Field Sobriety Tests

May 22, 2009

DWI News: New Jersey Ranked First in “Unfair” Traffic Fines, Enforcement Practices

With Memorial Day weekend upon us, we have one observation for New Jersey motorists: The Garden State is no paradise when it comes to drunk drivers, speeders and other hapless recipients of tickets and summonses from our traffic enforcement community. Intoxicated drivers in particular beware, according to the National Motorists Association (NMA) our state goes to the head of the class when it comes to exploitation of the road-going public.

Although DWI and DUI were not addressed specifically, the NMA did rank individual states based on seventeen criteria related to traffic laws, police enforcement practices, as well as how defendants are typically treated. The rankings, according to the NMA, are “designed to provide guidance to travelers who do not want their vacation ruined by speed traps, arcane laws or ‘kangaroo’ traffic courts.”

Not surprisingly, New Jersey was found to be the state most likely to dip deeper into a driver’s wallet. With our toll roads, sobriety roadblocks and speed traps, New Jersey has left almost no stone unturned when it comes to extracting cash from motorists, says the NMA. New Jersey has also recently pushed through a red-light camera pilot project at a time when many states are banning the ticket cameras because “they’ve proven to have a negative effect on traffic safety.” Add in “driver responsibility” fees, which are ineffective and have a disproportionate effect on the poor, and we find ourselves at the top of the list. For those keeping score, here is the NMA’s top ten worst states:

May 21, 2009

Bergen County, NJ: DWI / Marijuana DUI Arrests

by Jonathan F. Marshall

Lyndhurst — A 52-year-old New Jersey man was arrested for driving under the influence of alcohol last week on Thursday evening when police found the allegedly intoxicated suspect in his car, which was parked and partially blocking the roadway on New York Avenue. In addition to drunk driving, he was charged with having an open alcohol container in his vehicle, as well as careless driving. Reports stated he was released to Hackensack University Medical Center.

Lyndhurst — Early on May 15, an out-of-state man was arrested for DWI following a motor vehicle stop on Ridge Road. Police charged him with driving under the influence of alcohol after they noticed he was unable to keep his vehicle properly in his lane. The 41-year-old driver refused to submit to breath test. He was charged with not carrying a driver’s license and careless driving, then released on summonses to a responsible party.

North Arlington — Police reported a motor vehicle stop on May 8 at Ilford and Prospect avenues. Officers detected the odor of burnt marijuana and determined a 16-year-old male passenger from North Arlington and the 17-year-old male driver from Lyndhurst, had been smoking marijuana. The passenger and driver were both charged with being under the influence of marijuana. The driver was also charged with DWI and violating his provisional driver’s license for having four people in the car.

May 18, 2009

New Jersey DWI and Marijuana DUI Police Blotter

by Jonathan F. Marshall

East Rutherford — A 29-year-old local man was picked up for drunk driving in the late evening of Wednesday, May 6, following a minor accident on Patterson Avenue. The allegedly intoxicated driver was arrested for DWI, as well as for not maintaining a vehicle in safe condition, failure to produce a driver’s license, driving on a suspended license, lack of insurance and failure to report a change of address. The suspect also refused a breathalyzer test. According to police, the man’s vehicle hit a curb, which blew out one of his tires. He admitted to officers that he did not have his driver’s license due to it being suspended for a previous DWI conviction. He was later released.

North Arlington — A 47-year-old resident of Belleville, New Jersey, was arrested in the early morning of May 8 for a series of offenses, including driving while intoxicated, careless driving, parking his car on the sidewalk and refusing to take a breath test. The man reportedly sped into a Chase Bank parking lot, where the observing police officer was parked in a marked police cruiser. The man reportedly stopped his car, stumbled out and staggered to the bank’s cash machine. Upon returning to his car, the officer approached the man and gave him a field sobriety test, which he failed. The man also refused a breath test, after which he was arrested and taken into custody. The vehicle was impounded and the man was later released to a third party the vehicle.

Princeton — In a possible marijuana DUI arrest, a 35-year-old Lawrence, NJ, man was charged for driving down Paul Robeson Place while intoxicated and in possession of marijuana. The man was arrested following a 12:15 a.m. vehicle stop the morning of Friday, May 13, and taken into the borough police headquarters. He was later released on his own recognizance. Police reports show that the man was charged with DWI, as well as possession of marijuana and other drug paraphernalia, however, there was no indication what the suspected intoxicating substance was.

May 16, 2009

Monmouth County, New Jersey: Latest DWI Sobriety Checkpoint

by Jonathan F. Marshall

The most recent sobriety roadblock in Monmouth County was in force this past Friday night and Saturday morning on Route 36 in West Long Branch. The county’s DWI Task Force was working in concert with the New Jersey Division of Highway Traffic Safety to identify and pull over intoxicated drivers operating their vehicles under the influence of alcohol or drugs.

Here in New Jersey, these sobriety checkpoints are commonly used by law enforcement as a way to decrease the number of alcohol-related auto accidents and deaths on the state’s highways and surface streets. To maintain a modicum of fairness, the law insists that state, county and municipal arms of law enforcement set up these checkpoints using certain criteria, such as choosing a location based on statistical data that indicates it has a high incidence of people driving while intoxicated.

Police typically employ field sobriety tests and/or a breathalyzer test to determine a driver’s blood alcohol content (BAC). As New Jersey DWI Attorneys, we advise anyone who has been issued a DWI summons as a direct result of a roadblock to retain the services of a skilled legal professional.

April 16, 2009

DWI Arrest Follows Near-miss with New Jersey Police Officer

by Jonathan F. Marshall

A suspected drunk driver steered her speeding SUV within inches of a Branchburg Township police officer as he was conducting another traffic stop the evening of April 10. The obviously intoxicated driver of the SUV was later found to have 14-year-old minor riding with her, police said.

The incident occurred on Route 28 in the township’s North Branch section just before 8 p.m. The officer, Fred Ghanim, had just stopped a vehicle for speeding and was getting out of his cruiser to issue a non-DWI summons. Just as the officer stepped out his vehicle, but before he could close the driver door, a silver SUV swerved in Ghanim’s direction at a high rate of speed.

According to the report, Officer Ghanim pulled the door tight against his body, effectively sandwiching himself between the body of the police cruiser and the driver’s door as the SUV sped past.

It must be said, at this point, that far too many law enforcement professionals lose their lives in the line of duty, but the senseless deaths caused by drunken drivers are all the more sad, and preventable. Near-miss situations like this one illustrate the razor’s edge between life and death that public safety personnel face every day while patroling our nation’s roadways.

Fortunately, this incident ended with no serious injuries. Ghanim reported that the SUV missed his door by about an inch before the driver swerved back into her lane.

Soon after, police stopped the 38-year-old SUV driver, Betsy L. Nash of North Branch, who had the odor of alcohol on her breath. This prompted officers to ask her to perform a field sobriety test. She failed that test and was subsequently given a blood alcohol test, which turned up a reading of 0.13 percent — significantly over the legal limit in New Jersey.

Nash was charged with several counts, including careless driving, DWI, and driving while intoxicated with a minor on board. She was later released to a member of her family. Considering how close she came to injuring or even killing a law enforcement office, she was extremely fortunate.

If you are pulled over by police and found to have a BAC of 0.08 percent or more, you will be charged with DWI, if arrested. You could face a fine and jail time if convicted. Any driver issued a summons for DWI is encouraged to contact a New Jersey DWI Attorney. Our legal team is available around the clock to help you.

Branchburg Police Plotter, MyCentralJersey.com, April 14, 2009

April 14, 2009

NJ Man Arrested for DWI by New York State Troopers

by Jonathan F. Marshall

A 39-year-old man from Hohokus, New Jersey, was arrested on suspicion of driving while intoxicated early Friday morning after a traffic stop on Albany Post Road in Cortlandt, NY. State Troopers charged the man and 11 other motorists with DWI during a string of traffic stops in Westchester and Putnam counties over the course of the long holiday weekend, mostly in the early hours of the day, according to authorities.

Though a number of the drivers were from out of state, most were from the local area. One local man in particular, a 32-year-old with a previous DWI conviction, who was stopped just before 5 a.m. on Sunday, was charged with multiple counts. The list included driving while intoxicated, first-degree aggravated unlicensed operation, felonies, unlawful possession of marijuana and refusal to submit to a breath test, according to the police report. In this instance, the man’s drunk driving charge was bumped up to a felony due to his previous DWI conviction, which occurred less than 10 years ago.

Most, however, were charged with misdemeanor DWI. Another local man was charged with driving while intoxicated and aggravated DWI, both misdemeanors, following a 2:15 a.m. traffic stop Sunday morning. Police said that the aggravated DWI charge was due the man’s blood-alcohol level being in excess of 0.18 percent — fully 0.10 percent beyond the legal threshold for driving while intoxicated in New York State.

April 10, 2009

DWI Alert: Sobriety Checkpoint in Marlboro, NJ

by Jonathan F. Marshall

In New Jersey, DWI checkpoints are a common method used by police to help reduce the number of alcohol-related traffic accidents and fatalities throughout the state. To maintain fairness under the law, our courts have required state, county and municipal law enforcement authorities to publish the times and locations of future sobriety roadblocks. It is our opinion, however, that this information is not always provided in the most convenient or accessible fashion.

We believe that if the public knew about the times/locations of these checkpoints in advance, they would be more likely to stay off the road during those hours, ensuring their own safety and contributing to that of other drivers. Because of this, we are posting the following information:

DWI Checkpoint in Marlboro
Starting tonight, April 10, and continuing through the morning hours of April 11, the Monmouth County DWI Taskforce, in cooperation with the New Jersey Division of Highway Traffic Safety, will be operating a DWI checkpoint adjacent to the northbound lanes of Route 9. The Marlboro Police Department, along with members from the task force, will pull vehicles over into the New York Sports Club parking lot to detect any vehicles being operated by drivers under the influence of alcohol and/or drugs. This announcement is based on information provided by Brielle Police Chief and task force coordinator, Michael W. Palmer.

April 4, 2009

DWI Death on New Jersey’s Atlantic City Expressway Precipitates Arrest of Kixx Soccer Player

by Jonathan F. Marshall

Professional indoor soccer player, Mathew J. Maher, of the Philadelphia Kixx was recently arrested and charged with drunk driving and allegedly causing the death of a Pennsylvania man on the Atlantic City Expressway earlier this month.

According to police, Maher, 24, of Cape May Courthouse, New Jersey, was driving a 2007 Cadillac Escalade eastbound shortly before 3 a.m. on March 7. The police report alleges that Maher, a defender for the Kixx indoor soccer team, was speeding and under the influence of alcohol when his vehicle rear-ended a Chrysler minivan being driven by Hort Kap, 55, of Philadelphia.

According to New Jersey State Police Sgt. Julian Castellanos, Maher’s Cadillac hit Kap’s Chrysler Town and County in the right lane, forcing the van into a guardrail, where it flipped and partially ejected its driver. Kap was pronounced dead at the scene. Police reported that Maher’s Escalade hit the guardrail with such force that one of the wheels separated from the vehicle and was thrown through the air some distance.

A former Temple University soccer star, Maher was initially charged with driving while intoxicated. Following the crash, he was given a field sobriety test and later had blood drawn at Kessler Memorial Hospital in Hammonton, where he was taken for treatment of his injuries in the accident.

Further investigation of the accident resulted in a charge of aggravated manslaughter being issued against Maher. If convicted of this first-degree offense, the young athlete could receive up to 30 years in jail, as well as being fined upward of $200,000. Maher was taken into custody March 20, after turning himself in to authorities.

Kixx player arrested for drunk driving death on NJ highway, NJ.com, March 20, 2009

Kixx player charged with DWI in Hamilton Township, NJ.com, March 10, 2009

April 1, 2009

New Jersey DWI Police Blotter

by Jonathan F. Marshall

Carlstadt — A 68-year-old man from Astoria, New York, was arrested March 21 at 12:18 a.m. for DWI, drunk driving within 1,000 feet of a school zone, and parking in a no-parking zone. The man was charged and later released to the custody of his wife.

East Rutherford — On March 29, a 37-yeal-old man from Garfield, NJ, was arrested for DWI and several other charges following a motor vehicle accident on Railroad Avenue. In addition to drunk driving, the man was also charged with driving while suspended, reckless driving and careless driving, as well as possession of drug paraphernalia. According to police, the driver fell asleep behind the wheel and crashed his 2006 Dodge Durango into two parked cars. Authorities released the man on summonses once he had become sober.

East Rutherford — A 21-year-old woman from Rutherford, New Jersey, was arrested March 27 at 2:17 a.m. for drunk driving, refusal to submit to a breathalyzer, careless driving and leaving the an accident scene. According to the report, a 1999 Ford Explorer belonging to the woman had struck a utility pole on Hackensack Street near Union Avenue, however the driver was missing from the scene. Police said both airbags were deployed in the abandoned vehicle, and that there was a crack in windshield with hair stuck in it. Police charged the driver when she returned to the scene a while later. She was subsequently released to a friend.