First Offense DWI

September 5, 2010

Husband of ‘Real Housewives’ Star Giudice Gets Reduced Sentence after Montville Drunk Driving Arrest

Whether it’s Snookie, Lindsay Lohan, Mel Gibson or any number of other famous personalities who have a little too much to drink, drunk driving and other traffic and civil offenses are not limited to the television screen. Not long ago, the husband of reality TV star Teresa Giudice (of ”Real Housewives of New Jersey” fame) apparently made a somewhat successful appeal after deciding to fight court-ordered penalties following his conviction for a DWI offense in Montville, NJ, early this year.

As a New Jersey defense attorney who represents motorists charged with driving under the influence of alcohol, as well as drugs, I and my colleagues understand state and local laws pertaining to individuals arrested for drunken driving throughout the Garden State.

According to recent news articles, Teresa Giudice’s husband apparently received a reduction in the penalties following an appeal from an earlier drunken driving arrest. Based on reports, a Superior Court judge substantially cut the various penalties that Giuseppe ”Joe” Giudice faced after a March DWI hearing in Montville Municipal Court.

August 31, 2010

Middle Township, NJ, Resident Faces DWI Charges following Accident that Seriously Injured Passenger

by Jonathan F. Marshall

A New Jersey driver was arrested for driving under the influence of alcohol after the vehicle in which he and another man were traveling crashed on Route 47 early on a Sunday morning. According to news reports, the accident occurred in Middle Township when 21-year-old Ryan Simcox of the township’s Rio Grande area apparently lost control of the vehicle.

As a result of the accident, Simcox’s passenger was thrown from the car. Based on police reports, 25-year-old Steven Adams was ejected from the vehicle when it crashed just before 3am near the Sonic restaurant at the Grande Center. The Whitesboro resident was thrown to the pavement and reportedly received serious injuries.

As a New Jersey drunk driving defense lawyer and former municipal prosecutor, I understand the complications that such an accident can cause to a DWI defense case. In this case, an eye witness told police that the driver was speeding through a parking lot, allegedly accelerating as he ignored several stop signs prior to losing control and driving through a safety fence and then into a ditch. The witness was reportedly a night watchman for a nearby Lowe’s store.

August 6, 2010

NJ Drunk Driving Update: How a New Jersey DWI Arrest Affects Out-of-State Motorists Caught Driving Under the Influence

by Jonathan F. Marshall

Being pulled over by a policeman in New Jersey while driving under the influence of alcohol can be just the beginning of a difficult and costly episode in one’s life. Getting pulled over for DWI while visiting or just passing through the Garden State can mean a variety of things, not the least of which is denial of that individual’s right to operate a motor vehicle in this state.

As a New Jersey lawyer dedicated to defending individuals arrested for DWI, DUI or breath test refusal, I understand how easily a driver can end up with a drunk driving conviction on his or her record. As a former municipal prosecutor, my knowledge of the state’s procedures gives me better insight into the process and potential outcomes.

For out-of-state drunken driving offenders, the end result is dependant on a number of factors. Regardless of the circumstances however, being convicted of driving while intoxicated either by use of prescriptions drugs or liquor is something you should avoid if at all possible.

While a patrolman may not at first be aware of whether or not a driver has had too much to drink, the officer can stop you for any number of potential traffic violations such as running a red light, making a lane change without signaling or not maintaining ones lane.

New Jersey’s drunk driving laws apply to all motorists regardless of whether or not one is a resident. However, for out-of-state drivers a possible conviction for DWI does not arise as a result of the state where an individual obtained their drivers license. Specifically, when an individual licensed in a state other than New Jersey is charged with a drinking and driving offense here in New Jersey, all that this state can do is enforce the particular DWI, drug DUI and/or refusal charge by limiting that driver’s ability to operate a motor vehicle within New Jersey.
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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.

June 16, 2010

NJ Drunk Driving News: Motorist Who Caused late-March Cape May Power Blackout Pleads Guilty to DWI

by Jonathan F. Marshall

A woman single-handedly pulled the plug on 18,000 residents in Cape May, NJ, on a cold March morning earlier this year, but the reason behind the crash that left so many in the dark was much more simple. According to court records, 26-year-old Denise M. Pomykacz of Burlington Township was driving under the influence of alcohol the morning of March 27 when she plowed into a utility pole just before 5am.

As a former municipal prosecutor and now as a New Jersey drunk driving defense lawyer, I know how combining a DWI arrest with other traffic offenses or moving violations can complicate an individual’s case. Whether one is facing charges of driving while intoxicated, breath test refusal or prescription drug DUI, there is no sense in making things worse by adding property damage or injury to the list of offenses.

In the recent case of Ms. Pomykacz, the former West Wildwood resident reportedly pled guilty in a Middle Township courtroom to DWI charges lodged against her following the drunken driving episode that winter morning.

May 12, 2010

NJ DWI News: Will New Law Increase Police Focus on Young Drivers, Drunk or Otherwise?

by Jonathan F. Marshall

A recently passed law requires drivers under the age of 21 to place a red sticker on their vehicle’s license plates. While the intent of the law appears to be a good-hearted attempt at traffic safety, as a New Jersey DWI defense attorney I tend to side with those claiming the $4 sticker will only invite unwarranted scrutiny and potential discrimination against a segment of the driving public.

When it comes to drunk driving enforcement, New Jersey State Police and municipal police officers are always on the lookout for motorists who may be operating their vehicles while impaired due to alcohol, prescription drugs or controlled dangerous substances (CDS). Young drivers who exhibit traffic behavior suggesting inebriation could quite possibly by singled out due to that red mark on their license plate.

According to an editorial, the new law that took effect on May 1 will must likely lead to discrimination against young drivers which probably wouldn’t happen without a red dot. According to the author, New Jersey is one of the top ten safest states for teenage drivers. Referring to the 2001 law that established a curfew for teenagers and significantly decreased the teen driver accident rates, the editorial asks if there is any good reason to put another law into effect.

April 18, 2010

New Jersey DWI Defense Update: What Every Driver Should Know About Drunk Driving Arrests — Part One

by Jonathan F. Marshall

Being drunk on the road is always a risky scenario. But as a New Jersey drunk driving defense lawyer and former municipal prosecuting attorney, I know that many Motorists get caught up in DWI arrests unexpectedly. Understanding that being arrested for driving under the influence of alcohol is just the start of a long process is fine, but knowing that being convicted of driving while intoxicated is something you should avoid if at all possible.

The following may help some motorists in the Garden State avoid the pitfalls and legal troubles of being arrested, charged and convicted of drunken driving. Of course, the entire process starts with being pulled over for impaired driving in the first place. Whether you are eventually charged with DWI, drug DUI, breath test refusal, or other drunk driving violation, a traffic stop comes first.

Some people wonder is under what circumstances a patrolman can pull them over for driving drunk. While the officer in charge may not initially be aware of your alcohol consumption or prescription drug use, he can stop you for any number of reasons associate with violations of traffic law.

April 16, 2010

Morris County DWI and Drug DUI News: Madison, NJ, Drunk Driving Arrest Police Blotter

by Jonathan F. Marshall

In the early hours on a Wednesday morning, police observed a vehicle apparently being driven in an erratic manner. Pulling the car over to issue a traffic citation, the patrolman likely detected evidence of drinking and driving on the driver’s part, after which the 20-year-old female resident of Greenvillage, New Jersey, was arrested for driving while intoxicated. The officer took the allegedly drunken driver to police headquarters and charged with DWI. She was released to the custody of a friend not long afterward.

In a potential case of drug DUI, a 19-year-old out-of-state woman was found by police to be in possession of possession of marijuana and drug paraphernalia following a routine traffic stop in the municipality of Madison, New Jersey. Although the officer in charge had originally stopped the vehicle apparently for a moving violation, he discovered that a passenger was in possession of a schedule 3 narcotic. The woman was transported to headquarters for processing and later released pending a court appearance.

During a routine early evening traffic stop for defective vehicle, a Madison, NJ, police officer apparently suspected that one of the passengers in the vehicle may have had some kind of controlled dangerous substance (CDS) on his person. The suspect, a 19-year-old Fairlawn man, was arrested and charged with possession of marijuana, possession of prescription legend narcotics, and possession of drug paraphernalia. Officers transported the man to headquarters for processing and then released him pending a court appearance.

April 2, 2010

New Jersey Drunk Driving News: Will Anti-DWI Breathalyzer-Ignition Interlocks Cause Traffic Accidents?

by Jonathan F. Marshall

Since the passing of another anti-drunk driving bill in the state legislature earlier this year, some people have voiced concern over the safety of ignition interlock devices, which are designed to disable a vehicle if the operator’s blood-alcohol content (BAC) is over a certain level. The law requires even those convicted of a first-time DWI violation to have the breathalyzer-type device installed on their vehicle.

As a New Jersey lawyer who defends motorists charged with driving under the influence of alcohol, I was not surprised by the passage of this law especially considering the strong public support for most any DWI, drug DUI or other drunken driving offenses. Not only does a conviction for driving while intoxicated carry a stigma that is not easily lost, court costs, fines and increased insurance premiums only add to the burden, even for first-time offenders.

Recently, an editorial addressed the concern of having so many vehicles fitted with a breathalyzer-ignition interlock device. The fear is that these devices might cause additional distractions or literally shut off the vehicle as it is traveling on a busy expressway, possibly causing an accident.

March 26, 2010

DWI Defense Law Update: NJ Appellate Court Overturns Decision on Sentencing for Convicted Drunk Drivers

by Jonathan F. Marshall

Recently there was an important change to New Jersey drunk driving law affecting the sentencing of motorists convicted of DWI offenses. According to reports, a New Jersey appellate court overturned a decision that had stood as a precedent for the past 17 years. As a New Jersey drunk driving defense lawyer, my aim is to help those accused of driving under the influence of alcohol or prescription drugs get a fair hearing. Changes such as this latest decision will have a great affect on DWI case going forward.

The recent appellate court ruling states that any previous convictions for the violation of New Jersey’s implied consent law must now be considered as prior DWI convictions where drunk driving sentencing is concerned.

The case in question, State v. Ciancaglini, No. A-2785-08T4 (N.J.A.D. 2010), was brought by the state of New Jersey as an appeal to the sentencing of Eileen Ciancaglini, a woman charged with drunk driving back in May 2008 (at that time Ciancaglini blew a 0.17 percent BAC on a breathalyzer).

Ciancaglini had already been convicted of drunk driving in 1979; she was also convicted of refusing a chemical alcohol test in 2006. When she pled guilty to the 2008 DWI charge she was sentenced as a third-time offender by the municipal court (Here in New Jersey, drunk driving defendants have the right to appeal the decisions of municipal courts to New Jersey Superior Court, which is exactly what Ciancaglini did).

In that appeal, the Superior Court used a precedent established in State v. DiSomma, 262 N.J.Super. 375 (N.J.A.D. 1993). In the case, the court found that prior refusal convictions did not count as prior DWI convictions under New Jersey’s DWI sentencing statute, N.J.S.A. 39:4-50. (This law also requires the court that sentences the defendant to discount a conviction so long as it occurred more than 10 years prior to the current conviction.)
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