DWI Injury Accident

July 2, 2011

Police Charge Bergen County Driver in Drunken Driving Injury Accident

When it comes to driving under the influence of alcohol or prescription medication (drug DUI), the legal system in New Jersey can be very strict regarding sentencing for anyone convicted of DWI. Regardless of whether you live in Atlantic, Ocean, Middlesex or Union County, a drunken driving arrest is nothing to take lightly. Add to that a possible injury accident and most motorists should certainly consider talking to a qualified drunk driving defense lawyer.

As DWI attorneys serving drivers throughout the Garden State, I and my colleagues have vast experience in representing individuals charged with driving while intoxicated (DWI), drug DUI (including marijuana possession in a motor vehicle) and breath test refusal. One thing we would suggest to anyone who attends a summer picnic or evening pub gathering is not to drink and drive. Most certainly, do not end up causing a traffic accident if you are in any way inebriated.

Not long ago, a resident of Bergen County found himself on the wrong side of the law when he reportedly crashed his car, injuring himself and all three of his passengers. According to news articles the wreck happened early Sunday morning when 20-year-old Ryuichi Nakada — a resident of Bergenfield, NJ — apparently lost control of his 2007 Nissan along a stretch of Hackensack Ave.

Based on reports, the Altima sedan for reasons unknown at the time of the accident struck a concrete lane divider, then hit a utility pole overturned onto its roof and eventually ended up in a nearby restaurant parking lot. Eye witnesses to the crash told officers that the vehicle was going northbound when it hit the median barrier near the entrance to Route 4 west. Police believed that the driver was drunk at the time of the impact.
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June 25, 2011

Mercer County DWI News: Hunterdon County Driver Pleads Guilty to Fatal DWI Accident in Trenton

by Jonathan F. Marshall

While most people arrested and charged with driving while under the influence of beer, wine or hard liquor do little more than catch the eye of an observant police officer while operating their vehicle in a possible suspicious manner, other individuals charged with driving while intoxicated occasionally cause an accident. Of those drivers that do hit another vehicle while impaired by alcohol or prescription medication (drug DUI), some regrettably kill one or more people in the process.

As DWI defense attorneys here in New Jersey, we understand how a motorist can be accused of DWI following a routine traffic stop. Those that are convicted can expect relatively stiff fines and other penalties. But as bad as a DWI conviction can be, combining it with a fatal traffic collision is something nobody wants to experience.

Not long ago, a motorist from Lambertville admitted to driving while intoxicated when he caused a traffic accident that killed his passenger and injured two other people. As a result of a plea agreement, 25-year-old Jorge Orellana, a resident of Hunterdon County, NJ, was due to be sentenced to five years in jail in relation to the traffic crash that caused the death of 19-year-old Alonso Bautista in October 2010. Based on court records, Orellana will have to serve at least 85 percent of his sentence before he can even be eligible for parole.

June 19, 2011

Pennington Motorist Gets 3 Years for Injuring Motorcyclist in DWI-related Hit-and-Run Crash

by Jonathan F. Marshall

When it comes to defending motorists against charges of drinking and driving the subject of unintended consequences comes up from time to time. While no one who takes a drink at a restaurant, bar or family gathering expects to be stopped by the police when driving home, it is a distinct possibility. The same goes for those people who fail to realize the effects of certain prescription medications, which may cause drowsiness or reduced ability to control a motor vehicle on public roads.

As a New Jersey drunk driving attorney, I and my staff of experienced DWI defense lawyers understand how the seemingly minor act of having a drink with friends can precipitate a drunken driving arrest. (And for those who occasionally take a puff of weed or cannabis, these same holds true.) Regardless of whether you live or work in Middlesex, Hudson, Somerset or Union County, be aware that here in the Garden State the police and our courts maintain a dim view of driving while intoxicated, either by alcohol or prescribed medicines (drug DUI).

Touching on the topic of unintended consequences, we can only say a motorist who is involved in a DWI- or DUI-related traffic accident does not do themselves any favors by leaving the scene of the accident. Statistics will surely bear this out, but many hit-and-run drivers are eventually caught by police, which can only compound the original incident. This was apparently the case of a Pennington resident who was recently sentenced to three years in jail for a 2009 accident in Mercer County that put a motorcycle in the hospital with serious injuries.

According to news reports, 24-year-old Craig Brauer accepted a plea arrangement with the Mercer County prosecutor’s office. The deal reportedly included a guilty plea to 3rd degree aggravated assault by auto in exchange for a straight 4-year jail sentence. Originally charged with 2nd degree aggravated assault by auto and leaving the scene of an accident, Brauer could have gone away for up to 10 years.
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June 16, 2011

NJ State Police Institute Tighter Standards Regarding Troopers Arrested for DWI

by Jonathan F. Marshall

In the wake of controversy revolving around State Police Trooper Sheila McKaig’s alleged drinking and driving incidents over the years, the New Jersey State Police have implemented new standards aimed at curbing potential abuses of power that some have said police officers occasionally commit when they are stopped for offenses such as DWI.

In McKaig’s case, numerous news reports indicate that she was never ticketed even though the officer was stopped multiple times for driving while intoxicated over the course of three months back in 2008. In this particular situation, the judge in the case did not recommend firing the trooper outright on the grounds that that McKaig did seek counseling and has been considered a model for other police officers.

Back to the NJ State Police and its newly instituted policies for officers caught driving under the influence according to reports, the agency has reportedly launched a review of the use by troopers of so-called “undercover identification cards.” Along with this, orders from up the chain of command within the State Police reportedly increase the accountability on the part of higher-ranked officers and requires more careful review of traffic stops (including car accidents) that may have been related to alcohol consumption.

As a New Jersey drunken driving defense lawyer, I and my staff, understand that the police have a tough job of maintaining the peace and bringing alleged perpetrators to justice. However, when the rules cease to apply to the vary people entrusted with the public’s safety this is when our tolerance as individuals and a society begins to be tested.

According to news reports, policy changes at the State Police will place responsibility squarely on the shoulders of regional commanders when a trooper is suspected of operating a motor vehicle under the influence of alcohol. In fact, based on information provided by local news sources, higher-ranking officers may even be required to respond themselves to the scene of a possibly alcohol-related traffic incident involving another law enforcement officer.
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May 23, 2011

New Jersey Legal Defense: Male Drivers Not Only Group Found Drinking and Driving

by Jonathan F. Marshall

As DWI defense attorneys here in the Garden State, we can certainly say that the male contingent is not the only sector of the driving public who has a history of drunken driving arrests. While some may argue that men are more likely to be cited for driving while intoxicated, it’s actually understood that as a group female motorists are being stopped for impaired driving more often than, say, ten years ago.

As New Jersey drunk driving defense lawyers, I and my colleagues have defended numerous clients, many of them women, who have been accused of driving under the influence. It wouldn’t be a stretch to say that many people have made the mistake of getting behind the wheel of a motor vehicle after taking a few drinks. Of course, there are certainly fewer individuals out there who would consciously decide to drive while legally drunk, if they knew that they would end up in a courtroom accused of DWI.

The penalties for driving under the influence of alcohol or prescription drugs here in New Jersey can be quite heavy. And as we’ve seen over the past several years, women and men are constantly being introduced to what it’s like to be stopped for DWI. It wasn’t long ago that news articles, were heralding the new trend in drunk driving, that of female drivers being arrested on the highways and city streets.

March 16, 2011

Bergen County DWI News: New Jersey Driver Arrested for DWI Accident that Injured Park Ridge Man

by Jonathan F. Marshall

As a New Jersey DWI defense attorney, I’d be the first to say that being arrested for alleged drunk driving following an injury accident will not gain a person any points in court. It’s a fact that the police already have a very dim view of intoxicated driving, but combining that with property damage and personal injury and the court will also be unimpressed.

Still, in our legal system a defendant is considered innocent until proven guilty, which is why I and my colleagues are ready to represent individuals charged with drunken driving and drug DUI in Bergen, Union, Middlesex and Ocean County, among others. Regardless of the reasons, when a driver makes an error by getting behind the wheel after having a drink or two, the ultimate result can often be a DWI conviction in a local courtroom.

A news article not long ago described a car accident that apparently was precipitated by an allegedly drunk driver. According to news reports, a 31-year-old Passaic County driver crossed over into opposing traffic along a stretch of Rte 46 and struck another vehicle near the Green St. intersection. The accident, which happened just after midnight on a Sunday, critically injured a 43-year-old Bergen County driver.

February 4, 2011

New Jersey Legal News: Hackensack Apartment Complex Ordered to Pay $7 Million in Drunken Driving Injury Accident

by Jonathan F. Marshall

As a New Jersey drunk driving defense attorney, my job is to represent individuals charge with DWI, drug DUI or refusal to take a breathalyzer test. Because state law is so harsh when it comes to convicted drunken drivers, the fines and penalties that a motorist can face following a DWI arrest, it makes very little sense to walk into a courtroom unprepared.

Regardless of whether one lives in Bergen, Passaic, Mercer or any of the other counties across this state, law enforcement and the judiciary have been cracking down not only on the driver who operates his or her vehicle while under the influence of alcohol or prescription drugs, but also bars and restaurants who might be over-serving their patrons.

Not long ago, a Hackensack apartment complex was hit with a multi-million dollar judgment in connection with an under-age driver who left a party drunk and drove his car into a pedestrian walking a dog. Based on news reports, the jury in the case settled on a $7.4 million judgment that found 20-year-old David Figueroa was allowed to consume alcohol at a party in a unit of the Excelsior Apartments prior to causing that a serious traffic accident.

That crash, according to court records, involved a prominent cardiologist, Henry Lau, who received multiple injuries including two broke legs, broken pelvis and back, as well as several broken ribs. The doctor also received a number of facial injuries. Lau spent a total of six months in the hospital and later in rehab following multiple operations for his injuries.

The accident happened on December 27, 2006, when Lau was out walking his dog along a stretch of Clinton Place during the early morning. Figueroa reportedly fled the scene following the accident but was apparently picked up by police not long after the incident. Charged with vehicular assault and leaving the scene of an accident, he was sentenced in May 2008 to two months in jail and five years probation, plus a total of 180 hours of community service.
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January 20, 2011

New Jersey Drunk Driving News: Melrose Place Actress Indicted on DWI, Aggravated Manslaughter Charges

by Jonathan F. Marshall

Amy Locane, know for her role on the original “Melrose Place” television show, has reportedly been indicted on charges that she was drunk when the car she allegedly was driving crashed into another vehicle, killing one person and severely injuring a second. According to news articles, the accident took place in Princeton, New Jersey on June 27 last year.

Injuring, not to mention killing, someone as a result of a traffic accident can lead to serious consequences. Couple that with charges of drinking and driving and one can have a considerable legal problem on his or her hands. As a New Jersey DWI defense attorney, I hear about many drunken driving-related fatalities all across the Garden State, including Bergen, Ocean, Passaic and Essex County.

In this particular instance, 39-year-old Amy Locane-Bovenizer (the Trenton-born actress’s married name) is charged with the DWI-related traffic death of 60-year-old Helene Seeman and the injury of the woman’s husband, who was in critical condition at the time of news articles.

January 15, 2011

Bergen County Court Convicts New Jersey Motorist of Cocaine Hangover following DUI-related Car Crash

by Jonathan F. Marshall

According to news reports, a motorist was recently convicted of drug DUI in a Bergen County courtroom following a traffic accident at a Fort Lee toll booth that netted him a charge of drunken driving in 2008. The case, which was tried before a jury, may have been the first of its kind in the Garden State, according to reports.

Based on news articles, Bergen County prosecutors were able to convict 47-year-old Kenneth Verpent based on the so-called aftereffect of taking cocaine. One of Bergen County’s assistant prosecutors stated that people think intoxication comes from the high one gets after using cocaine, much like the so-called buzz from alcohol. The state’s case apparently was based on the intoxication that occurs even after the initial high “wears off.”

It’s said that this is a rather novel approach to convicting drivers who allegedly operate their vehicles while impaired by alcohol or other substance, such as illicit drugs like cocaine or marijuana. Such an approach to prosecuting drivers could even include those who are taking prescription medication, say some experts.

The case in question arose out of a December 2008 traffic accident at a Fort Lee, NJ, toll plaza. According to reports, Verpent was driving a large tow truck to a job in New York City. Approaching the plaza along the George Washington Bridge, his vehicle rear-ended a Honda Accord driven by Sabrina Patrick of Little Falls.

The woman’s smaller car was crushed between the Verpent’s tow truck and another heavy vehicle directly in front of her. The crash reportedly left Patrick with a fractured spine. According to news article, the woman, now 40 years old, had to leave her job and move to Arizona to avoid the higher humidity of the East Coast, made worse by her injuries following that accident.

Police reports showed that Verpent’s eyes were bloodshot and his pupils were constricted at the time of the crash. According to news articles, the man appeared to police to be slow, lethargic and unsteady on his feet. And while his blood-alcohol content (BAC) was measured as 0.0 percent, his urine tested positive for cocaine.
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January 4, 2011

Bergen County DWI News: Driver Arrested for Drunk Driving after Car Goes into Passaic River

by Jonathan F. Marshall

You’ll find no argument from most people that driving while intoxicated can be hazardous to one’s health. The law enforcement community and New Jersey’s court system has little if any tolerance for individuals who are caught operating a motor vehicle under the influence of alcohol or drugs (drug DUI). In cases where an accident was the alleged result of drinking and driving you can bet that a judge will be highly critical of the defendant’s actions leading up to the crash.

While injuring another party in a DWI-related traffic accident is bound to raise eyebrows amongst state and local police, as well as the judiciary, putting oneself in jeopardy is likely just as serious. Although some might argue that a self-inflicted injury due to a single-vehicle accident could generate sympathy from the court, there is no guarantee of leniency in cases involving a drunken driving crash.

As a New Jersey DWI defense lawyer, I and my staff are ready to represent individuals accused of driving under the influence all across the Garden State; from Bergen to Union County and from Monmouth to Atlantic County. Whether a driver is stopped for drunk driving, prescription drug DUI, or marijuana possession in a vehicle, our staff has the experience to handle a wide range of cases.