Articles Posted in DWI Injury Accident

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As New Jersey drunken driving attorneys we work to assist drivers who have been accused of DWI and drug DUI in Monmouth, Ocean, Passaic and other counties throughout the Garden State. Yet, even though we will fight for an individual’s right to defend themselves against a charge of drunk driving, we would also be the first to argue that deliberately getting behind the wheel when one knows he or she has had too much to drink is the best course of action.

There are so many potential scenarios surrounding possible DWI and DUI arrests that no one situation is ever quite the same as another. That said, it is important to note that being impaired by alcohol can reduce one’s ability to operate a vehicle properly, maintain a lane, or even remember to signal when executing a turn. The fact is, New Jersey state police and local municipal officers have a keen eye for motorists who may be exhibiting “typical” signs of impaired driving. Regardless of one’s level of intoxication, being stopped by a patrolman for a routine traffic infraction could lead to a DWI summons, a drunken driving arrest, or both.

It is also important to point out that while I and my staff of experienced DWI defense lawyers are trained in the law, we also know how easily it is to be injured or killed as a result of driving while impaired by alcohol or prescription drugs. While nobody welcomes a drunken driving arrest, the events leading up to that event could result in a driver being taken off the road who might otherwise have hurt themselves. In this respect, one can appreciate the action without accepting the consequences. Still, a defendant has the right to be heard, which is the least we can expect under the law.
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Being stopped for drunken driving is not something that most individuals imagine will happen to them, but every week across the Garden State dozens of motorists find themselves in the unenviable position of being written up for DWI or drug DUI. As New Jersey drunk driving defense lawyers, I and my colleagues are well aware of the potential humiliation and negative career impact that a drunken driving arrest entails, and this doesn’t even address the punitive monetary fines and surcharges that come following a DWI/DUI conviction.

For those who have already been stopped and issued a summons for driving while impaired by beer, wine, hard liquor or prescription medication, you know that the police and our court system are not very sympathetic to drivers who appear to be intoxicated behind the wheel. Being charged with DWI, or drug DUI, especially when found to be under the influence of controlled dangerous substances (CDS), is not something one should consider fighting alone. At the very least, it is advisable to consult with a qualified legal professional about the details of your case before stepping into a courtroom.

Being charged with operating a motor vehicle while under the influence of alcohol, prescription drugs or even marijuana or cocaine, is serious enough to merit careful steps going forward. While no DWI arrest is quite the same as the next, the results can be very similar; from fines and court fees totaling hundreds of dollars, to thousands of dollars in auto insurance policy surcharges over the course of several years, pleading guilty or being found guilty of drunken driving is just the beginning of a long road.
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As human beings, none of us can truly say that we are perfect in every way. As lawyers who defend individuals in civil and criminal court, I and my colleagues have come to recognize the occasional shortcomings of many a good-intentioned person prior to being arrested for drunk driving or drug DUI. Fortunately, in our society, we have laws and courts to decide the guilt or innocence of those who have been accused of breaking the law.

Penalties that are meted out to convicted defendants in cases of operating a vehicle under the influence can be expensive, to say the least, which is why it is always a good idea to consult with an experienced legal professional before stepping foot in a courtroom. As New Jersey DWI defense attorneys, my firm has years of experience in representing motorists who have been arrested and charged with driving while intoxicated by alcohol or drugs, either prescription or illegal substances such as cocaine, meth or marijuana.

In some drunken driving cases, the defendant is not only accused of DWI or DUI, but may also be charged with vehicular assault or even manslaughter by a motor vehicle. These are serious and potentially jailable offenses. Such was the situation arising out of a car collision that took place in Gloucester County last year. According to news reports, a Deptford Twp. resident was involved in a fatal crash along a stretch of Rte 41 on March 19 of last year. At the time, police said that the man had an open beer with him when his pickup truck apparently side-swiped another vehicle on the road, precipitating a serious accident.
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While the New Jersey’s state police and local PDs run pretty heavy drunken driving patrols from time to time, here in New Jersey the laws on drunken driving treat a DWI as a vehicle violation or civil offense. Unlike other surrounding states, our has yet to criminalize the mere act of driving while intoxicated. Of course, things can get much more involved when property damage or personal injuries are involved, so there is a fine line that a DWI or drug DUI defendant must be aware of.

As New Jersey drunk driving defense lawyers, I and my team of experienced defense attorneys know full well that an arrest for operating a motor vehicle while under the influence is not the same as a conviction. When it comes being convicted of DWI, it would appear that a significant percentage of the public would prefer that even a first-time offender face the same penalties as any criminal. Others feel that lumping convicted DWI offenders in with common criminals is perhaps excessive.

A non-scientific poll conducted by the editors of Patch.com illustrated the divide between those who would criminalize drunken driving offenses and those who feel drivers need at least some leeway, especially when it comes to first-time offenses. Naturally, many people are swayed by the headlines of hundreds and even thousands of innocent people killed by drunken drivers across the nation every year. And as of last May, New Jersey lawmakers have begun to look into the possibility of creating legislation to keep those arrested for repeat DWI off the road at least until their case is heard in a court of law.
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Here in the Garden State, we have the most densely populated areas in the entire country. As such, it can be expected that the frequency of criminal and civil offenses will be that much more concentrated. Whether one believes that drunken driving continues to be a problem in counties such as Ocean, Sussex, Bergen and Hudson, local and state law enforcement authorities are on a more or less constant alert to motorists who are possibly operating a motor vehicle while under the influence.

Impaired driving can encompass a range of activities, from driving while intoxicated by alcohol (such as beer, wine or hard liquor), operating a car or truck while impaired by a doctor-prescribed medication or pain killer, such as valium or oxycontin, or even an illicit drug like cocaine or marijuana. While alcohol and prescription medications are not illegal per se, their effect on a driver’s ability to control his or her vehicle can result in a chargeable offense. But, unlike these former two, illegal drugs (also known as controlled dangerous substances [CDS]) bring with them not only the potential for a traffic-related offense, but also the possibility of criminal charges as well.

The following news items are just a brief example of the types of arrest that take place every day in this state. As New Jersey DWI defense lawyers, my firm is committed to representing those individuals who believe themselves to have been falsely accused of drunk driving or drug DUI.
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No matter where you drive in the Garden State, be it Middlesex, Bergen, Union or Atlantic County, when a drunk driving traffic arrest involves a fatal car wreck, the stakes for the defendant rise considerably when it comes to walking into the courtroom for the first time. As New Jersey DWI defense lawyers, my job and that of my legal staff is to represent motorists accused of driving under the influence of alcohol or prescription drugs (drug DUI). Here in Jersey, law enforcement agencies and the court system can be quite strict about drivers picked up for operating a motor vehicle while impaired by beer, wine, alcohol or drugs.

Being arrested for driving while intoxicated is one thing, but being charged with a traffic accident that resulted in one or more death is a serious situation that usually requires the assistance of a qualified DWI attorney. Understanding the law is one thing, but having experience defending people against drunken driving and drug possession or drug impairment charges is important. As a former municipal prosecutor, I have worked both sides of the aisle in DWI and DUI cases.

Not long ago, following an Englewood car accident that resulted in the deaths of two people, 50-year-old Heriberto Callas was arrested by local police and charged with numerous violations including a couple counts vehicular homicide in the first degree. Calles, according to news reports, is a Bergen County business man and owner of an Englewood, NJ, janitorial service.
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Regardless of where a motorist receives a traffic citation or summons for drunken driving, be it Monmouth, Hudson, Union or Somerset County, being charged with drunken driving is nothing to sneeze at, especially in the Garden State. Aside from the heavy monetary penalties, one’s career, personal relationships and standing in the community can be adversely affected simply be an arrest, much less an actual conviction.

Representing motorists accused of driving under the influence is the job of qualified New Jersey DWI defense attorneys, such as the experienced drunk driving lawyers at my firm. While no one can predict the outcome of a drunk driving case, the odds are that much worse in matters involving property damage and personal injury. Without a doubt, nobody should wish for a DWI or drug DUI arrest in connection with a fatal traffic accident.

Nevertheless, fatalities involving alleged drunken driving occur with a fair amount of frequency here in Jersey and elsewhere across the country. This is not to say that police or the courts are jaded when it comes to arrests following fatal DWI accidents; it’s well understood that the authorities take a very dim view of drivers accused of fatal car crashes where alcohol or prescription drug use may have been involved.
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While I and my legal staff are experienced in the defense of motorists accused of driving under the influence of alcohol, we fully understand the dangers of operating a motor vehicle while in an impaired state. Whether one lives in Morris, Ocean, Atlantic or Monmouth County, the law treats every potential offender with the same statutes, fines and penalties. As New Jersey DWI defense attorneys, my firm knows that when it comes to underage drinking and driving, the situation can be just as serious, and sometimes more so, than if the defendant was an adult.

Here in the Garden State, the law provides for a “zero-tolerance” policy where underage drinking and driving is concerned. As set forth in N.J.S.A. 39:4-50.14, it is against the law for an individual under the age of 21 years to have ANY alcohol in their system while driving a motor vehicle. On the upside, if one can call it that, the law stipulates more relaxed monetary penalties and suspension periods for a young person convicted of underage DWI; these penalties are certainly less severe for an underage offender than those that apply to a driver of legal drinking age convicted of driving while intoxicated.

When considering underage DWI convictions, penalties can include a driver’s license suspension period of as little as 30 days compared to that of an adult DWI conviction of 90 days, at a minimum. Please keep in mind that although the penalties are reduced, it is usually wise to consult a qualified drunken driving defense attorney prior to showing up in court with one’s child accused of underage DWI.
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Having worked both sides of the aisle — previously as a municipal prosecutor and now as a defense attorney — I understand the methods and strategies that the state’s attorneys employ to attain drunken driving convictions in court. As New Jersey DWI defense lawyer, I and my colleagues represent all manner of clients, many of whom have been accused of driving while intoxicated, operating a motor vehicle under the influence of prescription medications (drug DUI) and even illicit drugs, such as cocaine, methamphetamine and marijuana.

One thing we know, as drunk driving defense attorneys, is that a DWI arrest (much less an actual conviction for impaired driving) can greatly affect one’s future employment, social standing, and family/marital relationships. While we understand that a drunk driving arrest is not desirable by any means, we also know that this does happen to many people, from all walks of life, and nearly every profession.

Surprisingly, even police officers can end up being arrested for drunken driving. From my years as a prosecuting attorney, I have a great respect for the hard work and dangers faced by our law enforcement officer every day. On the other hand, as a DWI defense attorney, I understand how easy it is for motorists to be accused of drunken driving here in the Garden State. What I cannot abide is when patrolmen and other officers of the court flout the very laws they are sworn to uphold and enforce.

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