Morris County DWI Defense

December 12, 2010

Intoxicated Drivers Warned about New Jersey’s Plans for Holiday DWI Crackdown

In-state and out-of-state drunken drivers take note, the State of New Jersey will have an increased police presence on public roads throughout the Garden State as the holidays approach. According to news articles, local and state law enforcement departments in Bergen, Passaic and Ocean County, as well as the rest of the state, will be on the lookout for drivers operating their vehicles while intoxicated.

As New Jersey drunk driving defense attorneys, I and my legal staff represent individuals accused of DWI, prescription drug DUI and breath test refusal on a daily basis. We even council drivers charged with cocaine, and other controlled dangerous substance (CDS) possession. This latest enforcement program, aptly named “Over the Limit, Under Arrest,” will bring additional officers to bear on the motoring public during the upcoming holidays.

Aiming to reduce the amount of drunk drivers on the road, the campaign calls for saturation patrols and sobriety checkpoints (also known as DWI roadblocks) from December 13 through January 2, 2011, according to officials at New Jersey’s Division of Highway Traffic Safety. The program reportedly will provide federal grant money of up to $5,000 to each of 115 police departments.

November 15, 2010

Madison, NJ, DWI and Drug DUI News: Drug Possession, Under-age Alcohol Possession and Drunk Driving

by Jonathan F. Marshall

As Morris County drunk driving defense attorneys, my office represents motorists charged with DWI and drug DUI offenses. Incidents of driving under the influence of either alcohol or drugs, whether prescription or illegal substances such as marijuana, occur with relative frequency all across New Jersey.

Examples of arrests for driving while intoxicated can be found in the news almost every day. The following reports are just a sampling of the kinds of DWI and DUI traffic stops that happen on the roads throughout the Garden State. Regardless of the circumstances, it is always important to contact an experienced DWI defense lawyer to understand your options.

Early in the morning on a Thursday a 21-year-old driver was stopped by police for a motor vehicle violation. The incident quickly developed into a case of possession of drug paraphernalia. According to reports, the Bayonne, NJ, man was stopped for speeding. During the traffic stop the officer in charge determined that the motorist had some drug paraphernalia in the car. The man was taken to police headquarters for processing. He was subsequently released with a summons for speeding and a pending court date.

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.

September 5, 2010

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

by Jonathan F. Marshall

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 27, 2010

New Jersey DWI Alert: Drunk Driving Enforcement Increases around NJ for Labor Day Holiday

by Jonathan F. Marshall

With the coming holiday weekend police agencies around the Garden State will be on a heightened alert for partiers and other people driving while intoxicated between picnics and family gatherings. Regardless of the bad economy, drunken driving arrests and summonses are certain to increase in the next couple weeks.

As a New Jersey DWI defense attorney and drunk driver lawyer, my job is to help motorists who have been arrested by state police, municipal patrolmen and other law enforcement personnel for DWI and drug DUI traffic offenses. Many of these arrests occur at so-called sobriety checkpoints, which are frequently set up throughout the New Jersey area.

As part of the upcoming drunk driving enforcement campaign, known as “Over the Limit, Under Arrest,” police units have taken to the streets in an effort to cut the instances of driving while under the influence of alcohol or prescription drugs.

August 12, 2010

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

by Jonathan F. Marshall

East Hanover, New JerseyA 35-year-old Elmwood Park woman was issued a summons for drunk driving as well as leaving the scene of an traffic accident after she reportedly hit another vehicle along Rt. 10 near the Algonquin Pkwy early last month. A Hanover police officer as well as several other patrolmen from East Hanover were called to the scene of the accident where the driver was arrested on the spot and taken to headquarters for a breathalyzer test. According to news reports, the woman refused to take a blood-alcohol content (BAC) test at the police department, after which she was issued additional summonses for refusal to submit to a breath test, careless driving, reckless

driving and failure to report a motor vehicle accident.

A Brooklyn, NJ, woman was arrested on charges of marijuana possession in a vehicle early on a Sunday morning. The patrolman at the scene saw the driver apparently smoking pot in a parked vehicle at Summerfield Suites. While undergoing processing at the headquarters, officers were alerted to the fact that the driver was also wanted on a $350 Alpine warrant for failing to appear on a previous motor vehicle charge. The driver posted bail after being charged with possession of marijuana and a motor vehicle summons for possessing a drug in a motor vehicle.

May 28, 2010

Morris County Police Arrest New Jersey Driver after DWI Crash into Chatham Waterway

by Jonathan F. Marshall

Following a potentially deadly early-morning single-vehicle accident in Chatham Township, a Morristown man was arrested and charged with drunken driving. This kind of accident and subsequent DWI arrest is not uncommon, though in this case the man was perhaps lucky that he made it out alive. As a New Jersey drunk driving defense attorney, my main concern is to see that motorists get a fair shake in court.

The apparent drunk driving incident in question occurred around 1:30am in mid April, according to news accounts. Police had responded to a report of an overturned vehicle laying in the brook on Loantka Way in Chatham. Based on police investigation following the accident, the 37-year-old driver allegedly hit a utility pole with his car and then rolled into the nearby brook.

Shawn Beckler of Morristown had reportedly been traveling along Loantaka Way from Shunpike Road toward Spring Valley Road when he apparently failed to negotiate a curve in the roadway. Traveling straight, Beckler’s vehicle struck a utility pole before hitting a fence and a stand of trees, then overturning and ending on its hood in the brook.

May 22, 2010

NJ Appellate Court Upholds DWI Conviction against Woman Who Claimed Police Had Insufficient Cause

by Jonathan F. Marshall

An important part of a DWI arrest and conviction is proper police procedure. Before a law enforcement officer can stop a vehicle and its driver for drunk driving, there must be sufficient cause for the traffic stop to legally occur in the first place. This is why many drunken driving arrests happen following a seemingly routine traffic stop, such as an improper lane change, running a stop sign, or speeding.

As a New Jersey DWI defense lawyer and former municipal prosecutor, I understand the circumstances that can lead to an arrest for driving under the influence of alcohol or prescription drugs (also known as drug DWI or drug DUI). Because the police need to show sufficient cause for a traffic stop, this is an important element in any DWI prosecution or drunk driving defense.

A recent appellate court decision upheld a lower court ruling against a woman who was accused of driving while intoxicated in Florham Park, NJ, back in the summer of 2007. According to court records, Marylou Panza had appealed her drunken driving conviction andrefusing a mandatory chemical test on the grounds that she had been stopped without reasonable suspicion of wrongdoing.

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.

May 4, 2010

New Jersey Driver Gets $25,000 from Mount Olive after 911 Complaint regarding Non-DWI Checkpoint

by Jonathan F. Marshall

I would never suggest the kind of approach that one New Jersey resident used to complain about a police checkpoint that delayed him from visiting an ailing relative back in 2002. As a New Jersey drunk driving defense lawyer, my aim is to assist individuals in fighting DWI and drug DUI traffic citations. I will not argue that the sobriety checkpoints used frequently throughout the New Jersey area can slow down traffic and cause delays for numerous motorists.

The issue in this recently resolved case revolved around a non-drunk driving checkpoint that was set up in Mount Olive Township on August 4, 2002. For reference, DWI checkpoints, also known as drunk driving or DUI roadblocks are set up by local police departments to catch drivers operating their vehicles under the influence of alcohol.

According to a news report, William P. Duncan, Jr. was awarded $25,000 as a settlement for a suit he was pursuing against Mount Olive Township over the incident nearly eight years earlier. Based on reports, Duncan placed a 911 call to complain about a delay he suffered when trying to visit a local hospital to see a relative being treated there.

That non-emergency 911 call apparently prompted a police officer and township officials to press charges against the motorist. Court records show that Duncan spent two days in jail back in March 2004 due to the original incident. According to Mount Olive mayor, David M. Scapicchio, the recent settlement was reached because the township’s insurance carrier recommended it was the best alternative.

News reports show that Duncan was driving to a hospital on August 4, 2002, to visit an aunt who had been taken there after falling down a set of concrete steps and breaking her hip. Traveling on Route 46, Duncan was stopped at a police roadblock by officers looking through car windows to search for contraband. Duncan became frustrated by the delay so he called 911 and used offensive language and asked the operator if they “lived in a Nazi state.”
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