Drug DWI

April 10, 2010

NJ Drunk Driving Update: Former Mets, Yankee Baseball Player Arrested for DUI in Bergen County

A former Yankee and Mets ball player was recently collared by New Jersey police on charges of driving under the influence of drugs. According to news reports, 45-year-old Dwight Gooden — major league baseball ace pitcher — was allegedly operating a motor vehicle in a drug-impaired condition with a child riding as a passenger.

As a New Jersey drunk driving defense lawyer, I know how serious this kind of charge can be, especially when a minor child may have been knowingly or unknowingly put in jeopardy because of the driver’s actions. This is why I always recommend that people who are accused of DWI, drug DUI, breath test refusal or other traffic offense tied to driving while impaired contact a qualified legal professional as soon as possible.

In this case, Gooden was placed under arrest on a Tuesday morning for the drug DUI offense as well as reckless driving and leaving the scene of an accident. The fact that the man may have been involved in a possible accident makes the situation that much more critical.

April 8, 2010

New Jersey DWI News: Morris County Teen Driver Eats Marijuana Stash to Avoid Possession Charges

by Jonathan F. Marshall

If the police find weed, cannabis, or marijuana in a motorist’s vehicle they will most likely issue a summons for possession in a motor vehicle. While young drivers may not think anything of this, believe me when I tell you it is a serious offense; one for which you would do well to have a qualified DWI and drug DUI defense attorney by your side.

You may ask, why? First off, New Jersey law prohibits anyone from driving a car, SUV or truck while at the same time knowingly being in possession of marijuana. The key word here is knowingly, but that is another topic for another day. Suffice it to say, this law is directed at operators solely and cannot be applied to other occupants of the vehicle.

As New Jersey drunk driving defense lawyer, I have represented people accused of marijuana possession in a vehicle, as well as driving under the influence of a controlled substance and simple DWI. The penalty for marijuana possession in a vehicle includes a mandatory two-year license suspension.

March 20, 2010

NJ DWI Defense News: Union County Driver Arrested by Roxbury Police in Apparent Drug DUI Accident

by Jonathan F. Marshall

A Union County resident was recently arrested for driving under the influence of alcohol and possession of illegal drugs following a Denville, NJ, traffic stop. According to reports the driver apparently left the scene after being stopped by Denville police. He then proceeded toward Roxbury where local police say the man crashed his vehicle trying to avoid capture.

Being a drunk driving defense attorney practicing in Morris, Union and other counties throughout New Jersey, I know that any attempt to evade or lead police on a chase will only make things worse once they catch up with the suspect. Indeed, it is a rare drunk driver who can out-think or out-drive any of the Garden State’s law enforcement professionals. Better to accept your situation rather than make things worse than they already are.

In this particular case, the driver ended up crashing his GMC Envoy in the municipality of Roxbury and he still was arrested for DWI and drug possession. According to news articles, the incident started with Denville authorities attempted to pull over 36-year-old Manuel Mosquera around 3pm on February 12. The man apparently tried to evade the Denville officers before they could get him to stop his vehicle.

March 10, 2010

NJ DWI News: Avalon Police Participate in Drug DUI and Drunk Driving Enforcement Campaign

by Jonathan F. Marshall

For drivers traveling in Cape May and surrounding New Jersey counties, news reports indicate that the Avalon Police Department and other law enforcement agencies are taking part in a DUI prevention campaign until March 17, St. Patrick’s Day. Known worldwide as a day of celebration, Saint Paddy’s Day can be a busy time for local police and state law enforcement agencies focused on arresting drivers found driving drunk, as well as violating other DUI and DWI laws.

As a New Jersey drunk driving defense lawyer, I have seen the effects of these enhanced enforcement campaigns. Many motorists are picked up on the road or at sobriety checkpoints, also known as DWI roadblocks. The penalties for drunk driving or drug DUI convictions can be very stiff and can also include jail time for repeat offenders. It’s always a good idea to seek professional legal advice if you or someone you know is arrested or receives a summons for driving while intoxicated.

According to reports, the Avalon Police Department is currently participating in an impaired driving prevention operation until the 17th. It’s no coincidence that this campaign coincides with St. Patrick’s Day, which police know involves the consumption of alcoholic beverages by many motorists.

March 6, 2010

New Jersey Drunk Driving Defense: Bergen County DWI and Drug DUI Police Blotter

by Jonathan F. Marshall

A number of recent DWI and controlled/dangerous substance (CDS) arrests in Bergen County, New Jersey, illustrate the ease and frequency of drunk driving and drug DUI arrests around the state. As a New Jersey DWI defense lawyer, my aim is to help my clients get a fair trial and to defend each individual against potential abuses or procedural errors on the part of the police.

Drunken driving has become a serious offense in New Jersey, as well as across the United States. This does not change the fact that every person accused of or charged with a DWI offense is considered innocent until proven guilty. As a former municipal prosecutor, I understand the techniques used by law enforcement to attain drunk driving convictions. The following news items reflect the kinds of arrests that occur on a weekly basis here in the Garden State.

Lyndhurst
A 33-year-old Rutherford man and a 32-year-old man from Lyndhurst, NJ, were each arrested on a late January evening in what could have been a drug DUI incident following a complaint of illegal fireworks in the 100 block of Copeland Avenue. Police identified a vehicle that allegedly left the scene of the incident and conducted a standard motor vehicle stop. In the course of the arrest, one of the occupants was charged with possession of a prescription drug without a prescription. The other man was charged with possession of marijuana, and found to have a $400 outstanding warrant. Both were subsequently released on summonses.

Rutherford
A 34-year-old New York man was arrested on a Thursday morning in late January for DWI and careless driving following a motor vehicle stop on westbound Route 3. According to police, the suspect was allegedly passed out behind the wheel when the officers approached the man’s vehicle. He was transported to Meadowlands Hospital due to his apparently high level of intoxication. Police later released the motorist on summonses.

A 20-year-old Kearny driver was arrested on January 30 in the early morning hours for DWI and failure to keep right. Police reported that the suspect made an illegal left turn onto Station Square and then began driving the wrong way before officers pulled him over. The driver reportedly failed a field sobriety test and later registered a 0.12 percent reading on the breath test. The man was subsequently released on summonses.

East Rutherford
A Rutherford resident was arrested in the early morning hours of a Sunday, charged with DWI. According to reports, witnessed flagged down a patrolman regarding a vehicle that had been observed swerving on southbound Route 17. Police reported locating the vehicle and its 25-year-old driver in a parking lot on the corner of Hoboken Road and Enoch Street. The motorist allegedly failed a field sobriety test, after which he was transported to Hackensack University Medical Center due to his being visibly impaired by alcohol.
Continue reading

February 25, 2010

New Jersey DWI and Drug DUI Defense: Drunk Driving Police Blotter

by Jonathan F. Marshall

While it is true that not all DWI arrests and drunken driving summonses result in a conviction for driving while intoxicated, a percentage of New Jersey motorists cited for driving under the influence of alcohol are found guilty. As a New Jersey drunk driving defense attorney, I and my colleagues handle dozens of drunk driving, breath test refusal and drug DUI cases every month.

Whether you have been arrested for DWI or for operating a motor vehicle under the influence of illicit or prescription drugs, it is advisable to retain the services lawyer. The following selection of recent drunken driving incidents illustrates the possible scenarios of DWI arrests and other DWI-related charges.

Whether you live in Newark, Trenton, Atlantic City or any of the other cities and towns throughout New Jersey, remember that a DWI conviction will likely affect your life in an adverse way.

A 27-year-old Lyndhurst motorist was arrested for driving while intoxicated (DWI) in late January. The incident occurred just before 2pm, according to police reports. Two police officers stopped the driver for speeding on Route 3 near Passaic Avenue. While interviewing the man, the officers allegedly detected signs of intoxication. They reportedly administered several field sobriety tests, which the driver was unable to pass. He was arrested and charged with DWI after registering a blood-alcohol content (BAC) of 0.31 percent on a breath-testing device. He was also issued summonses for speeding, failure to wear a seatbelt and failure to maintain his lane.

A Clifton resident was pulled over and arrested in the morning of January 30. According to police reports, officers responded to Van Houten Avenue on a report of a possible drunk driver in a 2006 Chevrolet. At the scene the officers found the vehicle and questioned the 26-year-old driver. During this time, the officers apparently detected signs of intoxication. They arrested the man who only registered a 0.02 percent BAC on a breath test machine. After officers searched the man, they allegedly found the drug Xanax on his person. During the questioning, the motorist admitted to having taken Percocet, Vicodin and two Ambien pills before getting into his car and driving. He was charged with possession and use of CDS (controlled dangerous substance). He was also charged for having an outstanding warrant.
Continue reading

February 12, 2010

NJ Drunk Driving News: Middle Township saw most DWI Cases in Cape May County

by Jonathan F. Marshall

Recent statistics released for Cape May County indicate that Middle Township saw the most DWI cases than any other municipality in the county. Out of 477 drunken driving cases throughout the county, Middle Township had 82 cases — this translates to 17 percent of the entire county’s driving while intoxicated prosecutions.

As a New Jersey drunk driving defense attorney and former municipal prosecutor, I understand the techniques that the township’s attorneys typically use to secure a conviction for driving under the influence of alcohol. Based on the recent news article, Ocean City saw the most court cases overall, but lagged behind Middle Township by nearly three dozen DWI cases.

On a percentage basis, DWI cases accounted for less than one-half percent, while in Middle Township drunk driving accounted for just over two percent of all court cases. Although Upper, Lower and Dennis townships all had less DWI cases, the percentage of drunken driving prosecutions out of all cases exceed that of Middle Township.

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.
Continue reading

January 12, 2010

NJ Drunk Driving Defense Update: Financial Impact of a DWI Conviction in New Jersey

by Jonathan F. Marshall

Driving while intoxicated, DWI or driving under the influence, whatever term you use it all adds up to lost driving privileges and extensive fines, not to mention possible job loss and being disgraced in the eyes of your family or local community. Here in New Jersey, being convicted of a drunk driving charge can result in a range of possible actions by the court to punish the convicted drunk driver.

As a New Jersey drunk driving defense attorney my firm represents hundreds of individuals every year in cases of driving under the influence of alcohol. A number of these cases involve human as well as social costs. Even under the best of circumstances, the financial cost of a DWI conviction can result in expensive court fines as well as higher insurance rates for years to come.

The stigma alone of a alcohol-related DWI or drug DUI conviction can affect a person’s standing in the community, possible loss of a job, or potential damage to relationships with family and friends.

January 5, 2010

NJ DWI Defense News: Do Heavy Fines Affect the Frequency of Drunk Driving in New Jersey?

by Jonathan F. Marshall

It’s no secret that driving while intoxicated in the New Jersey area can be hazardous to the person who has been drinking, as well as others on the road. Secondarily, the penalties for DWI in the Garden State can carry heavy fines and even jail time.

Although most people do not intend to be charged with drunk driving, the penalties for operating a motor vehicle while under the influence of alcohol are designed to penalize anyone who breaks the state’s drunken driving laws. As a New Jersey DWI defense lawyer, many of the people whom I have represented over the years are first-time drunk driving offenders.

According to the National Highway Traffic Safety Administration (NHTSA), last year 154 people were killed in automobile collisions that involved at least one intoxicated person. That figure is reportedly down from 2007, in which 201 people died in DWI-related accidents. 2008 is the latest year for which complete statistics are available. In addition, drunken driving arrests dropped six percent, based on data provided by the state police.