Drug DWI

January 3, 2010

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

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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December 23, 2009

Arrested for Drunk Driving in New Jersey? A DWI Conviction is a Multi-step Process

by Jonathan F. Marshall

As a New Jersey drunk driving defense lawyer my job is to help motorists accused of DWI or driving under the influence of alcohol. My office also handles drug DUI (driving under the influence of prescription drugs, as well as marijuana and other substances). The road to a drunk driving conviction is now necessarily a long one, but it has many steps. I’ll outline the process here to help explain the usual stages of a DWI case.

Arrest
Whether you live in Newark, Atlantic City, Trenton or any of the dozens of cities and towns throughout the state, every DWI charge starts with an arrest. You should know that for a drunk driving traffic stop to be valid it stop must be supported by what the law defines as reasonable suspicion that a motor vehicle violation has been committed.

As per State v. Carpentieri, New Jersey’s Supreme Court held that a police officer must have an articulable and reasonable suspicion that a traffic law violation has in fact occurred before he or she may effect a DWI stop. Furthermore, once a motorist is stopped, that law enforcement officer must have probable cause to believe the driver of the vehicle is intoxicated before he or she can make an arrest and conduct a breathalyzer test.

Bear in mind that there is no right to advice from counsel at this early stage and therefore an attorney, in particular, an experienced DWI lawyer, will be of no assistance at this point in time.

Arraignment
The next step following an arrest for DWI, DUI, or breath test refusal in New Jersey is the arraignment. During this step, the defendant receives a Complaint. Once the Complaint is filed, the defendant makes his or her initial appearance at arraignment where the court informs the defendant of the charges. At this same time, the defendant is informed of his rights under the law and then he or she will enter a plea of guilty or not guilty.

If you hire a drunk driving defense lawyer to represent you, the initial appearance can normally be waived. The arraignment can be “adjourned” by the attorney sending a letter of representation to the Court advising it that you are represented, were advised of your rights, and that you are entering a “Not Guilty” plea.
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December 6, 2009

New Jersey Drunk Driving News: Driver Arrested for Drug-impaired DWI in Sussex County

by Jonathan F. Marshall

Driving under the influence refers not only to alcohol-related DWI but also to drug-related DUI. Whether a motorist is charged with drunk driving or drug-impaired driving, the penalties following a conviction can be stiff. As a New Jersey drunk driving defense lawyer, I have represented hundreds of motorists whose livelihoods hung in the balance following an arrest for driving while intoxicated.

A recent news story shows what can happen to someone arrested for drug-related impaired driving. According to reports, Hamburg police answered a 911 call on the afternoon of October 31, 2009, where they found the aftermath of a two-car collision at the intersection of

Quarry Road and Route 23.

November 15, 2009

New Jersey Police Blotter: Multiple Drunk Driving Arrests in Morris County

by Jonathan F. Marshall

Numerous drunk driving arrests occur every month throughout New Jersey. Morris County, among others, sees its share of intoxicated driving traffic offenses on a weekly basis. As a New Jersey DWI defense lawyer and former municipal prosecutor, I have a wealth of experience in the area of drunk driving defense. The following is just a sample of the typical driving under the influence of alcohol and drug DUI cases that move through our court system every year.

Boonton

A 32-year-old local resident was charged with driving while intoxicated, reckless driving and refusal to submit to breath tests in the early morning hours of September 15. The woman was released, pending a municipal court appearance. Several hours later a 28-year-old man from Phillipsburg was arrested and charged with DWI as well as reckless driving.

November 11, 2009

Drunk Driving Update: Defining Impairment for New Jersey Motorists

by Jonathan F. Marshall

In the state of New Jersey, the determination of whether a motorist is driving while impaired driving, at least as it pertains to alcohol use, involves a measurement of the suspect’s blood alcohol content (BAC). As a New Jersey drunk driving defense attorney, and former municipal prosecutor, I have handled all manner of drunken driving cases throughout my career. The establishment of a defendant’s BAC plays is a major role in any drunken driving case.

Strictly speaking, the law states that if an individual who is the operator of a car, truck, SUV or other motor vehicle is found to have a BAC of 0.08 percent or more, that person is guilty of drunk driving, also known as driving under the influence of alcohol, or more commonly, driving while intoxicated (DWI).

The term BAC refers to the amount of alcohol in a driver’s bloodstream. An important point to remember is that although the law makes reference to 0.08 percent BAC as the legal limit, one can still be convicted of drunk driving even if his or her BAC is below 0.08 percent.

October 27, 2009

Stand-up Comic and Howard Stern Regular, Arte Lange, Pleads Guilty to Drug DUI in Toms River, NJ

by Jonathan F. Marshall

Comedian Artie Lange who was involved in a minor Ocean County car accident last July recently pled guilty in Toms River municipal court to drug DUI charges, according to news reports. The comic, who has made frequent guest appearances on Howard Stern’s radio show, admitted to driving under the influence of a habit-producing drug in a minor traffic accident. The accident happened about 40 miles southeast of Trenton, NJ.

Whether it’s DWI or drug DUI, it is always important to have an experienced New Jersey drunk driving defense lawyer at your side. In Lange’s case, he admitted to being under the influence of legal prescription sleeping pills that he had taken the night prior to the wreck. Municipal court judge, James Ligouri, revoked the comic’s driving privileges for seven months.

The events leading up to this point were covered extensively in the media. Essentially, Toms River police arrested Lange for DUI after the 2009 Nissan Sentra he was driving ran into the back of a Pontiac Grand Am during in the afternoon of July 16.

September 4, 2009

Bergen County, NJ, Police Blotter: DWI and Marijuana / Drug DUI News

by Jonathan F. Marshall

Everyday, New Jersey motorists are stopped by local and state police for drunk driving offenses, as well as driving under the influence of prescription or illegal drugs. As a New Jersey DWI and drug DUI defense lawyer, I and my staff of attorneys and experienced legal professionals work diligently to defend drivers wrongly accused of driving under the influence of alcohol and other substances. The following news items represent the types of cases we handle on a day-to-day basis.

East Rutherford
A Hackensack man was arrested on August 11 in the late evening for drunk driving, breath test refusal and careless driving. The 57-year-old was picked up after he was involved in an accident on Swan Court. The driver’s 1990 Mercury was impounded and he was later released to the custody of his daughter.

A man in his late 50s was arrested on July 24 for possession of cocaine, having an expired inspection sticker on his vehicle, possession of drugs in a motor vehicle and operating a car with an open container of alcohol. The arrest occurred after the man was stopped at a DWI checkpoint on Paterson Avenue and Everett Place. He was subsequently released on summonses to his wife.

A 39-year-old from Rochester, N.Y., was arrested on August 11 in the early morning hours after he made an illegal U-turn on Route 17. The man was stopped by a patrol car and charged with DWI, refusal to submit to a breath test, illegal U-turn, careless driving and failure to signal. The driver was held in the local jail until he was deemed sober.

North Arlington
An 18-year-old, 19-year-old and 16-year-old juvenile, all from Kearny, were arrested in the early morning of July for possession of marijuana. The arrest occurred following an inquiry at Fisher Field off Sixth Street where police reportedly found a large quantity of cigar materials and marijuana on the pavement in the park, plus two bags of marijuana in the suspects’ car. The adults were released on summonses and the juvenile was released to his parents.

A 39-year-old man from North Arlington was arrested on July 25 for drunk driving, refusal to submit to a breath test, failure to keep right and careless driving. The traffic stop happened on Sunset and Prospect avenues. According to reports, the man’s car was impounded and he was subsequently released to a responsible party pending a court appearance.
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July 25, 2009

Police Blotter: Bergen County Drug DUI and DWI Arrests

by Jonathan F. Marshall

Police throughout Bergen County had a number of dunk driving and drug DUI arrests during the first half of July. With an office in Jersey City, our drunk driving defense attorneys can handle your Bergen County DWI, DUI or breath test refusal case quickly and efficiently. We represent many clients who have experienced situations not unlike the following driving while intoxicated arrests published in the local press.

Carlstadt — A 56-year-old man from Ridgefield Park allegedly passed out and hit a brand new 2009 Honda Accord parked on Sixth Street near Berry Avenue this past July 9. Police arrested the man for careless driving and also found 52.6 grams of marijuana in the suspect’s vehicle, as well as 54 tablets of Alprazolam. Discovery of the drugs caused the officers to write the man up for possessing drugs in a motor vehicle, being under the influence of drugs, possession of marijuana, or weed, and possession of drug paraphernalia, specifically rolling papers. The man was then transported to Hackensack University Medical Center.

Carlstadt — A Kearny man was stopped in the early morning hours of July 16 for speeding on southbound Route 17. During the stop, police determined that the 20-year-old man was intoxicated and allegedly had drug paraphernalia in his car. Officers then charged the man with driving under the influence of alcohol, possession of drugs in a car, careless driving, possession of marijuana and possession of drug paraphernalia (plastic dime bags). He was released on summonses to a responsible party.

July 21, 2009

NJ DWI Police Blotter: Mercer and Middlesex County Drunk Driving and Drug DUI Report

by Jonathan F. Marshall

West Windsor Township — In a potential marijuana DWI traffic stop a 17-year-old Hamilton, New Jersey, resident was stopped on a Saturday night along Route 1 by police for a routine traffic offense. The teenager was found to have a small amount of the controlled substance, or weed, in his vehicle and charged with possession of less than 50 grams of marijuana. After the stop, which occurred near Emmons Drive, the man was placed under arrest and taken to police headquarters for processing. He was later released to the custody of his mother.

West Windsor Township — Two potential drug DUI arrests were also made on Route 1, just days apart. A 29-year-old Hamilton man traveling southbound was pulled over on a Sunday morning for a traffic violation near Quakerbridge Road. During the stop, officers discovered a small amount of cocaine in the car. The man was subsequently charged with possession of that controlled substance. Several days later, a 21-year-old resident of Trenton, New Jersey, was stopped in the early morning hours for a traffic infraction near Meadow Road. Following the traffic stop on the northbound side of Route 1, police found evidence of drugs and charged the man with possession of cocaine.

Plainsboro — On an early Friday morning, a Willingboro resident traveling in a 2004 Acura was stopped for doing 75mph in a 55mph zone on southbound Route 1. The 23-year-old man, who was found to be intoxicated, was charged with drunk driving, speeding, reckless driving, failure to maintain a single lane and failure to carry auto insurance. He was released pending a future court date.

July 15, 2009

Howard Stern Regular, Artie Lange, Charged with Drug DUI after New Jersey Car Crash

by Jonathan F. Marshall

Comedian Artie Lange, who regularly makes guest appearances on Howard Stern’s radio program, has been charged with driving under the influence of an intoxicant following a Ocean County car accident last Friday. According to reports, Toms River police made the DUI arrest of the witty stand-up artist after the 2009 Nissan Sentra he was driving ran into the back of a Pontiac Grand Am in the early afternoon.

It is widely known that the performer has had trouble with substance abuse over the years, from prescription medicines and alcohol to heroin. Although the crash was not serious, with no injuries, police noted Lange’s odd behavior following the incident and decided to arrest him.

As a New Jersey DWI and DUI defense attorney, I have represented many clients that were arrested by police due to strange behavior after an automobile accident. Although Lange has had a history of substance abuse, it would be wrong to assume the man is guilty of drug DUI simply on that fact alone.

News reports indicate that Lange, who was on his way to a promotional event for his best-selling book, “Too Fat to Fish,” was released after being issued a summons to appear in court this Thursday, July 16 — on Tuesday Lange’s attorney entered a not guilty plea, stating the comedian had passed an Alcotest breath test, which probably rules out alcohol but says nothing about impairment due to possible drug use. If found guilty of a first-time drug DUI offense, Lange could receive up to 30 days in jail, a maximum of $1,000 and possible loss of his driver’s license for as long as 12 months.

Entertainment news outlets say that Lange’s physical and mental health has been showing some signs of improvement over the past few months. The heavyset comedian had reportedly lost more than fifty pounds as well as claiming total sobriety. He has been reported as saying that that he was in love with a new girlfriend, but that if he ever started using drugs again, she should “get the hell away from me.”
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