Articles Posted in Non-resident DWI Arrests

Being stopped by a police officer for a routine traffic offense can lead to other, more serious charges. As a New Jersey DWI defense attorney, my goal is to assist motorists accused of driving under the influence of alcohol, prescription drug DUI, or other drunken driving charges. What this means to the average driver is that a simple broken taillight can turn into a DWI summons depending on whether or not that individual has a certain amount of alcohol in his or her bloodstream.

As drunk driving defense lawyers in Bergen, Ocean, Middlesex and other counties across the Garden State, my firm sees all manner of DWI arrest scenarios throughout the year. To complicate matters, a driver who actively takes the wheel in an intoxicated state may be risking other charges and legal actions. Case in point, an allegedly illegal immigrant who was stopped a while back by patrolmen in Teaneck, NJ, for driving while intoxicated.

According to news reports, police were alerted to a car being driving in a reportedly erratic fashion along Queen Anne Road in the early evening hours on a Sunday. Based on police reports, patrolmen pulled the woman over after they observed her car apparently crossing the double center line of the road.

Howell
A 25-year-old Point Pleasant resident was pulled over on Route 9 by police for an unknown traffic violation. In the course of the traffic stop, officers noticed evidence of marijuana either on the woman’s person or in the vehicle. The driver was charged with possession of less than 50 grams of marijuana, as well as having drug paraphernalia. She was also charged with operating a motor vehicle in possession of a controlled dangerous substance (CDS).

Tinton Falls
Two 19-year-olds from Ocean Township were arrested by police following a chain of events that included a single-car motor vehicle accident on Route 18 in Tinton Falls. According to police reports, one of the teens was driving a car that struck a guardrail. The other teen apparently took the wheel and drove the damaged vehicle away from the scene of the crash, however it broke down on Shafto Road near West Park Ave. The boys called 911 to report the disabled car. When police arrived, officers found a small amount of marijuana in the vehicle. It was determined it belonged to the young man who initially crashed the car. Both teens were arrested and charged with drunken driving. They were processed and released pending a court date.

A 19-year-old woman Ocean County woman was pulled by patrolmen over for what was likely a routine traffic violation. During the police stop officers apparently observed evidence of marijuana on the suspect’s person. She was arrested and charged with possession of marijuana in a motor vehicle. Officers processed the woman and subsequently released her pending a court date.

A 21-year-old Freehold man and a 35-year-old Red Bank woman were arrested in separate locations on the same day, both for driving under the influence of alcohol. The man was pulled over by police for an apparent routine traffic stop on Route 33, while the female driver was stopped along Sycamore Avenue in Tinton Falls. The woman was processed and released pending her day in court.

Wall
In less than a two-week period, nearly a dozen drivers were stopped for various traffic offenses that then ended up with drunken driving arrests. According to news reports, a 21-year-old man from New Egypt was pulled over on Route 138 for DWI; a 49-year-old Long Branch man was stopped and charged with DWI; an 18-year-old Asbury Park youth was stopped along Route 35 and charged with driving under the influence of alcohol.

A 19-year-old out-of-state man was stopped along Belmar Boulevard and arrested for DWI; A 21-year-old Cranbury resident was stopped along Woodfield Avenue by police before being charged with possession of a prescription drug without a prescription; A 48-year-old Freehold man stopped along Route 35 for allegedly driving drunk.
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Here in New Jersey, drunk driving arrests happen on a daily basis. Many times these incidents begin with a routine traffic stop for a sometimes minor traffic violation but soon turn into a full-blown DWI situation. Instances of motor vehicle accidents can also lead to a driver being slapped with a summons for driving under the influence of alcohol.

As a New Jersey drunk driving defense lawyer, my firm represents individuals who have been accused by state or local police of driving while intoxicated. A look at the local news shows a sampling of DWI arrests in the Bergen County area, which illustrate the typical kinds of traffic stops that lead to possible drunk driving charges and convictions.

One such stop occurred on a Monday evening when a concerned motorist called police on her cell phone to reports a possible drunken driver ahead of her on West Paterson Avenue in East Rutherford, NJ. Police responding to the call came upon a vehicle at the intersection of Paterson and Main. A 43-year-old man was in the vehicle seated in what police described as “a fully reclined position” and apparently asleep.

Waking up the out-of-state driver to request the man’s paperwork, officers reported that they detected the smell of alcohol on the driver’s breath. Suspecting that he was intoxicated, police had the man perform a number of field sobriety tests, which he reportedly failed. At that point, the officers arrested the man and charged him with DWI.

On another occasion, a patrolman going eastbound on Route 3 watched as another car passed him in the center lane and then reportedly swerved between the lane demarcations. The officer noted that the suspect vehicle nearly struck another motor vehicle at that time. Driving another 500 yards, the vehicle was observed pulling over in the right lane. The officer then called to the man via his patrol car’s PA system and told him to move his car.

Pulling the driver over into a nearby gas station, the officer asked the driver to exit the vehicle and perform several field sobriety tests. Failing those tests, the 45-year-old Rutherford resident arrested and charged with driving under the influence of alcohol. Consequently, he was also charged with driving on a suspended license, careless driving, failure to maintain his lane and obstructing passage of other motor vehicles.
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According to news reports, a New Jersey man was found not guilty of homicide while driving drunk on an all-terrain vehicle. The original charges came from a DWI-related ATV accident back in 2009, which allegedly resulted in the death of another individual in Manchester Township.

Based on court records, 22-year-old Mark Renehan was declared not guilty in connection with the drunk driving-related death of his best friend, Jonathon Byram, on July 5, 2009. The charges at that time included homicide by vehicle while driving under the influence, drunk driving, involuntary manslaughter and reckless endangerment.

The young man’s attorney stated that because of the nature of the case, the prosecution should have done a more thorough examination of the circumstances before bringing the case to trial. As it ended up, the lawyer for Renehan said that the acquittal was a “just outcome.” The attorney went on to say that the jury came to the correct conclusion, especially considering that the defendant “lost his best friend” in the accident, making it a difficult trial for both his family and that of the victim’s.

As a New Jersey DWI defense attorney, my law offices have a vast amount of experience handling a wide variety of drunken driving, marijuana possession in a vehicle, and drug DUI cases throughout the Garden State. The following is just a sample of the typical police arrests in the Bergen County area that happen every month. These can include driving under the influence of alcohol or controlled dangerous substances (CDS), breath test refusal and possession of cannabis (or weed) in a motor vehicle.

East Rutherford

A 41-year-old man was stopped by police after being caught on radar doing 82mph in a 55mph speed zone. The incident occurred just after 10pm when ERPD officers saw a 2000 Hyundai traveling at a high rate of speed. Following the traffic stop, the driver apparently told officers that he had several drinks previous to taking the wheel. Police reportedly administered field sobriety tests, which the suspect failed, according to police reports. A breath test indicated that the man’s blood-alcohol content (BAC) was 0.17 percent — twice the legal limit. The driver was arrested and charged with drunk driving, careless driving and speeding. He was subsequently released to a responsible party.

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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When it comes to driving under the influence of alcohol on New Jersey’s public roads, “tolerance” is by no means a word found in the vocabulary of the state’s law enforcement community. Similarly the state has no patience for drinking and piloting a boat along the Garden State’s coastline, its lakes or rivers and estuaries. DWI on the high seas, so to speak is just as serious an offense as here on land.

What’s surprising is that boat owners don’t always consider that the same standards which govern drinking and driving on public roads also apply to the operation of watercraft. Boaters must observe the same drunken driving laws as car, motorcycle and truck owners. Because of this, individuals who violate the DWI laws while boating are also subject to arrest for driving while intoxicated. And also included with this are those related offenses, such as prescription drug DUI and breath test refusal when the operator of a boat has a blood-alcohol concentration (BAC) in excess of 0.08 percent.

New Jersey’s statutes governing operation of a boat while under the influence of alcohol or drugs are nearly identical to those that pertain to DWI with a motor vehicle. The penalties are also closely related. The implied consent laws that oblige a licensed driver to submit to a breath or blood test following a drunk driving stop also applies to the operator of a watercraft in New Jersey.

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.

Accidents happen, that’s a fact of life. But fatal automobile accidents involving alcohol or drugs is another matter altogether. Last weekend, a 37-year-old man allegedly driving drunk hit a New Jersey family traveling on State Highway Route 9 near the intersection of Bennett’s Crossing in Cape May County, killing a husband and father of three.

As a New Jersey DWI defense attorney, I have represented individuals caught up in similar accidents. Fatal auto accidents involving drug or alcohol intoxication receive very close scrutiny by law enforcement authorities. Having a qualified drunk driving defense lawyer working for you is essential in cases like this one. The facts of this particular case are difficult to dispute.

According to police reports, around 8:30 in the evening of September 5, John J. Lawless from Philadelphia was driving in the northbound lane of Route 9 approaching Bennett’s Crossing in Lower Township, NJ. News accounts said that his car apparently failed to follow the slight curve in the road. Entering the southbound lane, Lawless struck, almost head-on, an oncoming vehicle driven by 50-year-old Fredrick H. Shelton.

Being accused of drunk driving in New Jersey is a serious matter. Being charged with DWI as an out-of-state driver only complicates an already difficult situation. As New Jersey drunk driving defense attorneys, my firm is well versed in handling DWI cases for non-residents of the Garden State. A recent news article gives an example of how bad the situation can get for an out-of-state motorist arrested for driving while intoxicated. Fortunately there were no serious injuries or fatalities, which could have made things much worse.

According to police, a 22-year-old man was allegedly driving under the influence of alcohol when he hit two parked cars in Avalon, NJ. Police say that the Michael G. Leonard, a Pennsylvania resident, then proceeded to drive his 2006 Mazda sedan off the roadway and into a nearby driveway where the vehicle struck two additional cars. Upon reentering the roadway, according to authorities, Leonard hit three more vehicles. The incident involved a total of eight vehicles, including the suspect’s, being damaged.

The entire event occurred in the early morning hours of Saturday, August 15 on the 1800 block of Ocean Drive in Cape May County. Receiving a call from local residents of a multi-car accident, police arrived at the scene and arrested Leonard for driving while intoxicated as well as careless driving. No other people were injured, although the man was taken to Cape Regional Medical Center in Court House, NJ, for treatment of minor injuries and released.

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