DWI Law and Legislation

March 14, 2010

New Jersey DWI News: Former FedEx Driver Denied Unemployment Benefits due to Off-hours DWI Arrest

A Federal Express delivery truck driver who was fired for a drunken driving-related traffic offense was recently denied an appeal to get New Jersey unemployment benefits. It’s no surprise that penalties for DWI and drug DUI offenses are pretty heavy in the New Jersey area. This story only brings home the point that retaining a qualified drunk driving defense attorney should always be foremost in one’s mind following a DWI arrest.

As a New Jersey DWI attorney, my office handles cases of motorists arrested for driving under the influence of alcohol and prescription drugs on a regular basis. It’s not uncommon for many drivers charged with driving while intoxicated to get hit with fines and other monetary penalties as well as court-imposed jail sentences.

Additionally, this case should remind everyone that a DWI conviction can make a motorist ineligible to receive unemployment insurance. This is exactly what happened to Alan G. Roche last January after he was fired from his driving job at FedEx, also as a resul of his drunk driving arrest. In fact, recent appeals court decisions have upheld the denial of unemployment benefits due to a worker leaving a company voluntarily “without good cause attributable to the work.”

Based on reports, Roche was cited for drunk driving in February 2008 while driving his private car outside of working hours. Unfortunately for Roche, FedEx’s company policy calls for any driver who does not clear a DWI charge from their record within three months to either find other (non-driving) employment in the company or be fired.

Based on reports, FedEx put Roche on unpaid leave for three months, but the man was not able to clear himself of the DWI charge within that time period. When he checked for other jobs at FedEx that did not involve driving, he was told that there were no open positions. Roche was fired from FedEx in June of last year.

Roche applied for unemployment benefits in New Jersey the following month, however he was denied them. A state review board said that a precedent from Yardville Supply Co. v. Board of Review, 114 N.J. 371 (1989), a New Jersey Supreme Court case from 1989, required them to deny Roche’s claim.
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March 4, 2010

NJ DWI Law Update: Jersey Supreme Affirms Alcotest Subject be Monitored by “Any” Competent Witness(es)

by Jonathan F. Marshall

The New Jersey State Supreme Court Appellate Division recently rejected the argument of defendant-respondent, Damian Tirello, who claimed that his breath test results were not admissible as evidence because the Alcotest-trained police officer did not remain in the DWI room with him breathalyzer test.

The Court referred to a previous ruling (State v. Ugrovics, 410 N.J. Super. 482 [App. Div. 2009]), and stated that the procedural requirements were in fact met in original case against Mr. Tirello. The appeal had been brought by the state as a result of a lower court’s decision to throw out Tirello’s breath test results due to a failure of the police to follow the correct procedure.

As a New Jersey drunk driving defense attorney and former municipal prosecutor, I understand the ins and outs of breath testing. In this particular case, the subject of the breathalyzer test claimed that the same officer did not remain in the DWI room, having left for a period of time before coming back to administer the breath test. However, the Court ruled that because another officer was in the room with the suspect continuously that the procedures were followed and the breath test results would stand.

According to court records, Tirello was arrested following a two-car accident in Wildwood, NJ. The man admitted to police that he was one of the drivers involved, during which Patrolman Nino Cusella detected an odor of alcoholic beverage on defendant’s breath and observed that defendant’s eyes were watery and bloodshot.

Although Tirello reportedly denied drinking any alcoholic beverages, Officer Cusella told him that he was stuttering and his speech was slurred. The suspect then admitted to drinking a couple of beers earlier in the evening. Although defendant was able to recite the alphabet, he swayed while performing field sobriety tests. He was then arrested, handcuffed and searched.

Officer Cusella testified that “everything” was taken from defendant’s person, including his cell phone and any type of food, gum, mints or cigarettes. Police kept the suspect handcuffed in the patrol car and they were not removed until he was taken into the “DWI room” by Officers Cusella and Chobert.

According to reports, Tirello remained in the presence of an officer who was able to observe that he never put anything in his mouth, did not burp or regurgitate and did not use the bathroom.
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February 12, 2010

NJ Drunk Driving News: Middle Township saw most DWI Cases in Cape May County

by Jonathan F. Marshall

Recent statistics released for Cape May County indicate that Middle Township saw the most DWI cases than any other municipality in the county. Out of 477 drunken driving cases throughout the county, Middle Township had 82 cases — this translates to 17 percent of the entire county’s driving while intoxicated prosecutions.

As a New Jersey drunk driving defense attorney and former municipal prosecutor, I understand the techniques that the township’s attorneys typically use to secure a conviction for driving under the influence of alcohol. Based on the recent news article, Ocean City saw the most court cases overall, but lagged behind Middle Township by nearly three dozen DWI cases.

On a percentage basis, DWI cases accounted for less than one-half percent, while in Middle Township drunk driving accounted for just over two percent of all court cases. Although Upper, Lower and Dennis townships all had less DWI cases, the percentage of drunken driving prosecutions out of all cases exceed that of Middle Township.

January 28, 2010

New Jersey DWI Defense Update: Law Now Requires Breathalyzer Ignition Interlock for First-time DWI Convictions

by Jonathan F. Marshall

New Jersey has added another weapon to its arsenal of drunk driving laws, making even first-time DWI convictions more onerous for those caught driving while intoxicated. As a New Jersey drunk driving defense attorney and motorist myself, I’ve seen the aftermath of accidents caused by impaired drivers. At the same time, I also understand how even a single DWI or drug DUI conviction can haunt a person for many years to come.

The latest law coming out of Trenton last week now makes it mandatory that anyone convicted of a drinking and driving offense must have their vehicle fitted with a breathalyzer ignition interlock device. Not only does the stigma of a DWI conviction cost an individual in court fines and increased insurance premiums, now there is the added embarrassment and inconvenience of starting one’s vehicle. All of which makes it imperative to seek the services of a DWI defense lawyer.

According to reports, legislation has now been passed and signed into law by acting Governor Sweeney to add mandatory ignition interlocks for all drunk driving offenses in New Jersey. Known as “Ricci’s Law” in honor of the Egg Harbor Township teen killed by a hit-and-run drunk driver, the bill was signed into law on Thursday, January 14.

January 24, 2010

Man Indicted for Fatal DWI Accident in Cape May had Seven Previous Drunk Driving Arrests

by Jonathan F. Marshall

Multiple drunken driving arrests or numerous DWI convictions can be devastating to a New Jersey resident’s driving record, much less a person’s life. When a traffic fatality is involved, the legal situation can become very serious very quickly. As a New Jersey drunk driving defense attorney, I and my colleagues have represented hundreds of individuals in drunk driving-related court cases. Many of these cases have had to do with the death of another person, which makes a DWI lawyer a necessity.

Recently an out-of-state motorist was indicted for what is referred to as aggravated manslaughter as a result of a fatal Cape May automobile crash in September of last year. According to news reports, John J. Lawless, 37, of Philadelphia was indicted on January 12 for aggravated manslaughter. The first-degree offense occurred on September 12 when Lawless allegedly killed Frederick Shelton, a Lower Township, NJ, resident.

Based on news reports, the chief assistant prosecutor in the case said that Lawless had a blood-alcohol content of 0.229 percent, which is nearly three times the legal limit in New Jersey. Authorities allege that Lawless was driving his Chrysler Sebring while intoxicated, when he veered into the southbound on Route 9 near Bennetts Crossing in Lower Township, hitting a Ford Escort carrying Shelton, his wife and the couple’s 13-year-old daughter.

January 6, 2010

New Jersey DWI Police Blotter: Passaic County Drunk Driving Arrests and Summonses

by Jonathan F. Marshall

Northern New Jersey gets its share of drunk driving arrests. Depending on the situation, drivers can be stopped for reckless driving or failure to maintain their lane, after which the officer may decide that the driver is intoxicated. When a patrolman suspects that a motorist is driving under the influence of alcohol, prescription drugs or even marijuana or other illegal substances, he may request the driver to take one or more field sobriety tests.

New Jersey DWI defense lawyer, as well as a former municipal prosecutor, I have a vast amount of experience in defending individuals who have been arrested and charged with drunken driving. While circumstances vary, many DWI arrest scenarios are quite similar. The following is a short list of recent drunk driving arrests from Clifton, NJ.

A 22-year-old Maplewood resident was arrested and charged with driving while intoxicated (DWI) in the early morning hours of December 29. According to reports, Officer Daniel Ishak approached a vehicle stopped on Clifton and Van Houten avenues around 2am and found the driver allegedly unconscious behind the wheel of this vehicle with the engine running. The officer opened the door and detected signs of intoxication, according to reports. The officer woke the man and gave him several roadside field sobriety tests, which he apparently was not able to complete. The officer arrested the driver. He was charged with DWI after recording a blood-alcohol content (BAC) of 0.16 percent on a breathalyzer.

January 5, 2010

NJ DWI Defense News: Do Heavy Fines Affect the Frequency of Drunk Driving in New Jersey?

by Jonathan F. Marshall

It’s no secret that driving while intoxicated in the New Jersey area can be hazardous to the person who has been drinking, as well as others on the road. Secondarily, the penalties for DWI in the Garden State can carry heavy fines and even jail time.

Although most people do not intend to be charged with drunk driving, the penalties for operating a motor vehicle while under the influence of alcohol are designed to penalize anyone who breaks the state’s drunken driving laws. As a New Jersey DWI defense lawyer, many of the people whom I have represented over the years are first-time drunk driving offenders.

According to the National Highway Traffic Safety Administration (NHTSA), last year 154 people were killed in automobile collisions that involved at least one intoxicated person. That figure is reportedly down from 2007, in which 201 people died in DWI-related accidents. 2008 is the latest year for which complete statistics are available. In addition, drunken driving arrests dropped six percent, based on data provided by the state police.

January 3, 2010

New Jersey DWI News: Pending Legislation could Increase Jail Sentences for Fatal DWI Accidents

by Jonathan F. Marshall

Drunken driving, or DWI (driving while intoxicated), is a serious offense in New Jersey. From Atlantic City to Newark, law enforcement agencies and state legislators are getting more and more tough with people who drive under the influence of alcohol. As a New Jersey drunk driving defense lawyer, I and my colleagues understand the dangers of driving under the influence of alcohol or prescription drugs (DUI or drug DWI).

Recently, the New Jersey state legislature has taken on the task of making those convicted of fatal DWI traffic accidents go to jail and stay there longer. These days a conviction in the Garden State for operating a motor vehicle while inebriated is an expensive proposition; killing another person while drunk usually calls for jail time — soon that jail term may be longer than many expect.

According to news reports, a bill entitled “Josh’s and Craig’s Law” could increase the penalties for motorists who cause a fatality as a result of a DWI traffic accident. The new legislation is being sponsored in the state Senate by Senator Jeff Van Drew and in the Assembly by Assemblymen Matt Milam and Nelson Albano.

The bill takes its name from Josh Moren and Craig Lozier, who died within weeks of each other in similar DWI-related accidents in Cape May County last year. The common thread, according to news reports, is that these two individuals were apparently killed by drivers who allegedly were driving under the influence of a large amount of alcohol, or a mix of drugs and alcohol.

Moren, who was 18, died in June of 2008 along Route 47 in Middle Township just three weeks after graduating from Sacred Heart High School. He was killed by 48-year-old Laura Lippie of Bridgeton, NJ. Lippie is currently serving more than sevens years in prison at Edna Mahan Correctional Facility for Women.

According to news articles, the new law would mandate a minimum sentence of 10 years for an DWI offense involving high levels of intoxication, such as Lippie was convicted for. Based on court records, Lippie pleaded guilty to having spent the day before the accident drinking vodka. Her blood-alcohol content (BAC) at the time of the accident was measured at 0.37 percent — more than four times the legal limit.

Several weeks after Moren was killed, Lozier was hit by a drunk driver as he was riding a motorcycle on Route 47 near his home in Cape May Court House. Police reportedly filed DWI and drug possession and distribution charges against Nicholas Golden, the driver who hit Lozier. Golden was subsequently indicted on first-degree aggravated manslaughter charges, which carries between 10 and 30 years in prison. At the time of the news article, Golden was free on bail pending trial.
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December 23, 2009

Arrested for Drunk Driving in New Jersey? A DWI Conviction is a Multi-step Process

by Jonathan F. Marshall

As a New Jersey drunk driving defense lawyer my job is to help motorists accused of DWI or driving under the influence of alcohol. My office also handles drug DUI (driving under the influence of prescription drugs, as well as marijuana and other substances). The road to a drunk driving conviction is now necessarily a long one, but it has many steps. I’ll outline the process here to help explain the usual stages of a DWI case.

Arrest
Whether you live in Newark, Atlantic City, Trenton or any of the dozens of cities and towns throughout the state, every DWI charge starts with an arrest. You should know that for a drunk driving traffic stop to be valid it stop must be supported by what the law defines as reasonable suspicion that a motor vehicle violation has been committed.

As per State v. Carpentieri, New Jersey’s Supreme Court held that a police officer must have an articulable and reasonable suspicion that a traffic law violation has in fact occurred before he or she may effect a DWI stop. Furthermore, once a motorist is stopped, that law enforcement officer must have probable cause to believe the driver of the vehicle is intoxicated before he or she can make an arrest and conduct a breathalyzer test.

Bear in mind that there is no right to advice from counsel at this early stage and therefore an attorney, in particular, an experienced DWI lawyer, will be of no assistance at this point in time.

Arraignment
The next step following an arrest for DWI, DUI, or breath test refusal in New Jersey is the arraignment. During this step, the defendant receives a Complaint. Once the Complaint is filed, the defendant makes his or her initial appearance at arraignment where the court informs the defendant of the charges. At this same time, the defendant is informed of his rights under the law and then he or she will enter a plea of guilty or not guilty.

If you hire a drunk driving defense lawyer to represent you, the initial appearance can normally be waived. The arraignment can be “adjourned” by the attorney sending a letter of representation to the Court advising it that you are represented, were advised of your rights, and that you are entering a “Not Guilty” plea.
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December 10, 2009

New Jersey Drunk Driving Law Update: NJ Appeals Court Confirms Morris County Decision

by Jonathan F. Marshall

There is a new breathalyzer standard here in New Jersey, which is likely to have far-reaching effects throughout the state. For DWI cases going forward, a New Jersey Appeals Court has set a new Alcotest standard on December 1, confirmed a decision that states the patrolman who administers a breath test to a drunk driving suspect does NOT need to be the same police officer who witnessed the original DWI violation. As a New Jersey drunk driving defense lawyer, this latest decision only makes it more imperative that anyone accused of driving under the influence of alcohol retain a qualified DWI attorney.

According to news reports, this recent case comes out of Morris County and is good news for the police, as it provides them with more flexibility in their testing practices. Because a 20-minute observation period must be provided before a breath test, in the past this meant that the same police officer had to be off the street for the duration of the testing — Alcotest machines are not portable, so DWI suspects must be brought back to the police station for breath testing.

A lower court had provided for the dismissal of a case against Joel Ugrovics in July of 2008. At that time, Ugrovics was stopped for speeding and eventually arrested for DWI. The person who operated the Alcotest machine was not his arresting officer. He provided a sample that showed his BAC to be 0.13 percent. However, Ugrovics pointed to a Supreme Court ruling regarding Alcotest procedures to show they were not followed in his case.