Field Sobriety Tests

November 21, 2010

NJ Legal Defense Update: Understanding the DWI Arrest and Conviction Process — Part Two

Understanding how law enforcement and the New Jersey courts approach drunk drivers is a basic first step in getting ready for a potential drunken driving arrest sometime in the future. It goes without saying that few people, if any, expect to be charged with driving under the influence of alcohol (DWI) or prescription medications (drug DUI). In fact, most drivers are hardly prepared when a drunken driving arrest does happen to them. Needless to say, being taken into custody by a New Jersey state trooper or local police officer is just the start of what can be a long and costly process.

As a New Jersey DWI defense lawyer, I believe that knowledge is power. The following offering provides some additional info that supplements a previous entry from October. As Mercer, Middlesex and Essex County DWI defense lawyers, our hope is that this information may be of some help to motorists if and when they are pulled over for driving under the influence of alcohol, prescription meds, or even illicit drugs (drug DUI), and maybe even marijuana possession in a motor vehicle.

When it comes to impaired driving, the police may suspect a motorist is drunk based on the manner in which he or she acts during a routine traffic stop. One way that patrolmen make the decision to have a driver submit to a breath or blood test is to have the suspect perform several standardized field sobriety tests.

A one of the main tools of drunken driving enforcement, field sobriety tests can be one of several pieces of evidence use by the prosecution in court to prove that a driver was impaired at the times of the arrest. These sobriety tests typically involve three separate tests:

1) Horizontal gaze nystagmus 2) One-leg standing test 3) Walk-and-turn test
That first one is something you may recall from TV cop shows where the officer asks the suspect to follow a penlight with his eyes as the patrolman moves it from side to side. Naturally, anyone charged with DWI should consult with an attorney vis-à-vis the legality of any tests and whether they were administered in the proper manner.

In addition to the above tests, an officer will also be looking for anything a subject may say or do during the DWI stop, all of which could possibly be noted and then used against the motorist as evidence to gain a drunken driving or drug DUI conviction. As one might imagine, even the way a suspect gets out of the vehicle may be used against him or her by the local prosecutor when trying the case in court.
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November 3, 2010

Garden State Police Charge Two Drivers with DWI in Separate Traffic Accidents

by Jonathan F. Marshall

Morris County DWI Crash

Police responding to a Monday night car accident between two vehicles ended up arresting a Pompton Plains resident for driving while intoxicated. The collision occurred along a section of the Newark Pompton Turnpike near Route 23. As a New Jersey drunken driving defense attorney, I’ll tell you right now that getting into a traffic accident and then being arrested for driving under the influence of alcohol or prescription medication will not bring you any sympathy in a courtroom.

According to news reports, 20-year-old Matthew Ricucci hit another vehicle from behind just before 11pm in the evening. The other car, a black Honda, was being driven by 34-year-old Patria Espinet of Paterson, NJ. At the scene of the crash, Espinet told emergency responders that his neck hurt, after which he was transported to Chilton Memorial Hospital by personnel from the Pompton Lakes-Riverdale EMS.

October 29, 2010

Bergen County Drunk Driving News: Multiple DWI / DUI Arrests in Lyndhurst, North Arlington

by Jonathan F. Marshall

DWI arrests come in all shapes and sizes, sometimes in ways that one wouldn’t expect. The important thing to remember is that anyone who feels the least bit tipsy from alcohol consumption or is otherwise impaired due to prescription medications (drug DUI) or other controlled dangerous substance (CDS) should think long and hard about climbing behind the wheel of an automobile. As a New Jersey DWI defense lawyer, I know that even sitting in a parked motor vehicle while intoxicated could result in a drunken driving arrest or summons. So why chance it?

Recently a number of arrests took place in could North Arlington and Lyndhurst, NJ, that illustrate what can and does happen to New Jersey drivers on a fairly regular basis. As Bergen County DWI Attorneys, my firm knows that you don’t have to be caught at a sobriety roadblock to feel the pinch of a DWI conviction down the road.

CDS PossessionA 25-year-old driver was stopped in the early morning hours on a Saturday for a routine traffic violation in North Arlington. The police officer pulled the man over for operating his vehicle without his headlamps turned on. Upon determining that the motorist had some outstanding warrants, the officer effected an arrest. In the process he found five bags of what police believed to be cocaine.

Marijuana Possession in a VehicleA 17-year-old Belleville driver was arrested in Lyndhurst after a routine traffic stop. According to police reports, the teenager was charged with possession of marijuana in a motor vehicle. Police eventually released the teen to his parent. Police issued the teenager a summons for violation of a provisional license
Drunk DrivingEarly on a Sunday morning, police responded to a noise complaint on Canterbury Avenue. When police arrived they found a car with its sound system turned on very loud. Observing a 46-year-old local man seated in the driver’s seat, the officers also noticed that the vehicle’s engine was running. Talking with the driver, the officers detected the odor of alcohol and requested the man exit the car and perform several field sobriety tests, which he failed. The man was subsequently charged with drunk driving, cited for not being a licensed driver, plus refusing to submit to a breathalyzer test. The man’s car was also impounded.
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October 28, 2010

New Jersey Drunk Driving News: Hackensack, NJ, Cops Charged with DWI-related Accident Cover-up

by Jonathan F. Marshall

As a former municipal prosecutor I have the utmost respect those professionals working in the law enforcement community. And who wouldn’t? These are the men and women who put their lives on the line every day to ensure public safety on our roadways and elsewhere across the state. Yet, even though I respect and applaud the effort and selfless dedication of the police force in general, as a New Jersey drunk driving defense attorney I understand that there are always going to be some bad apples out there.

The line we all must draw is when a public servant breaks the laws he or she is sworn to uphold. As a citizen I fully expect all public officials including police officers to carry themselves with dignity and remain exemplary role models to the rest of society.

What I cannot accept is a public servant who flouts the law or twists it for his own gain. Drunk driving is an area of the law in which I and my staff are quite experienced. Not long ago, a couple police officers from Hackensack, NJ, were charged with a cover-up involving a traffic accident. One of the shocking aspects of this story is that one of the cops was drinking and driving while off duty when he crashed his vehicle.

October 25, 2010

Essex County, NJ, Receives Grant Money to Increase Drunk Driving Patrols and DWI Arrests

by Jonathan F. Marshall

Like many New Jersey counties, Essex is the recipient of federal funds to cover the cost of traffic enforcement, including increased drunken driving patrols, sobriety checkpoints and other DWI-related policing efforts. As a New Jersey drunk driving defense attorney, I know that not every DWI or prescription drug DUI arrest results in a conviction.

As Essex County DWI lawyers, I and my colleagues understand the law and have years of experience in areas such as field sobriety testing, Alcotest and blood-alcohol testing equipment, as well as municipal and state court procedures. As a former municipal prosecutor myself, I know the kinds of techniques and strategies employed by the state to gain a conviction for driving under the influence of alcohol and prescription medications.

Police can arrest a motorist for being legally drunk on beer and wine, but arrests and summonses are also processed for drivers who are suspected of being impaired due to marijuana, cocaine and other controlled dangerous substances (CDS).

October 15, 2010

NJ DWI News: Passaic County Police Make Multiple DWI Arrests in Clifton, New Jersey, Area

by Jonathan F. Marshall

It may seem that bad things happen in groups, but this is probably just the law of averages in action. Still, the police in Passaic County had their hands full not long ago when more than a half-dozen motorists were arrested for drunken driving in less than three days in the Clifton, NJ, area.

As New Jersey DWI attorneys working in Passaic, Ocean, Bergen and other counties around the state, we know that this is just business as usual for local law enforcement. It must be remembered that not every drunken driving arrest results in a conviction. The penalties for multiple DWI or drug DUI convictions can be quite stiff, so it makes sense to contact a qualified drunk driving defense lawyer to discuss your particular situation. Here are some examples:

Hit-and-Run Accident
A 72-year-old Clifton man was arrested and charged with DWI on a Thursday evening when, according to reports, police responded to a hit-and-run accident on St. Andrew’s Boulevard. The officers detected signs of drunkenness when the questioned the elderly gentleman. Giving him several field sobriety tests to perform, which he could not, the officers arrested and took him into custody. He was charged with DWI after having his blood-alcohol content (BAC) recorded at 0.10 percent. Police also charged the man with leaving the scene of a motor vehicle accident.

Asleep in a Running VehicleThe next morning, just before 2am, police observed a driver asleep in his ’05 Nissan Altima near the intersection of Van Winkle and Highland Avenue. Approaching the car, officers saw that the keys were still in the ignition and they could hear the engine running. Police awakened the 32-year-old Passaic resident to question him, during which they reportedly detected signs of alcoholic intoxication. The man allegedly failed several field sobriety tests, after which the officers arrested him and took him to headquarters. After registering a BAC of 0.10, he was charged with DWI.
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October 11, 2010

Bergen County, NJ, Drunken Driving Report: East Rutherford DWI Police Blotter

by Jonathan F. Marshall

Here in New Jersey, drunk driving arrests happen on a daily basis. Many times these incidents begin with a routine traffic stop for a sometimes minor traffic violation but soon turn into a full-blown DWI situation. Instances of motor vehicle accidents can also lead to a driver being slapped with a summons for driving under the influence of alcohol.

As a New Jersey drunk driving defense lawyer, my firm represents individuals who have been accused by state or local police of driving while intoxicated. A look at the local news shows a sampling of DWI arrests in the Bergen County area, which illustrate the typical kinds of traffic stops that lead to possible drunk driving charges and convictions.

One such stop occurred on a Monday evening when a concerned motorist called police on her cell phone to reports a possible drunken driver ahead of her on West Paterson Avenue in East Rutherford, NJ. Police responding to the call came upon a vehicle at the intersection of Paterson and Main. A 43-year-old man was in the vehicle seated in what police described as “a fully reclined position” and apparently asleep.

Waking up the out-of-state driver to request the man’s paperwork, officers reported that they detected the smell of alcohol on the driver’s breath. Suspecting that he was intoxicated, police had the man perform a number of field sobriety tests, which he reportedly failed. At that point, the officers arrested the man and charged him with DWI.

On another occasion, a patrolman going eastbound on Route 3 watched as another car passed him in the center lane and then reportedly swerved between the lane demarcations. The officer noted that the suspect vehicle nearly struck another motor vehicle at that time. Driving another 500 yards, the vehicle was observed pulling over in the right lane. The officer then called to the man via his patrol car’s PA system and told him to move his car.

Pulling the driver over into a nearby gas station, the officer asked the driver to exit the vehicle and perform several field sobriety tests. Failing those tests, the 45-year-old Rutherford resident arrested and charged with driving under the influence of alcohol. Consequently, he was also charged with driving on a suspended license, careless driving, failure to maintain his lane and obstructing passage of other motor vehicles.
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October 7, 2010

New Jersey Drunk Driving Update: Understanding the DWI Arrest and Conviction Process — Part One

by Jonathan F. Marshall

Taking the wheel of a car or truck while intoxicated is never advisable, though many people do drive after drinking a beer, a glass of wine or shot of tequila. After doing so, the odds of getting pulled over can often go up many fold. As a New Jersey DWI defense attorney and former prosecuting attorney for municipalities in the state, I understand how drivers in the Garden State can get arrested for and charged with drunk driving by local or state police.

Knowing that you can be arrested for driving while intoxicated is fine for starters, but there are a number of other parts of the drunken driving arrest and conviction process that one should be familiar with. Naturally, impaired driving either through the consumption of alcohol or the use of prescription medication (drug DUI) is something that every drive should avoid for their own safety, if not for others.

As Ocean, Monmouth, Bergen and Union County drunk driving defense attorneys, we hope that the following pointers may be of some use to individuals currently facing DWI or DUI charges. Understanding these may help other New Jersey motorists avoid the pitfalls and legal troubles of being arrested or convicted of drunken driving. The process begins, simply enough, with a driver being stopped for a routine traffic violation, but it can quickly escalate to include taking a field sobriety test and then an Alcotest, or breathalyzer test.

Whether a driver is ultimately charged with driving under the influence of alcohol, drug DUI, or breath test refusal, will have much to do with the particular circumstances of the traffic stop and the driver’s level of inebriation.

Many might ponder under what circumstances a New Jersey police officer will likely stop them for drunken driving. Although an officer may not be aware at first that a motorist is, in fact, impaired by alcohol or prescription meds, he may decide to pull a driver over for any number of possible traffic violations.
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October 3, 2010

New Jersey Drunk Driving News: Little Falls, NJ, Police Reports Multiple DWI Arrests in Passaic County

by Jonathan F. Marshall

Local municipalities throughout the Garden State make numerous traffic stops and subsequent arrests for driving under the influence of alcohol. As DUI defense attorneys understand the ins and outs of this state’s legal system.

Whether it is a case of drunk driving where the motorist has been arrested at one of many sobriety roadblocks, or if an individual is caught in possession of marijuana in a motor vehicle or otherwise operating a car under the influence of a controlled dangerous substance (CDS), the situation may be similar to numerous other arrests in the news every week.

Serving motorists in Monmouth, Bergen and other counties throughout the state, our suggestion is to always consult with a drunken driving defense lawyer to better understand your particular situation. The following list of recent DWI/DUI arrests by Little Falls, NJ, police is just an illustration of the kinds of drunk driving offenses that happen every day across the county.

Marijuana Possession in a Vehicle
On a Thursday evening in September, a patrolman stopped a driver for having illegally tinted windows on his vehicle. Walking up to the driver’s side of the car, the officer detected what he suspected was the odor of burning cannabis, or marijuana, emanating from the vehicle. During a voluntary search of the 19-year-old suspect’s car, the policeman discovered several plastic bags filled with marijuana. The officer subsequently arrested the man, who was reportedly a resident of Paterson, NJ.

DWI
During an early morning traffic stop on a Friday, Little Falls police officers pulled a vehicle over for speeding along a section of eastbound Route 46. The patrolmen noticed that the driver was exhibiting signs of being drunk. The officers then requested that the 28-year-old female driver perform several field sobriety tests to determine if the woman was impaired by alcohol. After failing the tests, police arrested the driver. A subsequent blood-alcohol content (BAC) test was performed by the officer indicating that the driver had a BAC in excess of the 0.08 percent limit. She was then arrested for driving while intoxicated (DWI).
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September 30, 2010

New Jersey Drunk Driving Defense: Sea Isle, NJ, Police Trumpet DWI Checkpoint as a Success

by Jonathan F. Marshall

Most any New Jersey motorist should be able to tell you that drunken driving enforcement around the Garden State appears to have gotten more intense over the years. And it should come as no surprise, especially to those individuals who have been convicted of DWI, that the state police, local law enforcement departments and the courts have virtually no tolerance for drivers who choose to operate their vehicles while under the influence of alcohol, prescription drugs, marijuana and other controlled dangerous substances (CDS).

Increasingly, New Jersey police departments are operating drunk driving patrols and sobriety checkpoints, also known as DWI checkpoints. As a New Jersey drunk driving defense lawyer, this trend is not news to my office. We represent motorists from all across New Jersey — in counties such as Bergen, Monmouth and Ocean — who have been accused of driving while intoxicated either by beer, wine, hard liquor or drugs, prescription or illicit.

An article from Sea Isle, NJ, talked about the relative success of that municipality’s most recent sobriety checkpoint, which apparently caught few DWI offenders, but a number of other traffic violators. In all, just three drivers were either arrested or charged with drunk driving offenses. According to the news piece, on August 28, local police set up a drunken driving checkpoint on the 200 block of JFK Boulevard.