Field Sobriety Tests

September 25, 2010

Atlanta DUI SFST Instructor Course for Lawyers

Colin Bonus, William Proetta, and myself attended a four day standardized field sobriety test (“SFST”) instructor course in Atlanta, Georgia, on September 23 -26. The objective of the seminar was to provide us with the skill and know how to instruct lawyers and police officers on how to properly administer and interpret SFST tests. I have been thoroughly impressed by the experience of our DWI Field Sobriety Instructor Anthony Palacios. He obviously possesses far more knowledge in this area than anyone I had the occasion of coming in contact with previously. We also had the opportunity to meet gifted drunk driving lawyers from states like Mississippi, South Carolina, Louisana, Pennsylvania, New Hampshire, Missouri, Oklahoma, and Georgia.

One of the Atlanta DUI Lawyers I met at the course was Doug Chanco. It was nice to speak to Doug as he had a wealth of knowledge in Georgia DUI defense. It was interesting to learn about the different issues involved in defending cases in his Altanta Practice, especially those involving jury trials (unlike New Jersey where we have no juries).

It was fortunate that three members of our defense team were previously SFST certified and eligible to complete the course. The three of us are now instructors in SFST which will allow us to train and certify police officers and attorneys in SFST. I believe there are only five (5) NJ DWI Lawyers who have this expertise level in the state and three of them are at our office. I believe that the enhanced skills we gained at the course will prove beneficial to our clients in the future.

September 10, 2010

NJ Drunk Driving Defense News: Bergen County DWI and Drug DUI and CDS Arrests

by Jonathan F. Marshall

As a New Jersey DWI defense attorney, my law offices have a vast amount of experience handling a wide variety of drunken driving, marijuana possession in a vehicle, and drug DUI cases throughout the Garden State. The following is just a sample of the typical police arrests in the Bergen County area that happen every month. These can include driving under the influence of alcohol or controlled dangerous substances (CDS), breath test refusal and possession of cannabis (or weed) in a motor vehicle.

East Rutherford

A 41-year-old man was stopped by police after being caught on radar doing 82mph in a 55mph speed zone. The incident occurred just after 10pm when ERPD officers saw a 2000 Hyundai traveling at a high rate of speed. Following the traffic stop, the driver apparently told officers that he had several drinks previous to taking the wheel. Police reportedly administered field sobriety tests, which the suspect failed, according to police reports. A breath test indicated that the man’s blood-alcohol content (BAC) was 0.17 percent — twice the legal limit. The driver was arrested and charged with drunk driving, careless driving and speeding. He was subsequently released to a responsible party.

September 8, 2010

Drunk Driving Defense Update: Never Assume a DWI or DUI Arrests Always Leads to Conviction

by Jonathan F. Marshall

When a motorist is pulled over in New Jersey for a routine traffic violation the opportunity does exist for a drunken driving arrest or summons. Depending on the circumstances — whether an individual is coming home from a night out with one’s spouse, following a party at a friend’s home or after a casual gathering at a local pub or drinking establishment — it is possible for police to judge that a driver is impaired due to some amount of alcohol consumption.

Whether you’re driving in Union County, Bergen County or Middlesex County, the opportunity for a DWI or prescription drug DUI is always there. But is being arrested or receiving a summons for driving while intoxicated really a “done deal.” Not always.

When I and my colleagues, all professional New Jersey drunk driving defense attorneys, approach a client’s case, we use our years of experience to decide whether or not to petition the court to dismiss the charges against a motorist, or at least reduce those drunk driving charges to better match the particular circumstances.

As a former municipal prosecutor, I understand the mindset and strategy of the state’s representatives. This is why I always suggest to people who face a drunken driving charge, consider carefully whether or not you want to face the court without representation. An experienced DWI lawyer can be a great benefit, especially for drivers facing penalties for a drunk driving arrest or DUI charge for the first time.

And never, ever assume that nothing can be done. This is not only defeatist on its own, but most drivers don’t know that they might be able to improve their chances until they speak with an attorney. A good lawyer will examine all the facts pertaining to a DWI traffic stop. Understanding the details, such as whether there exists proof of intoxication or if a blood or breath test was performed correctly or is even accurate, allows a DWI lawyer to form a viable defense for his or her client.
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August 21, 2010

New Jersey Drunk Driving News: Bergen County DWI and Drug DUI Police Blotter

by Jonathan F. Marshall

LyndhurstA 56-year-old out-of-state woman was arrested and charged with DWI after she apparently left the scene of a minor accident. According to police reports, officers were called to the scene of a motor vehicle accident on a late Monday afternoon, from which one of the drivers had subsequently left. At nearly the same time, police received reports of an allegedly intoxicated person in a Quality Inn parking lot across the street from the accident. The woman was taken into custody and eventually released on summonses.

East Rutherford

A 21-year-old Weehawken, NJ, female resident was stopped by police after officers observed the driver make a U-turn along New Jersey’s Route 120 and in the process hit the center divider of the highway. After pulling over the suspect’s car police determined that the woman was apparently intoxicated. Officers noticed a plastic bag in the vehicle, which the driver eventually identified as containing marijuana. She also admitted to police that she had planned to sell the controlled dangerous substance (CDS). The woman was arrested and charged with multiple violations including possession of CDS under 50 grams and possession of marijuana with intent to distribute.

August 15, 2010

New Jersey Drunk Driving Update: Reasons and Procedures for DWI-related Field Sobriety Testing

by Jonathan F. Marshall

Knowing what to expect following a drunken driving traffic stop may help some individuals prepare themselves for the next steps in the DWI arrest and conviction process. Of course, nobody wants to have a drunk driving conviction on their record, but this is always a risk when a motorist who may have had too much to drink is stopped for erratic driving or some other seemingly minor traffic offense.

As a New Jersey DWI defense attorney, I feel that knowledge is power especially when the law is concerned. A drunk driving arrest or summons is just the beginning. Whether the reason is excessive alcohol consumption, a reaction to prescription drug use, or illicit drug or marijuana use, being stopped by a law enforcement officer can spell the end of a clean driving record. And, being taken into custody for driving under the influence can signal the beginning of a lengthy and potentially costly episode in a person’s life.

Prior to being charged with drunk driving, a motorist may not even be suspected of it at first. However, in many cases, a patrolman who is trained to detect drunken behavior may already suspect that a driver is operating his or her vehicle while impaired. Stopping the motorist for a simple yet justifiable traffic infraction is the opening move toward a full-blown DWI or drug DUI arrest.

Field sobriety tests are a key tool that law enforcement professionals use to determine possible inebriation. Failure to pass one or more of these tests can become one of numerous pieces of evidence that the state can present as proof that a driver was, in fact, impaired by drugs or alcohol at the time of the arrest.

These can be administered on the roadside following a traffic stop or in a location where drivers are being checked for drunkenness, such as a sobriety checkpoint or roadblock. They include:

A) Horizontal gaze nystagmus B) Walk-and-turning test C) One-leg standing test Continue reading

August 9, 2010

New Jersey DWI News: Labor Day Means More Sobriety Checkpoints and Increased Drunk-driving Patrols

by Jonathan F. Marshall

As a New Jersey DWI defense attorney, I usually tell people arrested for drunk driving (or issued a summons for DWI, Drug DUI or other CDS-related traffic offenses) to seek the services of a qualified drunk driving lawyer. One of the more likely times to be stopped for driving while intoxicated is during seasonal DWI crackdowns where police used increased drunk driving patrols and sobriety checkpoints or DWI roadblocks to catch unsuspecting drivers who made the mistake of driving after drinking an alcoholic beverage.

According to news reports, law enforcement personnel from Lower Township will be on the alert for drunken driving violators as part of this summer’s “Over The Limit, Under Arrest” Campaign. Commencing August 20 and running until September 6, state and local police officers will be setting up sobriety checkpoints and operating what are referred to as “saturation patrols” as they seek out and arrest motorists who could be driving under the influence of alcohol or prescription drugs.

This is reportedly part of a national campaign to increase awareness of the dangers of driving drunk by using what authorities call high-visibility enforcement. The campaign also utilizes public education in the form of posters, banners and mobile video display signs.

July 23, 2010

Bergen County, New Jersey, DWI News: North Arlington Drunk Driving Police Blotter

by Jonathan F. Marshall

Dozens of arrests for drunken driving are performed by New Jersey law enforcement personnel every week in the Garden State. As New Jersey drunk driving defense lawyers, I and my colleagues have seen just about every kind of DWI and drug DUI case, yet nothing surprises us much these days. On any given shift, state police, county sheriff and local municipal police officers pull over and otherwise stop and charge motorists with driving under the influence of alcohol.

From the initial traffic stop to the actual arrest and then performance of a blood-alcohol content (BAC) breath or blood test (to determine if a driver is legally intoxicated), the process of being charged and possibly convicted of drunk driving can be a scary prospect for many people. Beyond simple monetary penalties, a DWI or drug DUI conviction can result in loss of employment and can potentially ruin personal and business relationships. The following accounts of North Arlington drunk driving arrests are typical of those encountered around the state.

Drinking and Parking

July 11, 2010

New Jersey DWI Defense News: Essex County, NJ, Drunk Driving and Drug DUI Police Blotter

by Jonathan F. Marshall

Defending motorists accused of drunken driving can involve multiple factors, such as how the arrest was conducted, whether or not an Alcotest or other breathalyzer blood-alcohol content (BAC) test was performed, what kind of field sobriety test(s) were administered, and in which municipality the alleged DWI took place. As New Jersey drunk driving defense lawyers, my staff and fellow attorneys understand the ins and outs of DWI prosecution here in the Garden State. The following are some examples of the types of cases that are heard daily in our municipal courtrooms across the state.

Little Falls Car Crash and DWI, Marijuana Possession Arrest

Little Falls police officers were called to respond to a traffic accident on Main Street near Brookside Ave. According to news reports, a motor vehicle driven by a 19-year-old Fairfield, NJ, resident apparently ran into a utility pole. During the investigation, officers noticed that the driver had outward signs of being drunk and under the influence of alcohol. The driver was arrested for operating a vehicle while intoxicated as well as possession of marijuana and drug paraphernalia in a vehicle.

July 5, 2010

New Jersey Drunk Driving News: Driver Charged with DWI following Hoboken Pedestrian Accident

by Jonathan F. Marshall

An apparently drunken out-of-state driver was taken into custody by Hoboken police after an early morning car-pedestrian traffic accident that resulted in the serious injury of a local man, according to news reports. Police said that the accident occurred around 1am on a Thursday morning right in front of Hoboken City Hall.

As a New Jersey DWI defense lawyer, I’m well aware of the complications that an injury accident can add to a drunken driving case. Fortunately for the driver, 38-year-old Pamela Currie, the injured man was not killed as a result; a fatal accident involving driving under the influence of alcohol can be quite serious and may lead to extensive jail time depending on the circumstances.

According to the news, Currie was driving a red Nissan Xterra southbound on Washington Street prior to the collision. Police reports also indicate that a male passenger was traveling in the vehicle as well. Based on reports, if it is determined that the passenger was sober at the time of the crash then that individual could be hit with a fine for allowing an intoxicated person to operate a motor vehicle.

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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