DWI Injury Accident

June 26, 2010

Union County, New Jersey, DWI Police Blotter: Cranford Drunk Driving and Drug DUI Arrests

Marijuana and Drug Possession in a Vehicle

While not an instance of drug DUI, an Elizabeth, NJ, man was arrested on a Sunday evening after being stopped for driving with an obstructed view Law enforcement officers will usually use a common traffic infraction, such as incorrect lane change or inoperative brake light, to initiate a traffic stop that might result in a further drunken driving or prescription drug DUI arrest. In this particular case, the officer charged the driver with possession of marijuana, possession of drug paraphernalia including a hypodermic needle, and possession of suspected Oxycodone. The man was also served with summons for operating a motor vehicle with an obstructed view, driving under a suspended driver’s license, not to mention possession of a controlled and dangerous substance (CDS) in a motor vehicle.

Drunken Driving Arrest following Accident

June 23, 2010

New Jersey DWI Update: Drunk Driving Enforcement Extends to Boaters on Jersey Coastline, Inland Waterways

by Jonathan F. Marshall

When it comes to driving under the influence of alcohol on New Jersey’s public roads, “tolerance” is by no means a word found in the vocabulary of the state’s law enforcement community. Similarly the state has no patience for drinking and piloting a boat along the Garden State’s coastline, its lakes or rivers and estuaries. DWI on the high seas, so to speak is just as serious an offense as here on land.

What’s surprising is that boat owners don’t always consider that the same standards which govern drinking and driving on public roads also apply to the operation of watercraft. Boaters must observe the same drunken driving laws as car, motorcycle and truck owners. Because of this, individuals who violate the DWI laws while boating are also subject to arrest for driving while intoxicated. And also included with this are those related offenses, such as prescription drug DUI and breath test refusal when the operator of a boat has a blood-alcohol concentration (BAC) in excess of 0.08 percent.

New Jersey’s statutes governing operation of a boat while under the influence of alcohol or drugs are nearly identical to those that pertain to DWI with a motor vehicle. The penalties are also closely related. The implied consent laws that oblige a licensed driver to submit to a breath or blood test following a drunk driving stop also applies to the operator of a watercraft in New Jersey.

June 5, 2010

NJ Appellate Court: Liquor Stores Not Protected Against Lawsuits by Drunk Drivers following DWI Injury Accidents

by Jonathan F. Marshall

A recent New Jersey appellate court ruling has opened the door to lawsuits from obviously intoxicated customers who purchase liquor prior to being involved in a DWI-related injury accident. The ruling essentially states that liquor establishments, such as beer and wine shops, are not protected under the same New Jersey statutes that prevent third parties from being sued by drivers found to be at fault in a car accident as a result of driving under the influence of alcohol.

The court explained its decision stating that drivers who endanger public safety by driving while intoxicated should be penalized by being stripped of their right to suing third parties, however those owners of stores licensed for the sale of alcohol have a legal obligation to avoid serving drunken customers and then allowing them to go forth and travel New Jersey roadways (Voss v. Tranquilino, No. A-5431-08T1).

It was suggested that the state legislature was likely wrong to have imagined that the instances of drunk driving on Garden State roads would have been reduced by essentially “immunizing” beer-, wine- and liquor-sales establishments from lawsuits filed by drivers arrested for DWI-related traffic offenses.

June 2, 2010

Comatose Woman Dies following 2007 Fatal Drunk Driving Accident Caused by Ex-New Jersey Cop

by Jonathan F. Marshall

Having worked for many years as a municipal prosecutor I gained a healthy respect for the people serving in law enforcement. Now as a New Jersey DWI defense lawyer, I defend motorists accused of driving while intoxicated, arrested by some of those very same officers. While I admire the dedication of our police and their commitment to public safety, it gives me pause when I read about patrolmen and other individuals associated with law enforcement who flaunt the very laws they are sworn to uphold.

Being accused of drunken driving is nothing to be taken lightly, especially when fines and jail time are fairly heavy and the social stigma of being convicted of driving under the influence of alcohol can very often ruin reputations and business careers. The police, like other persons of authority, have a duty to be exemplary role models to the rest of society.

A recent news article reminds all of us that police officers do not always practice what they preach, and sometimes cause great harm when ignoring the law themselves. Based on reports, forty-year-old Ruth Zelaya died on March 24 as a result of “complications from a 2007 car crash that killed her 2-year-old son and left her in a comatose state until her recent passing.

May 28, 2010

Morris County Police Arrest New Jersey Driver after DWI Crash into Chatham Waterway

by Jonathan F. Marshall

Following a potentially deadly early-morning single-vehicle accident in Chatham Township, a Morristown man was arrested and charged with drunken driving. This kind of accident and subsequent DWI arrest is not uncommon, though in this case the man was perhaps lucky that he made it out alive. As a New Jersey drunk driving defense attorney, my main concern is to see that motorists get a fair shake in court.

The apparent drunk driving incident in question occurred around 1:30am in mid April, according to news accounts. Police had responded to a report of an overturned vehicle laying in the brook on Loantka Way in Chatham. Based on police investigation following the accident, the 37-year-old driver allegedly hit a utility pole with his car and then rolled into the nearby brook.

Shawn Beckler of Morristown had reportedly been traveling along Loantaka Way from Shunpike Road toward Spring Valley Road when he apparently failed to negotiate a curve in the roadway. Traveling straight, Beckler’s vehicle struck a utility pole before hitting a fence and a stand of trees, then overturning and ending on its hood in the brook.

April 24, 2010

New Jersey Drunk Driving Defense News: Morris County Man Arrested for DWI; Resisting Arrest

by Jonathan F. Marshall

The outcome of charges arising from a drunken driving arrest, like many offenses tried in court, can be influenced by numerous factors. These can include the police officer’s initial evidence of intoxication, the breathalyzer or blood test results, circumstances surrounding the arrest and whether or not law enforcement personnel followed proper procedures when gathering or handling any evidence related to the DWI case.

When it comes to circumstances, it’s critical to remember that how a motorist conducts himself can influence how the police react and how the court views the defendant in the courtroom. For many people, being drunk or even slightly tipsy can bring out hidden personality traits, so there is no telling sometimes how a motorist will act when pulled over for allegedly driving under the influence of alcohol, prescription drugs or marijuana, cocaine or other dangerous controlled substance (CDS).

While there is no guarantee that acting the part of a model citizen during a DWI or drug DUI traffic stop will gain you any points for style if and when your case goes to trial, it can’t hurt either. Sometimes, accepting your circumstances is the best path, especially when dealing with a law enforcement officer.

April 20, 2010

New Jersey Drunk Driving News: Driver Flips Vehicle in Monmouth County Drunk Driving Crash

by Jonathan F. Marshall

While there are a variety of drunken driving charges, those involving vehicle accidents are more serious than simply being pulled over for a minor traffic violation and then issued a summons for DWI. As a New Jersey drunk driving defense lawyer, I and my colleagues have represented hundreds of motorists charged with driving while under the influence of alcohol or prescription drugs.

Some of these people were involved in serious accidents, while others were simply going about their business when they were stopped by a police office on suspicion of driving while intoxicated, or just a normal traffic violation that ended up turning into a full-blown DWI or drug DUI charge.

A smaller percentage of drivers are arrested for operating a vehicle while impaired by alcohol or a controlled and dangerous substance (CDS) as a result of a fatal traffic accident. As a DWI defense lawyer practicing throughout the Garden State, I will say that the most serious cases involve fatal wrecks or very serious injury accidents.

April 6, 2010

Drunk Driving News: Former New Jersey Nets Star Pleads Not Guilty to DWI Crash

by Jonathan F. Marshall

It’s obvious that professional athletes and other well-known personalities get into their fair share of trouble from time to time. Drunken driving, driving under the influence of alcohol, prescription drugs or marijuana, even illicit or illegal drug DUIs are common. As a New Jersey drunk driving defense attorney, I and my colleagues represent numerous clients accused of these and other impaired driving offenses.

According to a news report, former Nets player, Jayson Williams, asked the court to toss out a DWI (driving while intoxicated) charge he received earlier not long ago in Manhattan. The NBA star claimed he had done nothing illegal and was simply sitting in his damaged Mercedes when local police arrested and charged him with driving under the influence.

The basketball star’s DWI defense lawyer filed a statement along with other documents explaining to the court that Williams “had not, was not, or was not about to do any act which constituted a crime.” According to reports, Williams is serving a five-year prison sentence in New Jersey after pleading guilty to aggravated assault for fatally shooting a limo driver in 2002.

March 31, 2010

Morristown Judge Sentences Oak Ridge Man to Three Years in Prison for DWI Injury Accident

by Jonathan F. Marshall

A resident of Oak Ridge, NJ, was recently given three years in jail for a May, 2009, drunk driving accident that left a 71-year-old newspaper delivery man with multiple injuries. As a New Jersey DWI defense attorney, my firm handles drunken driving cases through the Garden State. I know from experience that severe injury accidents involving alcohol can land a motorist in prison very easily.

In this particular case, the defendant was found guilty of operating a motor vehicle while intoxicated. Furthermore, the man had apparently tried to elude Jefferson Township police while driving drunk a second time months after the accident, something that never improves one’s chances in court. As a former municipal prosecutor, I understand the strategies used by prosecuting attorneys when it comes to DWI offenders.

According to news reports, Superior Court Judge David Ironson sentenced 23-year-old Ibrahim Hasan to three years in prison for having deprived the victim, Oak Ridge resident Jerry Begley, of what should have been his golden years.

March 16, 2010

Former New Jersey Police Officer Goes to Prison for Fatal DWI Pedestrian Accident

by Jonathan F. Marshall

When it comes to car-pedestrian accidents, the person on foot rarely has a chance. Add alcohol consumption into the mix and that’s a potentially deadly combination. The trial of a Jersey City police officer who was arrested for the drunk driving death of a pedestrian has recently come to its completion. According to news reports, the off-duty officer faces up to 10 years in prison for killing a pedestrian in an out-of-state DWI crash.

As a New Jersey drunk driving defense attorney, I have been on both sides of the aisle in cases similar to this one. An arrest for driving under the influence of alcohol, breath test refusal or prescription drug DUI is already a serious situation that calls for the assistance of a qualified drunk driving lawyer. In cases involving a fatality, whether pedestrian or another driver, an experienced DWI attorney is a necessity.

Based on news articles, the incident that led to the arrest occurred in Manhattan back in Early 2009. At that time, the former officer, Martin Abreu reportedly had a blood-alcohol content of 0.124 percent when he struck and killed 26-year-old Huang “Marilyn” Feng. Based on reports, Abreu’s police partner was riding in the car with him at the time of the collision.