DWI Stops

June 20, 2010

Police Arrest Driver for Marijuana Possession Following High-speed Chase in Bergen County

Some drug arrests have been known to start with a DWI or drug DUI traffic stop. There’s usually some reason for the initial stop, but a driver speeding down the highway is not a hard mark for a drunk driving or traffic enforcement patrol. A recent news report from Bergen County, NJ, shows the lengths that local police officers will go to apprehend a suspected drunken driver. As a New Jersey DWI defense lawyer, my legal experience includes years of defending motorists charged with driving while intoxicated either by alcohol, illicit drugs or prescription medications.

According to reports earlier this month, law enforcement officers from a number of towns in the vicinity of Mahwah, NJ, joined in a high-speed chase that began when a 1992 Toyota Celica was observed speeding along Route 17 in Mahwah around 2:30am. At that time, Mahwah Police Officer Stacy Conley apparently attempted to block the vehicle by pulling his patrol car across the highway with lights on. However, the Celica avoided the officer by veering onto the shoulder and kept traveling southbound at a high rate of speed.

The Celica’s driver, 26-year-old Shahan Momin, was eventually being pursued by police vehicles from Bergen County, Paramus, Rutherford and Lyndhurst. Toward the end of the chase, Momim reportedly tried to pull of of 17 onto Route 3 but lost control of his vehicle, which rolled several times ending up in an opposing lane of the roadway.

June 18, 2010

New Jersey Drunk Driving Defense Update: Cigarette Smoking May Cause Higher BAC Breathalyzer Reading

by Jonathan F. Marshall

Many people confronted with a first-time arrest for driving while intoxicated begin to wonder what factors, beyond any actual beer, wine or liquor consumption, affect the blood-alcohol content (BAC) results from an Alcotest or other breathalyzer device. Naturally, as New Jersey DWI defense lawyers, we understand this area of the law quite well. But sadly, the science behind drunken driving arrests and convictions may not always be completely reliable.

Whether a motorist received a breathalyzer test at a mobile DWI unit or at a police department, the machines are very similar. These devices do not measure alcohol content in the blood itself, they are actually designed to detect chemical compounds containing the methyl group of molecules. Based on this methyl measurement, these devices produce a reading (as a percentage of blood-alcohol content) that is used to charge the motorist with driving while under the influence.

One of the weaknesses in this method of BAC measurement is that breathalyzers like the Alcotest machine make an assumption that any methyl molecule detected in a person’s breath is from alcohol. However, methyl molecules are not just found in alcoholic beverages, they exist in other substances.

The fact that the methyl group occurs elsewhere can be important knowledge for one segment of New Jersey’s driving public: Smokers. According to recent studies, breathalyzer machines may have a hard time distinguishing between the methyl molecules in alcohol and those found in acetaldehyde.

For readers who didn’t go to medical school or graduate with a degree in chemistry, acetaldehyde is a compound produced by the liver in small amounts as a by-product in the metabolism of alcohol. What came as a surprise to some researchers is the finding that acetaldehyde concentrations in the lungs of smokers was often many time greater than that found in the lungs of non-smokers.
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June 16, 2010

NJ Drunk Driving News: Motorist Who Caused late-March Cape May Power Blackout Pleads Guilty to DWI

by Jonathan F. Marshall

A woman single-handedly pulled the plug on 18,000 residents in Cape May, NJ, on a cold March morning earlier this year, but the reason behind the crash that left so many in the dark was much more simple. According to court records, 26-year-old Denise M. Pomykacz of Burlington Township was driving under the influence of alcohol the morning of March 27 when she plowed into a utility pole just before 5am.

As a former municipal prosecutor and now as a New Jersey drunk driving defense lawyer, I know how combining a DWI arrest with other traffic offenses or moving violations can complicate an individual’s case. Whether one is facing charges of driving while intoxicated, breath test refusal or prescription drug DUI, there is no sense in making things worse by adding property damage or injury to the list of offenses.

In the recent case of Ms. Pomykacz, the former West Wildwood resident reportedly pled guilty in a Middle Township courtroom to DWI charges lodged against her following the drunken driving episode that winter morning.

June 13, 2010

NJ Drunk Driving Defense News: Despite Potential Jail Time, DWI Not a Crime Meriting Jury Trial

by Jonathan F. Marshall

If you feel that because jail time can be attached to certain drunken driving convictions that it makes sense for drunk driving offenses to be categorized as crimes requiring a trial by jury, well, you’re probably not alone. However, as stiff as drug DUI or DWI sentence can be in cases of driving under the influence of alcohol or prescription drugs, the Superior Court of New Jersey apparently believes the right to a jury trial is not usually called for, or so it would seem based on a recent decision by the high court.

The recent decision in New Jersey v. McLaughlin by the state’s Supreme Court Appellate Division made this abundantly clear when Steven G. McLaughlin filed an appeal a DWI conviction he received after he was denied a jury trial five years back in Ocean County, NJ.

According to court records, Mr. McLaughlin was pulled over on suspicion of drunk driving in 2005 year when he was stopped for speeding in Brick Township, NJ. As a result of that drunken driving police stop, McLaughlin was arrested and charged with driving while intoxicated. His case went to court on September 21, 2005, which resulted in a conviction for DWI, speeding and reckless driving.

On appeal McLaughlin was again found guilty on all three counts and sentenced to 90 days in jail, plus another 90 days of in-patient treatment as a result of the DWI offense. There was also a 30-day concurrent sentence for his reckless driving conviction. The man’s driver’s license was suspended for 10 years and the court levied related fines and court costs against him. Prior his next appeal, McLaughlin’s sentence and all penalties, except his revoked license, were suspended pending that court’s decision.

On review of the case, the defendant’s convictions were upheld in an unreported decision on June 13, 2007. It was at this point that McLaughlin applied to the Law Division for a jury trial on his DWI offense. Following oral arguments on October 10, 2008, the presiding judge denied the defendant’s motion and ordering the immediate execution of the DWI and other sentences previously imposed.

The judge in the 2008 decision concluded that although the defendant indicated he faced serious quasi-criminal and civil consequences as a direct result of his original court hearing the law states that a defendant charged with DWI is not entitled to a criminal trial by jury. In short, drunk driving is not a criminal offense within the meaning of the New Jersey Constitution.
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June 5, 2010

NJ Appellate Court: Liquor Stores Not Protected Against Lawsuits by Drunk Drivers following DWI Injury Accidents

by Jonathan F. Marshall

A recent New Jersey appellate court ruling has opened the door to lawsuits from obviously intoxicated customers who purchase liquor prior to being involved in a DWI-related injury accident. The ruling essentially states that liquor establishments, such as beer and wine shops, are not protected under the same New Jersey statutes that prevent third parties from being sued by drivers found to be at fault in a car accident as a result of driving under the influence of alcohol.

The court explained its decision stating that drivers who endanger public safety by driving while intoxicated should be penalized by being stripped of their right to suing third parties, however those owners of stores licensed for the sale of alcohol have a legal obligation to avoid serving drunken customers and then allowing them to go forth and travel New Jersey roadways (Voss v. Tranquilino, No. A-5431-08T1).

It was suggested that the state legislature was likely wrong to have imagined that the instances of drunk driving on Garden State roads would have been reduced by essentially “immunizing” beer-, wine- and liquor-sales establishments from lawsuits filed by drivers arrested for DWI-related traffic offenses.

June 2, 2010

Comatose Woman Dies following 2007 Fatal Drunk Driving Accident Caused by Ex-New Jersey Cop

by Jonathan F. Marshall

Having worked for many years as a municipal prosecutor I gained a healthy respect for the people serving in law enforcement. Now as a New Jersey DWI defense lawyer, I defend motorists accused of driving while intoxicated, arrested by some of those very same officers. While I admire the dedication of our police and their commitment to public safety, it gives me pause when I read about patrolmen and other individuals associated with law enforcement who flaunt the very laws they are sworn to uphold.

Being accused of drunken driving is nothing to be taken lightly, especially when fines and jail time are fairly heavy and the social stigma of being convicted of driving under the influence of alcohol can very often ruin reputations and business careers. The police, like other persons of authority, have a duty to be exemplary role models to the rest of society.

A recent news article reminds all of us that police officers do not always practice what they preach, and sometimes cause great harm when ignoring the law themselves. Based on reports, forty-year-old Ruth Zelaya died on March 24 as a result of “complications from a 2007 car crash that killed her 2-year-old son and left her in a comatose state until her recent passing.

May 30, 2010

Sussex County, NJ, DWI Law Update: Sparta Township Drunk Driving Arrest Procedures Under Fire

by Jonathan F. Marshall

A lawsuit filed in Newark Federal Court has pointed out some potentially serious problems with the policies at the Sparta Township Police Department, according to news reports. The suit, filed by two Newton, NJ, attorneys was prompted by their own 2008 arrest for driving while intoxicated in the Sussex County municipality.

As a New Jersey DWI defense lawyer, I know how strict certain police agencies’ policies can be regarding drunk driving violations. Similarly, there are some municipalities that have questionable tactics, which can cause problems for the prosecuting attorneys in those cities and towns. Being a former prosecutor myself, I know the ins and outs of the court system when it comes to drunk driving cases, all of which helps me to provide an aggressive defense to my clients.

In the case of the Sparta suit, court records indicate that the attorneys allege Sparta police “routinely rely upon false pretexts to improperly stop, falsely charge, and overcharge motorists of alleged infractions of the Motor Vehicle And Traffic Laws.” That’s a pretty specific accusation and something that definitely matches what is being called a major civil rights case against the township of Sparta. Essentially, the suit is challenging the constitutionality of the practices and policies of the Sparta police department.

The suit stems from a traffic stop on April 11, 2008. Reportedly Kevin Kelly and Megan Ward had attended an event at the Lake Mohawk Country Club, after which they were seen arguing in the parking lot by an off-duty Blairstown police officer. That officer phoned Sparta police to report a possible domestic dispute and then informed dispatch the two seemed fine because they drove off together on West Shore Trail.

Based on reports, Sparta police were dispatched to the scene and then followed the attorney’s vehicle, with Ward at the wheel and Kelly as the passenger. Despite there being no overt traffic violations — as recorded by the police car video — the officers still stopped and questioned the two occupants.

Ward was asked to step out of the vehicle and perform five sobriety tests. The officers made the determination she was impaired and arrested her. Kelly was also arrested as the presumed owner of the car driven by an impaired driver.
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May 28, 2010

Morris County Police Arrest New Jersey Driver after DWI Crash into Chatham Waterway

by Jonathan F. Marshall

Following a potentially deadly early-morning single-vehicle accident in Chatham Township, a Morristown man was arrested and charged with drunken driving. This kind of accident and subsequent DWI arrest is not uncommon, though in this case the man was perhaps lucky that he made it out alive. As a New Jersey drunk driving defense attorney, my main concern is to see that motorists get a fair shake in court.

The apparent drunk driving incident in question occurred around 1:30am in mid April, according to news accounts. Police had responded to a report of an overturned vehicle laying in the brook on Loantka Way in Chatham. Based on police investigation following the accident, the 37-year-old driver allegedly hit a utility pole with his car and then rolled into the nearby brook.

Shawn Beckler of Morristown had reportedly been traveling along Loantaka Way from Shunpike Road toward Spring Valley Road when he apparently failed to negotiate a curve in the roadway. Traveling straight, Beckler’s vehicle struck a utility pole before hitting a fence and a stand of trees, then overturning and ending on its hood in the brook.

May 25, 2010

Lyndhurst, NJ, DWI Update: Lodi Man Arrested for Drunk Driving following Accident in Wendy’s Parking Lot

by Jonathan F. Marshall

Arrests for driving while intoxicated can happen nearly any time and almost anywhere. As a New Jersey DWI attorney, I have represented numerous motorists accused of drunken driving where a seemingly simple fender-bender precipitated into a full-blown drunk driving arrest.

Lyndhurst, like that most other Garden State municipalities, sees its share DWI, drug DUI and breath-test refusal cases every month. Some of these cases arise out of normal traffic enforcement, while others are called in by citizens who believe they have observed drunken driving behavior. Not long ago, a Lodi, NJ, man was arrested and charged with driving under the influence of alcohol following an accident at a local Lyndhurst Wendy’s fast food restaurant.

According to news reports, Lyndhurst police officers responded to an early morning call from the manager of a Wendy’s on Ridge Road. The call, which came in just before 2am, alerted police to an incident at the restaurant where a light-colored vehicle apparently collided with the drive-through window before the driver, later identified as John Finn, fled the scene.

May 22, 2010

NJ Appellate Court Upholds DWI Conviction against Woman Who Claimed Police Had Insufficient Cause

by Jonathan F. Marshall

An important part of a DWI arrest and conviction is proper police procedure. Before a law enforcement officer can stop a vehicle and its driver for drunk driving, there must be sufficient cause for the traffic stop to legally occur in the first place. This is why many drunken driving arrests happen following a seemingly routine traffic stop, such as an improper lane change, running a stop sign, or speeding.

As a New Jersey DWI defense lawyer and former municipal prosecutor, I understand the circumstances that can lead to an arrest for driving under the influence of alcohol or prescription drugs (also known as drug DWI or drug DUI). Because the police need to show sufficient cause for a traffic stop, this is an important element in any DWI prosecution or drunk driving defense.

A recent appellate court decision upheld a lower court ruling against a woman who was accused of driving while intoxicated in Florham Park, NJ, back in the summer of 2007. According to court records, Marylou Panza had appealed her drunken driving conviction andrefusing a mandatory chemical test on the grounds that she had been stopped without reasonable suspicion of wrongdoing.