Field Sobriety Tests

February 28, 2010

New Jersey DWI News: Lower Township, NJ, Reported Fewer Drunk Driving Arrests in 2009

Not long ago, the National Highway Traffic Safety Administration (NHTSA) reported that the number of fatal DWI-related accidents dropped from 201 dead in 2007 to 154 in 2008 – according to the NHTSA, 2008 was the last year for which complete statistics were available. Also mentioned was the drop in drunken driving arrests, which were reduced by six percent based on data provided by the New Jersey State Police.

At that time it was suggested that these decreases may have been influenced by the stiffer penalties for motorists convicted of driving under the influence of alcohol. It’s no secret that drunk driving in the New Jersey area is a dangerous activity. Police and state law enforcement agencies continue to increase the frequency of patrols, as well as instituting sobriety checkpoints, also known as drunk driving roadblocks.

As a New Jersey DWI defense lawyer, I know how expensive a drunken driving conviction can be to a person’s bottom line. This is because the penalties for DWI in the Garden State can carry heavy fines and even jail time.

February 25, 2010

New Jersey DWI and Drug DUI Defense: Drunk Driving Police Blotter

by Jonathan F. Marshall

While it is true that not all DWI arrests and drunken driving summonses result in a conviction for driving while intoxicated, a percentage of New Jersey motorists cited for driving under the influence of alcohol are found guilty. As a New Jersey drunk driving defense attorney, I and my colleagues handle dozens of drunk driving, breath test refusal and drug DUI cases every month.

Whether you have been arrested for DWI or for operating a motor vehicle under the influence of illicit or prescription drugs, it is advisable to retain the services lawyer. The following selection of recent drunken driving incidents illustrates the possible scenarios of DWI arrests and other DWI-related charges.

Whether you live in Newark, Trenton, Atlantic City or any of the other cities and towns throughout New Jersey, remember that a DWI conviction will likely affect your life in an adverse way.

A 27-year-old Lyndhurst motorist was arrested for driving while intoxicated (DWI) in late January. The incident occurred just before 2pm, according to police reports. Two police officers stopped the driver for speeding on Route 3 near Passaic Avenue. While interviewing the man, the officers allegedly detected signs of intoxication. They reportedly administered several field sobriety tests, which the driver was unable to pass. He was arrested and charged with DWI after registering a blood-alcohol content (BAC) of 0.31 percent on a breath-testing device. He was also issued summonses for speeding, failure to wear a seatbelt and failure to maintain his lane.

A Clifton resident was pulled over and arrested in the morning of January 30. According to police reports, officers responded to Van Houten Avenue on a report of a possible drunk driver in a 2006 Chevrolet. At the scene the officers found the vehicle and questioned the 26-year-old driver. During this time, the officers apparently detected signs of intoxication. They arrested the man who only registered a 0.02 percent BAC on a breath test machine. After officers searched the man, they allegedly found the drug Xanax on his person. During the questioning, the motorist admitted to having taken Percocet, Vicodin and two Ambien pills before getting into his car and driving. He was charged with possession and use of CDS (controlled dangerous substance). He was also charged for having an outstanding warrant.
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February 15, 2010

New Jersey DWI Police Blotter: Essex and Monmouth County Drunk Driving Arrests

by Jonathan F. Marshall

As a representing New Jersey motorists charged with driving under the influence of alcohol, I have handled hundreds of cases involving individuals who drove drunk and had an accident while intoxicated. The state of New Jersey provides stiff fines and jail time for many motorists who operate a vehicle while impaired by beer, wine or hard liquor.

Driving under the influence of prescription drugs (drug DUI) will also cause a driver trouble if pulled over by a state, county or municipal law enforcement officer. Regardless of the circumstances, for a traffic stop to be valid it must be supported by the police officer’s reasonable suspicion that a motor vehicle violation has occurred. Under State v. Carpentieri, the New Jersey Supreme Court held that law enforcement officers must have an articulable and reasonable suspicion that a violation of traffic law has happened.

Once an individual is stopped the police must have probable cause to believe the driver is intoxicated before they can make an arrest and conduct a breathalyzer test – usually using an Alcotest measuring device. Remember that there is no right to advice from counsel at this early stage in the DWI process.

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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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 6, 2010

New Jersey DWI Police Blotter: Passaic County Drunk Driving Arrests and Summonses

by Jonathan F. Marshall

Northern New Jersey gets its share of drunk driving arrests. Depending on the situation, drivers can be stopped for reckless driving or failure to maintain their lane, after which the officer may decide that the driver is intoxicated. When a patrolman suspects that a motorist is driving under the influence of alcohol, prescription drugs or even marijuana or other illegal substances, he may request the driver to take one or more field sobriety tests.

New Jersey DWI defense lawyer, as well as a former municipal prosecutor, I have a vast amount of experience in defending individuals who have been arrested and charged with drunken driving. While circumstances vary, many DWI arrest scenarios are quite similar. The following is a short list of recent drunk driving arrests from Clifton, NJ.

A 22-year-old Maplewood resident was arrested and charged with driving while intoxicated (DWI) in the early morning hours of December 29. According to reports, Officer Daniel Ishak approached a vehicle stopped on Clifton and Van Houten avenues around 2am and found the driver allegedly unconscious behind the wheel of this vehicle with the engine running. The officer opened the door and detected signs of intoxication, according to reports. The officer woke the man and gave him several roadside field sobriety tests, which he apparently was not able to complete. The officer arrested the driver. He was charged with DWI after recording a blood-alcohol content (BAC) of 0.16 percent on a breathalyzer.

November 22, 2009

DWI News: Drunk Driving and Drug DUI Arrests in Bridgeton, New Jersey

by Jonathan F. Marshall

A 40-year-old man from Shiloh Borough was arrested by police on a Sunday evening along Cottage Avenue at Giles Street on the charge of driving while intoxicated. According to news reports, Michael A. Barbera was stopped by police after he allegedly nearly hit a police patrol car in the Bridgeton Villas parking lot. Apparently the driver was backing up and didn’t notice the police car directly behind him.

As a New Jersey DWI defense lawyer, I know that this kind of incident happens all of the time. It doesn’t always result in an arrest for driving under the influence of alcohol, but the potential is there. In this case, it would seem that the officers had sufficient suspicion that the driver was drunk to pull him over.

In such as case, the motorist would be asked to perform a variety of field sobriety tests (as defined by the National Highway Traffic Safety Administration, the NHTSA). If the individual fails these tests then the officer will usually ask the person to submit to a breath test to determine the driver’s blood-alcohol content (BAC). Anything over 0.08 percent and by law that person is legally drunk and can be charged with DWI.

November 9, 2009

Ocean County Man Charged with DWI, Aggravated Assault after Drunk Driving Stop

by Jonathan F. Marshall

As a New Jersey DWI defense lawyer, my firm’s primary job is to provide comprehensive representation to drivers accused of driving under the influence of alcohol, prescription drug or controlled substances. While the act of driving while intoxicated is enough to get a motorist charged with DWI or drug DUI, compounding the offense by fleeing from or fighting with a law enforcement officer is never recommended.

A recent news article shows just what this kind of behavior will net someone. According to reports, a Jackson, NJ, man was pulled for alleged drunken and erratic driving in the early evening of October 4. Officers had observed Christopher Romano’s Toyota Corolla crossing lanes and moving erratically, according to Captain John Rein.

Police reports state that as patrolman Austin Kenny approached the car he could smell alcohol and asked Romano to step out of the vehicle. Romano then allegedly tried to lock himself in the vehicle.

November 6, 2009

$43,000 NJ State Grant to Support Year-round DWI Checkpoints in Middlesex County

by Jonathan F. Marshall

According to a recent news report, drivers in Middlesex County will see more drunk driving checkpoints, sometimes referred to as sobriety roadblocks, at all times of the year. The state of New Jersey has funded the operation of additional checkpoints with a $43,000 grant. Normally, the county would have sobriety roadblocks during certain holidays, however now it appears they will be a more permanent fixture.

As a New Jersey DWI defense lawyer, I have represented numerous motorists who have received summonses or been arrested for drunk driving or breath test refusal. While these checkpoints may reduce the number of drunk driving arrests in an area over time, they also can result in people being falsely accused of driving while under the influence of alcohol.

This latest announcement shows that Middlesex County, NJ, will be expanding its holiday DWI checkpoint program to year-round enforcement. The program will be supported in part by a $43,000 grant from the state Office of Highway Traffic Safety. According to news reports, these DWI checkpoints are very costly to run mainly because they require police officers to work overtime, plus there are additional costs for setting up and maintaining the roadblocks over the course of an evening to the early morning hours.

November 3, 2009

New Jersey DWI News: Drunk Driving Arrests in Mercer and Middlesex Counties

by Jonathan F. Marshall

As a New Jersey DWI defense attorney and former municipal prosecutor, I use my vast background in drunk driving law to help motorists accused of driving under the influence of alcohol. I always maintain that individuals charged with drunk driving, prescription drug DUI or breath test refusal to retain a qualified legal professional to see their case through the justice system. The following police reports are just a sample of the typical cases involving driving under the influence of alcohol.

Princeton Borough

A 68-year-old man from Princeton, NJ, was observed driving his vehicle in a suspicious manner. After police saw that the driver did not keep right, Princeton police officers pulled the suspect over on Chambers Street just before 1:30am. He was evaluated and charged with driving while intoxicated and taken into custody.