Monmouth County DWI Defense

March 28, 2010

New Jersey DWI Police Blotter: Drunk Driving and Drug DUI Arrests in Monmouth County

Defending motorists charged with driving under the influence of alcohol is a common sight in New Jersey municipal courts. Whether a person is arrested in Monmouth, Bergen, Ocean or any number of other counties throughout the Garden State, the routine is always the same: Contact a qualified and experienced DWI defense lawyer.

Being a New Jersey drunk driving defense attorney, I have handled dozens of driving while intoxicated court cases, as well as drug DUI and breath test refusal. Regardless of where you live, being arrested for DWI or for operating a motor vehicle under the influence of illicit or prescription drugs is a serious offense not to be taken lightly. The following arrest reports illustrate the kinds of cases we typically see.

Red Bank
Five individuals were arrested over the course of 10 days for driving under the influence of alcoholic beverages. The suspects ranged in age from 21 to 60 years old. Three of the arrestees were residents of Red Bank, NJ, while the other two were from other communities; a 21-year-old man from Eatontown and 51-year-old gentleman from Rumson, New Jersey.

Asbury Park
A 41-year-old woman from Freehold was pulled over by police on Main Street for a routine traffic violation. During the traffic stop, the officer in charge apparently detected some illegal drug paraphernalia in the vehicle. Upon further inspection, the patrolman found crack cocaine on the suspect’s person. The driver was arrested and charged with possession of crack cocaine, possession of drug paraphernalia and motor vehicle violations.

Howell
A 32-year-old Lavallette man was pulled over on Strickland Road by police officers for what apparently was a routine traffic violation. During the stop, the police detected the scent of marijuana and found the driver in possession of less than 50 grams of the illegal herb. Police arrested the man and charged him with operating a motor vehicle in possession of a controlled dangerous substance (CDS).
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February 15, 2010

New Jersey DWI Police Blotter: Essex and Monmouth County Drunk Driving Arrests

by Jonathan F. Marshall

As a representing New Jersey motorists charged with driving under the influence of alcohol, I have handled hundreds of cases involving individuals who drove drunk and had an accident while intoxicated. The state of New Jersey provides stiff fines and jail time for many motorists who operate a vehicle while impaired by beer, wine or hard liquor.

Driving under the influence of prescription drugs (drug DUI) will also cause a driver trouble if pulled over by a state, county or municipal law enforcement officer. Regardless of the circumstances, for a traffic stop to be valid it must be supported by the police officer’s reasonable suspicion that a motor vehicle violation has occurred. Under State v. Carpentieri, the New Jersey Supreme Court held that law enforcement officers must have an articulable and reasonable suspicion that a violation of traffic law has happened.

Once an individual is stopped the police must have probable cause to believe the driver is intoxicated before they can make an arrest and conduct a breathalyzer test – usually using an Alcotest measuring device. Remember that there is no right to advice from counsel at this early stage in the DWI process.

January 12, 2010

NJ Drunk Driving Defense Update: Financial Impact of a DWI Conviction in New Jersey

by Jonathan F. Marshall

Driving while intoxicated, DWI or driving under the influence, whatever term you use it all adds up to lost driving privileges and extensive fines, not to mention possible job loss and being disgraced in the eyes of your family or local community. Here in New Jersey, being convicted of a drunk driving charge can result in a range of possible actions by the court to punish the convicted drunk driver.

As a New Jersey drunk driving defense attorney my firm represents hundreds of individuals every year in cases of driving under the influence of alcohol. A number of these cases involve human as well as social costs. Even under the best of circumstances, the financial cost of a DWI conviction can result in expensive court fines as well as higher insurance rates for years to come.

The stigma alone of a alcohol-related DWI or drug DUI conviction can affect a person’s standing in the community, possible loss of a job, or potential damage to relationships with family and friends.

December 29, 2009

New Jersey DWI Police Blotter: Monmouth County Drunk Driving Arrests and Summonses

by Jonathan F. Marshall

More than a half million people live in Monmouth County, NJ. At 1,300 people per square mile, the number of DWI arrests can be staggering. Police pull over dozens of drunk drivers every week, many of which are convicted of driving while intoxicated, then fined and even sentenced to some jail time. As a New Jersey DWI defense attorney, my law firm has broad experience defending individuals accused of driving under the influence of alcohol, as well as those motorists charged with drug DUI.

Local police departments as well as state law enforcement agencies throughout the Garden State have demonstrated a rather low tolerance for motorists who are caught driving while intoxicated. The following police blotter listing is just a sampling of the various types of DWI and drug DUI arrests that my office handles throughout the year.

Tinton Falls

December 13, 2009

Fair Haven, NJ, Fire Chief Wrecked Department Vehicle in Alleged Drunk Driving Accident

by Jonathan F. Marshall

I’ve said it before, but perhaps it bears repeating: A drunk driving conviction can ruin your life, not only because of the social stigma, but also from the standpoint of getting a job, or keeping the one you currently have. As a New Jersey DWI defense attorney, I have spent many years on both sides of the aisle, first as a municipal drunk driving prosecutor and now as an advocate for those accused of driving while intoxicated.

While most people may feel that they won’t be caught while driving under the influence, it often happens that they themselves make things worse simply by getting behind the wheel in the first place. This apparently was the case for a local fire department official in Fair Haven, New Jersey.

According to news reports, the now former Fair Haven Fire Chief, Shaun Foley, drove his department vehicle into a telephone pole back on November 22 in Rumson, NJ. Following that crash another motorist crashed into the telephone pole and wires downed by Foley, who has been charged drunken driving.

Police say that that Foley attempted to flee the scene in his heavily damaged fire department SUV, which broke down about a block away from the crash right in front of Rumson’s Borough Hall.

According to news reports, the 27-year-old Foley, who has also worked as a Rumson police dispatcher and part-time policeman, then left his vehicle and traveled on foot to the Oceanic Bridge, a mile away, where he jumped into the Navesink River. This prompted a massive rescue effort involving helicopters and boats.

By taking down that utility pole, Foley reportedly knocked out electrical power to streetlights in the area. That, in turn, caused an Ocean Township man, Robert Walsh, to smash his car into the same downed utility pole. The report says Walsh told police he didn’t see the wreckage. The man was uninjured.

The initial crash was called in by a passing motorist. Calling in almost simultaneously was off-duty police Sergeant Peter Koenig, who lives nearby; he heard the crash, followed by the revving sound of an engine, the article reports. Koenig’s written account indicates that Foley’s vehicle wasn’t at the scene of the crash when he arrived. By then, the other motorist had already hit the downed pole.

Fleeing north on foot, Foley was spotted on the northern side of the Oceanic Bridge by Little Silver police officer Gregory Oliva, but he apparently ignored Oliva’s request that he get into the officer’s car. Instead, Foley jumped over the bridge’s western flank into the river.
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December 8, 2009

NJ DWI News: Drunk Driving Patrols Increased Across New Jersey through New Years

by Jonathan F. Marshall

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.

November 28, 2009

Monmouth County Conducts DWI Roadblock in Middletown NJ

by Jonathan F. Marshall

Captain Palmer has begun his holiday schedule for the Monmouth County DWI Task Force. The latest site for a sobriety checkpoint is Route 35 in Middletown. We have seen this location used many times in the past and it has obviously been a location of significant drunk driving arrests on prior occasions. The roadblock shall be conducted between 11 p.m. and 3 a.m. this evening and shall be located on southbound State Highway 35.

A location like this one in Middletown is not selected randomly. The police must present statistical data that demonstrates that the site of a roadblock is a particularly problematic location for drinking and driving. This is certainly one of many defenses which our DWI attorneys explore in roadblock cases.

October 25, 2009

Suspect Arrested for Drunk Driving, Marijuana Possession following Chase by Red Bank Police

by Jonathan F. Marshall

The east side of Red Bank, NJ, was the site of a police chase following an initially unsuccessful DWI traffic stop. According to reports, Captain Darren McConnell of the Red Bank traffic safety unit identified a Chevy pickup moving erratically around 2am on Saturday, September 26, just prior to running a stop sign at Wallace and McLaren streets.

As a New Jersey DWI defense attorney having defended numerous motorists charged with driving under the influence of alcohol, this is a typical scenario for an early morning drunk driving arrest. However, fleeing a police officer only complicates matters for a defendant accused of driving under the influence. In this day and age, there is no sense to making matters worse by adding resisting arrest to the list of charges.

In this case, Captain McConnell attempted to pull over Jesse Rowe, 21, who was driving his vehicle in an allegedly erratic manner. As McConnell started to pull Rowe’s truck over the suspect accelerated away in an apparent attempt to evade arrest. Pursuing Rowe eastbound on McLaren Street, then north on William Street and east again on Mechanic, the entire chase was less than a half mile, according to police reports.

October 10, 2009

Sentence Stands in Monmouth County DWI Fatality Case

by Jonathan F. Marshall

I colleague was able to achieve an excellent result in a DWI case recently. In this regard, the defendant had a blood alcohol content of .115 while striking a pedestrian. The rub is that the pedestrian was also intoxicated, possessing a BAC of .26. The allegations were that the deceased walked into oncoming traffic with little to no warning. A grand jury refused to indict the defendant on a felony offense of death by auto so the case was remanded to municipal court. The defendant was found guilty of DWI and was sentenced to thirty (30) days in jail. The Asbury Park Press reported this weekend that the defendant’s appeal of the sentence was denied.

Following the initial ruling in this matter, I received several offensive comments on my blog, as well as emails of similar attack. I assume that the related individuals felt we were a good target to voice displeasure given our prominence as NJ DWI Lawyers. While it might be hard for the complaining individuals to accept, causation is a requirement in order to hold an individual criminally accountable for death by auto. An indictment was not returned in this case because a Grand Jury panel of citizens heard the evidence and simply found that, although the defendant was intoxicated, he was not the cause of the fatality. The driver was therefore not indicted. Notwithstanding, the defendant is going to jail for thirty (30) days.

I certainly understand a level of frustration on the part of some given the fact that the defendant was intoxicated, however, the law cuts both ways. The defendant here was not guilty of assault by auto and therefore the most that could be imposed in terms of jail was significantly limited. The municipal court judge found that thirty days was appropriate. The situation could have gone much different but the facts simply did not support such a result.

October 9, 2009

NJ Drunk Driving News: “Put the Brakes on Fatalities Day” Could Heighten DWI Enforcement

by Jonathan F. Marshall

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.