DWI Stops

May 19, 2010

NJ Drunk Driving Defense News: Lyndhurst Police Net Two DWI Arrests Following Traffic Stops

Not a single days goes by that some New Jersey motorist is pulled over by a State Police trooper or local law enforcement officer for some traffic infraction. It is not uncommon for such routine traffic stops to turn into drunk driving arrests, for a number of reasons. As a New Jersey DWI defense attorney, my office provides a valuable service to individuals accused of driving under the influence of alcohol or prescription drug DUI.

Regardless of the circumstances, it is foolish to “take your medicine” and not fight a drunk driving charge. This is especially true for persons with jobs that require a valid driver’s license and an unblemished driving record. Even those people who do not rely on driving to support themselves and their family, a DWI conviction can have a lasting effect on an individual’s standing in the community and with their friend and relative.

The two recent arrests in Lyndhurst, NJ, illustrate the way in which motorists can be singled out by police and eventually charged with operating a motor vehicle while intoxicated.

May 16, 2010

Seton Hall Report Questions Accuracy of New Jersey Alcotest Breath-testing Machine Regarding DWI Cases

by Jonathan F. Marshall

Once again, the validity of breath-test measurements coming out of New Jersey’s Alcotest devices is being questioned, this time by Seton Hall University’s school of law. Titled “The Untestable Drunk Driving Test,” the report shines a spotlight on the reputed accuracy and reliability one of the most damning pieces of evidence used by the state in DWI cases against motorists accused of driving under the influence of alcohol.

Working with other DWI defense lawyers at my firm, we have a great deal of experience in this area. In fact, as a former municipal prosecutor I myself relied on the results for the blood-alcohol content (BAC) testing that law enforcement officers perform everyday on accused drunken driving offenders.

According to this latest report out of Seton Hall in South Orange, NJ, Alcotest maker Draeger AG & Company lobbied to have the machine’s source code classified as a trade secret. Because of this, there has apparently been no easy way to confirm the accuracy of the device. What this means, essentially, is that the state of New Jersey purchased a “black box” device that state police and other law enforcement agencies use regularly to arrest and charge drivers with drunk driving.

Because no independent group is allowed to buy and test the Alcotest device — apparently a Seton Hall University professor attempted to buy one from Drager, but was denied — scientific comparisons are next to impossible. Based on recent news reports, 20 people convicted of DWI have sued the state over the results of the Alcotest device. As a result, Drager agreed to allow outside companies to review the source code, but not the machine itself.

Reportedly, Draeger contracted Colorado-based SysTest Labs to review the device’s source code, while the plaintiffs used a New York-based company to analyze the code. The Seton Hall report claims that both companies determined the code was flawed, however, these third parties each reached different conclusions regarding the reliability of the machine.

SysTest said that despite the flaws the Alcotest machine would “reliably produce consistent test results.” This in itself is not a glowing endorsement, but the plaintiffs’ research firm, Base One, went one further by saying it found 24 “major defects,” nine of which would have a significant impact on the device’s testing results.
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May 14, 2010

DWI News: New Jersey State Police Trooper Gets Multiple Passes for Driving Under the Influence

by Jonathan F. Marshall

Being arrested, much less convicted, of drunken driving can adversely impact an individual’s personal and work life. In fact, careers have been ended by DWI convictions. This just one of many pitfalls as a result of being arrested for DWI or drug DUI here in the Garden State. As a New Jersey drunk driving defense lawyer, I know what happens to motorists arrested and charged with driving while under the influence of alcohol.

Having worked as a municipal prosecutor in years past, I am particularly sensitive when I read that a law enforcement officer has apparently taken advantage of their position to avoid punishment for an alleged crime. It’s a sad fact that many times police officers who enforce drunken driving laws will themselves get a “pass” from other officers if stopped for driving while intoxicated.

According to a recent news article, State Police Trooper Sheila McKaig was reportedly stopped 10 times for various offenses including DWI over a period of 14 months, yet she never received a citation in New Jersey for any of those incidents. The most recent one occurred in Atlantic City in 2008 when McKaig was let go after she was pulled over by another officer on suspicion of DWI.

May 12, 2010

NJ DWI News: Will New Law Increase Police Focus on Young Drivers, Drunk or Otherwise?

by Jonathan F. Marshall

A recently passed law requires drivers under the age of 21 to place a red sticker on their vehicle’s license plates. While the intent of the law appears to be a good-hearted attempt at traffic safety, as a New Jersey DWI defense attorney I tend to side with those claiming the $4 sticker will only invite unwarranted scrutiny and potential discrimination against a segment of the driving public.

When it comes to drunk driving enforcement, New Jersey State Police and municipal police officers are always on the lookout for motorists who may be operating their vehicles while impaired due to alcohol, prescription drugs or controlled dangerous substances (CDS). Young drivers who exhibit traffic behavior suggesting inebriation could quite possibly by singled out due to that red mark on their license plate.

According to an editorial, the new law that took effect on May 1 will must likely lead to discrimination against young drivers which probably wouldn’t happen without a red dot. According to the author, New Jersey is one of the top ten safest states for teenage drivers. Referring to the 2001 law that established a curfew for teenagers and significantly decreased the teen driver accident rates, the editorial asks if there is any good reason to put another law into effect.

May 11, 2010

Drinking and Driving by Minors in New Jersey: Heavy Consequences Apply to Underage DWI Convictions

by Jonathan F. Marshall

Here in New Jersey, state and local law enforcement agencies take underage drinking very seriously. As a minor or parent of an underage child, you should know that New Jersey law is very specific when it comes to underage drinking and driving. Since a person must be 21 years or older to puchase, be in possession of or consume an alcoholic beverage, underage drinking is — by definition — against the law.

The consequences of underage drinking are rather severe under state law, especially as when as it applies to operating a motor vehicle while under the influence of alcohol. But regardless of whether you are stopped for DWI while operating a vehicle, simply being convicted of underage drinking could very probably affect your driving privileges into the future.

Case in point, say an individual under 21 is arrested for purchasing and/or consuming a beer or wine cooler at a licensed establishment,that person could be fined $500, not to mention lose his or her driver’s license for a maximum of 6 months. Parents please make a note here: Even if your youngster doesn’t have his or her driver’s license yet, the potential driver’s license suspension will begin as soon as he or she becomes eligible to receive their license. Furthermore, any youngster who violates New Jersey’s underage drinking laws may also be required to attend an alcohol treatment or education program.

May 6, 2010

New Jersey DWI Defense Update: What Every Driver Should Know If Stopped for Drunk Driving — Part Two

by Jonathan F. Marshall

Understanding how the police and court system approaches drunk driving offenders is the first step in preparing yourself for a possible DWI arrest in the future. Of course, no one wants to be charged with driving while intoxicated and most people are usually unprepared when it does happen. But being taken into custody for driving under the influence is the beginning of a protracted extended process.

As a New Jersey drunk driving defense lawyer and former municipal prosecutor, I believe knowledge is power. Below are some additional pieces of information that go along with a previous entry elsewhere in this blog. My hope is this may help some drivers when if and when they are pulled over for DWI, drug DUI or marijuana possession in a vehicle.

When it comes to drunk driving, a police officer may suspect that you have been operating your car or truck while impaired. One way for the patrolman to make a decision on whether to take you to police headquarters for a breath test is the use of several standardized field sobriety tests.

Field sobriety tests are one of the main tools of law enforcement and can be used as one of many pieces of evidence to prove that you were, in fact, under the influence of alcohol or prescription drugs at the time of the arrest. These tests typically involve three separate tests:

1) The walk-and-turn test 2) The one leg stand test 3) The horizontal gaze nystagmus
This last one is something many people have seen in the movies and on TV where the patrolman asks the subject to follow a light or a finger with his eyes from one side to the other.

In addition to these tests, the officer will be watching and noting nearly every thing you say or do during the traffic stop, all of which may be used in court as evidence to gain a DWI or drug DUI conviction. Even how you get out of your car can be noted and used against you by the prosecutor’s office.
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May 4, 2010

New Jersey Driver Gets $25,000 from Mount Olive after 911 Complaint regarding Non-DWI Checkpoint

by Jonathan F. Marshall

I would never suggest the kind of approach that one New Jersey resident used to complain about a police checkpoint that delayed him from visiting an ailing relative back in 2002. As a New Jersey drunk driving defense lawyer, my aim is to assist individuals in fighting DWI and drug DUI traffic citations. I will not argue that the sobriety checkpoints used frequently throughout the New Jersey area can slow down traffic and cause delays for numerous motorists.

The issue in this recently resolved case revolved around a non-drunk driving checkpoint that was set up in Mount Olive Township on August 4, 2002. For reference, DWI checkpoints, also known as drunk driving or DUI roadblocks are set up by local police departments to catch drivers operating their vehicles under the influence of alcohol.

According to a news report, William P. Duncan, Jr. was awarded $25,000 as a settlement for a suit he was pursuing against Mount Olive Township over the incident nearly eight years earlier. Based on reports, Duncan placed a 911 call to complain about a delay he suffered when trying to visit a local hospital to see a relative being treated there.

That non-emergency 911 call apparently prompted a police officer and township officials to press charges against the motorist. Court records show that Duncan spent two days in jail back in March 2004 due to the original incident. According to Mount Olive mayor, David M. Scapicchio, the recent settlement was reached because the township’s insurance carrier recommended it was the best alternative.

News reports show that Duncan was driving to a hospital on August 4, 2002, to visit an aunt who had been taken there after falling down a set of concrete steps and breaking her hip. Traveling on Route 46, Duncan was stopped at a police roadblock by officers looking through car windows to search for contraband. Duncan became frustrated by the delay so he called 911 and used offensive language and asked the operator if they “lived in a Nazi state.”
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May 2, 2010

New Jersey DWI Update: Court Holds that DWI Testing Rules Don’t Apply to Current Cases

by Jonathan F. Marshall

Not long ago a New Jersey appellate court made its decision in the case of STATE v. HANNA, No. A-5256-08T4 (N.J.A.D. 2010). In this appeals case, the appellant, Douglas Hanna, argued that his drunk driving conviction was not valid because certain procedures that are now required for the collection of evidence through chemical-based blood-alcohol content (BAC) measurement testing were not in place when he was arrested and charged with driving while intoxicated.

As a New Jersey DWI defense attorney, I know there are many instances where an appeal can make sense following an unfavorable judgment in a drunk driving, drug DUI or breath test refusal case. In fact, I and my colleagues are experienced in this area and work aggressively to defend motorists who are caught on charges of driving under the influence of alcohol or prescription drugs.

In the case of Mr. Hanna, he was picked up for drunk driving on November 21 of 2007. Following his arrest, he was transported to the hospital due to complaints of chest pain. After being released from the facility, approximately two hours later, the police officer in charge detected the odor of alcohol on Hanna’s breath. The man did consent to a breath alcohol test conducted on an Alcotest device, which returned a BAC of 0.18 percent. According to court records, the device had last been calibrated seven months prior.

April 30, 2010

New Jersey Port Authority Cop Suspended following Morris County Drunk Driving Arrest

by Jonathan F. Marshall

Regardless of jurisdiction, every police office must obey the letter of the law that they themselves are sworn to uphold. No ifs, ands or buts. As a former New Jersey municipal prosecutor, I have every respect for our men and women in uniform, but as a DWI defense attorney I am troubled by reports of police officers or other law enforcement professionals who break the law themselves.

All I can say is: When will these individuals realize that they need to be doing it better and cleaner than anyone else? As citizens, we all expect our public servants to provide good examples to us and our children. Recently, a news article once again reveals how even the best cops can risk losing it all for one too many drinks.

According to reports, a Port Authority police inspector has been suspended following her arrest in Morris County for drinking and driving. Captain Susan Durett, the highest-ranking female officer at the Port Authority Police Department was arrested around 10pm on a Friday night last month when another motorist called police to report a possibly intoxicated driver on Shunpike Road.

April 28, 2010

NJ DWI-Drug DUI Defense News: Court Throws Out Cocaine Evidence due to Illegal Search

by Jonathan F. Marshall

As a New Jersey DWI defense attorney, my job is to provide motorists accused of drunk driving or drug DUI an aggressive defense against the charges. Taking into account that the state’s case usually hangs on the strength of the evidence presented at trial, this evidence must not be tainted in any way for the prosecution to have a chance of conviction in instances of driving under the influence of alcohol or prescription drugs.

As a former municipal prosecutor myself, I know first-hand how important it is that police follow proper procedures when collecting evidence against an individual. If not done correctly, as a drunk driving defense lawyer, I know that opportunities exist to have the such evidence ruled as inadmissible by the court. A recent decision by the Superior Court of New Jersey, Appellate Division (STATE v. MANSOORY) overturned an earlier conviction based on the manner in which drug evidence was collected from a defendant’s vehicle at the time of the arrest.

Leading up to the original case against Darius S. Masoory, which was tried in Cape May County, the defendant was arrested on charges of possession of cocaine after a search of the defendant’s impounded vehicle, following his arrest on suspicion of drunk driving at a ferry terminal operated by the Delaware River Bay Authority (DRBA).