DWI Injury Accident

December 19, 2010

New Jersey Driver Gets 12 Years for Fatal Drunk Driving Accident

A New Jersey woman was recently convicted for the 2007 DWI-related death of a South Brunswick college student. According to reports, 35-year-old Kimberly Green was sentenced in a Middlesex County courtroom to 12 years in prison for her part in the fatal drunken driving accident. Based on reports, the defendant received an eight-year sentence for the death of Kylie Pinheiro, plus another four years for the injuring of the victim’s cousin, Heather Pinheiro.

The court also sentenced Green to an additional four-year term for injuring another cousin of the victim, Melissa Pinheiro. That sentence is set to run concurrent with the other two. According to court records, Green will have to serve more than seven years before she can even hope to be eligible for parole.

As a New Jersey drunk driving defense attorney, I can say that adding a injury or fatal accident to a drunken driving arrest is very serious indeed. Drunk driving cases such as the one reported on here can land a driver in jail for many years, much less result in other penalties that can impact one’s future livelihood.

December 9, 2010

New Jersey Legal Defense News: Passaic County Driver Charged with Prescription Drug DUI

by Jonathan F. Marshall

Alcohol consumption prior to driving is one of the more common causes of DUI arrests in New Jersey, however with doctor-prescribed medications on the rise more and more drivers are being stopped and charged by law enforcement for driving under the influence of drugs (also known as drug DWI).

As Middlesex, Ocean, and Monmouth County drunken driving defense attorneys, I and my legal staff understand the seriousness of these kinds of traffic offenses. Whether driving under the influence of beer, wine or hard liquor, or caught for operating a motor vehicle while impaired by prescription or over-the-counter medication, the New Jersey legal system takes a dim view of all these offenses.

Not long ago, a driver currently a Wayne, NJ, resident was arrested by police following a crash that occurred in Passaic County. According to news reports, a witness observed a car being driven erratically around the Willowbrook Mall parking lot. Police reports show that 37-year-old Mara Smith was behind the wheel of a Lexus SUV when it allegedly struck a parked Porsche Boxster owned by a Totowa resident.

December 3, 2010

NJ Supreme Court to Review Appeal Involving Ocean County DWI Case Involving Over-serving of Alcohol

by Jonathan F. Marshall

The desire to place blame is quite common especially when a traffic accident results in injury or death. The question in some drunken driving cases involves determining who was ultimately responsible for the accident. Was it the driver who allegedly consumed too much alcohol or was it the bar, pub or restaurant that served that individual and then allowed him or her to walk out the door.

As some may know, there is a 1997 amendment to New Jersey’s auto insurance statutes that essentially denies drivers who have been found guilty of drunken driving to recover damages for injuries they suffered as a result of a DWI-related car crash. What is at issue here is that there is an older law that some say is in direct conflict with the ’97 law.

In 1987, a New Jersey statute was put on the books that effectively says business establishments that serve alcohol to customers are responsible if they are found to have negligently over-served liquor to a customer. Because these two laws are apparently at odds with each other, New Jersey’s high court will likely decide which law takes precedence over the other.

November 30, 2010

Burlington County Woman Arrested in North Arlington, NJ, After Crash; Charged with Drug DUI, CDS Possession

by Jonathan F. Marshall

There’s nothing like a traffic accident to draw attention to a driver who may be under the influence of alcohol, marijuana, prescription drugs or a controlled dangerous substance (CDS) such as cocaine or meth. As a New Jersey drunken driving defense attorney, I and my staff understand the potential of a DWI or drug DUI arrest. In either situation, state and local police have little tolerance for motorists who drive while intoxicated.

Furthermore, getting into an accident, no matter how minor, will only make things worse for a driver who may have already violated New Jersey’s anti-drunk driving laws. Not long ago a woman was arrested in North Arlington, NJ, after apparently losing control of her vehicle and hitting some parked cars. As Bergen County DWI defense lawyers, my firm handles cases not unlike this, which include multiple charges, potentially stiff fines and even possible jail time, depending on the individual circumstances.

According to news reports, in the early morning hours on a Friday police received a call regarding a car accident along Newell Place in North Arlington. Officers responded to the scene at about 12:30am to find that a black Mercedes-Benz had hit three parked vehicles. The driver was attempting to get out of her car when police approached the car.

November 17, 2010

Burlington County, NJ, Driver Arrested for DWI after Traffic Accident

by Jonathan F. Marshall

There should be no argument about the seriousness of a drunken driving arrest when it comes to an individual’s future; a DWI conviction can impact one’s lifestyle, career and standing in his or her community. Combine property damage or injuries with a drunken driving accident and you can be sure that a court will not have much sympathy for a driver’s situation.

A conviction for DWI, or driving while intoxicated due to consumption of alcohol or prescription medication (drug DUI), can lead to stiff fines and other penalties. Other costs, such as increased auto insurance premiums, can also pinch a motorist’s wallet down the road. If for only the monetary pain, getting the proper advice and representation by a qualified DWI defense lawyer can be critical.

Not long ago, a two-car accident precipitated the drunken driving arrest of a Medford, NJ, man after police arrived at the scene of the DWI-related crash. According to news reports, police were called to the crash site along Tuckerton Road just east of Heath Road. Based on police reports, the accident occurred just after 8pm when 64-year-old Leonard Rosen allegedly drifted into the oncoming lane and sideswiped a 2006 Acura MDX with his BMW.

November 10, 2010

New Jersey Drunk Driving News: Middlesex County Driver Arrested for DWI Following Accident on Route 1

by Jonathan F. Marshall

My suggestion to motorists in New Jersey: Don’t complicate matters by driving drunk with kids in your car. It’s one thing to be pulled over for a DWI or drug DUI while you are traveling solo in Ocean, Atlantic or Passaic County, but law enforcement and the courts take a dim view of drivers who potentially endanger others, especially minors and other small children, by driving under the influence of alcohol or prescription drugs.

New Jersey drunken driving defense lawyer, my job is to represent individuals arrested or charged with driving while intoxicated, whether that is by beer, wine, hard liquor or even marijuana. Even possession of weed in a motor vehicle can net a motorist a hefty fine and other penalties.

A case in point, not long ago a driver involved in a traffic accident along Route 1 was charged with drunk driving by police. During the incident, his wife and two young kids were also in the vehicle. According to news reports, South Brunswick police arrested 28-year-old Jorge Fuentes after determining that he was driving drunk with his wife and children in the car. Not only does this kind of activity lead to a DWI offense, but it also exposes the man to child endangerment charges as well.

November 3, 2010

Garden State Police Charge Two Drivers with DWI in Separate Traffic Accidents

by Jonathan F. Marshall

Morris County DWI Crash

Police responding to a Monday night car accident between two vehicles ended up arresting a Pompton Plains resident for driving while intoxicated. The collision occurred along a section of the Newark Pompton Turnpike near Route 23. As a New Jersey drunken driving defense attorney, I’ll tell you right now that getting into a traffic accident and then being arrested for driving under the influence of alcohol or prescription medication will not bring you any sympathy in a courtroom.

According to news reports, 20-year-old Matthew Ricucci hit another vehicle from behind just before 11pm in the evening. The other car, a black Honda, was being driven by 34-year-old Patria Espinet of Paterson, NJ. At the scene of the crash, Espinet told emergency responders that his neck hurt, after which he was transported to Chilton Memorial Hospital by personnel from the Pompton Lakes-Riverdale EMS.

October 31, 2010

NJ Drunk Driving News: Sobriety Testing May Become Mandatory in Cases of Serious, Fatal Auto Accidents

by Jonathan F. Marshall

Any one who has ever been arrested for DWI or charged with drunk driving here in New Jersey would likely agree that law enforcement and the judicial system have a very low tolerance for DWI offenders. With intensive drunken driving campaigns, roadside sobriety checkpoints and enhanced DWI and DUI patrols on public roads, the pressure is on to reduce instances of driving while intoxicated.

As a New Jersey drunk driving defense attorney with a staff of professional attorneys, I was not too surprised to read that the state legislature has been pushing for mandatory sobriety testing following any fatal traffic accident here in the Garden State.

According to news reports, a bill sponsored by Democratic Assemblymen Nelson Albano (Cape May Court House) and Paul Moriarty (Turnersville) would make it mandatory for a driver to either submit to a breathalyzer test (such as the Alcotest device) or to give up an actual sample his or her blood to allow authorities to determine whether alcohol or drugs were present in that individual’s bloodstream and therefore may have been contributing factor in the crash.

October 19, 2010

Middlesex County DWI News: Four-time Convicted Drunken Driving Offender Hits Vehicle Driven by New Jersey Policeman

by Jonathan F. Marshall

Being a New Jersey DWI defense attorney, I can say that anytime a drunk driving arrest is connected to a motor vehicle accident things are going to be more complicated than a simple drunken driving traffic stop. This is not to say that being pulled over for driving while intoxicated is a walk in the park, but property damage and potential personal injury only make a DWI defense more involved.

Understanding that hitting another car while inebriated will complicate your life, consider recent news reports that described a man who allegedly struck a vehicle driven by a Middlesex County policeman. To make things worse for the driver, he had already been convicted for driving under the influence of alcohol four separate times in the past. Multiple offenses and hitting a police officer — not the best of circumstances to say the least.

According to the news, 43-year-old David Bennett was charged with multiple offenses after his vehicle apparently drifted over the double-yellow center line along Fresh Ponds Road hitting a light truck being driven by 37-year-old Laszlo Nyitrai, a South Brunswick officer who happened to be driving to work at the instant.

October 11, 2010

Bergen County, NJ, Drunken Driving Report: East Rutherford DWI Police Blotter

by Jonathan F. Marshall

Here in New Jersey, drunk driving arrests happen on a daily basis. Many times these incidents begin with a routine traffic stop for a sometimes minor traffic violation but soon turn into a full-blown DWI situation. Instances of motor vehicle accidents can also lead to a driver being slapped with a summons for driving under the influence of alcohol.

As a New Jersey drunk driving defense lawyer, my firm represents individuals who have been accused by state or local police of driving while intoxicated. A look at the local news shows a sampling of DWI arrests in the Bergen County area, which illustrate the typical kinds of traffic stops that lead to possible drunk driving charges and convictions.

One such stop occurred on a Monday evening when a concerned motorist called police on her cell phone to reports a possible drunken driver ahead of her on West Paterson Avenue in East Rutherford, NJ. Police responding to the call came upon a vehicle at the intersection of Paterson and Main. A 43-year-old man was in the vehicle seated in what police described as “a fully reclined position” and apparently asleep.

Waking up the out-of-state driver to request the man’s paperwork, officers reported that they detected the smell of alcohol on the driver’s breath. Suspecting that he was intoxicated, police had the man perform a number of field sobriety tests, which he reportedly failed. At that point, the officers arrested the man and charged him with DWI.

On another occasion, a patrolman going eastbound on Route 3 watched as another car passed him in the center lane and then reportedly swerved between the lane demarcations. The officer noted that the suspect vehicle nearly struck another motor vehicle at that time. Driving another 500 yards, the vehicle was observed pulling over in the right lane. The officer then called to the man via his patrol car’s PA system and told him to move his car.

Pulling the driver over into a nearby gas station, the officer asked the driver to exit the vehicle and perform several field sobriety tests. Failing those tests, the 45-year-old Rutherford resident arrested and charged with driving under the influence of alcohol. Consequently, he was also charged with driving on a suspended license, careless driving, failure to maintain his lane and obstructing passage of other motor vehicles.
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