Death by Auto

December 28, 2011

No DWI Charges Yet for New Jersey Man Involved in Fatal Ocean County Traffic Accident

Being caught driving drunk here in the Garden State can get many a motorist in hot water legally and financially; and it’s no secret that police departments in Monmouth, Bergen, Sussex and Atlantic counties have virtually no tolerance for drivers who get behind the wheel in any state of inebriation. Frankly, with all the hype about anti-drinking and driving enforcement during the holidays, it’s difficult to imagine that individuals still drive while potentially intoxicated, but apparenlty this happens with extreme regularity.

As New Jersey DWI defense attorneys, I and my colleagues are constantly reading about individuals who may or may not believe that they were intoxicated at the time of their arrest. Regardless of where one is picked up for operating a vehicle while impaired — be that by alcohol, prescription medication (drug DUI) or illicit drugs like cocaine or marijuana — the penalties can be severe and costly.

As drivers ourselves, we understand the reasons for anti-drunken driving laws, however the methods and evidence used against motorists can sometimes be questionable, to the point that a DWI case may have little chance of standing up in court. One thing, however, that can make a so-called “routine” drunk driving arrest stand out is when it coupled with a traffic accident. Property damage, injuries and certainly fatalities tied to an alleged drunk driving episode is nothing to sneeze at.
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December 18, 2011

Roxbury, NJ, Auto Accident News: Alcohol Blamed in Traffic Death of Mount Arlington Patrolman

by Jonathan F. Marshall

While getting a summons for drunken driving should not be taken lightly here in the Garden State, there are worse alcohol-related offenses that one should be concerned about. Being arrested for drunk driving at a typical sobriety checkpoint is one way to be introduced to your local legal system, however if one were to be charged with DWI following an injury accident, this can be a much more serious situation.

As New Jersey DWI defense lawyers, I and my staff of qualified drunken driving defense attorneys have the skills and years of courtroom experience to represent motorists accused of impaired driving. This applies to alcohol-related DWIs as well as drug-related DUIs; for many people, it is not unusual to be arrested for impaired driving while under the influence of doctor-prescribed medications. Less common, but nonetheless valid are arrests that involve illicit drugs (also known as controlled dangerous substances, or CDS), such as cocaine and marijuana.

But all this pales in comparison to one of the most serious charges, that of driving under the influence and causing a fatal collision. While some individuals may debate the relative merits of consulting an experienced DWI attorney for a “simple” drunk driving charge, a DWI coupled with a potential vehicular homicide charge leaves little to ponder about.
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October 21, 2011

NJ Drunken Driving News: Ocean County Motorist Charged with DWI in Fatal Garden State Pkwy Crash

by Jonathan F. Marshall

Fighting a drunken driving charge is serious business and should never be taken lightly. Guilty or innocent, anyone who has been charged with DWI or drug DUI (usually because of alleged impairment due to prescription medication) needs to understand that the financial and social implications of a drunk driving conviction can have long-term effects on an individual and his or her family.

Too many times, a defendant has stepped into a New Jersey courtroom without the aid of an experienced legal professional only to lose his case and be hit with heavy DWI-related fines and penalties. As New Jersey DWI and DUI defense lawyers, I and my staff know the ins and outs of the state’s legal system, and drunken driving law in particular. As a former municipal prosecutor myself, I have first-hand experience from the other side of the aisle regarding the methods and tactics of the state’s legal representatives.

As a cautionary note coming from one who knows the potential pitfalls of a poorly executed DWI defense, the last thing a defendant wants to have, in addition to an actual DWI arrest, is charges related to a fatal car crash allegedly occurring as a result of being impaired while operating a motor vehicle. Serious consequences can result from a conviction for negligent driving, vehicular assault, or manslaughter by motor vehicle.

According to news reports, an Ocean County, NJ, resident was recently indicted on the charge of vehicular homicide, as well as numerous other charges following a fatal car crash on the Garden State Parkway in Monmouth County last April. Based on police reports, 20-year-old Eric Pereira was allegedly intoxicated while using a cellphone and exceeding the posted speed limit when his vehicle rear-ended a van, which fatally injured a 43-year-old Middletown man.

Based on a joint investigation carried out by the NJ State Police and the Monmouth Co. Prosecutor’s Office, the April 2 crash occurred around 11am as Pereira was headed south in the local lanes of the Parkway at what police describe as a “high rate of speed.” According to reports, Pereira’s vehicle hit the victim’s van from behind, causing that vehicle to hit a nearby guardrail, flip over and slide into the Parkway’s express lanes.
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August 14, 2011

Former “Melrose Place” Star Locane Tried in 2010 DWI-related Fatality in Montgomery County

by Jonathan F. Marshall

According to news reports, witnesses in the fatal DWI traffic accident case against former “Melrose Place” actress Amy Locane stated that the TV star was found allegedly “giggling in a ditch” following the fatal 2010 drunken driving wreck that killed the driver and occupant of a second vehicle in June last year. Witnesses, including the police officer assigned to monitor the former star, stated that the woman was happy and laughing post-crash.

Whether one lives in Somerset County where this accident happened, or Ocean, Middlesex or Bergen counties, as a New Jersey DWI defense lawyer I can tell you a drunken driving charge is severely complicated when an motor vehicle accident is also involved, much less a fatal traffic wreck. Based on news reports, the judge in the case could be allowed to give their testimony against the defendant.

These witnesses reportedly heard statements made by Locane prior to the woman’s arrest on June 27, 2010, after her Chevrolet Tahoe smashed into a second vehicle carrying a man and his wife; 60-year-old Helen Seeman, a resident of Hopewell Township died as a result of the collision. Initially prosecutors challenged the Locane defense team’s request to call a police detective and another driver allegedly hit by the defendant prior to the accident, stating that those individuals should not be allowed to testify as witnesses because they were not present at Locane’s arrest.

One of those potential witnesses for the defense was the driver of a Honda Odyssey which was allegedly hit by Locane’s vehicle earlier that evening. Following the suspect, Maureen Ruckelshaus, apparently had an interaction with Locane earlier that evening before the fatal drunken driving accident that killed Seeman. Defense lawyers believe that Ruckelshaus could provide testimony that might offer the court a window into Locane’s state of mind and demeanor on that day.
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July 19, 2011

Following Fatal Garden State Crash, Brick Township PR Official is Charged with DWI

by Jonathan F. Marshall

If we’ve said it once, we’ve said it a thousand times; a drunk driving defense is only complicated when the DWI arrest is associated with a traffic accident. It makes little difference whether one lives in Bergen, Middlesex, Mercer or Atlantic County, when you throw in an injury or fatality along with a drunken driving accident the job of the DWI defense attorney is made that much more difficult.

Still, despite our suggestions to avoid driving while intoxicated, dozens of motorists every week are arrested here in the Garden State for operating a motor vehicle while impaired by alcohol or prescription medication (drug DUI); some of the individuals also become involved in what can only be termed DWI-related traffic accidents; some of which are fatal crashes, while others may entail only minor injuries.

Of course, as stated previously, killing another individual while allegedly under the influence of beer, wine or hard liquor is not a situation anyone wishes to be in. But it does happen, and with greater frequency than many people might guess. Not long ago, a Brick Twp. employee was charged with driving while intoxicated when he allegedly caused a traffic accident that left a teenager dead.

Based on news reports, 53-year-old Patrick Doyle of Ocean County was reportedly headed south along a stretch of Jordan Rd. when he attempted to pass a second vehicle on the two-lane road just after 10pm in the evening. In the process of the maneuver, police reports indicated that Doyle’s vehicle entered the northbound lane, at which point the man’s car allegedly struck the youngster who was on his skateboard near the shoulder of the roadway.
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June 25, 2011

Mercer County DWI News: Hunterdon County Driver Pleads Guilty to Fatal DWI Accident in Trenton

by Jonathan F. Marshall

While most people arrested and charged with driving while under the influence of beer, wine or hard liquor do little more than catch the eye of an observant police officer while operating their vehicle in a possible suspicious manner, other individuals charged with driving while intoxicated occasionally cause an accident. Of those drivers that do hit another vehicle while impaired by alcohol or prescription medication (drug DUI), some regrettably kill one or more people in the process.

As DWI defense attorneys here in New Jersey, we understand how a motorist can be accused of DWI following a routine traffic stop. Those that are convicted can expect relatively stiff fines and other penalties. But as bad as a DWI conviction can be, combining it with a fatal traffic collision is something nobody wants to experience.

Not long ago, a motorist from Lambertville admitted to driving while intoxicated when he caused a traffic accident that killed his passenger and injured two other people. As a result of a plea agreement, 25-year-old Jorge Orellana, a resident of Hunterdon County, NJ, was due to be sentenced to five years in jail in relation to the traffic crash that caused the death of 19-year-old Alonso Bautista in October 2010. Based on court records, Orellana will have to serve at least 85 percent of his sentence before he can even be eligible for parole.

May 9, 2011

Union Township Drunken Driving News: Prosecutors Upgrade Charges to Vehicular Homicide following Warren DWI Accident

by Jonathan F. Marshall

Multiple drunk driving arrests, not to mention numerous DWI convictions can prove to be quite damaging to one’s driving record, much less an individual’s personal relationships, business career and standing in the community. Here in Monmouth County, just like in Ocean, Sussex and Bergen Counties, a driver who causes an accident while under the influence of alcohol faces a difficult uphill battle in the state’s legal system.

As a New Jersey drunk driving defense lawyer, I understand how a traffic accident complicates a driver’s DWI or drug DUI defense case. In situations where a death is also involved, the courts have little empathy for a defendant who is found to have gotten behind the wheel of his or her automobile in an impaired or drunken state.

A DWI-related traffic fatality is a much more serious issue than is a simple case of being stopped for a minor traffic violation. To say the least, a person in such a situation should definitely consult with a qualified legal professional. A circumstance that might call for an experienced DWI attorney was recently reported in the news.

According to reports, charges of driving under the influence levied against a Union Township resident were escalated to that of vehicular homicide in the case of a fatal accident along Interstate 78 last year in Somerset County. Based on news reports, a five-month police investigation resulted in serious charges being pressed against 38-year-old Amie Marroccelli in connection with a deadly car crash in Warren, NJ, last October 10.

Based on police reports at the time, Marroccelli was driving a BMW east along a stretch of I-78 just before 8pm when the woman’s vehicle hit the driver’s side door of a Subaru being operated by 22-year-old Steven Wall, who was also headed east. The impact between the two vehicles caused Wall’s vehicle to spin then leave the roadway and, sliding down an embankment, striking a tree. Wall eventually died from injuries he sustained in the crash that evening.
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April 15, 2011

New Jersey Drunk Driving Defense News: Sussex County Woman Guilty in Fatal Drug DUI Accident

by Jonathan F. Marshall

It’s a fair bet that most people don’t wake up in the morning thinking, “I’m going to have a drunk driving accident.” But time and time again, residents of the Garden State do wake up and sometime later that day they get behind the wheel of an automobile in a possibly intoxicated state. Some will be stopped by police and be issued a summons for driving under the influence of alcohol. Others may be arrested for driving while impaired because they didn’t realize their prescription medication caused drowsiness and loss of concentration.

The point we make here, as New Jersey DWI defense lawyers, is that there are numerous ways in which a person can be cited for drunken driving. Whether you live in Essex, Bergen or Ocean County, a charge of driving while intoxicated or operating a motor vehicle under the influence of prescription or illicit drugs (drug DWI or DUI) can complicate a person’s life down the road. Being charged with DWI and vehicular homicide following a fatal drunk driving crash is certainly the most serious.

But deadly drunken driving collisions do occur, and they can happen to almost anyone. Not long ago, a woman from Sussex County, NJ, was found guilty in the drug-DUI related traffic death of a 16-year-old West Milford boy back in 2008. According to news reports, the 39-year-old defendant, Julie Michaels, was found guilty on several charges that came out of that fatal crash.

Following a two-month long trial, it took the jury a couple days of deliberations to arrive at a verdict for Michaels, who was found guilty of vehicular homicide, assault by auto and four less serious charges. The woman will have to wait until May 13 for sentencing. The jury believed that Michaels had caused the fatal accident that killed Dylan Vecchiarelli, a passenger in the vehicle Michaels struck on March 3, 2008.

Based on court records, the defendant had crossed the centerline along a stretch of Rte 23 in Hardyston, her Jeep then hit head-on a Mitsubishi sedan driven by Danilo Diaz. Diaz survived the crash, but Vecchiarelli received numerous internal injuries and died at Morristown Memorial Hospital about a month later.
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February 20, 2011

New Jersey Drunk Driver Convicted of 2009 DWI Traffic Death of 22-Year-Old Man

by Jonathan F. Marshall

Traffic deaths occur with alarming regularity here in New Jersey, many of these crashes occur as a result of alleged impaired driving. State police and municipal law enforcement officers are constantly patrolling Garden State highways and surface streets looking for drivers who may be operating a motor vehicle while under the influence of alcohol or prescription medication.

Representing motorists involved in drunken driving arrest in Ocean, Bergen, Passaic and Monmouth County, I and my staff of experienced drunk driving lawyers understand the circumstances that can lead to a DWI or drug DUI arrest. Whether the charges are legitimate depend on the individual situation and the evidence that the prosecuting attorney has at his or her disposal.

When it comes to fatal drunken driving accidents, the police and the courts are not likely to be sympathetic to an accused driver in light of a DWI crash that has killed another individual. While each case is different, driving while intoxicated and causing an injury accident or fatal crash is not something anyone wants to happen to them.

February 16, 2011

Burlington County Man Indicted for Fatal Drunken Driving Crash that Killed Two People

by Jonathan F. Marshall

Regardless of whether you live in Burlington, Ocean, Monmouth or Passaic County, being charged with DWI where others were injured or killed can be quite serious. As New Jersey runk driving defense lawyers, I and my staff are concerned with representing those individuals who have been arrested for driving while intoxicated, either by alcohol or a controlled dangerous substance (CDS), such as prescription medication, marijuana or other illicit drug.

In some cases, a charge of operating a motor vehicle while under the influence of alcohol or drugs (Drug DUI) can be combined with other serious charges, like vehicular homicide or assault by a motor vehicle. Unlike being arrested in connection with a minor traffic violation, these kinds of offense — fatal DWIs and drug DUIs — bring with them serious consequences if the defendant is convicted.

Such a case was initiated against a resident of Maple Shade, NJ, following a fatal car crash back in 2009. According to reports, 28-year-old Steven Ford was indicted not long ago by a Burlington County grand jury for the deaths of two people in Mount Laurel. In that crash, police charged the man with intoxicated driving in addition to two counts of first-degree aggravated manslaughter, two counts of second-degree vehicular homicide, and one count of fourth-degree assault by auto.

According to news reports, the fatal car accident took place on a Sunday afternoon along a stretch of Rte 38. Police reports indicate that Ford was driving his pickup truck in a westerly direction on Rte 38 at an allegedly high speed just prior to losing control fo the vehicle. The truck allegedly hit the curb of the grass center median, which caused the vehicle to be launched into the eastbound lanes of traffic. The pickup crashed into a sport utility vehicle and then a box truck.
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