Third or Subsequent Offense DWI

November 1, 2009

Montville, NJ, Woman Convicted of DWI Vehicular Assault against Police Officer

A Montville, New Jersey, woman was recently sentenced to 48 months in jail after being convicted for her third drunk driving arrest as well as vehicular assault charges after hitting a police officer and two other vehicles in 2008. Having defended many New Jersey motorists accused of driving under the influence of alcohol, I can only say that this type of case needed serious DWI defense work.

According to news reports, Andora Needleman, 47, pled guilty back in August to a couple counts of vehicular assault, as well as driving while intoxicated, plus leaving the scene of an accident. One assault charge was for hitting Officer Kevin Milley, while the second was for hitting a car with a five-year-old child on board.

Superior Court Judge Salem Vincent Ahto revoked Needleman’s driver’s license for 10 years, which begins when she is released from prison. She is expected to apply for early release from prison under the state’s Intensive Supervision Program, which is a stringent form of parole.

October 7, 2009

New Jersey Residents Coming Down Hard on Repeat Drunk Driving Offenders

by Jonathan F. Marshall

In seeming reaction to the recent sentencing of Shaun P. Campbell, the 40-year-old East Rutherford resident with 16 convictions for driving while intoxicated and nearly 80 related license suspensions to his name, the New Jersey media and public are apparently fed up with any individual having multiple drunk driving convictions on his or her record. As a New Jersey DWI defense lawyer, I know what these folks are going through.

As a drunk driving defense attorney, I also know that some people are less cautious than others and never consider the implications of driving drunk, even if it means just a couple beers. This is why I encourage my friends and family to always have a designated driver for those times when a celebration becomes too exuberant.

According to a recent editorial, the media may be calling for more strict sentencing and harsher laws to keep repeat DWI offenders off public roads. Campbell, who is now going to jail for almost five years as a result of his most recent DWI-related traffic accident, will also have to pay more than $9,000 in fines. Campbell’s latest license suspension means he won’t be eligible to drive legally until he is 81 year old.

September 27, 2009

Morristown Court Levies 41-year License Suspension on Repeat New Jersey DWI Driving Offender

by Jonathan F. Marshall

An East Ruther ford man was sentenced to 4 1/2 years in prison by a Morris County, NJ, court on September 18 in the culmination of more than one dozen drunk driving convictions and 78 license suspensions over his driving career. Shaun P. Campbell, 40, was sentenced in Superior Court, Morristown, for the auto wreck in Morris Township that he caused while driving under the influence of alcohol this past April, as well as two other DWIs and driving while suspended he accumulated in Wayne and Pequannock in 2008.

As a New Jersey drunk driving defense lawyer and former municipal prosecutor, I must say that this is one of the most active drunk drivers to come through this state’s court system in a while; which is likely why the Morris County Assistant Prosecutor Brian DiGiacomo requested “enhanced penalties” for Mr. Campbell, and why the court obliged by suspending the defendant’s driver’s license for an astounding 41 years.

Equating the dangers of Campbell’s drinking and driving with the actions of a violent criminal, the court held up his 16 DWI convictions and 78 license suspensions as justification for the sentence, which included a 4 1/2-year prison term, more than $9,000 in fines and the near half-century license suspension.

September 15, 2009

Intoxicated Out-of-state Driver Charged Vehicular Homicide in Fatal Cape May County Car Crash

by Jonathan F. Marshall

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.

July 16, 2009

East Rutherford Man with 15 Career DWIs to be Sentenced by Morris County Court

by Jonathan F. Marshall

There are just some people that you can’t help. As a New Jersey DWI defense lawyer, I have represented many multiple drunk driving offenders, but few like Shaun Campbell of Bergen County, New Jersey. Most of the clients I have worked with learn their lesson and try to make a clean start of things following a brush with the law as it applies to driving under the influence of alcohol. But other people convicted of driving while intoxicated go back and make the same mistakes over and over again. So it has been for Mr. Campbell.

According to reports, the 40-year-old Campbell had his license suspended nearly 80 times during his 22-year driving career. His admission of guilt to his 15th DWI charge was the latest in a string of convictions. This particular case involved an April head-on collision in Morris Township when Campbell, self-described as being plastered on beer, drove his sport utility vehicle into a Ford pickup truck driven by a Chatham man and carrying that man’s four-year-old daughter. Luckily, no one was killed.

Campbell pled guilty to assault by auto, DWI and driving while on the revoked list. The Morris County assistant prosecutor has recommended that Campbell receive the maximum sentence of 18 months in prison for the assault by auto, and consecutive 180-day terms on the drunken-driving and revoked license charges. He also recommended that Campbell receive an extra 90-day term as an enhanced penalty on the license revocation offense.

June 11, 2009

New Jersey Drunk Driving Legislation Calls for Mandatory Ignition Interlocks for DWI Offenders

by Jonathan F. Marshall

Future convictions for driving under the influence of alcohol could result in the offender’s vehicle being fitted with a type of breathalyzer-ignition interlock device if drunk driving legislation in Trenton continues to move foward. The specter of ignition interlocks for nearly all DWI offenses has been raised this time with the help of three New Jersey assemblymen, Gordon Johnson, Nelson Albano and Patrick Diegnan.

Under the proposed legislation (A-3073), any person convicted of a second, third or subsequent DWI offense would be required to have an ignition interlock device installed on all vehicles they either lease or own, or any vehicle that the person would operate for work, or other purposes, during their driver’s license suspension period.

Even first offenders would be affected. If a person convicted of a first-time DWI had a blood alcohol content (BAC) of 0.15 percent or higher, the law would require the offender to have the device installed on his or her vehicle. In addition, the current legislation calls for the device to remain installed for six to 12 months following restoration of the individual’s driver’s license. The courts would retain discretion as provided under current law to require installation of the device for all other first offenders.

May 7, 2009

Costs of Driving Drunk in New Jersey

by Jonathan F. Marshall

Drunk driving, driving under the influence, or DWI. In New Jersey, and anywhere else for that matter, these simple words represent a range of possible scenarios too numerous to list here. As a New Jersey DWI attorney, my office has represented hundreds of drunk driving cases — many of which involved terrible human and societal costs. Even in the best of situations, the personal price can prove truly devastating, with the stigma of a drunk driving conviction affecting the person’s standing in the community, possible loss of a job, or potential damage to relationships with family and friends.

Financially, a drunk driving conviction can be costly, too. Fines and penalties for second and subsequent DWIs are large, but even first-time offenders can feel the sting. Below are just a few of the potential monetary costs that can be expected for a variety of drunk driving offenses, according to the State of New Jersey (Keep in mind that jail time or community service may also be attached, but is not included here).

First DWI Offense
$250-$400 fine if blood-alcohol content (BAC) is 0.08 percent or higher but less than 0.10 percent ($300-$500 fine if BAC is 0.10 percent or higher); automobile insurance surcharge of $1,000 per year for three years

May 2, 2009

DWI Injury Accident Caused by New Jersey Man with Long History of Drunk Driving

by Jonathan F. Marshall

Talk about your repeat drunk driving offenders, East Rutherford resident, Shaun Campbell, will surely have a place in the record books. According to reports, the 39-year-old already had a dozen DWI convictions, and 78 license suspensions, prior to a recent accident when he allegedly caused a head-on crash with another driver and his four-year-old daughter at the intersection of South Street and Spring Valley Road in Morris Township.

Police say that Campbell was allegedly intoxicated when he ran his SUV into another vehicle in Morristown on Thursday, April 23. Immediately following the accident, the suspect was viewed running from the scene into nearby Loantaka Park in an effort to escape from police. All of this happened while Campbell’s license was suspended by the state.

Campbell was caught and initially charged with driving while intoxicated and obstruction of justice. However, authorities also hit him last Wednesday with a charge of fourth-degree assault-by-auto in connection with this most recent accident.

March 27, 2009

“30 Rock” Actor Rip Torn may Avoid DWI Charge by Attending Alcohol Class

by Jonathan F. Marshall

Following a third DWI arrest, well-known Hollywood movie and TV star Rip Torn is seeking to dodge drunk driving charges in Connecticut by attending that state’s alcohol awareness program. The 78-year-old performer, whose most recent television appearances have included the popular NBC sitcom, “30 Rock,” already has two prior out of state drunken driving arrests.

In January, Torn pleaded not guilty to charges of driving while intoxicated when he was arrested last December. According to police, Torn was pulled over near his home in Salisbury while driving with a Christmas tree tied to the roof of his car. The arresting officer attempted to administer a breath test to determine the actor’s blood alcohol content, but Torn refused to take the breathalyzer test, then reportedly used profanity while detained in the police cruiser.

Torn recently appeared in Bantam Superior Court, requesting admission to an alcohol education program, which is required in that state before DWI charges can be dropped. Torn’s defense lawyer stated that his client had a chance of qualifying for the program despite his two previous drunk driving arrests. According to reports, Torn pleaded guilty to a lesser charge in the case of one drunken driving arrest and was acquitted in the other.

Authorities wouldn’t comment on whether the prosecutor would attempt to block Torn’s application, although it appears that the actor is eligible in this instance.

Rip Torn seeks to avoid drunken driving charge, The Associated Press, March 26, 2009

“30 Rock” Boss Applies for Booze School, NBCMIAMI.com, March 26, 2009