Articles Posted in DWI Injury Accident

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Though we’ve said it many times here, it always bears repeating: climbing into a car or truck while possible intoxicated by alcohol or some other substance is a potentially dangerous activity. As a New Jersey drunken driving defense attorney and former municipal prosecutor, I understand the consequences of operating a motor vehicle while impaired. Certainly being stopped by police is a bad situation if one is found to be drunk at the time, but causing an accident — especially a fatal car crash — is something nobody wishes for.

This said, it should be obvious that injuring or killing another person as a result of an alleged drunk driving traffic will not sit well with the police or the court of the municipality in which the offense occurred. The complications of such an event mean that the defendant should seriously consider enlisting the services of a qualified and experienced DWI defense attorney.

Newspapers and the internet are filled with stories of motorists involved in bad situations not always of their own making, but nonetheless human nature being what it is, there will likely always be traffic accidents caused in some way, shape or form by alcohol use; not to mention impaiment by prescription medication or illegal drug use. As motorists ourselves, we cannot escape that reality, but we can remind people to be cautious, enlist the services of a designated driver, or take a cab or bus when one is intoxicated and unable to drive competently.
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Regardless of location, be it Ocean, Bergen, Middlesex County or any of the dozens of cities and towns that make up the Garden State, drunken driving arrests occur randomly yet with extreme frequency. In fact, it’s rare to pick up a news paper or go online and not read of a police arrest arising from a motorist who allegedly was driving while intoxicated.

As New Jersey DWI defense attorneys, I and my colleagues routinely meet individuals accused of driving under the influence of alcohol, doctor-prescribed medications (drug DUI), and even illicit drugs and illegal substances, such as cocaine, marijuana and methamphetamine. In all these cases, the circumstances are going to be slightly different, although the outcome of any one drunk driving or impaired driving case can mean stiff fines and monetary penalties, loss or suspension of driver’s license, and occasionally jail time.

Just as in many counties across the state, Hudson County has its own problems with drivers who either choose to drive while intoxicated or may not have understood how drunk they may have been at the time of their arrest. The following news items illustrate the ways in which drivers can find themselves in trouble with the law.

Jersey City Police Arrest Man for DWI after High-speed Chase
A man from East Orange was arrested by police following a high-speed car chase in Jersey City. According to police reports, a Pontiac Grand Am was seen hitting another vehicle in the northbound lanes of Kennedy Blvd, then blowing though a red stop signal before turning east on Danforth Ave. Police gave chase, but the suspect apparently did not pull over; rather the driver reportedly ignored another red light and then drove away on Old Bergen Rd with its lights allegedly turned off.
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For those who have been arrested or charged with driving under the influence of either prescription drugs or other, possibly illegal substances (also known as drug DUI), you may wonder if the police and the prosecutor’s office have the necessary evidence to secure a guilty verdict in court. Depending on the circumstances, one should always consider consulting a qualified DWI defense attorney; one with experience in representing motorists charged with drunken driving and drug DUI.

As New Jersey drunk driving defense lawyers, I and my colleagues are trained to work with the facts and understand the State’s evidence against and individual. Whether one lives or works in Bergen, Monmouth, Ocean or Atlantic County, the law is clear when it comes to charges related to DUIs tied to prescription medication and even illicit drugs like marijuana and cocaine.

Defending a person accused of drug DUI has certain differences from an alcohol-related DWI case. Here in the Garden State, a charge of drug DUI can be levied against a New Jersey motorist who may be suspected of driving while impaired due to a possible controlled dangerous substance (CDS) or doctor-prescribed medication. These include any narcotic, hallucinogenic or habit-forming drug.
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Fighting a drunken driving charge is serious business and should never be taken lightly. Guilty or innocent, anyone who has been charged with DWI or drug DUI (usually because of alleged impairment due to prescription medication) needs to understand that the financial and social implications of a drunk driving conviction can have long-term effects on an individual and his or her family.

Too many times, a defendant has stepped into a New Jersey courtroom without the aid of an experienced legal professional only to lose his case and be hit with heavy DWI-related fines and penalties. As New Jersey DWI and DUI defense lawyers, I and my staff know the ins and outs of the state’s legal system, and drunken driving law in particular. As a former municipal prosecutor myself, I have first-hand experience from the other side of the aisle regarding the methods and tactics of the state’s legal representatives.

As a cautionary note coming from one who knows the potential pitfalls of a poorly executed DWI defense, the last thing a defendant wants to have, in addition to an actual DWI arrest, is charges related to a fatal car crash allegedly occurring as a result of being impaired while operating a motor vehicle. Serious consequences can result from a conviction for negligent driving, vehicular assault, or manslaughter by motor vehicle.

According to news reports, an Ocean County, NJ, resident was recently indicted on the charge of vehicular homicide, as well as numerous other charges following a fatal car crash on the Garden State Parkway in Monmouth County last April. Based on police reports, 20-year-old Eric Pereira was allegedly intoxicated while using a cellphone and exceeding the posted speed limit when his vehicle rear-ended a van, which fatally injured a 43-year-old Middletown man.

Based on a joint investigation carried out by the NJ State Police and the Monmouth Co. Prosecutor’s Office, the April 2 crash occurred around 11am as Pereira was headed south in the local lanes of the Parkway at what police describe as a “high rate of speed.” According to reports, Pereira’s vehicle hit the victim’s van from behind, causing that vehicle to hit a nearby guardrail, flip over and slide into the Parkway’s express lanes.
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With nearly nine million residents, the Garden State has the greatest population density of all 50 states, which might explain the constant stream of drunk driving arrests all across the state. As New Jersey DWI defense attorneys, I and my staff of experienced litigators understands how easily a motorist can become entangled in the state’s legal system following a seemingly simple traffic stop.

The fact of the matter is, nobody expects to be pulled over by a state police trooper or a local municipal patrolman, however police stops for minor traffic violations can many times precipitate into an arrest for driving while intoxicated. Anyone who has ever gone to an acquaintance’s home for a birthday celebration or gone out with friends to enjoy a pleasant evening eating good food and having some wine or after-dinner drinks will likely recall the concern of being stopped for a DWI.

Even if a person isn’t a drinker, the use of doctor-prescribed medication can have an unexpected affect on a driver’s ability to operate a motor vehicle, which may not have been immediately obvious. Just the same, however, once a police officer has stopped a driver for a traffic infraction, the opportunity for a DWI or DUI is always there.

As the following items from the Cranford, NJ, police blotter illustrate, being stopped for driving under the influence of alcohol or drug DUI is neither uncommon nor exceptional. In fact, these reports are typical of the drunk driving cases that come through New Jersey courtrooms on a weekly basis.
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Having worked as a municipal prosecutor handling hundreds of cases involving the prosecution of Garden State motorists for drunk driving offenses, I know how hard our state and local police officers work to protect the rest of us on public roads and byways. This is by no means an easy job, and I and my staff of experienced New Jersey DWI defense lawyers understand the pressures and dangers that these public servants face on a daily basis.

Of course, that said, there is little excuse for ignorance of the law, especially by the very individuals who are entrusted with the job of upholding those same laws. When a patrolman, judge or other officer of the court flouts the law, it hurts us all. Naturally, as drunk driving defense attorneys, I and my colleagues know that many people are accused of crimes and offenses that they did not commit. It’s our job to represent these individuals in order to help them achieve justice.

Driving drunk is a serious offense, and being convicted of intoxicated driving, drug DUI, or other drunken driving charges can result is heavy penalties, not to mention increased automobile insurance premiums. The social stigma of a conviction for driving under the influence of alcohol, prescription medication or illegal drugs, such as marijuana or cocaine, can be life-changing. Just the news of being arrested for DWI can result in severed personal and business relationships.

In short, a DWI is nothing to take lightly and deserves the attention of a qualified DWI-DUI defense attorney. An example of the serious consequences of allegedly driving drunk can be found in the news every week. Whether the incident takes place in Bergen, Ocean, Monmouth or Passaic County, the results can be devastating to one’s career and private life.
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As New Jersey DWI attorneys, I and my staff of experienced drunken driving defense lawyers are well aware of the heavy penalties levied against drivers convicted of operating a motor vehicle while under the influence of alcohol on public roads. My firm also know that state law enforcement agencies and the judicial system have little tolerance for underage drinking, DWI, and other alcohol-related offenses committed by teens and other minors.

It makes little difference if the offense occurs in Ocean, Sussex, Cape May or Mercer County, when an underage individual is caught by police with an alcoholic beverage, or worse, drunk as a result of consuming beer, wine or liquor, a potential conviction can have a serious impact on that youngster’s life going forward.

According to New Jersey law, any individual who consumes alcohol must 21 years old or more. This not only applies to drinking beer or wine, but also to purchasing or possessing it. To put it simply, underage drinking in the Garden State is strictly illegal. Not only are the police and our courts very strict about underage alcohol possession, as well as teenage drinking and driving, the legal consequences can be rather severe as well.
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For anyone who thinks that having a can of beer, glass of wine or shot of whiskey while operating a watercraft in New Jersey waters is not the same as driving a passenger car after having a drink of alcohol, think again. New Jersey law enforcement agencies in Monmouth, Atlantic, Ocean and Bergen counties are serious when they say that boating under the influence (BUI) is just as serious as driving while intoxicated (DWI).

As New Jersey drunken driving defense lawyers, my firm offers consultation and representation to motorists and boaters who have been arrested for and charged with driving a car or piloting a boat while under the influence of alcohol. But it doesn’t end there; motorists and boaters alike have been charged with other related offenses, such as possession of marijuana or other controlled dangerous substance (CDS). Like DWI, a drug DUI charge can turn into a conviction, which can result in heavy penalties and even jail time, depending on the circumstances.

Not long ago, a New Jersey boater was arrested following an apparent fatal BUI incident in Middletown, NJ. According to news reports, 39-year-old George Harrington was arrested in connection with a boating accident that allegedly caused the death of his only passenger on Saturday, July 23. Based on police reports, Harrington was charged with drunk driving on a portion of the Navesink River after the watercraft he was piloting struck a second boat carrying five other individuals.
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According to news reports, witnesses in the fatal DWI traffic accident case against former “Melrose Place” actress Amy Locane stated that the TV star was found allegedly “giggling in a ditch” following the fatal 2010 drunken driving wreck that killed the driver and occupant of a second vehicle in June last year. Witnesses, including the police officer assigned to monitor the former star, stated that the woman was happy and laughing post-crash.

Whether one lives in Somerset County where this accident happened, or Ocean, Middlesex or Bergen counties, as a New Jersey DWI defense lawyer I can tell you a drunken driving charge is severely complicated when an motor vehicle accident is also involved, much less a fatal traffic wreck. Based on news reports, the judge in the case could be allowed to give their testimony against the defendant.

These witnesses reportedly heard statements made by Locane prior to the woman’s arrest on June 27, 2010, after her Chevrolet Tahoe smashed into a second vehicle carrying a man and his wife; 60-year-old Helen Seeman, a resident of Hopewell Township died as a result of the collision. Initially prosecutors challenged the Locane defense team’s request to call a police detective and another driver allegedly hit by the defendant prior to the accident, stating that those individuals should not be allowed to testify as witnesses because they were not present at Locane’s arrest.

One of those potential witnesses for the defense was the driver of a Honda Odyssey which was allegedly hit by Locane’s vehicle earlier that evening. Following the suspect, Maureen Ruckelshaus, apparently had an interaction with Locane earlier that evening before the fatal drunken driving accident that killed Seeman. Defense lawyers believe that Ruckelshaus could provide testimony that might offer the court a window into Locane’s state of mind and demeanor on that day.
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It appears that many of the stories we find in the news these days involve accused drunken drivers who have become involved in a car or truck accident as a result of their alleged alcohol consumption or use of prescription medication (drug DUI). A smaller percentage of accidents also involve individuals accused of illegal drug use, such as marijuana or cocaine (otherwise known as controlled dangerous substances, or CDS for short).

Regardless of whether a motorist lives or works in Sussex, Monmouth, Ocean or Passaic County, the aftermath of a potential DWI or drug DUI conviction can haunt a person for years following the initial incident. For this very reason it is always a good idea to retain the services of a competent and qualified drunken driving defense lawyer, if only to determine what your options might be following a DWI arrest.

For those picked up by police for drunk driving as a first offense, it may seem too easy to accept the penalties and plead guilty, while under the false impression that only one DWI conviction will not cause too much upheaval in one’s life. Or those people who believe this is the best approach to a DWI-DUI arrest or summons, we couldn’t disagree more.

To start, accepting a guilty plea for a first-time drunken driving offense may seem to be the easiest way to go — and believe us, it is for the prosecuting attorney handling the case — this is not going to make one’s life easier. The penalties for a first offense may be slightly less than a second or third DWI offense, but the impact to one’s auto insurance rates as well as the potential damage to one’s personal and business reputations could be catastrophic.
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