Articles Posted in Somerset County DWI Defense

It’s not unusual for New Jersey drivers to be stopped for drunk driving if they exhibit signs of intoxicated driving. Some of these signs include failure to stay in one’s lane, excessive speed, driving markedly below the posted speed limit, careless driving, erratic vehicle operation, etc. Of course, many of these can also be attributed to other situations not involving drinking and driving. For this reason alone, as a New Jersey drunk driving and drug DUI defense attorney, I can say that not every traffic stop results in a DWI summons.

There are cases where the police will stop a driver based on observations of the person’s vehicle, then submit the individual to a field sobriety test if the officer believes that driver is intoxicated. Everyone deserves the opportunity to have their day in court. Retaining an experienced DWI attorney is the first step toward contesting a drunk driving summons or breath test refusal. The following are several examples of recent DWI and drug DUI arrests in the local area.

A 46-year-old man from Matawan was pulled over for straddling the dashed white line and driving in both eastbound lanes on Amwell Road in the early morning hours of August 16. Police reportedly charged the man with driving while intoxicated and failure to maintain the lane. After being taken into custody, the man failed several field sobriety tests. Officers took him to police headquarters where he was found to have a blood alcohol level of 0.20 percent — nearly three times the legal limit in New Jersey.

Following a call by a local resident who reported being woken up by a crash in front of his house, police responded to an alleged hit-and-run accident in Deer Path. According to reports, the caller told police that he heard the sound of a vehicle driving across the yard. The car belonging to a 20-year-old Deer Path man reportedly had jumped the curb and struck a tree in a neighbor’s yard, before traveling across the driveway and grass. The driver was later found in his vehicle parked in his garage, along with evidence that the car had recently been in an accident. Police took the man into custody after he failed several field sobriety tests. At police headquarters, he was found to have a blood alcohol level of 0.11 percent. He was charged with DWI, failure to keep right, reckless driving, leaving the scene of an accident, failure to report an accident and underage consumption of alcohol.
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A three-car wreck on Dukes Parkway in Hillsborough was allegedly caused by a local drunk driver in late August. Officers from the Hillsborough Police Department arrived at the scene shortly following the accident to find three damaged vehicles and several injured passengers. As a New Jersey DWI defense attorney, one of my first questions to any client accused of causing an accident as a result of drunk driving is, “Were there any injuries?” While an injury accident may complicate a driving while intoxicated defense, my office has vast experience with cases just like this one.

The driver charged in this particular incident is a 26-year-old woman from the Hillsborough area. According to reports, Erin Markakis was allegedly intoxicated when she failed to maintain her lane on Dukes Parkway West. The Lexus that she was driving hit a Toyota head-on, which then plowed into a nearby BMW. The accident happened during rush hour between Route 206 and Roycefield Road in Hillsborough.

According to the Somerset County prosecutor, and Hillsborough police chief, Markakis was driving eastbound on Dukes Parkway West in a 2002 Lexus RX300, while another driver, Emilyfee Yap, also a resident of Hillsborough, was heading west on same road in a 2001 Toyota Highlander. Behind the Toyota was a third vehicle driven by Penny Sweeney.

People drink for all sorts of reasons, many times because they are unhappy with life or feel that they are in a situation from which there is no escape. As a New Jersey drunk driving defense lawyer, I know that many people accused of DWI are not necessarily thinking clearly, and not just because of the physical affects of alcohol. A recent news article brought this home when I read that a woman from Middlesex County had tried to kill herself in Bridgewater Township.

According to police reports, Kathleen Hoffman, a resident of South Plainfield, was sitting in her Chevrolet Corvette at a scenic overlook near Route 78 in the early afternoon last Tuesday. Apparently distraught, the 55-year-old then crashed her sports car though a wood barrier, through a metal fence and down a steep wooded embankment, causing the car to roll several times before coming to rest at the bottom.

By the time rescuers arrived at the scene, she was trapped but still alive. Emergency workers had to cut her out of the vehicle, after which she was airlifted to nearby Morris Memorial Hospital where she was treated for moderate injuries. Thankfully, nobody else was injured in the incident, although it did tie up traffic on Route 78 for quite sometime.

A  suspected drunk driver steered her speeding SUV within inches of a Branchburg Township police officer as he was conducting another traffic stop the evening of April 10. The obviously intoxicated driver of the SUV was later found to have 14-year-old minor riding with her, police said.

The incident occurred on Route 28 in the township’s North Branch section just before 8 p.m. The officer, Fred Ghanim, had just stopped a vehicle for speeding and was getting out of his cruiser to issue a non-DWI summons. Just as the officer stepped out his vehicle, but before he could close the driver door, a silver SUV swerved in Ghanim’s direction at a high rate of speed.

According to the report, Officer Ghanim pulled the door tight against his body, effectively sandwiching himself between the body of the police cruiser and the driver’s door as the SUV sped past.

It must be said, at this point, that far too many law enforcement professionals lose their lives in the line of duty, but the senseless deaths caused by drunken drivers are all the more sad, and preventable. Near-miss situations like this one illustrate the razor’s edge between life and death that public safety personnel face every day while patroling our nation’s roadways.

Fortunately, this incident ended with no serious injuries. Ghanim reported that the SUV missed his door by about an inch before the driver swerved back into her lane.

Soon after, police stopped the 38-year-old SUV driver, Betsy L. Nash of North Branch, who had the odor of alcohol on her breath. This prompted officers to ask her to perform a field sobriety test. She failed that test and was subsequently given a blood alcohol test, which turned up a reading of 0.13 percent — significantly over the legal limit in New Jersey.

Nash was charged with several counts, including careless driving, DWI, and driving while intoxicated with a minor on board. She was later released to a member of her family. Considering how close she came to injuring or even killing a law enforcement office, she was extremely fortunate.

If you are pulled over by police and found to have a BAC of 0.08 percent or more, you will be charged with DWI, if arrested. You could face a fine and jail time if convicted. Any driver issued a summons for DWI is encouraged to contact a New Jersey DWI Attorney. Our legal team is available around the clock to help you.

 

Branchburg Police Plotter, MyCentralJersey.com, April 14, 2009

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