Breath Test Results

December 9, 2010

New Jersey Legal Defense News: Passaic County Driver Charged with Prescription Drug DUI

Alcohol consumption prior to driving is one of the more common causes of DUI arrests in New Jersey, however with doctor-prescribed medications on the rise more and more drivers are being stopped and charged by law enforcement for driving under the influence of drugs (also known as drug DWI).

As Middlesex, Ocean, and Monmouth County drunken driving defense attorneys, I and my legal staff understand the seriousness of these kinds of traffic offenses. Whether driving under the influence of beer, wine or hard liquor, or caught for operating a motor vehicle while impaired by prescription or over-the-counter medication, the New Jersey legal system takes a dim view of all these offenses.

Not long ago, a driver currently a Wayne, NJ, resident was arrested by police following a crash that occurred in Passaic County. According to news reports, a witness observed a car being driven erratically around the Willowbrook Mall parking lot. Police reports show that 37-year-old Mara Smith was behind the wheel of a Lexus SUV when it allegedly struck a parked Porsche Boxster owned by a Totowa resident.

December 3, 2010

NJ Supreme Court to Review Appeal Involving Ocean County DWI Case Involving Over-serving of Alcohol

by Jonathan F. Marshall

The desire to place blame is quite common especially when a traffic accident results in injury or death. The question in some drunken driving cases involves determining who was ultimately responsible for the accident. Was it the driver who allegedly consumed too much alcohol or was it the bar, pub or restaurant that served that individual and then allowed him or her to walk out the door.

As some may know, there is a 1997 amendment to New Jersey’s auto insurance statutes that essentially denies drivers who have been found guilty of drunken driving to recover damages for injuries they suffered as a result of a DWI-related car crash. What is at issue here is that there is an older law that some say is in direct conflict with the ’97 law.

In 1987, a New Jersey statute was put on the books that effectively says business establishments that serve alcohol to customers are responsible if they are found to have negligently over-served liquor to a customer. Because these two laws are apparently at odds with each other, New Jersey’s high court will likely decide which law takes precedence over the other.

November 3, 2010

Garden State Police Charge Two Drivers with DWI in Separate Traffic Accidents

by Jonathan F. Marshall

Morris County DWI Crash

Police responding to a Monday night car accident between two vehicles ended up arresting a Pompton Plains resident for driving while intoxicated. The collision occurred along a section of the Newark Pompton Turnpike near Route 23. As a New Jersey drunken driving defense attorney, I’ll tell you right now that getting into a traffic accident and then being arrested for driving under the influence of alcohol or prescription medication will not bring you any sympathy in a courtroom.

According to news reports, 20-year-old Matthew Ricucci hit another vehicle from behind just before 11pm in the evening. The other car, a black Honda, was being driven by 34-year-old Patria Espinet of Paterson, NJ. At the scene of the crash, Espinet told emergency responders that his neck hurt, after which he was transported to Chilton Memorial Hospital by personnel from the Pompton Lakes-Riverdale EMS.

October 31, 2010

NJ Drunk Driving News: Sobriety Testing May Become Mandatory in Cases of Serious, Fatal Auto Accidents

by Jonathan F. Marshall

Any one who has ever been arrested for DWI or charged with drunk driving here in New Jersey would likely agree that law enforcement and the judicial system have a very low tolerance for DWI offenders. With intensive drunken driving campaigns, roadside sobriety checkpoints and enhanced DWI and DUI patrols on public roads, the pressure is on to reduce instances of driving while intoxicated.

As a New Jersey drunk driving defense attorney with a staff of professional attorneys, I was not too surprised to read that the state legislature has been pushing for mandatory sobriety testing following any fatal traffic accident here in the Garden State.

According to news reports, a bill sponsored by Democratic Assemblymen Nelson Albano (Cape May Court House) and Paul Moriarty (Turnersville) would make it mandatory for a driver to either submit to a breathalyzer test (such as the Alcotest device) or to give up an actual sample his or her blood to allow authorities to determine whether alcohol or drugs were present in that individual’s bloodstream and therefore may have been contributing factor in the crash.

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 26, 2010

NJ DWI Defense Update: Legally Defining the Term “Impaired Driving” for New Jersey Motorists

by Jonathan F. Marshall

In Bergen, Monmouth, Ocean, Union and all counties throughout the Garden State, understanding what is or is not impaired driving is key to a good drunken driving defense. As a New Jersey DWI lawyer, my firm works to assist motorists who have been accused of driving under the influence of alcohol, prescription medication (drug DUI), controlled dangerous substances (CDS) or illicit drugs.

Making a determination of whether or not a New Jersey driver is operating his or her vehicle while impaired — at least as the term applies to alcohol consumption, typically requires taking a measurement of the suspect’s blood. What is measured is something called Blood-alcohol content or BAC for short. As a New Jersey drunken driving defense attorneys, I and my colleagues represent a wide variety of individuals charged with DWI and drug DUI. Establishing a driver’s BAC is an important part of the state’s evidence against that person when and if the case goes to trial.

Specifically, New Jersey law stipulates that if the operator of a motor vehicle, such as a passenger car, light truck, minivan or commercial delivery vehicle, is determined to have a BAC level of 0.08 percent or more, then that individual is guilty of driving while intoxicated (DWI), which is also known variously as drunken driving, driving under the influence (DUI), or impaired driving.

October 25, 2010

Essex County, NJ, Receives Grant Money to Increase Drunk Driving Patrols and DWI Arrests

by Jonathan F. Marshall

Like many New Jersey counties, Essex is the recipient of federal funds to cover the cost of traffic enforcement, including increased drunken driving patrols, sobriety checkpoints and other DWI-related policing efforts. As a New Jersey drunk driving defense attorney, I know that not every DWI or prescription drug DUI arrest results in a conviction.

As Essex County DWI lawyers, I and my colleagues understand the law and have years of experience in areas such as field sobriety testing, Alcotest and blood-alcohol testing equipment, as well as municipal and state court procedures. As a former municipal prosecutor myself, I know the kinds of techniques and strategies employed by the state to gain a conviction for driving under the influence of alcohol and prescription medications.

Police can arrest a motorist for being legally drunk on beer and wine, but arrests and summonses are also processed for drivers who are suspected of being impaired due to marijuana, cocaine and other controlled dangerous substances (CDS).

October 3, 2010

New Jersey Drunk Driving News: Little Falls, NJ, Police Reports Multiple DWI Arrests in Passaic County

by Jonathan F. Marshall

Local municipalities throughout the Garden State make numerous traffic stops and subsequent arrests for driving under the influence of alcohol. As DUI defense attorneys understand the ins and outs of this state’s legal system.

Whether it is a case of drunk driving where the motorist has been arrested at one of many sobriety roadblocks, or if an individual is caught in possession of marijuana in a motor vehicle or otherwise operating a car under the influence of a controlled dangerous substance (CDS), the situation may be similar to numerous other arrests in the news every week.

Serving motorists in Monmouth, Bergen and other counties throughout the state, our suggestion is to always consult with a drunken driving defense lawyer to better understand your particular situation. The following list of recent DWI/DUI arrests by Little Falls, NJ, police is just an illustration of the kinds of drunk driving offenses that happen every day across the county.

Marijuana Possession in a Vehicle
On a Thursday evening in September, a patrolman stopped a driver for having illegally tinted windows on his vehicle. Walking up to the driver’s side of the car, the officer detected what he suspected was the odor of burning cannabis, or marijuana, emanating from the vehicle. During a voluntary search of the 19-year-old suspect’s car, the policeman discovered several plastic bags filled with marijuana. The officer subsequently arrested the man, who was reportedly a resident of Paterson, NJ.

DWI
During an early morning traffic stop on a Friday, Little Falls police officers pulled a vehicle over for speeding along a section of eastbound Route 46. The patrolmen noticed that the driver was exhibiting signs of being drunk. The officers then requested that the 28-year-old female driver perform several field sobriety tests to determine if the woman was impaired by alcohol. After failing the tests, police arrested the driver. A subsequent blood-alcohol content (BAC) test was performed by the officer indicating that the driver had a BAC in excess of the 0.08 percent limit. She was then arrested for driving while intoxicated (DWI).
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September 10, 2010

NJ Drunk Driving Defense News: Bergen County DWI and Drug DUI and CDS Arrests

by Jonathan F. Marshall

As a New Jersey DWI defense attorney, my law offices have a vast amount of experience handling a wide variety of drunken driving, marijuana possession in a vehicle, and drug DUI cases throughout the Garden State. The following is just a sample of the typical police arrests in the Bergen County area that happen every month. These can include driving under the influence of alcohol or controlled dangerous substances (CDS), breath test refusal and possession of cannabis (or weed) in a motor vehicle.

East Rutherford

A 41-year-old man was stopped by police after being caught on radar doing 82mph in a 55mph speed zone. The incident occurred just after 10pm when ERPD officers saw a 2000 Hyundai traveling at a high rate of speed. Following the traffic stop, the driver apparently told officers that he had several drinks previous to taking the wheel. Police reportedly administered field sobriety tests, which the suspect failed, according to police reports. A breath test indicated that the man’s blood-alcohol content (BAC) was 0.17 percent — twice the legal limit. The driver was arrested and charged with drunk driving, careless driving and speeding. He was subsequently released to a responsible party.

September 8, 2010

Drunk Driving Defense Update: Never Assume a DWI or DUI Arrests Always Leads to Conviction

by Jonathan F. Marshall

When a motorist is pulled over in New Jersey for a routine traffic violation the opportunity does exist for a drunken driving arrest or summons. Depending on the circumstances — whether an individual is coming home from a night out with one’s spouse, following a party at a friend’s home or after a casual gathering at a local pub or drinking establishment — it is possible for police to judge that a driver is impaired due to some amount of alcohol consumption.

Whether you’re driving in Union County, Bergen County or Middlesex County, the opportunity for a DWI or prescription drug DUI is always there. But is being arrested or receiving a summons for driving while intoxicated really a “done deal.” Not always.

When I and my colleagues, all professional New Jersey drunk driving defense attorneys, approach a client’s case, we use our years of experience to decide whether or not to petition the court to dismiss the charges against a motorist, or at least reduce those drunk driving charges to better match the particular circumstances.

As a former municipal prosecutor, I understand the mindset and strategy of the state’s representatives. This is why I always suggest to people who face a drunken driving charge, consider carefully whether or not you want to face the court without representation. An experienced DWI lawyer can be a great benefit, especially for drivers facing penalties for a drunk driving arrest or DUI charge for the first time.

And never, ever assume that nothing can be done. This is not only defeatist on its own, but most drivers don’t know that they might be able to improve their chances until they speak with an attorney. A good lawyer will examine all the facts pertaining to a DWI traffic stop. Understanding the details, such as whether there exists proof of intoxication or if a blood or breath test was performed correctly or is even accurate, allows a DWI lawyer to form a viable defense for his or her client.
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