Breath Test Results

September 6, 2009

Atlantic County Teacher Loses Job Due to Drunk Driving Injury Accident, DWI Arrest

If you don’t think a drunk driving arrest can affect your livelihood or way of life, just take a look around. There are many people whose lives have been turned upside down due to a DWI or DUI conviction. As a New Jersey DWI defense attorney, the lawyers in my firm have a great deal of experience defending hard-working people all across the Garden State. Consider the case of a grade school teacher who lost her job as a result of an accident she allegedly caused while driving under the influence of alcohol.

According to news reports, Alicia M. Pickul, a resident of Hammonton, NJ, was arrested by police in mid-July following an accident in Dennis Township. Police reports indicate that the 27-year-old elementary school teacher was driving her Honda Accord westbound on Sea Isle Boulevard when she allegedly hit an Isuzu Rodeo from behind. The Isuzu, driven by Alexa Zauck, was traveling in the same direction as Pickul’s Honda.

Following the impact, the Rodeo crossed into the eastbound lane, overturned and rolled into an adjacent wooded area. Zauck and her passenger, Tracey Ruffino, were both trapped inside their vehicle until emergency crews from the Ocean View and Dennis Fire Departments arrived at the scene.

August 15, 2009

Plainfield Man Arrested for Drunk Driving in Middlesex County, Charged with Child Endangerment

by Jonathan F. Marshall

If there is one thing I remind people arrested for DWI and other drunk driving violations, don’t make things worse by pulling another person in on your mistake. Of course, an adult is fully capable of deciding if he wants to ride with someone who is obviously intoxicated, but a child, well that’s a different story. As a New Jersey drunk driving lawyer, I and my staff of experienced DWI attorneys have represented clients charged with a wide range of offenses in addition to driving under the influence of alcohol, or prescription or illegal drug DUI.

A recent news article is an example of the trouble that a driver can get into when not considering the safety of his or her passengers. Apparently a 22-year-old Plainfield man was arrested for driving while intoxicated after crashing his vehicle in the driveway of a Dunellen home late in the evening of August 3.

According to police, Stanley Brown of 127 Prospect Avenue was arrested by borough police after he allegedly crashed a 1994 Nissan Maxima along the driveway as he was trying to leave the locale around 11 p.m. Officers were called to the scene by concerned neighbors, who told officers that the man had fled the vehicle and was in the backyard of the house.

According to reports, the police found a five-year-old boy sitting on the back seat of the car, but not in a child-restraint seat. The child was identified as the son of Brown’s girlfriend. Officers then searched and found the man in the backyard, where they also detected the odor of alcohol on his breath.

After having the man take a series of field sobriety tests, which he allegedly failed, police administered a breathalyzer test and found the man’s blood alcohol content (BAC) to be 0.19 percent — double the legal limit in New Jersey. Brown was then arrested and transported to the Middlesex County Adult Correction Center in North Brunswick.

Police said that child’s condition was evaluated by the Dunellen First Aid Squad and was determined to be unhurt. The boy was returned to the custody of his mother, and Brown was also charged with child endangerment.
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August 14, 2009

Drunk Driving Arrest News: New Jersey Police Blotter

by Jonathan F. Marshall

South Orange — An Essex County, New Jersey, resident was stopped by police around 1:30 a.m. on August 7 when and officer saw a car apparently speeding on Sloan Street, after which it poorly negotiated a left turn onto South Orange Avenue. After making the traffic stop, other officers arrived at the scene where they detected the scent of alcohol on the driver’s breath indicating that the man was probably drunk. A passenger in the front seat also appeared to be intoxicated. Police administered a field sobriety test to the 43-year-old Maplewood resident, which he failed. The man became upset following the test. Police arrested him for DWI, took him into custody and impounded his vehicle.

South Orange — On August 8, in the early morning hours, a patrolman noticed a vehicle parked in front of 67 South Orange Avenue with the motor running, headlights burning and right-front tire completely flat. On closer inspection, the officer could see that the 28-year-old Greenbrook, NJ, resident appeared to be sleeping. The officer attempted to awaken the man, who became somewhat responsive after several minutes. Interviewing the conscious driver, the police officer could detect the odor of alcohol on the man’s breath. Other officers were called to the scene and the man was removed from the vehicle and given several field sobriety tests, all of which he failed. Police arrested the man and transported him to headquarters where a test for blood alcohol content (BAC) showed a reading of 0.13 percent.

Madison — A 49-year-old Irvington resident was stopped for careless driving by local police officers late in the evening of July 31. During the traffic stop, officers noticed that she was inebriated, after which she was charged with drunk driving and later released to a family member.

August 12, 2009

New Jersey DWI News: Poll Shows Majority Approves of In-car Breathalyzer for Convicted Drunk Drivers

by Jonathan F. Marshall

Having represented hundreds of NJ residents arrested for driving under the influence of alcohol or drugs, I know what drivers accused of DWI are up against. As an experienced New Jersey drunk driving defense lawyer and former municipal prosecutor, I also have the background to understand how to successfully defend many driving while intoxicated cases. What I can’t change is the public’s opinion of convicted drunk driving offenders.

That became quite evident the other day when I noticed the results of a survey recently conducted by the American Automobile Association’s Mid-Atlantic region. More than 60 percent of the respondents to the AAA Mid-Atlantic Web poll voted in favor of installing a mandatory breathalyzer ignition interlock on the vehicle of any convicted DWI offender.

This type of interlock device requires the driver to blow into a device not unlike the Alcotest breath testing machine used by the New Jersey State Police as well as other law enforcement agencies across the Garden State. If the device detects that the driver’s blood-alcohol content (BAC) is above 0.05 percent the vehicle cannot be started.

August 6, 2009

Union County, NJ, Man Charged with DWI after Minor Parking Lot Fender-bender

by Jonathan F. Marshall

Sometimes embarrassment seems to be the biggest part of receiving a drunk driving summons. As a New Jersey DWI defense attorney, many of the individuals I represent feel humiliated after being arrested for driving while intoxicated, but I always remind them that a drunken driving conviction itself is no laughing matter.

Being branded with a first-time conviction for driving under the influence of alcohol not only hits your wallet but also your lifestyle. In the worst case scenario, it can also jeopardize your social standing and even cost you your job. Believe me, get over the embarrassment of a drunk driving summons and contact a qualified DWI defense lawyer, fast.

It doesn’t take much to merit an arrest for DWI. Recently, a Cranford man was arrested by police on drunk driving charges at a Garwood convenience store. According to reports, this individual drove his car haphazardly through the store’s parking area and struck one of the vehicles parked there. Not an Earth-shattering event, but enough to get the attention of one of the store’s employees.

That store cleck called the Garwood Police Department, which dispatched a squad car to assess the situation. Shortly after 8am, an officer arrived and found a damaged vehicle in the parking lot, after which the officer determined that William Parisio, 21, was the driver of the 1999 Subaru Forester that hit the parked vehicle. According to reports, the man was taken into custody and transported to the Garwood Police station where he was given a breathalyzer test, which he failed. He was charged with drunk driving and released pending a later court date.
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August 4, 2009

Police Say New Jersey Man was Drunk when He Hit Seven Pedestrians in Big Apple

by Jonathan F. Marshall

As a New Jersey DWI defense lawyer, my firm has defended many people accused of being drunk at the time of an accident. When injuries or fatalities are involved, the local police take a dim view of anyone with the mere appearance of intoxication, much less full blown drunkenness. A recent news story about a Hudson County resident illustrates how serious a drunk driving charge can be when coupled with injured victims. To make things worse for this New Jersey man, he was out of state when the incident occurred.

According to news stories, 43-year-old Ediberto Viana of North Bergen Township, NJ, lost control of his sport utility vehicle in Manhattan and drove onto the sidewalk bordering Bergenline Avenue and 57th Street on July 19. The vehicle hit a total of seven pedestrians, one of which was pinned under the vehicle until emergency crews could remove the injured from the scene.

Those hurt in the accident ranged in age from 13 to 65 years old. The most seriously injured person, a 44-year-old man, was taken to Jersey City Medical Center with compound fractures of the leg, officials said. The other victims reportedly included two sisters (13 and 15 years old), a 16-year-old girl, a 63-year-old man and a 65-year-old man and another victim of unknown age.

Police arriving at the scene determined that Viana was intoxicated at the time. According to reports, the man’s blood alcohol content (BAC) was measured at 0.22 percent, nearly three times the legal limit (0.08) in New Jersey and other states. Because of this, Viana was charged with DWI, as well as seven counts of assault by auto. Because of the extent of the injuries caused by Viana, the court set bail at $150,000, cash only, at the request fo the prosecutor’s office. Charges could be upgraded depending on how the critically-injured victim fares in the hospital.
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June 22, 2009

Ocean County DWI Arrest? Why You Need a New Jersey Drunk Driving Defense Attorney

by Jonathan F. Marshall

Have you been arrested for DWI in Barnegat, Lacey or Manchester Township? Perhaps you’ve been stopped for driving under the influence of alcohol in one of the smaller communities, such as Island Heights, Seaside Park or Bayhead. The summer months bring out the fun-loving spirit in all of us, but sometimes individuals get a little too loose.

Whether you have recently been ticketed for DWI or received a summons for being under the influence while sitting in your parked car. Were you intoxicated? Maybe. Was that drunk driving charge truly deserved? Maybe, and maybe not. Like many aspects of the law, not every DWI case is completely black and white.

As New Jersey DWI defense attorneys, many of our clients believe they have been unfairly accused. Although some may have actually broken the law, they also understand the consequences of a drunk driving conviction and they want to improve their chances in court. But the people I worry most about are the ones that don’t seek our firm’s advice and counsel. Those are the people that believe they “earned” that summons. Or maybe they believe, incorrectly, that there is no way to fight the charges. But this is the wrong way to look at it.

June 11, 2009

New Jersey Drunk Driving Legislation Calls for Mandatory Ignition Interlocks for DWI Offenders

by Jonathan F. Marshall

Future convictions for driving under the influence of alcohol could result in the offender’s vehicle being fitted with a type of breathalyzer-ignition interlock device if drunk driving legislation in Trenton continues to move foward. The specter of ignition interlocks for nearly all DWI offenses has been raised this time with the help of three New Jersey assemblymen, Gordon Johnson, Nelson Albano and Patrick Diegnan.

Under the proposed legislation (A-3073), any person convicted of a second, third or subsequent DWI offense would be required to have an ignition interlock device installed on all vehicles they either lease or own, or any vehicle that the person would operate for work, or other purposes, during their driver’s license suspension period.

Even first offenders would be affected. If a person convicted of a first-time DWI had a blood alcohol content (BAC) of 0.15 percent or higher, the law would require the offender to have the device installed on his or her vehicle. In addition, the current legislation calls for the device to remain installed for six to 12 months following restoration of the individual’s driver’s license. The courts would retain discretion as provided under current law to require installation of the device for all other first offenders.

June 8, 2009

DWI Convictions Haunt Two New Jersey Judges Disciplined by State Supreme Court

by Jonathan F. Marshall

Two New Jersey municipal judges arrested for drunk driving were recently disciplined by the state supreme court. One of the judges, Peter Tourison, received a more serious sanction because his DWI offense included property damage from a collision, as well as an effort to interfere with the results of the Alcotest breath testing machine.

On Tuesday, June 2, the New Jersey Supreme Court censured Judge Tourison, who presides over the municipal courts in Stone Harbor, Cape May and Middle Township, for the arrest precipitated by his public intoxication. The court also reprimanded Judge Robert Jones, of Livingston. Under a new policy adopted by the Court, judges convicted of driving under the influence of alcohol are disqualified for one year from presiding over DWI cases.

Tourison, arrested in early 2008, was stopped by police after he allegedly drove his BMW against the flow of traffic on Bayshore Road in Lower Township. He reportedly forced another driver to swerve his car onto the shoulder and then ended up in a Wawa parking lot where he ran into a parked Ford Explorer. The arresting officer stated that he detected the odor of alcohol on Tourison, who claimed he had consumed only two drinks, but then failed most of the field sobriety tests.

June 5, 2009

Homicide Charges Dropped in New Jersey DWI Fatality Case

by Jonathan F. Marshall

Family members of a pedestrian killed last summer in Belmar by a drunk driver have expressed their anger over the recent reduction in charges against the defendant in the case. Despite having struck and killed 22-year-old Christopher Nowak while driving drunk on New Jersey’s Route 35, Mark Rich of Neptune City, NJ, now faces only a driving while intoxicated charge that carries with it a $500 fine, a 30-day maximum jail sentence, and a one-year license suspension.

Last December, a grand jury turned down an indictment of vehicular homicide against Rich, 53, that would have called for a maximum of 10 years in prison. Upon the grand jury’s rejection of the indictment, the case was handed back to municipal court, where Rich pleaded guilty this past Wednesday to DWI. According to reports, the Belmar prosecutor in the case requested that the judge also dismiss the other charge of careless driving. This has enraged the victim’s family.

Any loss of life through an automobile accident is a tragic event, but the facts of this case make for a difficult defense, as well as prosecution. Being a New Jersey DWI Defense Attorney and former municipal prosecutor myself, I have been involved in cases that seemed clear cut on their face, but which had many grey areas.