DWI Stops

September 5, 2012

New Jersey Man Guilty of Manslaughter after 2011 Drunken Driving Crash in Hudson County

A driver who was taken into custody following a deadly car accident in Kearny, NJ, back in 2011 reportedly pled guilty to charges of aggravated vehicular manslaughter combined with drunk driving in a Hudson County courtroom not long ago. As New Jersey DWI defense lawyers, we know that individuals accused of DWI or drug DUI can feel relatively helpless when facing serious drunken driving charges or accusations of operating a motor vehicle while under the influence of alcohol, prescription medications or even illicit substances, such as marijuana.

Here in the Garden State, it wouldn’t be a stretch to say that motorists who find themselves arrested or on the receiving end of a DWI or DUI summons may be up against potentially stiff penalties if they are convicted of driving while intoxicated. From Bergen and Sussex counties to Ocean and Atlantic, New Jersey state and local police officers are always on the alert for drunken drivers. And while being arrested for DWI-DUI following a routine traffic stop may seem like the end of the world, one must never assume that he or she is in tough spot.

Consider the case ended this past July, when a 22-year-old resident of Manalapan, NJ, pled guilty in front of a Superior Court judge in a Jersey City courtroom. According to news reports, Ayman Khawaja admitted guilt to aggravated manslaughter, as well as DWI, in relation to the April 10, 2011, death of a 24-year-old Passaic County man. The three-vehicle accident that killed Luis Suarez took place along a stretch of the New Jersey Turnpike on a late spring evening.
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September 2, 2012

New Jersey Woman’s Body Jewelry Interferes with Morris County Drunken Driving Case

by Jonathan F. Marshall

It’s not every day that one can say that a piece of clothing or jewelry helped them get out of a tight legal spot, but that was the gist of a case against a New Jersey woman, who is now able to say her tongue stud helped her out in a Morris County courtroom earlier this year. As New Jersey drunk driving defense attorneys, I and my colleagues are dedicated to helping those Garden State motorists who have been accused of DWI, drug DUI, breath test refusal and other drunken driving-related offenses.

In the aforementioned case, the motorist’s DWI lawyer was able to use the law to his client’s advantage and reduce the potential penalties she was facing if convicted of the initial charge of driving while intoxicated. Although this may not be cause for drivers to get their own body modifications, it certainly points up the importance of having a qualified DWI defense lawyer at one’s side; surely it is an example of why it’s always a good idea to consult with a legal professional prior to walking into a courtroom to defend oneself against a DWI or drug DUI charge.

According to news articles, 29-year-old Kara Nelson was stopped by police along a stretch of Rte 46 for an apparent routine traffic offense earlier this year. Police reports indicated that Nelson was pulled over around 2am on January 14. During the traffic stop the patrolman in charge, Officer P. Ottavinia, must have noticed signs of intoxication and requested Nelson to perform a number of standardized field sobriety tests, which apparently indicated that the driver was impaired to some degree.
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August 31, 2012

Could Science Make It Easier to Drive Drunk? Or Sober Up Prior to a DWI Arrest?

by Jonathan F. Marshall

From our standpoint, as New Jersey DWI lawyers representing numerous motorists every month who have been accused of driving under the influence, we understand how drivers can find themselves very quickly under suspicion of operating a motor vehicle while impaired by alcohol or drugs. Whether one is charged with driving while intoxicated by wine, beer or other alcoholic beverages, or if the police believe that a motorist was driving while impaired by doctor-prescribed medications, the penalties if convicted can be quite harsh as well as costly.

In addition to stiff fines and numerous other costs, a driver’s car insurance premiums are certain to rise with every DWI conviction that a driver may receive. The fact is, being charged and then found guilty of drunken driving (or drug DUI) is no laughing matter. It will hurt your pocket book as well as your reputation with family, friends, colleagues and current or potential employers. Avoiding a DWI conviction is always preferable to the consequences; but avoiding an arrest would naturally help keep a person out of police custody as well as the courtroom.

A news article published earlier this year raises interesting questions about the future of drunken driving and the ways to avoid the potential downside of being arrested, charge and convicted of DWI. According to the published report, there is a substance, in spray form, that can reportedly make one instantly drunk. How can this help avoid a DWI summons? The product, according to the manufacturer, can also cancel out intoxication and make a person instantly sober. Science fiction? Maybe, but it is thought-provoking.
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August 29, 2012

Bergen County Man Charged with Drug Possession following DWI Arrest in Wyckoff, NJ

by Jonathan F. Marshall

The consequences of driving while impaired can range from monetary fines and insurance surcharges to long-term suspension of one’s driver’s license and even jail time, depending on the circumstances and the number of prior drunken driving convictions. Her in the Garden State, as drunken driving defense lawyers, we also know that there can be unintended consequences when a motorist either chooses to drive a motor vehicle after having a drink or two, or even if that person take prescription medicine without realizing the impairing effects it may have on their driving abilities.

Other unintended consequences can include traffic accidents, with or without injuries, as well as fatal collision. New Jersey’s legal statutes already provide for little tolerance when it comes to operating a motor vehicle while intoxicated by alcohol, prescribed medications and illegal substances, such as marijuana, cocaine and meth. Adding vehicular manslaughter to an existing charge of DWI or drug DUI and the need for a qualified DWI attorney becomes more and more essential.

As a law firm serving those charged with drunken driving in areas such as Ocean County, Bergen and Monmouth counties, and elsewhere around the state, I and my colleagues have the experience to handle combined charges of DWI and other offenses, civil and criminal. A news article, discussed below, which we ran across not long ago provided what may be a not-too-uncommon and completely believable scenario. And while the case referenced here may seem extreme, it has its parallels in terms of lesser crimes and misdemeanors that may precipitate from a routine traffic stop.
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August 26, 2012

Monmouth County Police Blotter: Multiple Underage Alcohol Possession and Drug-related Arrests, Plus Numerous DWIs

by Jonathan F. Marshall

With more than 600,000 residents, Monmouth County is one of the most populous counties in the Garden State, with Middletown Twp. being the largest community within the county. As New Jersey drunken driving defense lawyers, we don’t need census statistics to tell us that Monmouth has its share of drunk driving arrests, represented not only by residents themselves, but also by other motorists passing through or visiting bar, restaurants and other establishments that serve liquor and beer during the year.

One look at the news pages and one can immediately see the many and varied kinds of DWI and drug DUI police stops that occur all over the county on a fairly regular basis. Out in Middletown, municipal police and other state and county law enforcement officers are constantly arresting and charging drivers with an array of DWI-related offenses. Just a few are listed below, as object lessons of what can happen is one decides to drink and drive in this part of New Jersey.

Underage drinking and driving is one issue that the state is clearly opposed to, and our laws and legal statutes make that abundantly clear. However, teens and underage adults continue to push the envelope by pursuing the purchase and consumption of beer, wine and hard liquor. While sometimes provided all too readily by relatives, parents and older siblings, a charge of underage DWI or even possession can have a negative effect for that individual in the future.
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August 24, 2012

Officer from Bloomfield, NJ, in Essex County Named Tops in Drunken Driving Arrests

by Jonathan F. Marshall

There’s a lot to be said about being in the right spot at the right time; for some people it can mean a job promotion or recognition from the community. For others, however, it can mean a trip to police headquarters. What do we mean by this? Just to let you know that if you find yourself driving through Essex County in the vicinity of Bloomfield, NJ, make certain that you haven’t been drinking or taking prescription medication that might cause you to be impaired behind the wheel of your car.

Frankly, it’s hard not to find a place in the Garden State that doesn’t have at least several drunken driving arrested every week or so. We mention this because another police officer has been awarded for his work in stopping traffic violators and arresting drunk drivers and those who may be impaired by doctor-prescribed meds or even illicit drugs like cocaine, meth or marijuana. As New Jersey DWI defense lawyers, we know how easily a person can find themselves on the receiving end of a drunken driving summons.

According to news reports, a Bloomfield, NJ, patrolman was recognized as this past year’s top cop for issuing drunken driving and drug DUI summonses and citations in the county of Essex. Based on news reports, Officer Luca Piscitelli, who works on the Bloomfield police force, was recognized by a local Garden State organization earlier this year for his efforts in curbing drunk driving in Essex County. The group who bestowed the award on Officer Piscitelli is known as “New Jersey Remembers,” and was formed to honor those who have been killed by drunk drivers.
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August 21, 2012

Penalties Associated with a DWI Conviction are Significant and Costly for Many New Jersey Drivers

by Jonathan F. Marshall

Look at the headlines any day of the week and one can see the volume and frequency of drunken driving arrests here in the Garden State. Is it just us, or do we just have bad luck when it comes to being charged with driving under the influence? Probably a little of both, but one thing is for certain, in a state as densely populated as New Jersey, there is bound to be a large number of any legal offense, civil or criminal. As New Jersey DWI defense attorneys, we fully understand how almost any driver can become a statistic of law enforcement.

This is not to say that we condone drunk driving, but we do know that law of averages suggests a certain percentage of motorists accused of drinking and driving are not going to be convicted, whatever the reason. For those who may think it’s worth the gamble, we would be inclined to dissuade those individuals of any notion that they can drink any alcoholic beverage and get away with it. Too many people have seemed to make a career of being arrested for DWI or drug DUI, and the results are not usually good.

For one, the penalties for repeat offenders can certainly add up. And this doesn’t include the car insurance premium increases mandated by law for first- second- and multiple-time offenders who are convicted of operating a motor vehicle while intoxicated by liquor or prescription drugs. Never mind the associated penalties and related costs for individuals who are arrested, charged and convicted of impaired driving by a controlled dangerous substance (CDS), such as meth, cocaine, marijuana and other illegal drugs.
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August 19, 2012

State Continues Anti-DWI Campaigns to Curb Drunk Driving across New Jersey

by Jonathan F. Marshall

As New Jersey DWI and drug DUI defense lawyers, we know that many people arrested for drunk driving are surprised, or at the very least shocked that they may be facing thousands of dollars in fines, penalties and assessments if they are found guilty of DWI in a court of law. A percentage of drunk driving and drug DUI arrests are made at sobriety checkpoints set up from time to time all around the Garden State. Other people can find themselves on the wrong side of the law following a simple traffic infraction, which then turns into a full-blown drunk driving arrest and a trip to the local police department for a breath test.

The point we would like to make is that whether one believes that there is too much or too little focus on DWI offenders, the law is specific that no one can legally drive in New Jersey with a blood-alcohol concentration (BAC) of 0.08 percent or more. (Of course, holders of commercial driver’s licenses, also known as CDLs, have an even lower BAC to which they must adhere.) The gist of this conversation is that state and local law enforcement officer are motivated to keep drunken drivers off the roads.

Certain campaigns, locally and nationally, are also used to keep a high level of enforcement, as well as attempt to educate the public to the dangers of DWI and drug DUI (including doctor-prescribed medications and illicit drugs like cocaine and marijuana). One such campaign that has been used in the Garden State is the HERO anti-DUI campaign, which this year was expanded to include the Jersey Shore.
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August 17, 2012

New Jersey Residents Split on Criminalizing DWI in the Garden State

by Jonathan F. Marshall

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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August 9, 2012

Morris and Burlington PD Blotters: Police Officers Report Multiple Instances of DWI and Marijuana Possession

by Jonathan F. Marshall

As anyone familiar with the Garden State criminal and civil law will know, operating a motor vehicle while impaired by alcohol, doctor-prescribed medication and even illicit drugs like marijuana or cocaine are all offenses seriously frowned upon by state and local law enforcement agencies. This is actually an understatement, since police are constantly patrolling the streets of Monmouth, Sussex, Atlantic and Hudson counties watching for drivers who are operating their vehicles in an erratic manner.

Although a patrolman cannot stop a driver simply on a hunch that he or she is intoxicated by beer or wine or high on drugs, if that driver errs in any way that provides the officer an opportunity to pull that motorist over for a traffic infraction, the jig as they say may be up — at least initially. As New Jersey DWI defense attorneys, I and my staff of experienced drunken driving lawyers have decades of cumulative experience in defending those accused of driving while under the influence of alcohol or a controlled dangerous substance (CDS).

Impaired driving can take the form of any number of scenarios in which a driver may exhibit signs of drunkenness or drug-related impairment. And while drinking beer, wine or hard liquor is not strictly against the law — except of minors — excessive consumption mixed with operating a motor vehicle can be grounds for a DWI arrest. And hardly a day goes by that we don’t hear of a handful of DWI arrests or drunk driving summonses being issued to New Jersey residents; which is to say that anyone who has been arrested for DWI or drug DUI is, for lack of a better phrase, in good company.
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