Death by Auto

March 2, 2010

NJ Drunk Driving News: New Jersey Man on Trial for Fatal 2008 Drug DWI Accident

As New Jersey DWI defense lawyer who defends clients arrested for drunk driving, I can easily say that being charged with driving under the influence of alcohol, marijuana or prescription drugs in connection with a minor traffic violation is nowhere near as serious as being arrested for an injury accident or fatal alcohol- or drug-related crash.

The state of New Jersey takes a dim view of intoxicated driving, which is why the penalties and fines associated with DWI and DUI convictions can be rather severe. Add an injury or death as a result of a drunken driving accident and the outcome of a drunk driving trial could mean a very long prison sentence.

Not long ago a jury heard the initial statement from a defendant regarding a July 2008 fatal drug-related DUI crash that left a motorcycle rider dead following a head-on wreck along Route 47. According to reports, the accident occurred on a summer afternoon when Nicholas Golden slammed into the biker as the two vehicles approached each other.

February 28, 2010

New Jersey DWI News: Lower Township, NJ, Reported Fewer Drunk Driving Arrests in 2009

by Jonathan F. Marshall

Not long ago, the National Highway Traffic Safety Administration (NHTSA) reported that the number of fatal DWI-related accidents dropped from 201 dead in 2007 to 154 in 2008 – according to the NHTSA, 2008 was the last year for which complete statistics were available. Also mentioned was the drop in drunken driving arrests, which were reduced by six percent based on data provided by the New Jersey State Police.

At that time it was suggested that these decreases may have been influenced by the stiffer penalties for motorists convicted of driving under the influence of alcohol. It’s no secret that drunk driving in the New Jersey area is a dangerous activity. Police and state law enforcement agencies continue to increase the frequency of patrols, as well as instituting sobriety checkpoints, also known as drunk driving roadblocks.

As a New Jersey DWI defense lawyer, I know how expensive a drunken driving conviction can be to a person’s bottom line. This is because the penalties for DWI in the Garden State can carry heavy fines and even jail time.

January 28, 2010

New Jersey DWI Defense Update: Law Now Requires Breathalyzer Ignition Interlock for First-time DWI Convictions

by Jonathan F. Marshall

New Jersey has added another weapon to its arsenal of drunk driving laws, making even first-time DWI convictions more onerous for those caught driving while intoxicated. As a New Jersey drunk driving defense attorney and motorist myself, I’ve seen the aftermath of accidents caused by impaired drivers. At the same time, I also understand how even a single DWI or drug DUI conviction can haunt a person for many years to come.

The latest law coming out of Trenton last week now makes it mandatory that anyone convicted of a drinking and driving offense must have their vehicle fitted with a breathalyzer ignition interlock device. Not only does the stigma of a DWI conviction cost an individual in court fines and increased insurance premiums, now there is the added embarrassment and inconvenience of starting one’s vehicle. All of which makes it imperative to seek the services of a DWI defense lawyer.

According to reports, legislation has now been passed and signed into law by acting Governor Sweeney to add mandatory ignition interlocks for all drunk driving offenses in New Jersey. Known as “Ricci’s Law” in honor of the Egg Harbor Township teen killed by a hit-and-run drunk driver, the bill was signed into law on Thursday, January 14.

January 24, 2010

Man Indicted for Fatal DWI Accident in Cape May had Seven Previous Drunk Driving Arrests

by Jonathan F. Marshall

Multiple drunken driving arrests or numerous DWI convictions can be devastating to a New Jersey resident’s driving record, much less a person’s life. When a traffic fatality is involved, the legal situation can become very serious very quickly. As a New Jersey drunk driving defense attorney, I and my colleagues have represented hundreds of individuals in drunk driving-related court cases. Many of these cases have had to do with the death of another person, which makes a DWI lawyer a necessity.

Recently an out-of-state motorist was indicted for what is referred to as aggravated manslaughter as a result of a fatal Cape May automobile crash in September of last year. According to news reports, John J. Lawless, 37, of Philadelphia was indicted on January 12 for aggravated manslaughter. The first-degree offense occurred on September 12 when Lawless allegedly killed Frederick Shelton, a Lower Township, NJ, resident.

Based on news reports, the chief assistant prosecutor in the case said that Lawless had a blood-alcohol content of 0.229 percent, which is nearly three times the legal limit in New Jersey. Authorities allege that Lawless was driving his Chrysler Sebring while intoxicated, when he veered into the southbound on Route 9 near Bennetts Crossing in Lower Township, hitting a Ford Escort carrying Shelton, his wife and the couple’s 13-year-old daughter.

January 21, 2010

Dover, NJ, Man Faces DWI Manslaughter Charges for Drunk Driving Deaths of Two Morris County Teens

by Jonathan F. Marshall

Being charged with drunk driving in New Jersey is bad enough without having caused an accident as a result of being intoxicated. Killing another individual while under the influence of alcohol is another thing entirely. Police all across the state of New Jersey are always on the lookout for drivers operating motor vehicles while impaired due to beer, liquor or prescription drugs.

As a New Jersey DWI defense lawyer, I have defended many clients who have been charged with drunk driving. Some of those people were involved in accidents that injured or killed vehicle occupants or pedestrians. A recent news article shows how mixing alcohol with prescription drugs can result in terrible consequences. There are very few things worse than being arrested for a fatal drunk driving accident.

According to reports, Jury selection began Tuesday in Morristown regarding the drunk driving trial of 48-year-old Eugene Baum Jr. The man is charged with being drunk behind the wheel and causing the deaths of two teenagers back in 2006 when his car hit and killed the young girls on a Morris County roadside.

Police reports indicate that on April 20, 2006, Baum was driving a rented Kia Optima along Kinnelon Road in Kinnelon, NJ, when the vehicle veered off the roadway and onto the shoulder where the two girls were walking. Police records show that the defendant’s blood-alcohol content (BAC) was 0.305 percent when the accident happened. Based on news reports, Baum’s vehicle struck 15-year-old Mayada Jafar and 16-year-old Athear Jafar. The two cousins were reportedly walking to a nearby movie theater around 8pm when they were thrown off the shoulder by the impact.

Police have said that although Baum was severely intoxicated, he still decided to drive from his home in Dover to his mother’s house in Kinnelon. During the police interview, he allegedly said that he thought he had struck a deer. He also later acknowledged that he should not have mixed Librium and vodka.

A mental health expert hired by the state has stated that Baum was “a functioning alcohol” at the time of the accident and that he could apparently tolerate high levels of alcohol in his bloodstream. In Baum’s defense, an expert has suggested that Baum became an “automaton” when he drank and the combination of vodka and Librium in his body had an unexpectedly severe reaction that led to the crash.
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January 3, 2010

New Jersey DWI News: Pending Legislation could Increase Jail Sentences for Fatal DWI Accidents

by Jonathan F. Marshall

Drunken driving, or DWI (driving while intoxicated), is a serious offense in New Jersey. From Atlantic City to Newark, law enforcement agencies and state legislators are getting more and more tough with people who drive under the influence of alcohol. As a New Jersey drunk driving defense lawyer, I and my colleagues understand the dangers of driving under the influence of alcohol or prescription drugs (DUI or drug DWI).

Recently, the New Jersey state legislature has taken on the task of making those convicted of fatal DWI traffic accidents go to jail and stay there longer. These days a conviction in the Garden State for operating a motor vehicle while inebriated is an expensive proposition; killing another person while drunk usually calls for jail time — soon that jail term may be longer than many expect.

According to news reports, a bill entitled “Josh’s and Craig’s Law” could increase the penalties for motorists who cause a fatality as a result of a DWI traffic accident. The new legislation is being sponsored in the state Senate by Senator Jeff Van Drew and in the Assembly by Assemblymen Matt Milam and Nelson Albano.

The bill takes its name from Josh Moren and Craig Lozier, who died within weeks of each other in similar DWI-related accidents in Cape May County last year. The common thread, according to news reports, is that these two individuals were apparently killed by drivers who allegedly were driving under the influence of a large amount of alcohol, or a mix of drugs and alcohol.

Moren, who was 18, died in June of 2008 along Route 47 in Middle Township just three weeks after graduating from Sacred Heart High School. He was killed by 48-year-old Laura Lippie of Bridgeton, NJ. Lippie is currently serving more than sevens years in prison at Edna Mahan Correctional Facility for Women.

According to news articles, the new law would mandate a minimum sentence of 10 years for an DWI offense involving high levels of intoxication, such as Lippie was convicted for. Based on court records, Lippie pleaded guilty to having spent the day before the accident drinking vodka. Her blood-alcohol content (BAC) at the time of the accident was measured at 0.37 percent — more than four times the legal limit.

Several weeks after Moren was killed, Lozier was hit by a drunk driver as he was riding a motorcycle on Route 47 near his home in Cape May Court House. Police reportedly filed DWI and drug possession and distribution charges against Nicholas Golden, the driver who hit Lozier. Golden was subsequently indicted on first-degree aggravated manslaughter charges, which carries between 10 and 30 years in prison. At the time of the news article, Golden was free on bail pending trial.
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October 10, 2009

Sentence Stands in Monmouth County DWI Fatality Case

by Jonathan F. Marshall

I colleague was able to achieve an excellent result in a DWI case recently. In this regard, the defendant had a blood alcohol content of .115 while striking a pedestrian. The rub is that the pedestrian was also intoxicated, possessing a BAC of .26. The allegations were that the deceased walked into oncoming traffic with little to no warning. A grand jury refused to indict the defendant on a felony offense of death by auto so the case was remanded to municipal court. The defendant was found guilty of DWI and was sentenced to thirty (30) days in jail. The Asbury Park Press reported this weekend that the defendant’s appeal of the sentence was denied.

Following the initial ruling in this matter, I received several offensive comments on my blog, as well as emails of similar attack. I assume that the related individuals felt we were a good target to voice displeasure given our prominence as NJ DWI Lawyers. While it might be hard for the complaining individuals to accept, causation is a requirement in order to hold an individual criminally accountable for death by auto. An indictment was not returned in this case because a Grand Jury panel of citizens heard the evidence and simply found that, although the defendant was intoxicated, he was not the cause of the fatality. The driver was therefore not indicted. Notwithstanding, the defendant is going to jail for thirty (30) days.

I certainly understand a level of frustration on the part of some given the fact that the defendant was intoxicated, however, the law cuts both ways. The defendant here was not guilty of assault by auto and therefore the most that could be imposed in terms of jail was significantly limited. The municipal court judge found that thirty days was appropriate. The situation could have gone much different but the facts simply did not support such a result.

September 25, 2009

Middlesex County Man Gets 8 Years in Prison for DWI Traffic Death of Perth Amboy Cop

by Jonathan F. Marshall

A Woodbridge, NJ, man was sentenced to eight years in prison recently for a fatal drunk driving accident that killed a Perth Amboy patrolman. Sean McGuirk, 25, received his sentence in a New Brunswick courtroom on September 17 for the August 2008 crash that killed 31-year-old Thomas Raji and injured two other people. Although there are many kinds of drunk driving charges, as a New Jersey DWI defense lawyer I will say that the most serious cases involve injury accidents and fatal wrecks.

McGuirk’s sentence also shows what can happen when a motorist drives drunk and kills a law enforcement officer. This case was tragic and can only serve as a reminder that drinking heavily and operating a motor vehicle are not compatible.

On August 21, 2008, McGuirk was admittedly drunk when he left the Big Shots Bar in Woodbidge and got into his car. According to court records, he had been drinking for four hours starting around 11pm. He said he had “five or six drinks” before leaving for home at about 3:30am. He had testified that he also had alcohol in his car.

September 15, 2009

Intoxicated Out-of-state Driver Charged Vehicular Homicide in Fatal Cape May County Car Crash

by Jonathan F. Marshall

Accidents happen, that’s a fact of life. But fatal automobile accidents involving alcohol or drugs is another matter altogether. Last weekend, a 37-year-old man allegedly driving drunk hit a New Jersey family traveling on State Highway Route 9 near the intersection of Bennett’s Crossing in Cape May County, killing a husband and father of three.

As a New Jersey DWI defense attorney, I have represented individuals caught up in similar accidents. Fatal auto accidents involving drug or alcohol intoxication receive very close scrutiny by law enforcement authorities. Having a qualified drunk driving defense lawyer working for you is essential in cases like this one. The facts of this particular case are difficult to dispute.

According to police reports, around 8:30 in the evening of September 5, John J. Lawless from Philadelphia was driving in the northbound lane of Route 9 approaching Bennett’s Crossing in Lower Township, NJ. News accounts said that his car apparently failed to follow the slight curve in the road. Entering the southbound lane, Lawless struck, almost head-on, an oncoming vehicle driven by 50-year-old Fredrick H. Shelton.

July 28, 2009

Former American Idol Competitor Killed in Jersey Shore DWI Pedestrian Fatality

by Jonathan F. Marshall

The death of an innocent person is no time to say I told you so, but the recent fatal DWI accident in Ocean County involving 25-year-old American Idol contestant, Alexis Cohen, points up something that no one should ever contemplate when pulled over for driving while intoxicated. As a New Jersey drunk driving lawyer, I’m holding this incident up as an object lesson of what NOT to do. Never attempt to flee from the police. Nothing good can come of it.

In this instance, what might have been a relatively simple case of driving under the influence of alcohol coupled with a minor parking lot fender-bender instead turned into a tragic case of vehicular manslaughter. According to reports, a 23-year-old Toms River, NJ, man had left the scene of the fender-bender next to Hemingway’s Bar shortly before 4 a.m. last Saturday when his 2005 Mitsubishi Galant struck and killed Cohen, who was on foot.

The driver, Daniel Bark, allegedly hit a parked car in the lot adjacent to the bar, after which a bicycle-mounted Seaside Heights police officer attempted to stop the man. According to news reports, Bark fled west on Dupont Avenue and turned right onto Bay Boulevard, traveling north in the southbound lane. Authorities believe that this is where Bark hit the pedestrian, Ms. Miss Cohen.