Field Sobriety Tests

July 25, 2009

Police Blotter: Bergen County Drug DUI and DWI Arrests

Police throughout Bergen County had a number of dunk driving and drug DUI arrests during the first half of July. With an office in Jersey City, our drunk driving defense attorneys can handle your Bergen County DWI, DUI or breath test refusal case quickly and efficiently. We represent many clients who have experienced situations not unlike the following driving while intoxicated arrests published in the local press.

Carlstadt — A 56-year-old man from Ridgefield Park allegedly passed out and hit a brand new 2009 Honda Accord parked on Sixth Street near Berry Avenue this past July 9. Police arrested the man for careless driving and also found 52.6 grams of marijuana in the suspect’s vehicle, as well as 54 tablets of Alprazolam. Discovery of the drugs caused the officers to write the man up for possessing drugs in a motor vehicle, being under the influence of drugs, possession of marijuana, or weed, and possession of drug paraphernalia, specifically rolling papers. The man was then transported to Hackensack University Medical Center.

Carlstadt — A Kearny man was stopped in the early morning hours of July 16 for speeding on southbound Route 17. During the stop, police determined that the 20-year-old man was intoxicated and allegedly had drug paraphernalia in his car. Officers then charged the man with driving under the influence of alcohol, possession of drugs in a car, careless driving, possession of marijuana and possession of drug paraphernalia (plastic dime bags). He was released on summonses to a responsible party.

July 23, 2009

All-terrain Vehicle Rider Arrested for Drunk Driving in Morris County

by Jonathan F. Marshall

It’s not uncommon for some New Jersey residents to mix recreational off-road riding with alcohol, though the two hardly go well together. Whether it’s a motorcycle, ATV, snowmobile or dirt bike, driving while intoxicated can be dangerous. The New Jersey State Police, as well as local law enforcement agencies, keep a watch for drunk drivers on- and off-road. During the summer, boaters caught piloting their powerboats while under the influence of alcohol also run the risk of being arrested for DWI.

Recently, a Bergen County man was stopped for riding his all-terrain vehicle on private property. The criminal trespass charges would have been bad enough, but Mount Olive police also noticed that the rider was intoxicated. As a New Jersey drunk driving defense attorney, my firm has defended folks like Piotr Dabek, the owner of that ATV. He was caught near Crease Road last Sunday after neighbors called police to report a stranger riding his ATV on private property.

According to reports, Dabek tried to run from the Mount Olive police officer dispatched to the scene. After a short foot chase through a wooded area, the officer caught up to the 30-year-old suspect. Bringing Dabek back to his patrol car, the officer gave the man several field sobriety tests, including a balance test, which Dabek failed. The officer then placed him under arrest and charged the man with DWI and criminal trespass. Police also impounded Dabek’s all-terrain vehicle.
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July 21, 2009

NJ DWI Police Blotter: Mercer and Middlesex County Drunk Driving and Drug DUI Report

by Jonathan F. Marshall

West Windsor Township — In a potential marijuana DWI traffic stop a 17-year-old Hamilton, New Jersey, resident was stopped on a Saturday night along Route 1 by police for a routine traffic offense. The teenager was found to have a small amount of the controlled substance, or weed, in his vehicle and charged with possession of less than 50 grams of marijuana. After the stop, which occurred near Emmons Drive, the man was placed under arrest and taken to police headquarters for processing. He was later released to the custody of his mother.

West Windsor Township — Two potential drug DUI arrests were also made on Route 1, just days apart. A 29-year-old Hamilton man traveling southbound was pulled over on a Sunday morning for a traffic violation near Quakerbridge Road. During the stop, officers discovered a small amount of cocaine in the car. The man was subsequently charged with possession of that controlled substance. Several days later, a 21-year-old resident of Trenton, New Jersey, was stopped in the early morning hours for a traffic infraction near Meadow Road. Following the traffic stop on the northbound side of Route 1, police found evidence of drugs and charged the man with possession of cocaine.

Plainsboro — On an early Friday morning, a Willingboro resident traveling in a 2004 Acura was stopped for doing 75mph in a 55mph zone on southbound Route 1. The 23-year-old man, who was found to be intoxicated, was charged with drunk driving, speeding, reckless driving, failure to maintain a single lane and failure to carry auto insurance. He was released pending a future court date.

July 20, 2009

Warren County, NJ, Assistant Prosecutor Arrested for Drunk Driving

by Jonathan F. Marshall

As a former prosecuting attorney having handled DWI cases for a number of New Jersey municipalities in the past, I am well aware of the professional pressures associated with working in a prosecutor’s office. Furthermore, as a current New Jersey drunk driving defense lawyer, I can sympathize with many of my clients who have been accused of driving while intoxicated.

One thing I do not have much patience for, however, is a lack of discipline on the part of certain government officials and law enforcement personnel when it comes to their own personal conduct regarding drinking and driving. I’m speaking here of the danger of losing the public’s respect for those in law enforcement and in the judiciary due to the apparent hypocrisy exhibited by a small percentage of individuals in positions of authority.

Past news reports have covered members of the police and the judiciary accused and conivted of driving under the influence of alcohol. Recently, another individual, this time from the prosecutorial side of the justice system, has been arrested for DWI. A Warren County assistant prosecutor was charged with drunken driving, after he allegedly ran over a fire hose without being authorized to do so.

Kevin Brotzman, a 29-year-old newcomer to the prosecutor’s office, was picked up on June 14 by police after potentially interfering with city firefighters who were trying to extinguish a burning vehicle near his home. Based on news reports, the incident occurred in the early morning hours, when the man steered a 2004 Saturn around a tow truck and drove over an active fire hose. Officers gave Brotzman three field sobriety tests, all of which he failed, according to police.

It should be noted that although Brotzman is relatively new to the Warren County prosecutor’s office, he is by no means inexperienced — he has already handled some high-profile cases, including the conviction of Keri Ann Brekne, a former Lopatcong Township schoolteacher who molested one of her students. In this case, he should have known better than to take the wheel after consuming alcohol.

Court records show that the Brotzman’s preliminary blood alcohol content (BAC) was 0.09 percent. Although individuals with readings of 0.08 and above can be charged with drunken driving, as a seasoned DWI defense attorney, I know that there are many factors involved in being legally drunk. In many cases, a person in Brotzman’s situation could possibly be acquitted of those charges, which would certainly be awkward for an individual who more than likely prosecutes drunk driving defendants as part of his job.
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July 18, 2009

Madison, NJ, Police Blotter: Recent Alcohol DWI Traffic Stops and Arrests

by Jonathan F. Marshall

As a New Jersey drunk driving and drug DUI defense lawyer, as well as a former municipal prosecutor, I know that on any given day local police will make dozens of DWI arrests across the Garden State. Similarly, our local courts see hundreds of driving while intoxicated cases come through their doors every month. Madison, NJ, is no different than other communities throughout the country. Here are just a few recent examples of DWI arrests in this part of Morris County.

July 7 — A law enforcement officer stopped an 18-year-old man in the late evening hours after the patrolman observed a car traveling at a high rate of speed on Route 24. The officer also noticed the driver did not keep right, after which he pulled the suspect over and saw that the driver had a bottle of brandy in the car. The resident of Elizabeth, New Jersey, was arrested and charged with underage possession of alcohol. He was later released pending a court appearance.

July 9 — Following an evening traffic stop, an officer arrested two 20-year-old women from Chatham for underage possession of alcohol. The suspects’ Cadillac was observed doing 40mph in a 25mph zone and was subsequently pulled over. During the stop, the officer noticed three 30-packs of beer in the rear seat. Both individuals were later released pending their court appearances.

July 2, 2009

DWI-DUI Sobriety Checkpoint Scheduled for Ocean Township, NJ, this July 4th Weekend

by Jonathan F. Marshall

New Jersey’s drunk driving laws will be strictly enforced this Fourth of July weekend, especially in Ocean Township, Monmouth County, where a sobriety checkpoint will be in effect from Friday evening until early Saturday morning. Sobriety checkpoints are frequently used by police and other law enforcement agencies to identify drunk drivers and make arrests for DWI and driving under the influence of illegal or prescription drugs.

As part of these sobriety roadblocks, police usually ask drivers suspected of driving while intoxicated to take one or more field sobriety tests. Breath testing apparatus, such as the Alcotest machine, are also employed to determine the specific content of alcohol in an individual’s bloodstream. The legal limit in New Jersey is 0.08 percent blood alcohol content (BAC).

This latest sobriety checkpoint will be set up on Ocean Avenue in the borough of Deal and remain in effect from 11pm Friday through 3am. Task force members and officers from the Deal Police Department will pull vehicles from the northbound lanes into the Deal Casino Beach Club parking lot to determine drivers’ sobriety, according to a press release issued by Brielle Police Chief Michael W. Palmer, task force coordinator.

June 26, 2009

New Jersey State Police to Reel In Drunk Boat Captains this Summer

by Jonathan F. Marshall

Any small craft captain worth his salt knows it’s boating season, but before you power up your twin inboard, take a moment to scan the horizon and double-check your alcoholic beverage intake. This weekend, from Sandy Hook to Cape May, the New Jersey State Police will be patrolling offshore in search of intoxicated boat operators. And just like DWI for landlubbers, being arrested for boating under the influence (or BUI) can be a costly experience.

Drunk boating, like drunk driving, is enforced by local and state police units. This latest campaign, christened “Operation Dry Water,” begins today and runs through Sunday, June 28. It’s a combined effort between the New Jersey State Police and the United States Coast Guard (USCG) and designed to hook skippers piloting their craft under the influence of alcohol in state waters, which includes bays and the ocean up to three miles out.

According to the USCG, enforcement will be heaviest in the Atlantic City and Cape May areas, with sobriety checkpoints set up at various points on the water. In addition to BUI offenses, law enforcement personnel will be looking for anyone navigating recklessly or carelessly. Those observed exhibiting drunken behavior should be prepared to be boarded and examined for intoxication.

In New Jersey, boaters can lose their boating privileges for one year and their automobile driver’s license as well. That’s three months for a blood alcohol content (BAC) of 0.08 percent or more, and seven months for 0.10 percent or more. You should know that while New Jersey does not confiscate boats of those captains who are arrested for BUI, other states do confiscate watercraft.

Authorities also will usually administer field sobriety tests, although they can be somewhat different from those conducted on dry land. And although they do not want to give away their tactics in detail for this coming weekend, law enforcement agencies say their goal is not to arrest boaters so much as to educate them about the BUI problem.

One message authorities are pushing is that alcohol has an enhanced effect on the water. According to experts, the glaring sun, waves, motion of the boat and other influences aboard a boat only help the body absorb alcohol faster. This can impair an individual’s motor functions, reaction time, judgment and other critical boating skills.
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June 16, 2009

Bergen County, NJ, Drunk Driving and Marijuana DUI Police Blotter

by Jonathan F. Marshall

Lyndhurst — a 52-year-old driver was picked up for driving under the influence of alcohol during the evening of May 14. The Rutherford, New Jersey, resident was arrested for DWI, possessing an open alcoholic beverage container in his car, careless driving, as well as improper parking. The incident occurred in the parking lot at 540 New York Avenue in Lyndhurst. According to police reports, the man’s vehicle was observed parked partially in the parking lot and partially in the roadway. After being charged for drunk driving, as well as the other offenses, he released to Hackensack University Medical Center.

Lyndhurst — Hours later, during the early morning of May 15, a 41-year-old man from Milton, MA, was also arrested for driving while intoxicated, as well as refusing to submit to a breath test following a motor vehicle stop on Ridge Road near New Jersey Avenue. Prior to being released to a responsible party, the man was also charged with being an unlicensed driver, careless driving and failure to maintain a lane.

North Arlington — During a routine motor vehicle stop in the late evening of May 8, police reportedly detected the odor of burnt marijuana in a vehicle at Ilford and Prospect avenues. Police determined that both a 16-year-old male from North Arlington and the driver, a 17-year-old male from Lyndhurst, had smoked marijuana. The passenger was charged with being under the influence of marijuana and released to his parents. The driver was charged with having tinted windows, violating his provisional driver’s license for having four people in the car, DWI and being under the influence of marijuana. He was also released to his parents.

June 8, 2009

DWI Convictions Haunt Two New Jersey Judges Disciplined by State Supreme Court

by Jonathan F. Marshall

Two New Jersey municipal judges arrested for drunk driving were recently disciplined by the state supreme court. One of the judges, Peter Tourison, received a more serious sanction because his DWI offense included property damage from a collision, as well as an effort to interfere with the results of the Alcotest breath testing machine.

On Tuesday, June 2, the New Jersey Supreme Court censured Judge Tourison, who presides over the municipal courts in Stone Harbor, Cape May and Middle Township, for the arrest precipitated by his public intoxication. The court also reprimanded Judge Robert Jones, of Livingston. Under a new policy adopted by the Court, judges convicted of driving under the influence of alcohol are disqualified for one year from presiding over DWI cases.

Tourison, arrested in early 2008, was stopped by police after he allegedly drove his BMW against the flow of traffic on Bayshore Road in Lower Township. He reportedly forced another driver to swerve his car onto the shoulder and then ended up in a Wawa parking lot where he ran into a parked Ford Explorer. The arresting officer stated that he detected the odor of alcohol on Tourison, who claimed he had consumed only two drinks, but then failed most of the field sobriety tests.

June 4, 2009

New Jersey DWI Sobriety Checkpoint in Marlboro Scheduled for this Friday Night

by Jonathan F. Marshall

The Marlboro Police Department will be checking for drunk drivers this Friday night and into the early morning hours of Saturday, June 6. Working in cooperation with the New Jersey Division of Highway Traffic Safety, members of the Monmouth County DWI Task Force will be checking for drivers who may be under the influence of alcohol, marijuana or other drugs, along the southbound lanes of Route 9 in Marlboro.

Officers will be signaling to drivers to pull over into the local Lowe’s parking lot in Marlboro to check driver sobriety between the hours of 11 p.m. on Friday night and 3 a.m. on Saturday morning. This is according to Brielle Police Chief Michael W. Palmer, the task force coordinator.

This upcoming sobriety roadblock is one of many set up during the year to root out drunk drivers. These checkpoints are used by police across New Jersey to help decrease the number of alcohol-related auto accidents and deaths. Information on these roadblocks is not always readily available, but the law stipulates that impending sobriety checkpoints must be publically announced beforehand. The law also requires New Jersey’s state, county and municipal law enforcement departments only to establish checkpoints based on certain criteria, such as statistical data that indicates an area has a high incidence of DWI arrests.