Articles Posted in Middlesex County DWI Defense

The coming holiday season is well known for its parties and family gatherings, and despite the poor economy drunk driving arrests are sure to surge during the next few weeks. In response, New Jersey DWI enforcement units are taking to the streets in an effort to reduce the instance of driving while intoxicated. As leading drunk driving defense lawyers, my firm has experience in a wide range of DWI and drug DUI defense. Recent news of the “Over the Limit, Under Arrest” campaign is evidence that drunk driving patrols will be working overtime in the Garden State.

According to news reports, law enforcement agencies across the state are already conducting saturation patrols and operating sobriety checkpoints, also known as sobriety roadblocks, as part of the nationwide drunk driving campaign. Enforcement will continue, say police, through January 3, 2010.

New Jersey’s Division of Highway Traffic Safety is funding the local initiative, which began in 1999. According to reports, the division provides $5,000 grants to law enforcement agencies to cover overtime for those officers assigned to DWI patrols or checkpoints.

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.

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.

Drivers across the New Jersey area, including Middlesex, Monmouth, Ocean and Atlantic counties, may see an increase in police presence on the state’s highways and surface streets during this coming Saturday, October 10. In a nationwide campaign known as “Put the Brakes on Fatalities Day,” law enforcement agencies will be out in force looking for traffic violations and targeting zero fatalities for one full day. This effort may include sobriety checkpoints in various areas.

As a citizen of New Jersey, as well as a DWI defense attorney, I am always happy to see traffic deaths decrease. However, I know that some motorists can get a raw deal from local and state police during campaigns such as this. That is why I always encourage people arrested for drunk driving to contact a legal professional for advice and counsel.

According to news reports, “Put the Brakes on Fatalities Day” will see police departments statewide emphasizing and enforcing all traffic laws, including seatbelt usage, obeying the posted speed limit, avoiding distractions such as cellphone use while driving, and not getting behind the well when intoxicated.

A Woodbridge, NJ, man was sentenced to eight years in prison recently for a fatal drunk driving accident that killed a Perth Amboy patrolman. Sean McGuirk, 25, received his sentence in a New Brunswick courtroom on September 17 for the August 2008 crash that killed 31-year-old Thomas Raji and injured two other people. Although there are many kinds of drunk driving charges, as a New Jersey DWI defense lawyer I will say that the most serious cases involve injury accidents and fatal wrecks.

McGuirk’s sentence also shows what can happen when a motorist drives drunk and kills a law enforcement officer. This case was tragic and can only serve as a reminder that drinking heavily and operating a motor vehicle are not compatible.

On August 21, 2008, McGuirk was admittedly drunk when he left the Big Shots Bar in Woodbidge and got into his car. According to court records, he had been drinking for four hours starting around 11pm. He said he had “five or six drinks” before leaving for home at about 3:30am. He had testified that he also had alcohol in his car.

The drunk driving defense lawyers from The Law Offices of Jonathan F. Marshall defend New Jersey Motorists against DWI, breath test refusal and drug DUI charges. The following police reports for communities in Mercer, Middlesex and Somerset counties reflect the types of cases my firm typically handles on a regular basis. A conviction for driving under the influence of alcohol can severely impact a person’s current job and future career prospects, not to mention his or her standing in the community, as well as personal and business relationships.

West Windsor

  • According to reports, a resident of Cranbury, NJ, attempted to evade police on foot following a traffic stop for speeding on Old Trenton Road. The 41-year-old was chased down and eventually apprehended with the help of East Windsor police. Charged with speeding, reckless driving, driving an uninsured motor vehicle, operating a vehicle on a suspended license and attempting to elude police, the suspect also allegedly was in possession of a hypodermic syringe and reportedly had an open container of alcohol in his car vehicle.
  • A Langhorn resident was stopped on suspicion of drunk driving at South Lane and Village Road East. Following the traffic stop, police found the driver to be 19 years of age and charged him with underage DWI
  • A 29-year-old from Dayton was charged with drunken driving following a traffic stop on northbound Route 1 at Quakerbridge Road. The man was stopped for speeding and observed to be intoxicated, according to police. He was also issued summonses for speeding and reckless driving.
  • During a routine traffic stop on Quakerbridge Road near Nassau Park Blvd, a 25-year-old Pennsauken resident was charged with possession drug paraphernalia, including a hypodermic needle and after a traffic stop.
  • Plainsboro

  • A Princeton man was charged with driving under the influence of alcohol after police responded to a single-vehicle crash in the early morning hours on Sayre Drive. Police arrived on scene around 2:30am and found a 56-year-old man asleep behind the wheel of his white 2001 Lexus, which was parked on a landscaped island after apparently striking a tree. According to reports, the man was determined to be highly intoxicated and was therefore charged with DWI, failure to submit to a chemical breath test, reckless driving, careless driving, improper parking and failure to wear a seat belt.
  • A 38-year-old man from Lambertville, New Jersey, was charged with DWI after a late-night traffic stop on southbound Route 1. The motorist was pulled over at about 10:30pm after he didn’t dim his high beams while passing a police officer, according to police. During the traffic stop, he was found to be intoxicated and was issued summonses for DWI, reckless driving, and failure to dim high beams.
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    Representing motorists charged with DWI, my staff of drunk driving defense lawyers cover much of the New Jersey area including Middlesex County. Recently, I noticed a news article that stated East Brunswick police would be working undercover in local liquor stores as part of a federally-funded effort to catch underage drinkers.

    If any of those youngsters gets in a car and drives under the influence of alcohol, the police can also charge them with underage DWI. When is comes to underage drunk driving, New Jersey has a zero-tolerance policy. While the legal limit for blood-alcohol content (BAC) in an adult driver is 0.08 percent, New Jersey statute N.J.S.A. 39:4-50.14 makes it illegal for an individual under 21 years of age to have any alcohol in their system while operating a motor vehicle.

    Although it is illegal for anyone under 21 to have any trace of alcohol in their system, the monetary penalties and suspension period for underage driving while intoxicated are less severe than for adults facing similar charges. An underage drinking and driving conviction in New Jersey can involve as little as 30 days license suspension, however the minimum suspension for an adult DWI is 90 days.

    If there is one thing I remind people arrested for DWI and other drunk driving violations, don’t make things worse by pulling another person in on your mistake. Of course, an adult is fully capable of deciding if he wants to ride with someone who is obviously intoxicated, but a child, well that’s a different story. As a New Jersey drunk driving lawyer, I and my staff of experienced DWI attorneys have represented clients charged with a wide range of offenses in addition to driving under the influence of alcohol, or prescription or illegal drug DUI.

    A recent news article is an example of the trouble that a driver can get into when not considering the safety of his or her passengers. Apparently a 22-year-old Plainfield man was arrested for driving while intoxicated after crashing his vehicle in the driveway of a Dunellen home late in the evening of August 3.

    According to police, Stanley Brown of 127 Prospect Avenue was arrested by borough police after he allegedly crashed a 1994 Nissan Maxima along the driveway as he was trying to leave the locale around 11 p.m. Officers were called to the scene by concerned neighbors, who told officers that the man had fled the vehicle and was in the backyard of the house.

    According to reports, the police found a five-year-old boy sitting on the back seat of the car, but not in a child-restraint seat. The child was identified as the son of Brown’s girlfriend. Officers then searched and found the man in the backyard, where they also detected the odor of alcohol on his breath.

    After having the man take a series of field sobriety tests, which he allegedly failed, police administered a breathalyzer test and found the man’s blood alcohol content (BAC) to be 0.19 percent — double the legal limit in New Jersey. Brown was then arrested and transported to the Middlesex County Adult Correction Center in North Brunswick.

    Police said that child’s condition was evaluated by the Dunellen First Aid Squad and was determined to be unhurt. The boy was returned to the custody of his mother, and Brown was also charged with child endangerment.
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    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.

    People drink for all sorts of reasons, many times because they are unhappy with life or feel that they are in a situation from which there is no escape. As a New Jersey drunk driving defense lawyer, I know that many people accused of DWI are not necessarily thinking clearly, and not just because of the physical affects of alcohol. A recent news article brought this home when I read that a woman from Middlesex County had tried to kill herself in Bridgewater Township.

    According to police reports, Kathleen Hoffman, a resident of South Plainfield, was sitting in her Chevrolet Corvette at a scenic overlook near Route 78 in the early afternoon last Tuesday. Apparently distraught, the 55-year-old then crashed her sports car though a wood barrier, through a metal fence and down a steep wooded embankment, causing the car to roll several times before coming to rest at the bottom.

    By the time rescuers arrived at the scene, she was trapped but still alive. Emergency workers had to cut her out of the vehicle, after which she was airlifted to nearby Morris Memorial Hospital where she was treated for moderate injuries. Thankfully, nobody else was injured in the incident, although it did tie up traffic on Route 78 for quite sometime.

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