DWI Stops

February 16, 2011

Burlington County Man Indicted for Fatal Drunken Driving Crash that Killed Two People

Regardless of whether you live in Burlington, Ocean, Monmouth or Passaic County, being charged with DWI where others were injured or killed can be quite serious. As New Jersey runk driving defense lawyers, I and my staff are concerned with representing those individuals who have been arrested for driving while intoxicated, either by alcohol or a controlled dangerous substance (CDS), such as prescription medication, marijuana or other illicit drug.

In some cases, a charge of operating a motor vehicle while under the influence of alcohol or drugs (Drug DUI) can be combined with other serious charges, like vehicular homicide or assault by a motor vehicle. Unlike being arrested in connection with a minor traffic violation, these kinds of offense — fatal DWIs and drug DUIs — bring with them serious consequences if the defendant is convicted.

Such a case was initiated against a resident of Maple Shade, NJ, following a fatal car crash back in 2009. According to reports, 28-year-old Steven Ford was indicted not long ago by a Burlington County grand jury for the deaths of two people in Mount Laurel. In that crash, police charged the man with intoxicated driving in addition to two counts of first-degree aggravated manslaughter, two counts of second-degree vehicular homicide, and one count of fourth-degree assault by auto.

According to news reports, the fatal car accident took place on a Sunday afternoon along a stretch of Rte 38. Police reports indicate that Ford was driving his pickup truck in a westerly direction on Rte 38 at an allegedly high speed just prior to losing control fo the vehicle. The truck allegedly hit the curb of the grass center median, which caused the vehicle to be launched into the eastbound lanes of traffic. The pickup crashed into a sport utility vehicle and then a box truck.
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February 13, 2011

NJ Drunk Driving News: Stiffer DWI Penalties May Not Discourage Motorists Who Drive While Intoxicated

by Jonathan F. Marshall

While some may say that we are still in the dark ages of combating drunken driving on New Jersey’s roadways, others argue that DWIs and drug DUIs have been reduced to acceptable levels. Few will agree exactly on the course to take from this point on, but as a New Jersey drunk driving defense lawyer, I’d say it’s a fair assumption that many of the motorists arrested for driving under the influence of alcohol or prescription medication would never have considered themselves impaired.

Of course, that doesn’t mean that some drivers have broken the law knowingly, but these days quite a few individuals find themselves on the receiving end of a drunken driving summons or even arrested for operating a motor vehicle while intoxicated. Whether one is expecting to be charged with DWI or not, there are very stiff penalties for driving drunk in the Garden State.

Recently, critics are claiming that after years of increasing fines and penalties, as well as public awareness campaigns, sobriety roadblocks and saturation patrols, there appears to have been little decrease in the overall number of DWI and DUI arrests on New Jersey’s roadways.

In 2009, there were reportedly 27,838 drunken-driving arrests in this state, fewer than any year in the entire decade now past. According to statistics from the New Jersey State Police, that figure represents a three-percent decline from the previous year. Based on information from various government authorities, the number of drunken driving arrests has held pretty much at the same level for nearly 10 years. The peak, according to news reports, occurred in 2007 when arrests nearly hit 30,500.

Federal grant monies are constantly being funneled to state and local police departments across New Jersey totaling millions of tax dollars to put more police officers on the street over the holidays. Although the idea is to crack down on drunk drivers, some say these DWI campaigns only scare off responsible adults and hurt local businesses such as restaurants and other establishments that serve alcohol.
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February 11, 2011

NJ Drunk Driving Update: Multiple Drunk Driving Convictions? Consult with an Experienced DWI Defense Attorney

by Jonathan F. Marshall

The old adage, “Where there’s one, there’s two,” can apply to many aspects of life. For motorists convicted of a first DWI offense, there is unfortunately the distinct possibility of being stopped at a future date and accused of driving under the influence of alcohol. For those individuals facing the possibility of multiple drunken driving convictions, you should definitely consider enlisting the services of a qualified DWI defense lawyer.

Whether an individual has been charged with a DWI or DUI in Essex, Atlantic, Bergen or Monmouth County, the consequences of multiple convictions remain the same and can be extremely detrimental to a person’s future. Careers have been forfeited, relationships have been destroyed and friendships lost over something as seemingly inconsequential as driving with a slight buzz.

But the penalties and consequences of a second or third DWI conviction are anything but trivial. My suggestion to anyone facing this kind of scenario is don’t make a bad situation any worse; take the necessary steps now to defend yourself in a court of law — consult with an experienced DWI defense attorney.

February 9, 2011

Drunken Driving News: Garden State Police Log DWI-DUI Arrests in Orange and Union County

by Jonathan F. Marshall

Union County DWI Traffic Stop

A traffic accident involving two vehicles early on a Sunday morning precipitated a DWI arrest for one individual not long ago. According to news reports, the car crash occurred just before 2am in Fanwood at the intersection of South Ave. and Terrill Rd. According to police, officers at the scene interviewed both drivers and were able to determine that one of the cars rear-ended the other as it sat at a red light.

During one of the interviews, patrolmen reportedly detected the odor of alcohol emanating from a 20-year-old man from Scotch Plains, NJ. Allegedly smelling the strong scent of alcohol on the suspect’s breath, officers requested the man to perform a field sobriety test. Failing that test, police placed the man under arrest and took him to the local police headquarters where he was processed and issued a summons for careless driving and DWI. The driver was subsequently released to a responsible party pending a court date.

February 6, 2011

New Jersey Drunk Driving Arrests Follow Multiple Steps before a Final, Possible DWI Conviction

by Jonathan F. Marshall

It doesn’t matter where you live in the Garden State — Atlantic, Bergen, Monmouth, Passaic or even Ocean County — as a motorist there is always that possibility that you will be pulled over by the New Jersey State Police or a local patrolman for one of dozens of relatively minor traffic offenses. But an interesting fact is that nearly every DWI arrest begins with a routine traffic stop.

As a drunken driving defense lawyer, I and my colleagues have defended literally hundreds of individuals charged with driving under the influence of alcohol, prescription meds or even illicit drugs such as marijuana or cocaine. Being stopped for something as seemingly minor as a burned-out taillight can actually result in some motorists receiving a summons for drinking and driving.

Some people may not realize that for an arrest for drunken driving to be legal it must have been preceded by what state law defines as “reasonable suspicion.” In this case, the suspicion would be that the driver of vehicle has committed a traffic violation.

This requirement is based on a case known as New Jersey v. Carpentieri, in which the New Jersey Supreme Court ruled that a police officer needs to have an “articulable and reasonable suspicion” that the driver of a vehicle has committed a violation of New Jersey traffic law before that officer can even consider pulling the suspect’s car or truck over.

Following the initial stop for the traffic offense, the patrolman must by law have probable cause prior to making any arrest and before having the driver submit to breathalyzer test. By probable cause the law states that the officer must have cause to believe that the motorist is operating his car or truck while under the influence of alcohol or other substance that may have caused impairment.

Please keep in mind that at no time during this early stage of a DWI arrest does a driver have the right to advice from counsel. Even an experienced DWI lawyer will be of absolutely no help at that particular point in time.
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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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February 2, 2011

New Jersey Youths Charged with Underage Drinking Face Potential Problems Down the Road as Adults

by Jonathan F. Marshall

As a New Jersey DWI defense attorney, I and my staff of experienced legal professionals have represented numerous minors charged with underage drinking and DWI. With offices in Ocean County, Bergen County, Passaic and Middlesex Counties, we possess extensive knowledge of state and local drunk driving and DUI laws and prosecutorial strategies.

As experienced DWI lawyers, we also understand that a conviction for underage drinking or driving while intoxicated can seriously impact a young person’s future. Although youngsters may not believe that a seemingly minor event could in anyway have a bearing on their future life or business career, there always exists the potential for unintended consequences down the road.

For a young adult just setting out on his journey toward adulthood, being arrested for underage drinking can have a considerable impact on his life. And the facts speak for themselves.

January 26, 2011

New Jersey Driver Convicted of Drunken Driving Following Arrest at a Bergen DWI Checkpoint Loses Appeal

by Jonathan F. Marshall

Sobriety checkpoints, also known as drunk driving roadblocks, can be the source of many drunken driving arrests. For many drivers, being arrested for driving under the influence of alcohol or prescription medication, even illicit drugs or CDS (controlled dangerous substances), can begin a chain of events that can lead to a DWI or drug DUI conviction.

Penalties for driving while intoxicated in the Garden State can not only put a dent in one’s wallet, but can also lead to jail time depending on the circumstances or if the defendant already has previous DWI convictions under his or her belt. In some cases, an appeal can be mounted, which can either overturn a lower court’s decision or reduce the penalties associated with the original conviction.

Sometimes, however, an appeal can be turned down based on the facts of the case. One such example of a failed appeal is the case of New Jersey v. Robert Brembt. Decided last year, this particular case involved the conviction of Mr. Brembt by a Bergen County court. Court records show that Brembt’s appeal was based on his contention that the sobriety checkpoint at which he was arrested for DWI violated the standards set forth in the 1985 case of State v. Kirk.

Brembt was initially stopped at a DWI checkpoint on a stretch of Wyckoff Ave. in Waldwick Twp on May 24, 2008. The stop occurred just before 1am, at which time an officer approached Brembt’s vehicle and observed that the defendant’s eyes were “glassy and watery.” The patrolman also reportedly saw two open beer cans in the vehicle, as well as smelling alcohol on the man’s breath.

The officer asked Brembt to recite the alphabet, count backward, and perform other field sobriety tests. Based on defendant’s performance of these tests, police concluded that Brembt was impaired due to alcohol and arrested him at the scene. He was charged with DWI in a school zone, having an open alcohol container in his vehicle, and reckless driving.

Brembt and his attorney filed a motion to suppress arguing that the sobriety checkpoint did not meet the State v. Kirk requirements. However, the lower court conducted an evidentiary hearing and denied the motion. As a result, Brempt entered a conditional plea agreement, in which he reserved the right to appeal the denial of his motion to suppress. He then pled guilty to DWI, while the other charges were dismissed. The man was sentenced 48 hours in the Intoxicated Driver Resource Center (IDRC) and a month’s worth of community service. His driver’s license was and vehicle registration was suspended for two years, and fines and penalties were imposed.

While a sobriety checkpoint or DWI roadblock is considered a seizure within the meaning of the Fourth Amendment to the United States Constitution, as well as Article I, paragraph 7 of the New Jersey State Constitution, State v. Kirk does not require police to show probable cause when stopping any individual motorist, however it does require that the police show some rational basis for deploying that kind of enforcement technique.
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January 23, 2011

New Jersey Drunk Driving News: DWI Study Reveals High Rate of Intoxicated Driving Among Younger Motorists

by Jonathan F. Marshall

According to a recent study released by the Substance Abuse and Mental Health Services Administration (SAMHSA), about one-fifth of young people admit to driving under the influence at one time or another. Based on data collected by the SAMHSA, the rate of intoxicated driving may seem alarmingly high, but it also indicated that there may be some progress in getting drunken drivers off public roads.

As a New Jersey DWI and drug DUI defense attorney, I can see how these finding findings from data gathered between 2006 and 2009 shows a still large percentage of younger drivers taking to the roads in an impaired or inebriated state. According to news articles, the average annual rate of DWI dropped nearly ten percent from 14.2 to 13.2 percent between 2002 and 2005. Similarly, drug DUI dropped to 4.3 percent from 4.8.

This recent survey of driving habits, which was collected from information available between 2006 and 2009, showed that 30+ million American motorists admitted to driving under the influence of either alcohol or drugs in the previous year. Not surprisingly, at least from the standpoint of cases that my firm has handled in Monmouth, Ocean and Passaic County here in New Jersey, greater than 10 million drivers said that they drove while under the influence of illegal drugs.

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.