle Place. Officers pulled the woman over and requested she perform a field sobriety test, which she failed. Her white Honda was impounded and she was released on DWI summonses to a responsible party.

A 32-year-old Union City man was arrested Friday, December 4, in the early morning hours for DWI and careless driving. The arrest occurred following a motor vehicle stop on Ridge Road just off the Belleville Turnpike. Police reported that the man failed a field sobriety test. His car was impounded and it was found that he had a $50 traffic warrant out of Montclair. He was released on summonses to a responsible party after posting bail.
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December 8, 2009

NJ DWI News: Drunk Driving Patrols Increased Across New Jersey through New Years

by Jonathan F. Marshall

The coming holiday season is well known for its parties and family gatherings, and despite the poor economy drunk driving arrests are sure to surge during the next few weeks. In response, New Jersey DWI enforcement units are taking to the streets in an effort to reduce the instance of driving while intoxicated. As leading drunk driving defense lawyers, my firm has experience in a wide range of DWI and drug DUI defense. Recent news of the “Over the Limit, Under Arrest” campaign is evidence that drunk driving patrols will be working overtime in the Garden State.

According to news reports, law enforcement agencies across the state are already conducting saturation patrols and operating sobriety checkpoints, also known as sobriety roadblocks, as part of the nationwide drunk driving campaign. Enforcement will continue, say police, through January 3, 2010.

New Jersey’s Division of Highway Traffic Safety is funding the local initiative, which began in 1999. According to reports, the division provides $5,000 grants to law enforcement agencies to cover overtime for those officers assigned to DWI patrols or checkpoints.

December 3, 2009

New Jersey DWI Defense News: Recent Police Crackdown Nets Dozens of Drunk Driving Arrests

by Jonathan F. Marshall

Results from a two-week drunk driving sting operation show that more than 1,500 individuals were arrested for driving under the influence of alcohol between August 21 and September 7. The “Over the Limit, Under Arrest” campaign was designed to snare DWI suspects in the weeks leading up to this past Labor Day holiday. As a New Jersey DWI defense lawyer, I and my colleagues represent many of the dozens of motorists accused every week of driving while intoxicated.

The latest report on that pre-Labor Day campaign shows that New Jersey law enforcement agencies all around the Garden State stopped and arrested 1,582 drunk-driving suspects, including 137 in Bergen County and 95 in Passaic County. According to news reports, Bergen County police officers also issued 1,973 summonses for speeding, while Passaic County issued 374 summonses for seat belt violations.

In East Rutherford, however, only two drunk driving arrests were made during the campaign, according to the New Jersey Division of Highway Traffic Safety, although the municipality did issue 74 summonses for speeding.