DWI Stops

June 28, 2011

New Jersey Drunk Driving Defense News: Union County DWI-DUI Police Blotter

Anyone who travels the surface streets or interstate routes in New Jersey is bound to run into a state patrolman or local municipal police officer at least once in their driving career. For the average person, those who take a drink socially from time to time, there is a good chance that he or she might be pulled over for a minor traffic infraction and then possibly be charged with driving while intoxicated.

Whether one lives or works in Bergen, Middlesex or Ocean County, a DWI arrest and conviction can spell the end of a promising business career, lost friendships or a ruined marital relationship. Such is the stigma of a drunk driving or prescription drug DUI guilty verdict. As New Jersey drunken driving defense attorneys, I and my staff of experienced DWI lawyers understand how a routine traffic stop can snowball into a full-blown DWI-DUI arrest.

And, we will add, the typical scenario repeats itself over and over again across the state on a regular basis. Some individuals get stopped just down the road from a bar or pub, at which they may or may not have enjoyed a glass wine, bottle of beer or shot of whiskey. Other drivers may be surprised by one of the many sobriety checkpoints that pop up from time to time in areas where drunk driving is reportedly quite common, according to police statistics.

The following news items represent a cross-section of alcohol-, prescription medication- and even illegal drug-related DUI reports that come in from every corner of the Graden State. It’s not surprising that a percentage of individuals arrested for DWI are found not guilty by a court of law. Others, sad to say, may believe that their “number was up” and chose to accept their sentence or pled to a reduced charge, yet still end up with a DWI on their record and steep fines and penalties to pay.

According to recent police blotter reports, police departments in Union County arrested a number of people on suspicion of drunken driving, as follows:

Cranford
Patrolmen from the local police department stopped a vehicle driven by a 19-year-old Cranford resident on a stretch of Dunham Ave. for allegedly failing to stay to the right-hand side of the roadway. After approaching the vehicle, officers found evidence of heroin and drug paraphernalia. The man was arrested and taken into custody after which he was charged with possession with intent to distribute, and controlled dangerous substance (CDS) in a motor vehicle.
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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 22, 2011

New Jersey Motorist Charged with DWI after Hitting Police Chief’s Patrol Car

by Jonathan F. Marshall

The last time we mentioned unintended consequences. Well, there are unintended consequences for driving while intoxicated, either by alcohol, prescription meds, or illicit drugs such as marijuana or cocaine… and then the are unintended consequences of those original consequences, so to speak. One consequence that we would prefer not to see any person have to defend himself against is hitting a police vehicle while allegedly driving under the influence of alcohol.

As New Jersey DWI defense lawyers representing individuals from counties such as Monmouth, Ocean, Burlington and Passaic, we can say without much trepidation is don’t even think of assaulting a law enforcement officer with a vehicle, drunk or not. This is a serious offense that can complicate a drunken driving defense without a doubt.

Not surprisingly, this type of helpful advice is ignored by more than a few people every year here in the Garden State. Such was the case for an out-of-state driver last month when he crashed his SUV into an Elmwood Park, NJ, police vehicle being used by none other than the department’s chief of police.

According to news reports, the accident happened around 2:30am on May 15 as Police Chief Donald Ingrasselino and Lieutenant Frank Thorpe were heading to a DWI sobriety roadblock in Bergen County. Based on police reports, Chief Ingrasselino and Lt. Thorpe were traveling eastbound along Rte 46 toward the drunken driving checkpoint being operated that morning at Midland Avenue when their Dodge Durango was struck.
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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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June 14, 2011

Monmouth County Drunk Driving Police Blotter: Holmdel and Middletown DWI, DUI and Marijuana Arrests

by Jonathan F. Marshall

Every day in the Garden State, local and state police stop drivers for a variety of traffic violations. Some of these individuals are suspected of drunken driving, arrested and charged with DWI, drug DUI, or possession of marijuana in a motor vehicle. As New Jersey drunk driving defense lawyers, our job is to represent people who feel they have been unjustly accused of driving under the influence of alcohol or prescription medication (drug DUI).

Many DWI or DUI arrests start out as a simple traffic stop conducted by a municipal patrolman or state trooper. Whether the incident occurs in Bergen, Ocean, Sussex or Atlantic County, the scenarios can be quite similar, although the particular details — such as field sobriety test results, breathalyzer (or Alcotest) readings, or failure to submit to a breath or blood test — vary between cases.

The following is a brief list from police blotters illustrating the kinds of drunken driving arrests that can happen from one day to the next. Not every person is guilty, but it is always advisable to consult with a qualified DWI defense attorney to understand your particular circumstances.

Middletown Township
A local police officer working an early morning traffic patrol responded to a report of a car crash along a stretch of Belmont Ave. where a motor vehicle had apparently hit a fence and subsequently left the scene of the accident. After a brief investigation, the officer cruised around the local streets looking for the suspect vehicle, which he allegedly found parked in from of a local residence. The 19-year-old owner of the vehicle was arrested and charged with DWI, reckless driving, failure to report an accident and open alcohol in a motor vehicle. The woman was processed and then released pending a court appearance.

During the early morning hours, Middletown Twp. Police officers responded to a report of an individual slumped over the steering wheel of a parked car. Arriving on the scene, the officers found a 41-year-old Hazlet, NJ, man in the driver’s seat. Police reports indicate that the suspect had a strong odor of alcohol on his breath. The driver was subsequently arrested and charged with DWI, refusal to submit to a breathalyzer, driving under a suspended license and reckless driving. The man was processed and later released pending a mandatory court appearance.
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June 9, 2011

Bergen County, NJ, Drunk Driving Defense News: Apple to Remove Apps that Locate DWI Roadblocks

by Jonathan F. Marshall

Apparently Apple has joined Research in Motion in dumping software applications that allegedly notify drivers of the times and locations of sobriety checkpoints and drunken driving roadblocks. For anyone who doesn’t know, DWI checkpoints are set up by state and local police in areas that have a historically high incidence of drunk driving.

Motorists in Bergen, Monmouth, Ocean and Sussex County have no doubt seen these police enforcement techniques used throughout the years. And although these roadblocks are fairly random in nature, law enforcement agencies are required by law to announce future checkpoints to the public.

As a New Jersey DWI defense lawyer, I and my staff of experienced drunk driving attorneys understand the logic behind these sobriety roadblocks — that of catching motorists who may have had too much to drink and are legally intoxicated — however, we also know that many drivers do not even realize that their blood-alcohol content (BAC) is over the legal limit when they are stopped by police.

June 5, 2011

New Jersey State Trooper Faces Suspension for Multiple Drunken Driving Stops in Atlantic County

by Jonathan F. Marshall

As a New Jersey DWI defense attorney and former municipal prosecutor, I fully support the efforts of our law enforcement community in maintaining public safety. Everyday, uniformed men and women throughout the Garden State put themselves in harm’s way to help keep our cities, towns and villages pleasant and safe places to live and work. However, what I cannot abide is the apparent double standard that some police officers maintain when conducting their own affairs.

It is a sad commentary when a civil servant appointed by the people cannot live up to the same standards that they themselves are sworn to uphold. This applies not only to gross instances of criminality, but also to lesser infractions for which any other member of our society can be held accountable. As a drunken driving defense attorney, my focus is on helping those individuals who have been accused of driving while intoxicated, or otherwise impaired by alcohol, prescription medication (drug DUI), or even illicit drugs, such as marijuana.

Not long ago, a New Jersey State Police officer was recommended for suspension due to repeated drunken driving stops in the township of Hamilton. According to news reports, an administrative law judge recommended a 7-month suspension for Trooper Sheila McKaig in regard to the officer’s multiple drunken driving stops over a period of just three months back in 2008, and even earlier. Even though each of those traffic stops allegedly suggested suspected drinking on McKaig’s part, she was never subjected to blood-alcohol content (BAC) testing, nor was she charged with any violations.

June 3, 2011

Middlesex County DWI Arrest Update: Other Approaches to Fighting New Jersey Drunken Driving Charges

by Jonathan F. Marshall

It’s important to remember that a drunk driving arrest and subsequent DWI or drug DUI charges are not the end of the world. However, any time a person is picked up for driving under the influence of alcohol or driving while impaired due to prescription drugs one should always consult with a qualified DWI defense lawyer.

As New Jersey DWI-DUI defense attorneys, I and my staff have decades of experience in fighting for clients who have been accused of driving while intoxicated. Even those individuals who have been arrested for operating a motor vehicle while under the influence of illicit drugs, such as cocaine or marijuana, should speak with an experience legal professional to understand their rights under the law.

Here in the Garden State, whether you live in Ocean, Sussex or Monmouth County, the law considers you innocent until proven guilty. Fighting a DWI or DUI charge can be approached in many ways, depending on the individual circumstances. The following is a continuation of my earlier discussion on challenging a DWI arrest.

Rising Blood Alcohol Level
It’s may not seem logical, however it is possible for a motorist’s blood-alcohol content (BAC) to be measured at police headquarters sometime after the initial arrest and have a higher reading than if he or she had been measured at the scene of the traffic stop or sobriety roadblock.

How can this be? The fact is it takes an average of 50 minutes for alcohol that one has consumed to be fully absorbed in a person’s bloodstream. While this may seem like a long time, consider that it can take as long as three hours before a person reaches maximum BAC.

This is a critical point, especially if the drunken driving arrest occurs right after one has consumed the alcohol. In such cases, an individual’s BAC will likely still be rising at the time the police administer a breath test. In fact, even if your BAC was above 0.08 percent at the time of the blood draw or breath test, it could well have been under the legal threshold when you were actually on the road. (Because there is no law against having a BAC above 0.08 while at the police station, you might want to consult a drunk driving attorney to determine the best defense.
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May 31, 2011

Sales of DWI Sobriety Checkpoint Apps for Smart Phones on the Rise

by Jonathan F. Marshall

As the saying goes, knowledge is power; and apparently owners of smart phones are feeling more powerful every day. In the news of late are stories about the sales of software applications that allow users of iPhones, BlackBerries and Droids, among others, to keep track of drunken driving checkpoints, also known as sobriety roadblocks. Numerous government officials and police departments have been pressing Apple and Google to stop offering the apps, but this may be in itself be accelerating sales of the DWI alert software packages.

As New Jersey drunken driving defense lawyers, I and my team of experienced DWI attorneys are quick to advise people not to drink and drive. However, we understand that many motorists who are stopped by state and municipal police patrols don’t necessarily realize that they may be legally drunk, something which could end up costing them a great deal.

When a driver is pulled over at a drunk driving checkpoint, if a police officer detects signs of alcohol use he may request the driver to perform a variety of field sobriety tests. Once satisfied that the motorist is likely impaired by alcohol, the officer may also ask the driver to submit to abreathalyzer test. If his or her blood-alcohol content (BAC) measurement is 0.08 or above, the individual could be arrested and charged with driving while intoxicated. This is the beginning of a costly process that may lead to loss of the person’s job, alienation from family and friends, and possibly jail time under certain circumstances.

One way in which motorists are trying to avoid running into a sobriety roadblock is through the use of those DWI and DUI apps. According to news reports, these downloadable applications actually enable smart phone owners to pinpoint the locations of drunk driving checkpoints set from time to time up by police departments all across the Garden State.
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