Sobriety Checkpoints

November 12, 2010

Legal Defense Update: Somerset County, NJ, Motorist Pulled Over then Fined for Obscured License Plate

No matter how carefully an individual drives after having a drink or two, there is no guarantee that he or she won’t be stopped by a police officer and charged with driving under the influence of alcohol. It takes just a moment and you could be pulled over for the simplest of motor vehicle violations. Once that happens, the officer could notice the smell of alcohol on your breath or some other telltale sign of intoxication.

As a New Jersey DWI defense attorney and former municipal prosecutor, I know the process through which a accused drunk driver must pass to possible conviction for drunken driving. Not only impairment by alcohol, but also prescription drug and marijuana use can land a motorist in police headquarters after an alleged DWI or DUI incident.

As Somerset drunken driving defense lawyers, my staff of highly capable attorneys has the skills and legal training to represent individuals facing possible drunk driving penalties here in the Garden State. That chain of events can begin with the most inconsequential item, like a burned-out headlight or cracked windshield. This is because police all around New Jersey are constantly observing drivers and their vehicles for violations.

Not long ago a Basking Ridge, NJ, driver was ticketed because his vehicle’s license plate was partially obscured, According to reports, although the man was not driving under the influence of alcohol, the incident illustrated how a driver could be stopped for this seemingly minor violation. The entire event occurred at a police checkpoint in Middlesex County, when police issued the man a ticket for a license plate frame that was apparently blocking part of the words on his New Jersey license plate.

According to news reports, the man was in his Toyota 4-Runner passing through a checkpoint on Main Street in Metuchen, NJ. A police officer observed that his inspection sticker was not properly affixed to the car’s windshield. But instead of issuing a ticket for the inspection sticker, patrolmen issued the man a ticket for his license plate frame, which officers alleged was covering some of the words on his New Jersey license plate.
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October 25, 2010

Essex County, NJ, Receives Grant Money to Increase Drunk Driving Patrols and DWI Arrests

by Jonathan F. Marshall

Like many New Jersey counties, Essex is the recipient of federal funds to cover the cost of traffic enforcement, including increased drunken driving patrols, sobriety checkpoints and other DWI-related policing efforts. As a New Jersey drunk driving defense attorney, I know that not every DWI or prescription drug DUI arrest results in a conviction.

As Essex County DWI lawyers, I and my colleagues understand the law and have years of experience in areas such as field sobriety testing, Alcotest and blood-alcohol testing equipment, as well as municipal and state court procedures. As a former municipal prosecutor myself, I know the kinds of techniques and strategies employed by the state to gain a conviction for driving under the influence of alcohol and prescription medications.

Police can arrest a motorist for being legally drunk on beer and wine, but arrests and summonses are also processed for drivers who are suspected of being impaired due to marijuana, cocaine and other controlled dangerous substances (CDS).

September 30, 2010

New Jersey Drunk Driving Defense: Sea Isle, NJ, Police Trumpet DWI Checkpoint as a Success

by Jonathan F. Marshall

Most any New Jersey motorist should be able to tell you that drunken driving enforcement around the Garden State appears to have gotten more intense over the years. And it should come as no surprise, especially to those individuals who have been convicted of DWI, that the state police, local law enforcement departments and the courts have virtually no tolerance for drivers who choose to operate their vehicles while under the influence of alcohol, prescription drugs, marijuana and other controlled dangerous substances (CDS).

Increasingly, New Jersey police departments are operating drunk driving patrols and sobriety checkpoints, also known as DWI checkpoints. As a New Jersey drunk driving defense lawyer, this trend is not news to my office. We represent motorists from all across New Jersey — in counties such as Bergen, Monmouth and Ocean — who have been accused of driving while intoxicated either by beer, wine, hard liquor or drugs, prescription or illicit.

An article from Sea Isle, NJ, talked about the relative success of that municipality’s most recent sobriety checkpoint, which apparently caught few DWI offenders, but a number of other traffic violators. In all, just three drivers were either arrested or charged with drunk driving offenses. According to the news piece, on August 28, local police set up a drunken driving checkpoint on the 200 block of JFK Boulevard.

September 27, 2010

Bergen County DWI News: Drunk Driving Arrests may Rise with Increased Traffic Enforcement Patrols in Wyckoff

by Jonathan F. Marshall

Drunken driving enforcement is nothing new to motorists in New Jersey. With economic woes still reverberating across the country, the Garden State has seen its share of turmoil. It’s no doubt that many people choose to ease the pain with a drink or two at the local bar or friendly neighborhood gatherings. The trouble comes when an individual who may have had a bit too much to drink hits the road.

As a New Jersey DWI defense lawyer, I make it my job to assist drivers who have been accused of driving while intoxicated. As a Bergen County drunken driving attorney, I know that certain times of the year can make it especially common for drivers to be pulled over for driving under the influence of alcohol.

According to news reports, Wyckoff Township has announced an increase in traffic safety patrols, which are sure to the net the municipality more than a few DWI and drug DUI arrests. Based on reports, the township’s police department will be running “stepped up” traffic enforcement patrols through October 10. This surge in police presence is part of a national “Put the Brakes on Fatalities” campaign going on in towns and cities all around the U.S. Sobriety checkpoints and roadblocks could be part of this effort.

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 9, 2010

New Jersey DWI News: Labor Day Means More Sobriety Checkpoints and Increased Drunk-driving Patrols

by Jonathan F. Marshall

As a New Jersey DWI defense attorney, I usually tell people arrested for drunk driving (or issued a summons for DWI, Drug DUI or other CDS-related traffic offenses) to seek the services of a qualified drunk driving lawyer. One of the more likely times to be stopped for driving while intoxicated is during seasonal DWI crackdowns where police used increased drunk driving patrols and sobriety checkpoints or DWI roadblocks to catch unsuspecting drivers who made the mistake of driving after drinking an alcoholic beverage.

According to news reports, law enforcement personnel from Lower Township will be on the alert for drunken driving violators as part of this summer’s “Over The Limit, Under Arrest” Campaign. Commencing August 20 and running until September 6, state and local police officers will be setting up sobriety checkpoints and operating what are referred to as “saturation patrols” as they seek out and arrest motorists who could be driving under the influence of alcohol or prescription drugs.

This is reportedly part of a national campaign to increase awareness of the dangers of driving drunk by using what authorities call high-visibility enforcement. The campaign also utilizes public education in the form of posters, banners and mobile video display signs.

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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March 12, 2010

New Jersey Drunk Driving News: Bergen County Man Charged with DWI Despite 0.0 Blood-alcohol Reading

by Jonathan F. Marshall

While fighting a DWI arrest is a fairly common practice, fighting a drunken driving charge after “blowing” a double-zero on an Alcotest device is somewhat out of the ordinary. As a New Jersey DWI defense attorney, I and my colleagues are certified in the proper use, operation and maintenance of the Alcotest breath testing machine typically in use by most all of New Jersey’s police departments and state DWI enforcement agencies.

According to a recent news article, a Garfield, NJ, man was charged with driving under the influence of alcohol even after he registered a 0.0 percent blood-alcohol content on not one, but two supposedly well-maintained and correctly calibrated Alcotest devices. Regardless, Fair Lawn police charged 20-year-old Dariusz Palka with DWI anyway.

Based on police reports, Palka was pulled over around 2am at a DWI sobriety checkpoint on Broadway and 17th Street while traveling in the city with a number of buddies back on December 19. The friends were reportedly looking for a place to eat as the reason for their late night drive.

March 10, 2010

NJ DWI News: Avalon Police Participate in Drug DUI and Drunk Driving Enforcement Campaign

by Jonathan F. Marshall

For drivers traveling in Cape May and surrounding New Jersey counties, news reports indicate that the Avalon Police Department and other law enforcement agencies are taking part in a DUI prevention campaign until March 17, St. Patrick’s Day. Known worldwide as a day of celebration, Saint Paddy’s Day can be a busy time for local police and state law enforcement agencies focused on arresting drivers found driving drunk, as well as violating other DUI and DWI laws.

As a New Jersey drunk driving defense lawyer, I have seen the effects of these enhanced enforcement campaigns. Many motorists are picked up on the road or at sobriety checkpoints, also known as DWI roadblocks. The penalties for drunk driving or drug DUI convictions can be very stiff and can also include jail time for repeat offenders. It’s always a good idea to seek professional legal advice if you or someone you know is arrested or receives a summons for driving while intoxicated.

According to reports, the Avalon Police Department is currently participating in an impaired driving prevention operation until the 17th. It’s no coincidence that this campaign coincides with St. Patrick’s Day, which police know involves the consumption of alcoholic beverages by many motorists.

January 26, 2010

Bergen County DWI News: Cliffside Park, NJ, Records Most Drunk Driving Arrests Ever

by Jonathan F. Marshall

According to a recent news article, Cliffside Park police set a new record for drunken driving arrests in 2009. As a New Jersey drunk driving defense lawyer, my firm represents motorists from Bergen County as well as Essex, Mercer, Union, not to mention other areas around the Garden State. Being arrested for driving while under the influence of alcohol or prescription drugs is the first step toward a conviction for DWI or DUI, which can be a serious and costly way to pay for lack of foresight.

Based on the news report, Cliffside Police stated that there were more DWI arrests in the municipality during 2009 than any other past year since records have been kept. Law enforcement officials say that the higher number of arrests for driving while intoxicated goes to increased drunk driving patrols and the additional use of sobriety checkpoints.

The number of arrests in Cliffside Park last year totaled 102 for alcohol-related charges. The money to support the new checkpoints reportedly came from the Cliffside Park Police Department State Drunk Driving Enforcement Fund. For this borough police established two separate DWI checkpoints and operated approximately 12 additional drunken driving patrols. The state funds that support added DWI enforcement come from legal fines and bottle taxes that eventually find their way back to the municipalities.