Breath Test Results

January 6, 2010

New Jersey DWI Police Blotter: Passaic County Drunk Driving Arrests and Summonses

Northern New Jersey gets its share of drunk driving arrests. Depending on the situation, drivers can be stopped for reckless driving or failure to maintain their lane, after which the officer may decide that the driver is intoxicated. When a patrolman suspects that a motorist is driving under the influence of alcohol, prescription drugs or even marijuana or other illegal substances, he may request the driver to take one or more field sobriety tests.

New Jersey DWI defense lawyer, as well as a former municipal prosecutor, I have a vast amount of experience in defending individuals who have been arrested and charged with drunken driving. While circumstances vary, many DWI arrest scenarios are quite similar. The following is a short list of recent drunk driving arrests from Clifton, NJ.

A 22-year-old Maplewood resident was arrested and charged with driving while intoxicated (DWI) in the early morning hours of December 29. According to reports, Officer Daniel Ishak approached a vehicle stopped on Clifton and Van Houten avenues around 2am and found the driver allegedly unconscious behind the wheel of this vehicle with the engine running. The officer opened the door and detected signs of intoxication, according to reports. The officer woke the man and gave him several roadside field sobriety tests, which he apparently was not able to complete. The officer arrested the driver. He was charged with DWI after recording a blood-alcohol content (BAC) of 0.16 percent on a breathalyzer.

December 15, 2009

New Jersey DWI News: Motorist Picked Up for Drunk Driving Twice in One Evening

by Jonathan F. Marshall

Trying to make the best of a situation is one thing, but being stopped for driving under the influence of alcohol twice in the same day is not my idea of good planning. Like most DWI arrests, the story of a recent motorist’s unfortunate experience in Vineland, NJ, points up the most important fact — trying to handle things yourself can get you in big trouble especially if you try to pull one over on the police. As a New Jersey drunk driving defense attorney, my firm is dedicated to helping those drivers who find themselves on the wrong side of the law.

In this recent case, Sasha R. Kissoondath was reportedly observed by police speeding in his pickup truck along South Delsea Drive near Elm Road. Officer Nicholaos Dounoulis reported that he saw Kissoondath’s just before 2:30am and tried to catch up to the man’s vehicle. The officer finally closed on Kissoondath as he pulled up to his residence on LaValle Avenue.

According to reports, the 35-year-old then got out of his vehicle and walked inside his house, although the officer noted that his walking appeared unsteady as he ignored the officer’s orders to stop. Dounoulis knocked on the door of the residence several times, but Kissoondath reportedly refused to come out.

November 22, 2009

DWI News: Drunk Driving and Drug DUI Arrests in Bridgeton, New Jersey

by Jonathan F. Marshall

A 40-year-old man from Shiloh Borough was arrested by police on a Sunday evening along Cottage Avenue at Giles Street on the charge of driving while intoxicated. According to news reports, Michael A. Barbera was stopped by police after he allegedly nearly hit a police patrol car in the Bridgeton Villas parking lot. Apparently the driver was backing up and didn’t notice the police car directly behind him.

As a New Jersey DWI defense lawyer, I know that this kind of incident happens all of the time. It doesn’t always result in an arrest for driving under the influence of alcohol, but the potential is there. In this case, it would seem that the officers had sufficient suspicion that the driver was drunk to pull him over.

In such as case, the motorist would be asked to perform a variety of field sobriety tests (as defined by the National Highway Traffic Safety Administration, the NHTSA). If the individual fails these tests then the officer will usually ask the person to submit to a breath test to determine the driver’s blood-alcohol content (BAC). Anything over 0.08 percent and by law that person is legally drunk and can be charged with DWI.

November 15, 2009

New Jersey Police Blotter: Multiple Drunk Driving Arrests in Morris County

by Jonathan F. Marshall

Numerous drunk driving arrests occur every month throughout New Jersey. Morris County, among others, sees its share of intoxicated driving traffic offenses on a weekly basis. As a New Jersey DWI defense lawyer and former municipal prosecutor, I have a wealth of experience in the area of drunk driving defense. The following is just a sample of the typical driving under the influence of alcohol and drug DUI cases that move through our court system every year.

Boonton

A 32-year-old local resident was charged with driving while intoxicated, reckless driving and refusal to submit to breath tests in the early morning hours of September 15. The woman was released, pending a municipal court appearance. Several hours later a 28-year-old man from Phillipsburg was arrested and charged with DWI as well as reckless driving.

November 11, 2009

Drunk Driving Update: Defining Impairment for New Jersey Motorists

by Jonathan F. Marshall

In the state of New Jersey, the determination of whether a motorist is driving while impaired driving, at least as it pertains to alcohol use, involves a measurement of the suspect’s blood alcohol content (BAC). As a New Jersey drunk driving defense attorney, and former municipal prosecutor, I have handled all manner of drunken driving cases throughout my career. The establishment of a defendant’s BAC plays is a major role in any drunken driving case.

Strictly speaking, the law states that if an individual who is the operator of a car, truck, SUV or other motor vehicle is found to have a BAC of 0.08 percent or more, that person is guilty of drunk driving, also known as driving under the influence of alcohol, or more commonly, driving while intoxicated (DWI).

The term BAC refers to the amount of alcohol in a driver’s bloodstream. An important point to remember is that although the law makes reference to 0.08 percent BAC as the legal limit, one can still be convicted of drunk driving even if his or her BAC is below 0.08 percent.

November 1, 2009

Montville, NJ, Woman Convicted of DWI Vehicular Assault against Police Officer

by Jonathan F. Marshall

A Montville, New Jersey, woman was recently sentenced to 48 months in jail after being convicted for her third drunk driving arrest as well as vehicular assault charges after hitting a police officer and two other vehicles in 2008. Having defended many New Jersey motorists accused of driving under the influence of alcohol, I can only say that this type of case needed serious DWI defense work.

According to news reports, Andora Needleman, 47, pled guilty back in August to a couple counts of vehicular assault, as well as driving while intoxicated, plus leaving the scene of an accident. One assault charge was for hitting Officer Kevin Milley, while the second was for hitting a car with a five-year-old child on board.

Superior Court Judge Salem Vincent Ahto revoked Needleman’s driver’s license for 10 years, which begins when she is released from prison. She is expected to apply for early release from prison under the state’s Intensive Supervision Program, which is a stringent form of parole.

October 17, 2009

New Jersey Smokers may be “Falsely Accused” of DWI by Police Breathalyzer Machines

by Jonathan F. Marshall

New Jersey motorists charged with drunk driving may be surprised to learn that blood alcohol content (BAC) measuring devices such as the Alcotest machine can return falsely elevated BAC readings that don’t reflect an individual’s actual state of sobriety. As a New Jersey DWI defense attorney, I find that a percentage of people charged with driving under the influence of alcohol were not actually legally drunk due to faulty breathalyzer results.

Body weight, time since you last drink and other factors can greatly affect the results of the Alcotest device, a breathalyzer machine commonly used by New Jersey law enforcement agencies. One unexpected cause of false readings can be smoking tobacco.

There is some research that points to smokers as having a greater chance of being accused of DWI due to high BAC readings from a breath test. Actually, breathalyzers like the Alcotest machine don’t really measure alcohol. Their design is such that they detect any compound containing the molecular structure of compounds in the methyl group — which these devices take to be alcohol. This is extremely important for motorists who smoke, because these machines cannot distinguish the difference between alcohol and acetaldehyde.

October 12, 2009

NJ DWI News: Can We Trust Breath Test-Ignition Interlock Devices to Measure Drivers’ BAC Accurately?

by Jonathan F. Marshall

Based on a recent poll found on AAA Mid-Atlantic’s website, 61 percent of respondents said individuals with first-time drunk driving convictions should be required to have a breathalyzer-ignition interlock device installed on their vehicle. A larger 85 percent felt that an ignition interlock should be mandatory only for subsequent offenses. As a New Jersey DWI defense attorney, I have represented clients charged with driving under the influence of alcohol, many of whom were unjustly accused due to inaccuracies inherent with breath testing machines.

The point here is that vehicle-installed breath testing devices are not necessarily more accurate, or even as accurate as the units used by law enforcement. Yet judges are requiring many people convicted of drunk driving to have these interlock devices installed. The problem I see going forward is how accurate can the in-car units be when the validity of the more expensive and complicated Alcotest and other breath-testing machines have recently been called into question?

From the results of the AAA poll, it would appear that popular opinion is tilted against those accused of driving while intoxicated, and there is no doubt that New Jersey drivers charged with a DWI offense face rather stiff penalties. But to be judged fit to drive by a possibly less accurate machine may be a burden itself.

September 25, 2009

Middlesex County Man Gets 8 Years in Prison for DWI Traffic Death of Perth Amboy Cop

by Jonathan F. Marshall

A Woodbridge, NJ, man was sentenced to eight years in prison recently for a fatal drunk driving accident that killed a Perth Amboy patrolman. Sean McGuirk, 25, received his sentence in a New Brunswick courtroom on September 17 for the August 2008 crash that killed 31-year-old Thomas Raji and injured two other people. Although there are many kinds of drunk driving charges, as a New Jersey DWI defense lawyer I will say that the most serious cases involve injury accidents and fatal wrecks.

McGuirk’s sentence also shows what can happen when a motorist drives drunk and kills a law enforcement officer. This case was tragic and can only serve as a reminder that drinking heavily and operating a motor vehicle are not compatible.

On August 21, 2008, McGuirk was admittedly drunk when he left the Big Shots Bar in Woodbidge and got into his car. According to court records, he had been drinking for four hours starting around 11pm. He said he had “five or six drinks” before leaving for home at about 3:30am. He had testified that he also had alcohol in his car.

September 13, 2009

New Jersey Drunk Driving News: Hillsborough Township DWI Police Blotter

by Jonathan F. Marshall

It’s not unusual for New Jersey drivers to be stopped for drunk driving if they exhibit signs of intoxicated driving. Some of these signs include failure to stay in one’s lane, excessive speed, driving markedly below the posted speed limit, careless driving, erratic vehicle operation, etc. Of course, many of these can also be attributed to other situations not involving drinking and driving. For this reason alone, as a New Jersey drunk driving and drug DUI defense attorney, I can say that not every traffic stop results in a DWI summons.

There are cases where the police will stop a driver based on observations of the person’s vehicle, then submit the individual to a field sobriety test if the officer believes that driver is intoxicated. Everyone deserves the opportunity to have their day in court. Retaining an experienced DWI attorney is the first step toward contesting a drunk driving summons or breath test refusal. The following are several examples of recent DWI and drug DUI arrests in the local area.

A 46-year-old man from Matawan was pulled over for straddling the dashed white line and driving in both eastbound lanes on Amwell Road in the early morning hours of August 16. Police reportedly charged the man with driving while intoxicated and failure to maintain the lane. After being taken into custody, the man failed several field sobriety tests. Officers took him to police headquarters where he was found to have a blood alcohol level of 0.20 percent — nearly three times the legal limit in New Jersey.

Following a call by a local resident who reported being woken up by a crash in front of his house, police responded to an alleged hit-and-run accident in Deer Path. According to reports, the caller told police that he heard the sound of a vehicle driving across the yard. The car belonging to a 20-year-old Deer Path man reportedly had jumped the curb and struck a tree in a neighbor’s yard, before traveling across the driveway and grass. The driver was later found in his vehicle parked in his garage, along with evidence that the car had recently been in an accident. Police took the man into custody after he failed several field sobriety tests. At police headquarters, he was found to have a blood alcohol level of 0.11 percent. He was charged with DWI, failure to keep right, reckless driving, leaving the scene of an accident, failure to report an accident and underage consumption of alcohol.
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