DWI Stops

February 10, 2010

Atlantic County, NJ, Motorist Arrested for Fleeing Scene of a Drunk Driving-related Traffic Accident

Lower County Police recently reported the arrest of a Mays Landing, NJ, man in connection with an early morning car crash on January 23. Based on news reports, 41-year-old Joseph W. Rothenberger was allegedly intoxicated when he crashed his 2004 Mercedes Benz into a tree. Police investigating the accident presume that Rothenberger left a North Cap May residence and was traveling northbound on Deborah Avenue at a high rate of speed. He reportedly crashed his vehicle in the 200 block of Suzanne Avenue when he apparently lost control and ran off the roadway.

As drunk driving defense lawyers, I and my colleagues have seen this kind of DWI scenario played out again and again all across New Jersey. In this instance, police reports indicate that the supposedly drunken man’s vehicle crossed the curb and drive over a sidewalk, eventually ending up in a neighbor’s yard and causing substantial damage to the lawn and a chain link fence before hitting a tree.

Police allege that the driver attempted to flee on foot from the scene of the accident. According to reports, Rothenberger was detained by several other neighbors in the area and held until police arrived. The neighbors indicated that a male and female passenger in the back seat of the vehicle also fled the scene of the accident and apparently ran back to the residence on Deborah Avenue.

February 7, 2010

New Jersey Drunk Driving News: Former NJ Nets Player Must Wear Alcohol Monitor following DWI Accident

by Jonathan F. Marshall

When it comes to arrests for drunken driving the law does not discriminate between well-known and famous personalities and the everyday man or woman. In New Jersey, whether you live in Bergen, Union, Monmouth or Atlantic counties, an arrest for driving under the influence of alcohol can have a negative impact on a person’s life and livelihood. A drunk driving conviction can haunt someone for years, if not for the rest of your life.

As a New Jersey DWI defense lawyer, I have represented a range of persons accused of driving while intoxicated. In a court, everyone should be treated equally in the eyes of the law. Recently, news reports covered the drunken driving arrest of former New Jersey Nets basketball player who allegedly crashed his vehicle into a tree in the Manhattan area in early January.

According to news articles at the time, retired NBA player, Jayson Williams suffered cuts to his face and a small fracture to a bone in his neck after allegedly running his Mercedes sport utility vehicle into a tree just after 3am. He was subsequently transported to Bellevue Hospital for treatment of his injuries.

February 5, 2010

New Jersey DWI Police Blotter: Montclair, NJ, Drunk Driving Arrests

by Jonathan F. Marshall

Traffic stops for drunk driving occur every day in New Jersey. The state police and local law enforcement agencies have no tolerance for motorists caught operating a motor vehicle under the influence of alcohol, or prescription drugs for that matter. As an experienced DWI defense attorney, I know the requirements expected of police officers when it comes to drunk driving arrests. I also have a detailed knowledge of the methods and strategies used by prosecutors in their pursuit of a conviction for driving while intoxicated.

Whether a person is pulled over on the parkway or a city street, the patrolman will most likely request that the individual perform a number of field sobriety tests. Another way that someone can be tagged for a DWI is at one of the many sobriety checkpoints, or roadblocks that are set up around the state. Regardless of the location, if the officer suspects that a driver is impaired, he will most likely request that person to take a breath test to determine blood-alcohol content (BAC) — the amount of alcohol in the bloodstream.

The following are some news items involving drunken driving arrests in the Montclair area. They are just examples of the typical situations that begin a process that can eventually lead to a DWI or DUI conviction.

Orange Road Car Crash
A 22-year-old woman was arrested after driving her vehicle into a utility pole on Orange Road, near Canterbury Park in the early morning of January 18. According to police reports, the pole along the northbound lane was split when it was struck by a 2010 Toyota Corolla driven by the suspect.

Police found the driver standing outside the ruined car and noticed that her speech was slurred. The woman had suffered a small cut to the side of her lip. Apparently the driver told officers that she had one mixed drink with vodka before driving. After she failed several sobriety tests, she was arrested and charged with DWI and careless driving. Her wrecked car was towed away.

Valley Road Accident
An SUV hit a parked car on Valley Road near Walnut Street around 8:30pm on January 17 — according to police the suspect’s vehicle continued away northbound on Valley Road without stopping. Officers found a 2000 Nissan Altima with damage to its rear bumper. After the owner of the vehicle gave a description of the sport utility vehicle to the police, officers made a search of the area.

Driving along Upper Mountain Avenue, the patrolmen found a damaged Nissan Pathfinder with its hazard lights flashing. They saw a woman standing outside the truck, talking on her cell phone.

Officers asked the woman how her truck’s front bumper had been damaged. The 42-year-old driver said the vehicle had been involved in an accident a week ago, but was uncertain as to where it had occurred. The officers noticed that the driver appeared to be slightly off-balance and admitted that she had been drinking “a little,” according to the police report.
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February 3, 2010

Off-duty NJ State Police Sergeant Charged with DWI, Breath Test Refusal after Warren County Crash

by Jonathan F. Marshall

Having worked both sides of the aisle as a former New Jersey municipal prosecutor and now as a drunken driving defense lawyer, I am always appalled whenever I hear of a law enforcement officer being arrested for any alleged crime. Not long ago, an off-duty sergeant of the New Jersey State Police was charged with DWI as well as refusal to submit to a breath test following a traffic accident in Warren County, NJ.

Over the years, I have worked closely with the police all across New Jersey, so I understand how much pressure their job can entail. However, as a DWI defense attorney I find it the height of hypocrisy when a police officer fails to live up to the standards that all citizens are expected to observe. In the recent case of this officer’s arrest for driving under the influence of alcohol, the incident also involved a traffic accident with alleged injuries.

According to news reports at the time, the officer was suspended pending an investigation into the December 17 drunk driving-related two-vehicle crash on Route 517 north of Hackettstown. According to police reports, Sgt. Steve Pelligra, 45 was suspended without pay. Pelligra is assigned to state police at Hope Township.

January 28, 2010

New Jersey DWI Defense Update: Law Now Requires Breathalyzer Ignition Interlock for First-time DWI Convictions

by Jonathan F. Marshall

New Jersey has added another weapon to its arsenal of drunk driving laws, making even first-time DWI convictions more onerous for those caught driving while intoxicated. As a New Jersey drunk driving defense attorney and motorist myself, I’ve seen the aftermath of accidents caused by impaired drivers. At the same time, I also understand how even a single DWI or drug DUI conviction can haunt a person for many years to come.

The latest law coming out of Trenton last week now makes it mandatory that anyone convicted of a drinking and driving offense must have their vehicle fitted with a breathalyzer ignition interlock device. Not only does the stigma of a DWI conviction cost an individual in court fines and increased insurance premiums, now there is the added embarrassment and inconvenience of starting one’s vehicle. All of which makes it imperative to seek the services of a DWI defense lawyer.

According to reports, legislation has now been passed and signed into law by acting Governor Sweeney to add mandatory ignition interlocks for all drunk driving offenses in New Jersey. Known as “Ricci’s Law” in honor of the Egg Harbor Township teen killed by a hit-and-run drunk driver, the bill was signed into law on Thursday, January 14.

January 26, 2010

Bergen County DWI News: Cliffside Park, NJ, Records Most Drunk Driving Arrests Ever

by Jonathan F. Marshall

According to a recent news article, Cliffside Park police set a new record for drunken driving arrests in 2009. As a New Jersey drunk driving defense lawyer, my firm represents motorists from Bergen County as well as Essex, Mercer, Union, not to mention other areas around the Garden State. Being arrested for driving while under the influence of alcohol or prescription drugs is the first step toward a conviction for DWI or DUI, which can be a serious and costly way to pay for lack of foresight.

Based on the news report, Cliffside Police stated that there were more DWI arrests in the municipality during 2009 than any other past year since records have been kept. Law enforcement officials say that the higher number of arrests for driving while intoxicated goes to increased drunk driving patrols and the additional use of sobriety checkpoints.

The number of arrests in Cliffside Park last year totaled 102 for alcohol-related charges. The money to support the new checkpoints reportedly came from the Cliffside Park Police Department State Drunk Driving Enforcement Fund. For this borough police established two separate DWI checkpoints and operated approximately 12 additional drunken driving patrols. The state funds that support added DWI enforcement come from legal fines and bottle taxes that eventually find their way back to the municipalities.

January 21, 2010

Dover, NJ, Man Faces DWI Manslaughter Charges for Drunk Driving Deaths of Two Morris County Teens

by Jonathan F. Marshall

Being charged with drunk driving in New Jersey is bad enough without having caused an accident as a result of being intoxicated. Killing another individual while under the influence of alcohol is another thing entirely. Police all across the state of New Jersey are always on the lookout for drivers operating motor vehicles while impaired due to beer, liquor or prescription drugs.

As a New Jersey DWI defense lawyer, I have defended many clients who have been charged with drunk driving. Some of those people were involved in accidents that injured or killed vehicle occupants or pedestrians. A recent news article shows how mixing alcohol with prescription drugs can result in terrible consequences. There are very few things worse than being arrested for a fatal drunk driving accident.

According to reports, Jury selection began Tuesday in Morristown regarding the drunk driving trial of 48-year-old Eugene Baum Jr. The man is charged with being drunk behind the wheel and causing the deaths of two teenagers back in 2006 when his car hit and killed the young girls on a Morris County roadside.

Police reports indicate that on April 20, 2006, Baum was driving a rented Kia Optima along Kinnelon Road in Kinnelon, NJ, when the vehicle veered off the roadway and onto the shoulder where the two girls were walking. Police records show that the defendant’s blood-alcohol content (BAC) was 0.305 percent when the accident happened. Based on news reports, Baum’s vehicle struck 15-year-old Mayada Jafar and 16-year-old Athear Jafar. The two cousins were reportedly walking to a nearby movie theater around 8pm when they were thrown off the shoulder by the impact.

Police have said that although Baum was severely intoxicated, he still decided to drive from his home in Dover to his mother’s house in Kinnelon. During the police interview, he allegedly said that he thought he had struck a deer. He also later acknowledged that he should not have mixed Librium and vodka.

A mental health expert hired by the state has stated that Baum was “a functioning alcohol” at the time of the accident and that he could apparently tolerate high levels of alcohol in his bloodstream. In Baum’s defense, an expert has suggested that Baum became an “automaton” when he drank and the combination of vodka and Librium in his body had an unexpectedly severe reaction that led to the crash.
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January 18, 2010

NJ DWI and DUI Police Blotter: Drunken and Impaired Driving News from Across New Jersey

by Jonathan F. Marshall

As a New Jersey drunk driving defense lawyer, my office represents dozens of clients accused of a range of traffic offenses including driving under the influence of alcohol, prescription and illicit drug DUI, breath test refusal and other DWI-related charges. Not every drunken driving arrest results in a conviction, which is due to a variety of possible scenarios and different facts attached to each case.

The following is a selection of recent drunk driving arrests across the Garden State. Whether you live in Newark, Red Bank, Atlantic City or any of other cities and towns in New Jersey, a conviction for driving while intoxicated can adversely affect your life. However, you should never assume that you have don’t have options following a drug DUI or DWI arrest.

Orange
A local resident was picked up recently by police after running her vehicle up onto a curb in Orange, NJ. The incident occurred just before 2:30am on January 3, when the 23-year-old woman apparently lost control of her sedan, struck the curb and then hit a stop sign. Police responded to the accident at Orange and Elm streets apparently on a call from another motorist or resident in the area.

According to reports, police officers arriving on the scene found the woman’s 2001 Mitsubishi Diamante up on the curb with damage to its front end and the right-front tire. Officers also noted a street sign, which had apparently been struck by the vehicle and was now lying in the roadway.

Police reports indicate that there were five occupants in the car, including the driver, all of which were unhurt. However, law enforcement officers observed that the suspect was slurring her words, swaying and staggering as she stood outside the vehicle. Based on these observations, officers requested the woman take several field sobriety tests, which she failed. She was charged with DWI and careless driving, according to police.

Montclair
Al local motorist was stopped by police after the officers saw a 2009 Ford Flex weaving in and out of its lane around 1:45am on January 2. According to news reports, patrolmen pulled over the 42-year-old driver near the intersection of Bloomfield Avenue and Valley Road.
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January 17, 2010

New Jersey DWI-DUI Defense News: New Jersey Teen Arrested for Marijuana Possession in a Motor Vehicle

by Jonathan F. Marshall

According to recent news reports, a Mercer County, NJ, teenager was arrested on charges of dealing drugs and possession of marijuana in a motor vehicle. Although there was no direct indication of drug DUI, such a situation could have resulted in a similar charge against the teen. If a charge of drug DUI was also involved, defense similar to driving while intoxicated due to the influence of alcohol could be applied, with certain differences.

As a New Jersey DWI and drug DUI defense lawyer, I know that certain conditions have to be met to charge a driver with possession of marijuana. Unless the driver is carrying the marijuana himself, he generally cannot be charged with possession in a motor vehicle. Under N.J.S.A. 39:4-49.1 the law prohibits a person from operating a motor vehicle while knowingly being in possession of pot.

According to the news reports, a traffic stop was made on December 17 just before 11pm on Route 206. At the time, police were conducting drunken driving patrols as part of the “Over the Limit, Under Arrest” anti-DWI enforcement campaign. Police reports indicate that officers pulled over a 2005 Honda with several young people inside. The driver was identified as Russell Floyd, and 18-year-old resident of Lawrenceville. The driver was issued one of several summonses by the police when they discovered the teen did not have a valid driver’s license.

January 16, 2010

Husband of Jersey “Real Housewives” Star, Teresa Giudice, gets DWI following Crash in Morris County

by Jonathan F. Marshall

According to news articles, the husband of Teresa Giudice, one of the stars in the well-known Bravo television series “Real Housewives,” was recently charged with driving while intoxicated after the man crashed his vehicle into a utility pole minutes from the couple’s home in Montville, New Jersey. Based on police reports, the accident occurred on the morning of Thursday, January 14, in Towaco.

Giuseppe Giudice was reportedly heading north on Jacksonville Road when the Ford pickup he was driving hit the utility pole just before 2am. According to Montville police, when officers arrived at the scene they detected the odor of alcohol on the 39-year-old driver. Due to the man’s possible injuries, the police did not make Giudice perform any field sobriety tests.

Based on the news, Giudice told police he had been in New York and was heading home when the accident occurred. Emergency personnel treated and then transported him to Morristown Memorial Hospital to be checked for internal injuries.