Death by Auto

June 21, 2014

Out-of-State Driver Pleads Guilty to Vehicular Homicide after Fatal Warren County DWI Crash

When it comes to out-of-state drivers who are arrested for DWI or drug DUI here in New Jersey, it is important to remember that New Jersey and almost every other state in the nation participates in what is known as the “Driver License Compact,” or DLC for short. Briefly, the DLC is an agreement between 45 individual states and the District of Columbia, which allows the non-resident state to report any traffic-related conviction to the administrative division of the offending driver’s home state. In short, if one’s home state has a statute or equivalent law for an offense committed here in New Jersey, it will be treated as if the violation took place in the state where the driver resides.

A related agreement, known as the “Non-resident Violator Compact,” is observed by 44 participating states, which in essence safeguards the rights and privileges of non-resident drivers when operating a motor vehicle outside of their home state. For example, when a Garden State motorist is driving in a participating state, this interstate agreement ensures that the driver will have the same rights as the resident drivers of that state if he or she is arrested for drunken driving, drug DUI or other related impaired driving offense.

Under the non-resident agreement, if a motorist is charged with a traffic offense or other serious moving violation, he or she has the protection of due process. This also means that a New Jersey driver must comply with the terms of the member state’s traffic citation as ordered by that non-resident state, and any failure to comply can result in license suspension here in the one’s own state.
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June 14, 2014

Debate Continues Over Potential Criminality of Trucking Accident that Injured Actor-Comedian Tracy Morgan

by Jonathan F. Marshall

While a charge of drinking and driving is one of the more serious traffic-related offenses for a Garden State motorist to receive, there are other types of “impaired” driving that can be just as serious when it comes to accidents resulting in injury or death. The New Jersey court system is no stranger to personal injury lawsuits arising from impaired driving; and for years now, law enforcement, state legislators and numerous traffic safety advocates have warned about the effects of cellphone use and distracted driving, not to mention drowsy driving.

The recent news coverage of the fatal multi-vehicle crash involving a limousine carrying well-known comedian and NBC “30 Rock” television star, Tracy Morgan, has ramped up debate regarding serious and fatal traffic collisions caused by motorists who are simply too tired to drive. As with intoxicated driving, drowsy driving can be deadly; however, the proof of whether a driver was too fatigued to properly operate his or her motor vehicle may be more difficult to come by than that involved in drunken driving cases.

Nevertheless, this latest high-profile news story has brought the issue of drowsy driving to the fore, with Walmart employee, Kevin Roper, in the spotlight and facing serious charges, including that of vehicular homicide and assault by auto following the death of comedian James McNair. The crash, as many people already know, took place last Saturday along a portion of the New Jersey Turnpike in Middlesex County. Mr. Roper, 35, has since entered a plea of not guilty across the board, though the case has much farther to go.
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June 11, 2014

NJ DWI News: Causing Injury to Others while Under the Influence is a Bad Combination

by Jonathan F. Marshall

As long-time Garden State drunken driving defense lawyers, my colleagues and I have seen just about everything over the nearly 100 years of our combined legal careers. In our capacity as litigators for New Jersey motorists, representing individuals accused of intoxicated driving or drug DUI has given us more than a little insight into the variety of alcohol-, prescription drug- and illegal substance-related traffic arrests. Quite simply, we understand the many and varied ways that drivers can be stopped and charged with driving under the influence.

For most motorists, at least those served with summonses or arrested for an alcohol- or drug-related offense, the usual scenario does not involve a serious traffic accident. In many instances, a driver will have been stopped after being observed making some kind of simple driving error or even a more overt moving violation, such as speeding, improper passing or running a red light.

It is only after one of these routine traffic stops that a police officer may question the driver regarding his activities prior to the stop. Although New Jersey law prohibits a patrolman from stopping a motorist purely on a “hunch” that the driver is inebriated, once stopped at the roadside, the line of questioning may lead to suspicion of drinking and driving, or even some kind of drug-related DUI.
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May 25, 2014

Rutherford Driver Indicted for Vehicular Manslaughter after Fatal 2013 DWI Pedestrian Accident in Bergen County

by Jonathan F. Marshall

While many people know that drunk driving is a risky activity, to say the least, fewer know the true consequences of being found guilty of a DWI or drug-related DUI that results in bodily injury or death. As New Jersey DWI lawyers, we understand how frightening it can be to face potential jail time for what seems to be a simple error in judgment. Regardless of whether a defendant in DWI and drug DUI cases believes he or she is innocent of wrongdoing, the fact is that municipal prosecutors all across the Garden State pursue aggressive legal action against those motorists accused of drunken driving when tied to injury-related automobile accidents.

Whether you or a loved one have been accused of intoxicated driving combined with vehicular assault or death by auto charges, the value of having a qualified drunk driving defense attorney on one’s side is immeasurable when compared to the possible negative aspects of a DWI conviction. It goes without saying that the monetary penalties are often the least of one’s problems when faced with mandatory jail time following a guilty verdict in a DWI or drug DUI case.

Taking an aggressive approach to defending our clients, the legal team at the law offices of Jonathan F. Marshall recognizes that not every drunken driving case is as clear cut as the local prosecutor may have the court believe. Our skilled defense lawyers have nearly 100 years of combined litigation experience, all of which can make a difference when fighting serious charges of driving while impaired by alcohol, doctor-prescribed meds, or illicit drugs (otherwise known as controlled dangerous substances or CDS).

From time to time, there are certain DWI-DUI cases that present considerable challenge from a legal standpoint, especially those involving significant property damage or bodily injury. The most serious of these would be drunken driving-related traffic accidents resulting in the death of one or more individuals. It goes without saying that the penalties for DWI in an injury-related or fatal accident case are much greater than other DUI-DWI cases that do not include personal injury or possible claims of wrongful death.
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April 29, 2014

Out-of-State Driver Charged with DWI following Fatal Traffic Accident in West Windsor, NJ

by Jonathan F. Marshall

Defending drivers accused DWI in here in the Garden State is a task best left to skilled legal professionals such as the experienced DWI and DUI defense lawyers here at the Law Offices of Jonathan F. Marshall. My trained legal team is well-versed in the legal statutes of the State of New Jersey, which include our state’s drunk driving laws. For anyone who wonders if the choice to drive drunk is ever a good one, consider the serious financial penalties and punitive measures that exist to deter people from operating a motor vehicle while intoxicated by alcohol or impaired by some kind of narcotic or illegal substance.

Not long ago, we ran across a news article that illustrated the extremely sad results of an alleged drunken driving episode. With the dozens of DWI and drug DUI summonses that are issued every week by police all across the state, a significant percentage of alcohol- and drug-related traffic offenses involve property damage and bodily injury; a subset of these DWI-related incidents sometimes result in a fatality. Whether a charge of impaired driving involves alcohol, doctor-prescribed medication, or an illegal substance (such as marijuana or cocaine), having an experienced professional by one’s side is often essential, especially in situations of death or serious injury.

According to news articles, a well-known area benefactor and avid cyclist was killed in a reportedly alcohol-related automobile accident along a stretch of Rte 1 back in March. The crash, which took place on a Thursday evening, was allegedly caused by a drunken trucker in a commercial vehicle. Based on police reports, 67-year-old Charles Inman died when his vehicle was struck from behind by a Mack truck driven by a 65-year-old Pennsylvania man.
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April 21, 2014

Newark Driver Avoids Vehicular Manslaughter Charge in NYC; Gets Probation in Connection with Deadly DWI

by Jonathan F. Marshall

According to news reports, a New Jersey driver avoided a vehicular manslaughter charge in connection with a fatal 2013 auto-pedestrian collision over in Brooklyn last summer. Based on a recent article, the Newark, NJ, area motorist was sentenced to probation, a six-month driver’s license suspension, plus a $500 fine after his guilty plea for being drunk behind the wheel when he struck and fatally injured a 27-year-old woman on July 5 last year.

As Garden State DWI and drug DUI defense attorneys, my firm is all too familiar with the often devastating results of drunken driving. Although we defend individuals accused of DWI-DUI, we do not condone drunk driving; and we certainly do understand the risks involved in getting behind the wheel while under the influence of alcohol. There is no doubt that a DWI arrest in conjunction with a fatal traffic accident is something that no person would ever want to have happen. In this particular case, the prosecutors apparently believed that the defendant’s reported blood-alcohol concentration (BAC) of 0.126 percent was not a factor in the tragic death of the 27-year-old victim.

According to news articles, the deadly accident took place around midnight near the intersection of Flatbush and St. Marks avenues. At that time, the defendant was driving a BMW sedan when he reportedly struck the woman. As a result of the impact, the victim sustained massive head injuries, complications from which resulted in her death five days later as she was being treated in a local hospital.
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April 2, 2014

New Jersey Law Enforcement’s Pursuit of Drunken Drivers Unlikely to Abate

by Jonathan F. Marshall

We see it quite frequently; the various anti-drunk driving campaigns accompanied by enhanced enforcement, such as saturation patrols during major holidays and late-night sobriety roadblocks on the weekends. In short, the apparent war on intoxicated motorists continues at a fairly regular and deliberate pace here in the Garden State. As New Jersey DWI and drug DUI defense attorneys, we know from experience that local police and state patrol officers take their roles very seriously when it comes to pursuing those drivers who may be inebriated behind the wheel.

Some drivers find themselves pulled over in the middle of traffic simply because they appeared to be wandering in their lane, when the reason could have been a minor distraction in the vehicle. Others might end up being flagged off the road at one of the many random roadside DWI checkpoints that seem to pop up at the most inopportune times. Regardless of the circumstances, however, if an office suspects a motorist to be even a slight bit drunk or otherwise impaired by alcohol or prescription drugs — never mind illegal substances like marijuana or cocaine — the gloves will come off an a much more intensive investigation will typically commence.

Of course, sometimes the police have reason to be suspicious of a driver’s condition, much less his motivation to avoid being picked up by officers for whatever kind of offense. Considering the reputation that New Jersey’s police have when drunk driving or drug DUI is involved, some people with a lot to lose will test the will of those law enforcement officers. Take the story of a Hamilton, NJ, driver who attempted to run from police following an alleged drunken driving accident along a portion of Interstate 95 last December.
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March 18, 2014

Hackensack Prosecutor Drops Serious Charges against Bergen County Woman Originally Suspected of Fatal DWI Accident

by Jonathan F. Marshall

Last week, the Hackensack Municipal prosecutor’s office dropped two key summonses previously lodged against a River Vale resident who was initially under suspicion of impaired driving after her vehicle struck and killed a well-known local business man last fall. According to news articles, the prosecution essentially cleared 63-year-old Kathleen Gehm of any wrongdoing in the tragic auto-pedestrian collision that resulted in the death of 87-year-old Jerome Some on the evening of October 8.

Based on court records, the DWI and reckless driving charges were dropped by Frank Catania Jr., municipal prosecutor for the city of Hackensack. The motion to dismiss, which was just recently filed, came months after the Bergen County Prosecutor’s Office decided not to pursue criminal charges against Ms. Gehm following a negative toxicology report on blood taken from her after the deadly traffic accident. Those toxicology results were returned from the lab last December.

According to news reports, Gehm’s lawyer stated that at the time of the incident his client was “extremely shaken up” and freezing as she stood in the cold evening air in sandals. This information was part of the defense’s argument to the court as to why the woman allegedly failed two field sobriety tests requested of her by police officers at the scene of the crash. As a result of those failed tests, police asked the woman to take a breath test, to which she did consent in hopes of clearing herself of a DWI charge.
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November 8, 2013

Older NJ Drivers Just as Likely to be Arrested for DUI-DWI as Younger Motorists

by Jonathan F. Marshall

Having defended a great many individuals accused of DWI throughout the years, the attorneys at our firm realize that nobody is immune to what is often referred to as the “long arm of the law.” Especially where traffic enforcement is concerned, patrolmen are usually quite vigilant when it comes to spotting erratic driving behavior on Garden State roadways. And if a motorist is found to have been drunk behind the wheel, the law does not discriminate — fines, court fees and increased auto insurance premiums are just a few of the penalties that await someone unlucky enough to be found guilty of DWI.

And, as New Jersey drunken driving defense lawyers, we are well aware that both young and old are equally likely to be arrested for drunk driving. Although older drivers may have more experience behind the wheel, the intoxicating effects of alcohol or a controlled dangerous substance (CDS), such as marijuana, cocaine or meth, can make even the most qualified driver less than effective on the road.

With many kinds of traffic offenses, usually the more minor ones however, a motorist’s age and driving history can work in his or her favor. Unfortunately, with the focus on eliminating the dangers of drinking and driving from New Jersey roads, courts are unlikely to give an older, seasoned driver a “pass” when it comes to a drunk driving arrest. A good driving record can be a plus, but depending on the circumstances, penalties both in terms of monetary fines and jail time can still be a significant possibility.
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October 24, 2013

Clifton, NJ, Driver Charged with Vehicular Homicide While Under the Influence

by Jonathan F. Marshall

Being charged with drunken driving for the very first time is something most people never forget. Not only can such an event be personally and professionally embarrassing, but the costs associated with a conviction add up to thousands of dollars. It’s a fair bet to say that the majority of motorists who are found guilty and saddled with stiff fines and other penalties will try not to make the same mistake twice. Although it may not seem like a hard decision, the mistake that some people make following a DWI arrest is not talking with a qualified drunk driving defense attorney.

But as long-time DWI and drug DUI defense lawyers, my staff has seen frequent situations where individuals accused of drunken driving should have made the decision to retain an experienced attorney, but for one reason or another chose not to. Considering the potential fines, fees, assessments and other penalties, such as jail time, there is no logical reason why an accused drunk driver should not, at the very least, avail himself of a free consultation from a skilled attorney.

Naturally, there are circumstances where a drunken driving defendant will truly feel the need for professional representation in a court of law. Where jail time and harsher penalties are threatened, an accused motorist would only do himself a disservice to eschew a lawyer in favor of going it alone against a prosecuting attorney. The results of such ventures are rarely positive for the defendant.
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