Articles Posted in Death by Auto

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As human beings, none of us can truly say that we are perfect in every way. As lawyers who defend individuals in civil and criminal court, I and my colleagues have come to recognize the occasional shortcomings of many a good-intentioned person prior to being arrested for drunk driving or drug DUI. Fortunately, in our society, we have laws and courts to decide the guilt or innocence of those who have been accused of breaking the law.

Penalties that are meted out to convicted defendants in cases of operating a vehicle under the influence can be expensive, to say the least, which is why it is always a good idea to consult with an experienced legal professional before stepping foot in a courtroom. As New Jersey DWI defense attorneys, my firm has years of experience in representing motorists who have been arrested and charged with driving while intoxicated by alcohol or drugs, either prescription or illegal substances such as cocaine, meth or marijuana.

In some drunken driving cases, the defendant is not only accused of DWI or DUI, but may also be charged with vehicular assault or even manslaughter by a motor vehicle. These are serious and potentially jailable offenses. Such was the situation arising out of a car collision that took place in Gloucester County last year. According to news reports, a Deptford Twp. resident was involved in a fatal crash along a stretch of Rte 41 on March 19 of last year. At the time, police said that the man had an open beer with him when his pickup truck apparently side-swiped another vehicle on the road, precipitating a serious accident.
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A driver who was taken into custody following a deadly car accident in Kearny, NJ, back in 2011 reportedly pled guilty to charges of aggravated vehicular manslaughter combined with drunk driving in a Hudson County courtroom not long ago. As New Jersey DWI defense lawyers, we know that individuals accused of DWI or drug DUI can feel relatively helpless when facing serious drunken driving charges or accusations of operating a motor vehicle while under the influence of alcohol, prescription medications or even illicit substances, such as marijuana.

Here in the Garden State, it wouldn’t be a stretch to say that motorists who find themselves arrested or on the receiving end of a DWI or DUI summons may be up against potentially stiff penalties if they are convicted of driving while intoxicated. From Bergen and Sussex counties to Ocean and Atlantic, New Jersey state and local police officers are always on the alert for drunken drivers. And while being arrested for DWI-DUI following a routine traffic stop may seem like the end of the world, one must never assume that he or she is in tough spot.

Consider the case ended this past July, when a 22-year-old resident of Manalapan, NJ, pled guilty in front of a Superior Court judge in a Jersey City courtroom. According to news reports, Ayman Khawaja admitted guilt to aggravated manslaughter, as well as DWI, in relation to the April 10, 2011, death of a 24-year-old Passaic County man. The three-vehicle accident that killed Luis Suarez took place along a stretch of the New Jersey Turnpike on a late spring evening.
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We’ve said it previously, but there are worse situations to be in than receiving a summons for drunken driving from the police. Of course, being arrested for driving under the influence of alcohol or drugs is not something the average motorist is likely to welcome, but if one has to be cited for DWI it’s certainly better to be stopped for a minor traffic infraction first, than to be involved in a roadway accident.

The fact of the matter is, here in the Garden State, the police and our court system tend to be very strict when it comes to a charge of drunk driving; but add to that additional charges of property damage, bodily injury or even vehicular homicide and one can imagine that defending against the DWI or drug DUI charge will be much tougher than a simple summons for intoxicated driving.

As New Jersey DWI defense attorneys, I and my staff are acutely aware of the range of penalties for those motorists who are convicted of driving under the influence. It makes little difference whether one is drunk through the consumption of beer, wine or hard liquor, or if the charge of DUI is related to impairment as a result of doctor-prescribed medication. Naturally, other drugs, controlled substances like cocaine and marijuana, are actually illegal in and of themselves.
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An Ocean County man was arrested after an alleged DWI car crash in Montgomery Twp., NJ. According to one news report, a resident of Brick, NJ, apparently lost control of his car along a stretch of Cherry Valley Rd., which left the roadway and crashed in what police described as a rollover accident. The driver was reportedly headed west along Cherry Valley a little after noon on a Tuesday when the incident occurred.

As New Jersey DWI defense attorneys, I and my staff know that there is no better way to call attention to oneself than to cause or be involved in an automobile accident. If one or more of the motorists involved in the wreck are found to be drunk at the time of the accident, there is a good chance that a drunken driving summons will be issued. Aside from the monetary penalties associated with a DWI or drug DUI conviction, social stigma, loss of friends and business associate and even a foreshortened career are all possible scenarios.

Brick Driver Hurt in Alcohol-related Single-car Rollover Crash
Based on news reports, the accident in Montgomery Twp. involved a 1998 Subaru Forrester. The driver, 56-year-old Michael Kubas, received several non-critical injuries after the vehicle struck several trees and then wound up on upside down off to the side of the road. Montgomery and Princeton Township EMS and first responders treated the man and then transported him to Helene Fuld Medical Center.
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If one was looking for a worst-case scenario when it comes to a drunk driving arrest, look no further than the pages of local and state news outlets for traffic collisions involving accused drunken drivers. It’s one thing to be arrested for DWI or following a routine traffic stop for a minor driving infraction or defective vehicle equipment; but, it’s another situation altogether when a motorist is arrested for allegedly driving under the influence of alcohol or prescription drugs.

As New Jersey drunk driving defense lawyers,I and my staff of highly qualified criminal attorneys have decades of combined experience. I, myself, worked on the other side of the aisle as a municipal prosecutor for years, which gives me a unique perspective on how the State views drunk driving defendants and the strategies used to attain convictions against accused DWI violators.

One thing that is certain: when a traffic accident occurs and the police believe that the driver who caused the crash may have been drunk or otherwise impaired by alcohol or other substances — such as prescription meds or illicit drugs like cocaine or — the consequences for that act can rise accordingly.
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Whether one drives in Middlesex, Atlantic, Monmouth or Essex County, if you cause an accident while driving under the influence of alcohol or prescription drugs (drug DUI) there is always a chance that you will be found guilty of intoxicated driving by a court. Raise the stakes by causing a fatal drunken driving-related traffic wreck and the consequences can be much worse.

As a former municipal prosecutor, I understand the strategies and legal approach that the state uses to convict a motorist charged with drunk driving or drug DWI. I and my staff of experienced New Jersey drunken driving defense attorneys know the procedures and techniques that the prosecution may use against a DWI defendant. An already critical situation is made that much worse when a driver is accused of drunk driving as it applied to a traffic accident involving injury or death.

It is for these reasons alone that one typically needs the counsel, if not the representation, of a qualified DWI/DUI lawyer. This is because, here in the Garden State, law enforcement and the courts have become rather strict regarding any traffic-related offenses involving the consumption of beer, wine or hard liquor, as well as doctor-prescribed medication or illicit drugs such as marijuana or cocaine.
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No matter where you drive in the Garden State, be it Middlesex, Bergen, Union or Atlantic County, when a drunk driving traffic arrest involves a fatal car wreck, the stakes for the defendant rise considerably when it comes to walking into the courtroom for the first time. As New Jersey DWI defense lawyers, my job and that of my legal staff is to represent motorists accused of driving under the influence of alcohol or prescription drugs (drug DUI). Here in Jersey, law enforcement agencies and the court system can be quite strict about drivers picked up for operating a motor vehicle while impaired by beer, wine, alcohol or drugs.

Being arrested for driving while intoxicated is one thing, but being charged with a traffic accident that resulted in one or more death is a serious situation that usually requires the assistance of a qualified DWI attorney. Understanding the law is one thing, but having experience defending people against drunken driving and drug possession or drug impairment charges is important. As a former municipal prosecutor, I have worked both sides of the aisle in DWI and DUI cases.

Not long ago, following an Englewood car accident that resulted in the deaths of two people, 50-year-old Heriberto Callas was arrested by local police and charged with numerous violations including a couple counts vehicular homicide in the first degree. Calles, according to news reports, is a Bergen County business man and owner of an Englewood, NJ, janitorial service.
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Regardless of where a motorist receives a traffic citation or summons for drunken driving, be it Monmouth, Hudson, Union or Somerset County, being charged with drunken driving is nothing to sneeze at, especially in the Garden State. Aside from the heavy monetary penalties, one’s career, personal relationships and standing in the community can be adversely affected simply be an arrest, much less an actual conviction.

Representing motorists accused of driving under the influence is the job of qualified New Jersey DWI defense attorneys, such as the experienced drunk driving lawyers at my firm. While no one can predict the outcome of a drunk driving case, the odds are that much worse in matters involving property damage and personal injury. Without a doubt, nobody should wish for a DWI or drug DUI arrest in connection with a fatal traffic accident.

Nevertheless, fatalities involving alleged drunken driving occur with a fair amount of frequency here in Jersey and elsewhere across the country. This is not to say that police or the courts are jaded when it comes to arrests following fatal DWI accidents; it’s well understood that the authorities take a very dim view of drivers accused of fatal car crashes where alcohol or prescription drug use may have been involved.
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Whether one lives in Sussex, Bergen, Atlantic or Middlesex County, make no mistake: state and municipal police agencies across the Garden State take a dim view of motorists who get behind the wheel while under the influence of beer, wine or hard liquor. This goes as much for alcohol as it does for prescription medication and doubly so for those who take illicit drugs and then drive on public roads.

Frankly, as New Jersey DWI defense lawyers, we know that our state’s judicial system can be quite strict when it comes to drinking and driving. State laws and legal statutes specify heavy penalties for those individuals convicted of drunken driving and drug DUI; in fact, aside from monetary penalties, there is a good chance that depending on the circumstances a driver can lose his or her license for a period of time following a drunk driving conviction.

With the costs of losing a DWI or DUI case, plus the potential of having ones driver’s license suspended — which can complicate a person’s employment situation as well as their private life — look for the advice of an experienced drunk driving defense attorney is many times a good course of action. With the frequency of organized anti-DWI/DUI enforcement efforts (such as New Jersey’s “Over the Limit, Under Arrest” campaign), dozens upon dozens of motorists find themselves charged with a variety of drunk-driving-related offenses during these amplified enforcement endeavors.
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Though we’ve said it many times here, it always bears repeating: climbing into a car or truck while possible intoxicated by alcohol or some other substance is a potentially dangerous activity. As a New Jersey drunken driving defense attorney and former municipal prosecutor, I understand the consequences of operating a motor vehicle while impaired. Certainly being stopped by police is a bad situation if one is found to be drunk at the time, but causing an accident — especially a fatal car crash — is something nobody wishes for.

This said, it should be obvious that injuring or killing another person as a result of an alleged drunk driving traffic will not sit well with the police or the court of the municipality in which the offense occurred. The complications of such an event mean that the defendant should seriously consider enlisting the services of a qualified and experienced DWI defense attorney.

Newspapers and the internet are filled with stories of motorists involved in bad situations not always of their own making, but nonetheless human nature being what it is, there will likely always be traffic accidents caused in some way, shape or form by alcohol use; not to mention impaiment by prescription medication or illegal drug use. As motorists ourselves, we cannot escape that reality, but we can remind people to be cautious, enlist the services of a designated driver, or take a cab or bus when one is intoxicated and unable to drive competently.
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