Morris County DWI Defense

April 30, 2010

New Jersey Port Authority Cop Suspended following Morris County Drunk Driving Arrest

Regardless of jurisdiction, every police office must obey the letter of the law that they themselves are sworn to uphold. No ifs, ands or buts. As a former New Jersey municipal prosecutor, I have every respect for our men and women in uniform, but as a DWI defense attorney I am troubled by reports of police officers or other law enforcement professionals who break the law themselves.

All I can say is: When will these individuals realize that they need to be doing it better and cleaner than anyone else? As citizens, we all expect our public servants to provide good examples to us and our children. Recently, a news article once again reveals how even the best cops can risk losing it all for one too many drinks.

According to reports, a Port Authority police inspector has been suspended following her arrest in Morris County for drinking and driving. Captain Susan Durett, the highest-ranking female officer at the Port Authority Police Department was arrested around 10pm on a Friday night last month when another motorist called police to report a possibly intoxicated driver on Shunpike Road.

April 24, 2010

New Jersey Drunk Driving Defense News: Morris County Man Arrested for DWI; Resisting Arrest

by Jonathan F. Marshall

The outcome of charges arising from a drunken driving arrest, like many offenses tried in court, can be influenced by numerous factors. These can include the police officer’s initial evidence of intoxication, the breathalyzer or blood test results, circumstances surrounding the arrest and whether or not law enforcement personnel followed proper procedures when gathering or handling any evidence related to the DWI case.

When it comes to circumstances, it’s critical to remember that how a motorist conducts himself can influence how the police react and how the court views the defendant in the courtroom. For many people, being drunk or even slightly tipsy can bring out hidden personality traits, so there is no telling sometimes how a motorist will act when pulled over for allegedly driving under the influence of alcohol, prescription drugs or marijuana, cocaine or other dangerous controlled substance (CDS).

While there is no guarantee that acting the part of a model citizen during a DWI or drug DUI traffic stop will gain you any points for style if and when your case goes to trial, it can’t hurt either. Sometimes, accepting your circumstances is the best path, especially when dealing with a law enforcement officer.

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 14, 2010

NJ Drug DUI News: Morris County Police Arrest Driver on Possible Marijuana, Cocaine CDS DUI Charges

by Jonathan F. Marshall

As a New Jersey drunk driving defense attorney, I understand how alcohol — beer, wine, hard liquor and other adult beverages — remains the so-called legal drug of choice for most people. Other illicit drugs such as marijuana, cocaine, meth and illegally procured prescription medications are the other side of the coin.

Regardless of the type, society, the courts and the police have made it clear than any substance that impairs motor skills when driving is deemed a threat to the public’s safety. That is why we have DWI laws and drug DUI statutes as well. Being stopped by the cops for driving while intoxicated, whether due to home-brewed ale or home-grown weed will likely get you arrested.

Having a qualified drunk driving attorney at your side is one of the better strategies in cases such as this. A recent news story coming out of Mount Olive, NJ, illustrates the kind of arrest that happens many times over during the year. According to reports, an out-of-state motorist was pulled over for a routine traffic violation — a broken windshield and an obscured license plate.

April 8, 2010

New Jersey DWI News: Morris County Teen Driver Eats Marijuana Stash to Avoid Possession Charges

by Jonathan F. Marshall

If the police find weed, cannabis, or marijuana in a motorist’s vehicle they will most likely issue a summons for possession in a motor vehicle. While young drivers may not think anything of this, believe me when I tell you it is a serious offense; one for which you would do well to have a qualified DWI and drug DUI defense attorney by your side.

You may ask, why? First off, New Jersey law prohibits anyone from driving a car, SUV or truck while at the same time knowingly being in possession of marijuana. The key word here is knowingly, but that is another topic for another day. Suffice it to say, this law is directed at operators solely and cannot be applied to other occupants of the vehicle.

As New Jersey drunk driving defense lawyer, I have represented people accused of marijuana possession in a vehicle, as well as driving under the influence of a controlled substance and simple DWI. The penalty for marijuana possession in a vehicle includes a mandatory two-year license suspension.

March 31, 2010

Morristown Judge Sentences Oak Ridge Man to Three Years in Prison for DWI Injury Accident

by Jonathan F. Marshall

A resident of Oak Ridge, NJ, was recently given three years in jail for a May, 2009, drunk driving accident that left a 71-year-old newspaper delivery man with multiple injuries. As a New Jersey DWI defense attorney, my firm handles drunken driving cases through the Garden State. I know from experience that severe injury accidents involving alcohol can land a motorist in prison very easily.

In this particular case, the defendant was found guilty of operating a motor vehicle while intoxicated. Furthermore, the man had apparently tried to elude Jefferson Township police while driving drunk a second time months after the accident, something that never improves one’s chances in court. As a former municipal prosecutor, I understand the strategies used by prosecuting attorneys when it comes to DWI offenders.

According to news reports, Superior Court Judge David Ironson sentenced 23-year-old Ibrahim Hasan to three years in prison for having deprived the victim, Oak Ridge resident Jerry Begley, of what should have been his golden years.

March 22, 2010

Drunk Driving Defense News: New Jersey Man Faces 60 Years in Prison for Fatal DWI Accident

by Jonathan F. Marshall

A Morris County jury recently convicted a Dover, NJ, resident in connection with the April 2006 deaths of two teenage girls. As a result of the guilty verdict for aggravated manslaughter, the defendant Eugene Baum, Jr. could be looking at a maximum of 60 years in prison for the fatal drunk driving-related accident.

As a New Jersey DWI defense attorney, my law firm handles cases not unlike this one on a regular basis. Because of the facts in the case, it’s not surprising that the prosecutors would be seeking the maximum sentence of 60 years in jail for the defendant. According to news reports, the accident occurred in Kinnelon, NJ, on April 20, 2006, when Baum ran over the two cousins while operating his vehicle in an apparent drunken stupor.

News articles stated that the jury deliberated for three hours before declaring the 48-year-old Dover resident guilty of two counts each of aggravated manslaughter and death-by-auto. Following the guilty verdict, the Morris County Prosecutor said his office would seek a 60-year sentence — 30 years apiece for the aggravated manslaughters. The accident took the lives of 16-year-old Athear Jafar and 15-year-old Mayada Jafar.

March 20, 2010

NJ DWI Defense News: Union County Driver Arrested by Roxbury Police in Apparent Drug DUI Accident

by Jonathan F. Marshall

A Union County resident was recently arrested for driving under the influence of alcohol and possession of illegal drugs following a Denville, NJ, traffic stop. According to reports the driver apparently left the scene after being stopped by Denville police. He then proceeded toward Roxbury where local police say the man crashed his vehicle trying to avoid capture.

Being a drunk driving defense attorney practicing in Morris, Union and other counties throughout New Jersey, I know that any attempt to evade or lead police on a chase will only make things worse once they catch up with the suspect. Indeed, it is a rare drunk driver who can out-think or out-drive any of the Garden State’s law enforcement professionals. Better to accept your situation rather than make things worse than they already are.

In this particular case, the driver ended up crashing his GMC Envoy in the municipality of Roxbury and he still was arrested for DWI and drug possession. According to news articles, the incident started with Denville authorities attempted to pull over 36-year-old Manuel Mosquera around 3pm on February 12. The man apparently tried to evade the Denville officers before they could get him to stop his vehicle.

March 18, 2010

Morris County, New Jersey, DWI News: Parsippany Woman Leaves Scene of DWI Accident

by Jonathan F. Marshall

Leaving the scene of an accident is one of the many mistakes that motorists can make following an automobile wreck. As a New Jersey drunk driving defense attorney and former municipal prosecutor, I understand how certain facts can influence the decision of a drunk driving court judge. While one’s first reaction to something as traumatic as a car collision is to avoid the scrutiny of a responding police officer, the ramifications of leaving the scene of an accident can be quite severe.

Especially where alcohol is involved, police agencies and the courts have become very critical of motorists who flaunt the law to their own advantage. Recently, a Parsippany resident who was later accused of a drunk driving-related car accident allegedly fled the scene; turning a bad situation into an even worse one.

According to news reports, 48-year-old Elizabeth Stockinger was arrested around 1pm on January 29 after she apparently drove her 1993 Mercury Sable into a second vehicle on East Halsey Road. Immediately following the collision, the woman reportedly drove away in the direction of Pomeroy Road. Based on police reports, Stockinger crossed the double yellow traffic line prior to the accident while trying to make a left-hand turn.

January 21, 2010

Dover, NJ, Man Faces DWI Manslaughter Charges for Drunk Driving Deaths of Two Morris County Teens

by Jonathan F. Marshall

Being charged with drunk driving in New Jersey is bad enough without having caused an accident as a result of being intoxicated. Killing another individual while under the influence of alcohol is another thing entirely. Police all across the state of New Jersey are always on the lookout for drivers operating motor vehicles while impaired due to beer, liquor or prescription drugs.

As a New Jersey DWI defense lawyer, I have defended many clients who have been charged with drunk driving. Some of those people were involved in accidents that injured or killed vehicle occupants or pedestrians. A recent news article shows how mixing alcohol with prescription drugs can result in terrible consequences. There are very few things worse than being arrested for a fatal drunk driving accident.

According to reports, Jury selection began Tuesday in Morristown regarding the drunk driving trial of 48-year-old Eugene Baum Jr. The man is charged with being drunk behind the wheel and causing the deaths of two teenagers back in 2006 when his car hit and killed the young girls on a Morris County roadside.

Police reports indicate that on April 20, 2006, Baum was driving a rented Kia Optima along Kinnelon Road in Kinnelon, NJ, when the vehicle veered off the roadway and onto the shoulder where the two girls were walking. Police records show that the defendant’s blood-alcohol content (BAC) was 0.305 percent when the accident happened. Based on news reports, Baum’s vehicle struck 15-year-old Mayada Jafar and 16-year-old Athear Jafar. The two cousins were reportedly walking to a nearby movie theater around 8pm when they were thrown off the shoulder by the impact.

Police have said that although Baum was severely intoxicated, he still decided to drive from his home in Dover to his mother’s house in Kinnelon. During the police interview, he allegedly said that he thought he had struck a deer. He also later acknowledged that he should not have mixed Librium and vodka.

A mental health expert hired by the state has stated that Baum was “a functioning alcohol” at the time of the accident and that he could apparently tolerate high levels of alcohol in his bloodstream. In Baum’s defense, an expert has suggested that Baum became an “automaton” when he drank and the combination of vodka and Librium in his body had an unexpectedly severe reaction that led to the crash.
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