DWI Stops

November 21, 2010

NJ Legal Defense Update: Understanding the DWI Arrest and Conviction Process — Part Two

Understanding how law enforcement and the New Jersey courts approach drunk drivers is a basic first step in getting ready for a potential drunken driving arrest sometime in the future. It goes without saying that few people, if any, expect to be charged with driving under the influence of alcohol (DWI) or prescription medications (drug DUI). In fact, most drivers are hardly prepared when a drunken driving arrest does happen to them. Needless to say, being taken into custody by a New Jersey state trooper or local police officer is just the start of what can be a long and costly process.

As a New Jersey DWI defense lawyer, I believe that knowledge is power. The following offering provides some additional info that supplements a previous entry from October. As Mercer, Middlesex and Essex County DWI defense lawyers, our hope is that this information may be of some help to motorists if and when they are pulled over for driving under the influence of alcohol, prescription meds, or even illicit drugs (drug DUI), and maybe even marijuana possession in a motor vehicle.

When it comes to impaired driving, the police may suspect a motorist is drunk based on the manner in which he or she acts during a routine traffic stop. One way that patrolmen make the decision to have a driver submit to a breath or blood test is to have the suspect perform several standardized field sobriety tests.

A one of the main tools of drunken driving enforcement, field sobriety tests can be one of several pieces of evidence use by the prosecution in court to prove that a driver was impaired at the times of the arrest. These sobriety tests typically involve three separate tests:

1) Horizontal gaze nystagmus 2) One-leg standing test 3) Walk-and-turn test
That first one is something you may recall from TV cop shows where the officer asks the suspect to follow a penlight with his eyes as the patrolman moves it from side to side. Naturally, anyone charged with DWI should consult with an attorney vis-à-vis the legality of any tests and whether they were administered in the proper manner.

In addition to the above tests, an officer will also be looking for anything a subject may say or do during the DWI stop, all of which could possibly be noted and then used against the motorist as evidence to gain a drunken driving or drug DUI conviction. As one might imagine, even the way a suspect gets out of the vehicle may be used against him or her by the local prosecutor when trying the case in court.
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November 19, 2010

Middlesex, NJ, Driver Charged with Drunk Driving and Hit-and-Run near Linden

by Jonathan F. Marshall

It’s never a good idea to leave the scene of a traffic accident, especially when you may have been the cause of the crash. Add to that the possibility of being arrested for drunk driving and the police, much less the court, will have little sympathy for your position. Other circumstances can also make a drunken driving case more involved when compared to other less egregious offenses.

Anytime that a DWI-related traffic accident happens it is always a good idea to seek advice from a qualified legal professional. As a New Jersey drunken driving defense lawyer, I know the law as it applies to DWI and drug DUI charges. Beer, wine, liquor, prescription medication, medication and other controlled dangerous substances can all be the cause of an arrest for driving under the influence. In any case, the potential fines and penalties can be quite onerous for individuals, especially in these difficult economic times.

A drunk driving arrest in Union County, NJ, provides just one example of the kinds of DWI and drug DUI charges that can be lodged against a motorist. In this case, according to a news report, a man was arrested on a Saturday evening after a local police officer stopped the driver of a pickup truck following a report of a hit-and-run accident on West Edgar Road.

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 15, 2010

Madison, NJ, DWI and Drug DUI News: Drug Possession, Under-age Alcohol Possession and Drunk Driving

by Jonathan F. Marshall

As Morris County drunk driving defense attorneys, my office represents motorists charged with DWI and drug DUI offenses. Incidents of driving under the influence of either alcohol or drugs, whether prescription or illegal substances such as marijuana, occur with relative frequency all across New Jersey.

Examples of arrests for driving while intoxicated can be found in the news almost every day. The following reports are just a sampling of the kinds of DWI and DUI traffic stops that happen on the roads throughout the Garden State. Regardless of the circumstances, it is always important to contact an experienced DWI defense lawyer to understand your options.

Early in the morning on a Thursday a 21-year-old driver was stopped by police for a motor vehicle violation. The incident quickly developed into a case of possession of drug paraphernalia. According to reports, the Bayonne, NJ, man was stopped for speeding. During the traffic stop the officer in charge determined that the motorist had some drug paraphernalia in the car. The man was taken to police headquarters for processing. He was subsequently released with a summons for speeding and a pending court date.

November 12, 2010

Legal Defense Update: Somerset County, NJ, Motorist Pulled Over then Fined for Obscured License Plate

by Jonathan F. Marshall

No matter how carefully an individual drives after having a drink or two, there is no guarantee that he or she won’t be stopped by a police officer and charged with driving under the influence of alcohol. It takes just a moment and you could be pulled over for the simplest of motor vehicle violations. Once that happens, the officer could notice the smell of alcohol on your breath or some other telltale sign of intoxication.

As a New Jersey DWI defense attorney and former municipal prosecutor, I know the process through which a accused drunk driver must pass to possible conviction for drunken driving. Not only impairment by alcohol, but also prescription drug and marijuana use can land a motorist in police headquarters after an alleged DWI or DUI incident.

As Somerset drunken driving defense lawyers, my staff of highly capable attorneys has the skills and legal training to represent individuals facing possible drunk driving penalties here in the Garden State. That chain of events can begin with the most inconsequential item, like a burned-out headlight or cracked windshield. This is because police all around New Jersey are constantly observing drivers and their vehicles for violations.

Not long ago a Basking Ridge, NJ, driver was ticketed because his vehicle’s license plate was partially obscured, According to reports, although the man was not driving under the influence of alcohol, the incident illustrated how a driver could be stopped for this seemingly minor violation. The entire event occurred at a police checkpoint in Middlesex County, when police issued the man a ticket for a license plate frame that was apparently blocking part of the words on his New Jersey license plate.

According to news reports, the man was in his Toyota 4-Runner passing through a checkpoint on Main Street in Metuchen, NJ. A police officer observed that his inspection sticker was not properly affixed to the car’s windshield. But instead of issuing a ticket for the inspection sticker, patrolmen issued the man a ticket for his license plate frame, which officers alleged was covering some of the words on his New Jersey license plate.
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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 8, 2010

Atlantic County, NJ, Republican Candidate Arrested for Driving While Intoxicated and Breath Test Refusal

by Jonathan F. Marshall

I’ve said it here before, but it always bears repeating; being caught for drunk driving here in New Jersey can affect your family, your standing in the community and even your career. In fact, even a first DWI or drug DUI offense can put a serious dent in your future, whether you are a teenager or a seasoned citizen. While the circumstances may vary, most people find that being accused of drunken driving can be just the beginning of a long, tough road.

As Atlantic County drunk driving defense lawyers, my legal team meets with a wide range of clients who have been charged or otherwise accused of driving while intoxicated. Serving motorists throughout the Garden State as a New Jersey DWI-DUI defense attorney, I understand the seriousness of being convicted of impaired driving, not only in terms of fines and penalties, but also in terms of the stigma attached to such a guilty verdict.

Just last month, the chairman of the Atlantic County Board of Freeholders, Jim Curcio, was arrested for drunken driving. Curcio, who was also the Republican candidate for county surrogate, was stopped by police in the early morning hours of a Sunday. According to reports, Police apparently observed the 50-year-old operating his vehicle without his headlamps on at 2am in the morning along Route 322.

November 5, 2010

Bergen County Police Report: Illegal Immigrant Arrested for Drunk Driving in Teaneck, New Jersey

by Jonathan F. Marshall

Being stopped by a police officer for a routine traffic offense can lead to other, more serious charges. As a New Jersey DWI defense attorney, my goal is to assist motorists accused of driving under the influence of alcohol, prescription drug DUI, or other drunken driving charges. What this means to the average driver is that a simple broken taillight can turn into a DWI summons depending on whether or not that individual has a certain amount of alcohol in his or her bloodstream.

As drunk driving defense lawyers in Bergen, Ocean, Middlesex and other counties across the Garden State, my firm sees all manner of DWI arrest scenarios throughout the year. To complicate matters, a driver who actively takes the wheel in an intoxicated state may be risking other charges and legal actions. Case in point, an allegedly illegal immigrant who was stopped a while back by patrolmen in Teaneck, NJ, for driving while intoxicated.

According to news reports, police were alerted to a car being driving in a reportedly erratic fashion along Queen Anne Road in the early evening hours on a Sunday. Based on police reports, patrolmen pulled the woman over after they observed her car apparently crossing the double center line of the road.

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.