Before even considering pleading guilty to the charges, the man intends to challenge some of the state's evidence relating to medical and toxicology reports. If he enters into a plea deal with the state, he could be sentenced to 20 years in prison.
]]> It is alleged that the man's vehicle slammed into another car, pushing it off the road and striking a pedestrian in the process. According to the police, the driver's car crashed into two other vehicles after rolling over.There were five children in the man's car in addition to his girlfriend. The fatal accident claimed one life: the man's girlfriend was taken to a hospital where she was pronounced dead. A total of 11 people, including children in the man's car and the pedestrian, were injured in the accident.
According to authorities, the man was driving under the influence. His license has been suspended indefinitely, one of the 33 times his license has been suspended since 1990.
The accused man's attorney will file the necessary challenging motions in this case. A legal team with criminal defense experience will be familiar with the law and can present New Jersey residents facing similar charges with multiple options to safeguard their rights.
Source: phillyBurbs.com, "Camden man charged with vehicular homicide to challenge evidence," Danielle Camilli, May 8, 2012
]]>When pulled over by the officer, the driver went through field sobriety tests. She also underwent a Breathalyzer test. Her result of .21 was almost triple the legal limit of .08. If her conviction stood with these results, she would have been fined $300, the mandatory amount, and received a seven-month license suspension along with other court costs.
]]> However, her lawyer pointed out that the reading should not be considered because the driver had a tongue stud at the time the tests were taken. Under state law, there should be no foreign materials in a person's mouth while taking the blood alcohol test.After considering the arguments of the driver's lawyer, the municipal prosecutor suggested that the blood alcohol reading should not be considered. Even when a judge cannot rely on blood alcohol readings, a conviction can still stand depending on other factors, such as the results of the field sobriety test.
The driver in this case was fined the minimum amount and her license was suspended for three months after she pled guilty.
So far, the defense of a tongue stud voiding a breath test has not been challenged in court in New Jersey, and it is up to an accused driver's lawyer to present an effective defense. Drivers charged with DWI in New Jersey should consider consulting an experienced DWI defense attorney to take an aggressive position to reduce their sentence.
Source: Mount Olive Chronicle, "Tongue stud helps woman reduce drunk-driving charge in Mount Olive," Phil Garber, April 30, 2012
]]>Teenagers and young adults may not be aware that New Jersey has a zero-tolerance policy for underage drinking and driving. If the driver is below the legal age of drinking and the breath testing device registers anything, even if it is below the legal limit for intoxication, the driver will face drunk driving charges and a possible DWI arrest.
]]> In order to raise awareness about the dangers of drinking and driving, experts held a virtual reality simulation at Bergen Community College. By employing a working automobile and connecting its moving parts to a sensor, students were given the sensation of traveling down a street using the accelerator, steering wheel and brakes.The students wore virtual reality goggles, giving them the feeling the vehicle was moving despite it not moving much at all. The aim of the simulation was to demonstrate how hard it is to drive while under the influence by distorting the car's performance. According to the driving awareness instructor, the simulation demonstrates how easy it is to either cause an accident or get caught.
The students' simulations could be seen from a screen so that everyone could view how their friends were performing. After the driving exercise, students received fake tickets that clearly outlined what they could have been charged with.
Despite such programs, it is possible for drivers under the age of 21 to find themselves facing drunk driving charges. They should consider consulting an experienced attorney to ensure they have the best defense and receive reduced penalties.
Source: Town News, "Dangers of distracted, drunk driving presented to Bergen Community College students," Bryan Wassel, April 19, 2012
]]>A 27-year-old New Jersey driver is accused of causing a fatal accident on Route 80 while driving with a suspended license.
]]> According to police reports, the victim's car was stalled in the center lane of the highway when the driver accused of crashing into the disabled vehicle struck it from behind. The officer surmised that the driver was unable to stop his car in time. Sadly, both cars burst into flames.The accident resulted in the death of the driver and passenger of the disabled vehicle. Another passenger in the car was taken to Hackensack University Medical Center with serious injuries.
The events leading up to the crash, including the cause of the car's breakdown and how long it had been stalled, are still unknown and under investigation.
The driver responsible for the crash suffered minor injuries and is currently facing charges of causing death while driving on a suspended license. He was taken to jail, and bail was set at $20,000 cash. More charges may follow, depending on the results of the investigation.
Over the past seven years, the driver has had nine moving violations and 18 suspensions, none of which involved alcohol or car accidents. Violations included an improper turn, going through a red light or stop sign, driving without a license or with a suspended license, and not stopping for a pedestrian. Most of his suspensions were due to a failure to pay parking tickets and surcharges, and only lasted a few weeks.
The consequences of criminal traffic offenses, including vehicular homicide, may be very serious and carry prison sentences. While this particular driver has never been involved in an accident that has caused harm to another individual, the fact that he was driving after his license was suspended could increase his chances of receiving very severe penalties.
Source: North Jersey, "Two dead after pickup truck collides with stalled car on Route 80 in Lodi," Kim Lueddeke and Katie Sobko, April 11, 2012
]]>One of the victims had a fight with her boyfriend and had exited the car they were in. Both her boyfriend and the second victim followed her out of the vehicle. At some point, the boyfriend returned to his car to park it somewhere. It was then that it is alleged that the driver's vehicle hit the two women and continued on without stopping.
]]> Investigators pieced together portions of the car that were left at the scene because of the force of the impact. Parts of the car's headlight and front grille section were taken to local shops to determine the vehicle they may have come from. After narrowing down the list, authorities then went door to door and found the alleged driver, who acknowledged that he had struck a deer and his car was in the shop for repairs. After obtaining a warrant, the police checked his car and claimed the parts found at the scene almost fit that of the man's car.The 42-year-old man is a single parent supporting his 15-year-old son by holding down two jobs, including one with the U.S. Postal Service where he worked for the past 20 years. He has no criminal record. The judge agreed to lower his bail partly due to his domestic situation and also because he wasn't a flight risk. If convicted, the man could be sentenced to 20 to 30 years in prison.
Source: The Record, "Bail lowered for Peterson man in Clifton fatal double hit-and-run," John Petrick, April 10, 2012
]]>A New Jersey woman found herself in such a position when she was involved in a fatal DWI accident in September 2010. The woman's Ford Explorer allegedly began drifting on the road late one night when she struck a man riding a bicycle on the northbound shoulder. Authorities believe he may have been shopping at a nearby store. Authorities pronounced the victim dead at the scene.
]]> Police say the driver continued driving from the scene of the accident but her vehicle broke down about a mile away. According to authorities, her blood alcohol level was 0.235, which is three times the legal limit of 0.08 in New Jersey. She pled guilty to charges of vehicular homicide earlier this year and was sentenced this month to five years in prison.At the time of sentencing, the driver was remorseful of her actions that fateful night and cognizant of the ramifications of her actions on the victim's family. The judge handing down the sentence also recognized that defendants in such situations rarely intend to kill their victims.
The judge announced that not only would the defendant's driver's license be suspended for five years, she must also enroll in a 12-hour course for intoxicated drivers once her prison term is over. The defendant becomes eligible for parole after serving 85 percent of her prison sentence.
Source: Gloucester County Times, "Mary Dalton of Deptford gets five years prison for drunk driving death," Joe Green, April 6, 2012
]]>According to authorities, the Newark man was placed under arrest. A state police spokesman said the group seized 1.8 pounds of marijuana, prescription medications including 150 Endocet and other pills, drug packaging materials and a digital scale. The driver was charged with DWI, illegal prescription drug possession, marijuana possession and possession of drug paraphernalia. He was being held in the Passaic County Jail with bail set at $35,000.
]]> New Jersey drivers may not be aware that an officer should have a justified reason to pull a driver over: a traffic stop should be conducted under the doctrine of probable cause. Probable cause has subjective elements and not every officer can articulate the reasoning for a particular traffic stop.Not only is it possible to challenge a traffic stop, but other police procedures may be questioned. The results of a breath testing device can also be challenged, as they are not as decisive as many people might believe.
Those drivers who find themselves in a similar situation could consider approaching an experienced DWI defense attorney or a drug crime defense lawyer. They could provide advice and present a defense which could lead to the best possible outcome for the driver.
Source: Cliffview Pilot, "N.J. State Police DWI stop on Route 80 yields nearly 2 pounds of pot," Jerry Demarco, March 20, 2012
]]>The driver traveling east on the highway in his Chevrolet Denali hit the pickup truck in front of him. The impact resulted in the truck turning upside down on the side of the road on the North Ninth Street exit. According to police present at the scene, the driver seemed under the influence at the time of the accident. As a result, they arrested him for DWI.
]]> The driver showed signs of remorse at his arraignment, apologizing for his actions and realizing the seriousness of the situation. If the man is convicted for reckless driving, he will be convicted of a misdemeanor, as opposed to the felony of vehicular homicide.Despite the attention produced by media reports that imply the driver's guilt in regard to the accident, the driver deserves his day in court to be represented by a defense attorney and allow him to voice his side of the accident.
If drivers under similar circumstances are convicted, those people also carry with them a criminal record that could affect their lives, including their employment and child custody. An experienced defense attorney could provide guidance on how to best protect the driver's rights.
Source: Pocono Record, "East Stroudsburg man charged with vehicular homicide in I-80 crash," David Kidwell, March 20, 2012
]]>According to police reports, the driver swerved into oncoming traffic while driving in West New York, New Jersey. His niece was in the lap of one of the passengers in the car. Other than the fatality, there were no other serious injuries and it was not immediately known if the child's parents were among those in the car. The driver was allegedly drunk at the time of the accident and has been charged with vehicular homicide.
]]> In addition to this, he has also been charged with endangering the welfare of a child, driving without a child restraint system, assault by auto and four charges related to DWI.Driving while intoxicated is a serious crime itself in New Jersey; involvement in a fatal DWI accident brings forth additional charges. Those charged with vehicular homicide must be prepared to protect their rights in a court of law. If convicted, the driver may face time in jail or other penalties.
While the media in a case like this may jump to conclude that the driver is guilty, everyone is entitled to their day in court and to defend themselves to the best of their ability. Those charged with driving while intoxicated or anything similar often find the best approach is to engage a qualified and experienced attorney to protect their rights and provide the best possible defense against these serious charges.
Source: The Jersey Journal, "Guttenberg man charged with drunken driving in West New York crash that killed his infant niece," Terrence T. McDonald, March 5, 2012
]]>In late February, a 42-year-old New Jersey woman was arrested and charged with a DWI after police pulled over the vehicle she was driving. The police allegedly received a report indicating that a vehicle similar to the one driven by the woman might be driven by someone who was intoxicated.
]]> As it turned out, the woman accused of drunk driving had a previous conviction that involved a driver's license suspension. The woman successfully completed her suspension period, but as a term of reinstatement the court required the woman to install an ignition interlock device in her vehicle.Here, however, police allege that the woman was driving a vehicle that belonged to her boyfriend. Apparently, the vehicle did not have an ignition interlock device so the woman should not have been allowed to drive. In an interesting twist, because of the limitations on the woman's license, the boyfriend was charged with knowingly lending a vehicle to a person required to have an interlock ignition device.
Source: New Jersey Herald, "Lake Hoptacong woman arrested on DWI charges," Mar. 5, 2012
]]>Ironically, the superintendent, who has held his position for a decade, recently spoke to his students about the dangers of drug and alcohol use. Unfortunately, due to his high-profile job and his position of authority, his case will receive much scrutiny. Some members of the community, including the mayor, said that while they liked and respected the superintendent, the nature of the incident should lead to administrative leave or even resignation.
]]> This case illustrates the stigma that merely being arrested for drunk driving can create. While authorities charged the man with driving under the influence of alcohol, they would not release the results of the breath test the man took. The man's contention that he swerved to avoid a deer must also be taken into consideration.Every defendant deserves his day in court, and for his side of the case to be heard and considered before a decision is made on whether the accused is guilty of the alleged crime. The superintendent, however, may have higher hurdles to clear than most people in New Jersey because of his job and reputation.
Source: philly.com, "DUI arrest of superintendent has Medford reeling," Jan Hefler and Frank Kummer, Mar. 3, 2012
]]>The man has been charged with 28 criminal counts including vehicular homicide, involuntary manslaughter, aggravated assault and DWI. He allegedly admitted to police officers on the scene that he had been drinking but claimed that the motorcyclists caused the accident by swerving into his lane.
]]> The man's defense attorney is directly refuting the methods used by police officers at the scene in determining his level of intoxication. Police claim that a breath test indicated that the defendant's blood alcohol level was 0.11 following the crash, which is higher than the legal limit of 0.08. Police also claim that the man smelled of alcohol and had trouble staying balanced on his feet. The defendant refused to submit to a blood test at the scene.Courts in other states have acknowledged the unreliability of breath tests in determining blood alcohol levels. A number of different factors can influence readings independent of actual blood alcohol levels including body temperature, medical conditions and atmospheric pressure.
Field sobriety tests are fallible because they rely on the subjective observations of officers, fail to account for non-obvious physical disabilities and do not accurately determine intoxication levels with quantifiable precision.
Given the potentially catastrophic legal consequences of alcohol related driving crimes, it is important for criminal defense attorneys to challenge unreliable sobriety test methods. Failing to challenge potentially unreliable evidence such as a field sobriety test in a DWI case could lead to a miscarriage of justice.
Source: The Express-Times, "John P. Heaney III's statements, video of sobriety tests should be kept from trial, attorney argues," Tom Shortell, Feb. 17, 2012
]]>With the department placing public emphasis on making DWI arrests, police officers are trained to use breath testing devices and to recognize the signs of a potentially drunk driver. Some of these signs include:
• Erratic or unusual driving speeds
• Failure to recognize traffic signs or signals
• Swerving or inattentive driving
• Inappropriate stopping or braking
]]> However, many of these apparent signs of drunk driving do not alone prove that a person is operating while intoxicated. With police officers putting a high priority on making DWI arrests, it is important for New Jersey drivers to understand their legal rights if they are pulled over for suspicion of driving while intoxicated.Since the consequences of a DWI charge can be devastating, having legal assistance could be a prudent choice. An experienced attorney can help ask the right questions to determine whether an officer had a justifiable reason to pull a car over, whether breath test results are invalid and whether the driver's rights were protected throughout the process.
If you have been accused of driving while intoxicated and maintain your innocence or seek reduced sentences, having a strong case and proper legal representation can be the difference between jail time and a more tolerable alternative.
Source: NorthJersey.com, "Drunk drivers beware in Clifton," Adam Greenberg, February 9, 2012
]]>If you are suspected of driving while intoxicated, there are several things you should do. In all cases, you should be familiar with your legal options. Bringing your case to a lawyer could both protect you in court and give you a better understanding of your full legal rights.
]]> There are multiple issues to address when disputing DWI charges, ranging from the actions of the arresting police officer to the efficacy of breath tests. Did the arresting officer have probable cause? Was a field sobriety test justified? Are the results of your breath test accurate?Any of these factors could strengthen your case. With a proper legal defense your case could even be dismissed. If your case is not dismissed, your charges could be reduced or you could avoid jail time by negotiating alternatives. You could also avoid having your license suspended.
Remember, your time in court is your opportunity to dispute the charges against you, just like anyone else accused of a crime.
Source: NorthJersey.com, "Jersey City man faces DWI charges in New Milford," Erin Patricia Griffiths, Feb. 1, 2012
]]>Driving under the influence of alcohol, as some people may have done after the Super Bowl, is a dangerous risk to take. A DWI or, worse yet, causing a serious injury, is the chance someone takes when driving while above the legal limit in New Jersey. People must exercise caution when driving out to events, especially in situations where they know they are likely to be drinking, like a Super Bowl party or other celebration. If the attendee is going to drink to excess, it is prudent to plan ahead and make sure that someone sober is able to provide transportation home.
]]> If someone does get in a car and is arrested on suspicion of driving while intoxicated, they still have rights. These are the rights afforded to all people in this country and failure to uphold them, no matter the circumstance, is wrong and should never take place. Precautions can and should be taken to avoid this type of situation, but if does happen, there are options available to ensure all legal rights are afforded to the accused. An experienced DWI attorney can play an important role in ensuring the rights of those accused of a DWI are fully respected.Source: NorthJersey.com, "One drink too many to drive on Super Bowl Sunday, authorities say," Karen Rouse, Feb. 2, 2012
]]>