New Jersey Criminal Defense Blog

A recent article that appeared in the New Jersey Star Ledger illustrates the benefits of having a New Jersey DUI Defense attorney who can prepare a convincing defense using the specifics of the case.

Rodney Sanders, 39, was accused of third-degree assault by auto for allegedly causing a three-car crash on Route 22 in North Plainfield on July 31, 2007. The New Jersey Auto Accident, which occurred at about 11:40 pm, involved Sanders, who was traveling east on Route 22 when he tried to overtake a pickup truck, but struck the rear passenger side of that vehicle, police said. Sanders then struck a Newark woman’s car, forcing her off the highway, police said. The woman suffered back and neck pain and bruises.

Sanders’ blood-alcohol level was 0.23 percent, police have said, almost three times the legal limit, but according to Sanders defense team, the results of the Plainfield police officer’s drunken-driving test should not be admissible at trial. At the heart of the dispute, is the Alcotest machine that was used to record Saunders’ BAC level after the New Jersey car accident. The Alcotest machine is used to detect whether a driver is drunk, and the state Supreme Court last month ruled results from the device are admissible as long as police and prosecutors follow the safeguards outlined in the Court’s opinion.

Continue reading "Police Officer Accused of DUI Pleads Case in Court" »

Posted by Lependorf & Silverstein | Permalink | Email This Post

Posted In: DUI DWI Drunk Driving

Bookmark:

The verdict came in March 17: The New Jersey Supreme Court has approved the use of the new Alcotest 7110 breath-testing device -- as long as law enforcement and the manufacturer follow certain procedures. Under the court's decision, law enforcement must limit prosecutions to those who test within a certain accuracy range and check Alcotest's accuracy twice a year. The manufacturer must provide reasonably-priced training on using Alcotest to DWI defense attorneys and expert witnesses, and it must notify the public and the State Bar of New Jersey before changing the device.

The decision takes the device and many DWI defendants out of legal limbo. A group of DWI lawyers challenged Alcotest's accuracy in 2006, suspending the cases of thousands of DWI defendants and halting the device's rollout in four New Jersey counties. Now that the decision is in, local prosecutors and defense attorneys will work through their cases one by one, throwing out those that don't meet the Supreme Court's guidelines and finishing the others.

Continue reading "New Jersey Supreme Court Greenlights Alcotest" »

Posted by Lependorf & Silverstein | Permalink | Email This Post

Posted In: DUI DWI Drunk Driving

Bookmark:

A candidate for New Jersey's Senate seat found out last week what New Jersey DWI lawyers have been telling our clients for years: DWI convictions can haunt you long after you thought they were over.

Andy Unanue, a businessman who is heir to the family-run Goya Foods corporation, filed papers April 7 to run for Senate as a Republican. He faces a tough battle against incumbent Frank Lautenberg, in part because of some sticky questions from the media about his history with alcohol. According to the South Jersey section of the Philadelphia Inquirer, Unanue faces questions about coming to work drunk as well as a 1993 DWI conviction from Fort Lee.

The article says Unanue was cited for driving while intoxicated after police responded to a call from him. He told police that another driver had rear-ended his car and driven away, but when they arrived, they cited him for DWI. He acknowledged to the newspaper that he realized at the time that he'd had too much to drink, so he pleaded guilty. Keep in mind that Unanue was about 25 at the time, and is now 40 -- and still being asked about this DWI! Allegations have also surfaced that he came to work drunk on occasion during his days at Goya, and critics have pointed out that Ubanue doesn't currently live in New Jersey, although he says he intends to by the June 3 primary.

Continue reading "Fifteen-Year-Old DWI Haunts Senate Candidate" »

Posted by Lependorf & Silverstein | Permalink | Email This Post

Posted In: DUI DWI Drunk Driving

Bookmark:

After killing a 2-year-old child and leaving his mother in a vegetative state, Jersey City police officer Kevin Freibott will face 11 years in prison. It is estimated that Freibott’s blood alcohol concentration (BAC) was more than three times the legal limit of 0.08% at the time of the crash. Freibott was convicted to the maximum sentence of 11 years, and the judge in his case ordered that he not be released on parole until at least seven years of serving his sentence. He pleaded guilty to vehicular homicide and aggravated assault.

Anyone interested in New Jersey DUI law will note the range of accusations that ultimately led to Freibott’s conviction. Not only is he on the hook for DUI, but he faced criminal charges of vehicular homicide and assault. Freibott has been fired from his job, publicly disgraced, and made responsible for the lives of the mother and child that he took. The combination of criminal and DUI charges is a wake-up call to anyone who thinks that a DUI-related crash is a minor legal undertaking.

Continue reading "Officer Sentenced to 11 Years In Prison After Fatal DUI Crash" »

Posted by Lependorf & Silverstein | Permalink | Email This Post

Posted In: DUI DWI Drunk Driving

Bookmark:

A Garwood Borough resident was arrested on January 29th on charges of driving while intoxicated and leaving the scene of an accident, according to an associated press report published Wednesday, January 30th. Ronald J. Ciuba, 39 was charged by Officer Todd Herz with leaving the scene of an accident, careless and intoxicated driving, and having no insurance.

The arrest occurred after a motorist called police at 5:50p.m. Saturday to report she saw a 1999 Chrysler strike a parked car. She went on to explain that she saw the car continue for several blocks, then park on the 300 block of Third Avenue. The witness continued to watch the car until the officer arrived.

Being arrested or accused of a DWI is a scary and distressing situation, but running from an arresting officer is only making a bad situation much worse. Our aggressive New Jersey DWI defense lawyers at Lependorf & Silverstein have much experience representing DWI clients in New Jersey, successfully achieving dismissals, acquittals and lowered sentences, but there is little we can do for an individual who flees from the scene of an accident. Our attorneys have found that it’s best to invoke your rights when stopped for a DUI in New Jersey. While you should never be rude or hostile toward a police officer you should always insist on your right to not answer their questions without a lawyer. While you may also refuse to participate in a field sobriety test you should realize that this looks extremely suspicious to any DWI judge hearing your case and can lead to further penalties later. You cannot refuse to take a breath sample test.

Continue reading "Man Accused of Leaving Accident After Driving While Intoxicated" »

Posted by Lependorf & Silverstein | Permalink | Email This Post

Posted In: DUI DWI Drunk Driving

Bookmark:

As the argument about New Jersey breathalyzers heads to the Supreme Court, thousands of New Jersey DWI cases are now in limbo. As reported previously on this blog, the Alcotest is headed to the Supreme Court to determine its reliability in measuring blood alcohol content (BAC) levels. In the meantime, thousands of convicted or charged drunk drivers’ cases have been stayed, with these drivers free to drive until the Court passes down its decision.

Though many would argue that having drivers who have been accused of DWI on the road is a public danger, they are forgetting the presumption of innocence that is at the core of the United States justice system. For those accused of DWI, the Supreme Court’s decision is eagerly awaited and even is providing them with much-needed time in which to strengthen their legal defense and prepare for New Jersey DWI proceedings. You can bet that it’s a good time to seek out the right partner to help defend you in court – and potentially protect your reputation, your job, your personal freedom, and your pocketbook.

The legal system depends on the Supreme Court to pass down verdicts that are the result of reasoned argument and fair analysis. We’re hoping that Alcotest is found to be unreliable so that New Jersey can move toward a system that is fair to drivers and that truly protects our roads. False arrests or arrests made on insufficient or flawed evidence are in gross violation of the tenets of the legal system we stand for, and we’re waiting for clarification so we can continue to do what we do best – defend our valued clients with the help of watertight legal strategy and years of experience.

Have you been accused of DWI? Contact us today for information on how Lependorf & Silverstein can help. Phone consultations are completely confidential and free of charge.

Posted by Lependorf & Silverstein | Permalink | Email This Post

Posted In: DUI DWI Drunk Driving

Bookmark:

You may remember our previous post on a New Jersey Municipal Court judge who found himself on the wrong side of the law in November has pleaded guilty to driving while intoxicated (DWI) and making threats to an officer. George R. Korpita was pulled over by a Roxbury policeman after a concerned motorist called the police. When given a breathalyzer test, Korpita blew a whopping 0.22 percent blood alcohol content (BAC), well over the New Jersey limit of 0.08. Not content to cooperate with the officer, Korpita apparently threatened to rule against the police officer whenever he appeared before him on the bench. These threats resulted in criminal charges in addition to the DWI accusation.

Though Korpita was able to broker a plea agreement with law enforcement to avoid serving time in jail, he will not get off easily. He will serve three years of probation, suffer from a one-year license suspension, give up his current position and any future public office, have to take random drug and alcohol evaluations, and perform 100 days of community service. In addition, his actions will be reported to professional groups like the Committee on Judicial Conduct and Board of Attorney Ethics.

Continue reading "New Jersey Judge Faces Heavy Consequences in DWI Case" »

Posted by Lependorf & Silverstein | Permalink | Email This Post

Posted In: DUI DWI Drunk Driving

Bookmark:

The incident sounds outrageous, but injury is now a devastating reality for one man, who suffered a severed leg and a broken leg after he was hit by a woman who was driving under the influence, talking on a cell phone, and speeding. Carlos Varela, who works for Roselle Suburban Sanitation, was hit by Dawn Davis, who pinned him to her truck. The impact of the crash caused one leg to be lost, and both driver and victim are now in intensive care at Jersey City Medical Center.

Davis, who had been drinking, will be charged with aggravated assault with a vehicle, DWI, speeding, talking on a cell phone while driving, improper passing, reckless driving, and driving uninsured. This laundry list of charges demonstrates how criminal charges can often complicate DWI proceedings. In addition to the normal fines and consequences for a New Jersey DWI, Davis faces jail time for aggravated assault. Her long-term employment prospects could be dashed, not to mention an almost guaranteed huge increase in her insurance premiums.

One can only hope that Davis has chosen a competent, experienced, and compassionate New Jersey DWI lawyer. No matter how egregious the circumstances of a DWI-related crash, every person deserves professional counsel to help advise them on legal matters, navigate the New Jersey DWI system, and protect their personal rights. In addition, the right DWI lawyer can also navigate criminal charges, dramatically increasing the likelihood that their client will stay out of jail. Plea bargains, negotiation, and lowered charges are only some of the options for a person accused of a DWI and other crimes who hires a professional to take charge of their case.

Have you been involved in a DWI incident? Don’t take your chances and go into this complex legal situation alone. Instead, think twice and call the professionals at Lependorf & Silverstein today. We have what it takes to defend you in a DWI case – and phone consultations are free and confidential.

Posted by Lependorf & Silverstein | Permalink | Email This Post

Posted In: DUI DWI Drunk Driving

Bookmark:

Police arrested Municipal Court Judge George Korpita Jr, recently in Roxbury on charges of drunk driving. According to an online article that appears on the Star-Ledger’s Web site , Korpita, 47, a resident of Lake Hopatcong, was in the Ledgewood section of Roxbury Township, driving in a black Chrysler sedan on Route 46 West, when authorities stopped him.

Police were responding to an earlier report of a car that would not move past a traffic intersection in the township, though the lights had changed many times, when they located the matching sedan being driven by the Judge. Korpita, who has jurisdiction over Victory Gardens, Dover and Rockaway Borough, was then arrested and charged for driving while being impaired and also for careless driving, the article stated.

This case adds to the list of legal issues that Korpita is facing. Earlier, in August, a Dover securities broker, Warren Hartzman, filed a federal lawsuit against Korpita for $5 million. The lawsuit alleges the judge had abused his power and had Hartzman wrongfully imprisoned over a May incident that occurred in the Cafe Navona restaurant’s parking lot. The dispute happened when Hartzman reportedly scratched Korpita’s Maserati sports car by leaning against it.

To name some of the things first on the line when one is accused of a DUI, are career, family, the license to drive and the expenses involved. Korpita’s case is a classic example of how no one is above the law and how a public official is affected by such an arrest. There is no doubt his credibility, standing and reputation are at stake.

With so much at stake, the decision of choosing an experienced attorney who’ll help fight your DUI charge becomes significant. At Lependorf & Silverstein, we realize dangerous drunk drivers must be kept off the road. But we also know from experience many of the drivers stopped for DUI are wrongfully arrested by police officers, based on flawed science and largely subjective decisions. We will sift through all the evidence, conduct our own investigation and secure the best result for you. Call us now for a free consultation.

Posted by Lependorf & Silverstein | Permalink | Email This Post

Posted In: DUI DWI Drunk Driving

Bookmark:

A 51-year-old Haskell woman, who is facing drunk driving charges in connection with a fiery crash that killed a New York couple on Aug. 19, is now facing vehicular homicide charges, according to a news report in the New Jersey Herald . Officials said Kathleen Sullivan was under the influence of alcohol when she caused a chain reaction crash that send Keey and Cynthia Felski’s Ford Explorer airborne and injured the couple fatally.

Among the many charges Sullivan is facing are second-degree vehicular homicide, five counts of assault by auto causing bodily injury, the article stated. If convicted she faces a maximum prison term of 10 years. The Felskis were reportedly returning home to Brooklyn and were passing through New Jersey after dropping off their daughter at Syracuse University.

Continue reading "New Jersey Woman Faces Vehicular Homicide Charge In Five-Car Wreck" »

Posted by Lependorf & Silverstein | Permalink | Email This Post

Posted In: DUI DWI Drunk Driving

Bookmark:

A police officer in Plainfield is in trouble after he reportedly crashed into two other vehicles while he was driving drunk on the highway. According to a news report in the The Star Ledger 38-year-old Rodney Sanders has been charged with third-degree assault by auto in the July 31 incident. Officials say his blood alcohol level was almost thrice the legal limit.

According to the news report, the officer was driving a 1999 GMC Yukon Denali on the highway when he struck the rear of a pickup truck. Police reports say that as Sanders then tried to pass that truck, he hit another car. Drivers of both cars struck by Sanders were injured and one of them was seriously injured. Sanders, who was not seriously injured, refused medical services on the scene. But he failed field sobriety and breath tests, the news article states. He was then arrested and charged with driving while intoxicated. Sanders’ blood alcohol level was reportedly 0.23 percent. The legal limit in the State of New Jersey is 0.08 percent.

Continue reading "New Jersey Cop Charged With DWI And Assault By Autos" »

Posted by Lependorf & Silverstein | Permalink | Email This Post

Posted In: DUI DWI Drunk Driving

Bookmark:

Some interesting news for DWI defendants was released today: A scientific study shows that lengthy license suspensions, heavy fines and jail time do not deter intoxicated driving. The study, led by Alexander Wagenaar of the University of Florida’s College of Medicine, will be published in the August issue of the medical journal Alcoholism: Clinical & Experimental Research.

In one of the largest studies on this subject, Wagenaar and his colleagues examined intoxicated driving over 26 years in 46 states. They were interested in whether common penalties for a DWI/DUI arrest affected rates of fatal crashes. The conclusion, which we are sure will not surprise New Jersey DWI attorneys: Post-conviction license suspensions, jail time and fines all have next to no effect on the rate of fatal car wrecks. It makes sense. After all, who thinks about that sort of legal minutiae when making daily decisions? It’s only after a DWI arrest that many of our clients learn how steep the penalties are.

So what does work? According to the study, laws mandating that an intoxicated driver’s license be taken away on the spot work. Again, this makes sense: A driver who tests positive for alcohol now is a threat now, not in eight months. And New Jersey, of course, is one of just nine states that don’t have such a law. In short, New Jersey’s DWI laws don’t work, but they still have permanent, serious and harsh consequences for convicted drivers. These include thousands of dollars in fines and fees, license suspension, possible jail time and more -- not to mention a steep rise in auto insurance costs. And that’s not even counting the costs of not being able to drive, which can seriously cripple a person’s ability to work, take care of kids and perform other routine tasks of life.

Continue reading "DUI Research and Studies" »

Posted by Lependorf & Silverstein | Permalink | Email This Post

Posted In: DUI DWI Drunk Driving

Bookmark:

Virginians are getting a taste of some of the disproportionately harsh fees that New Jersey drivers have endured for years under our "auto insurance surcharge" program, and they do not like it. A new "abusive driver fee" law, modeled after our own law and intended to raise revenues, took effect in Virginia on July 1 and was almost instantly greeted with a chorus of protests, due to the steep increase in the costs of many ordinary traffic violations, and the fact that the fees don't apply to drivers who live outside the state. The law has already been challenged in court, and it's a hot topic on Internet message boards, talk radio, and undoubtedly in bars and coffee shops around the state. In fact, Virginians are so angry about their new "abusive driver" fees that the governor and the state legislature have already -- less than a month after it took effect -- promised to change the law.

Like New Jersey, Virginia established the surcharge for a specific set of serious traffic offenses: No license, no insurance, too many points on a license, and drug and alcohol violations. Like New Jersey, Virginia assesses the surcharge over a three-year period -- the lowest surcharge, which is for driving on a suspended license, will cost violators $250 a year over three years, for a total of $750 -- in addition to other fees. Unlike New Jersey, Virginia had to limit their law to residents of the state because they didn't have a practical way to collect from out-of-staters that was allowable by state law. As this article was quick to point out, criminal defense lawyers believe this may be a violation of the United States Constitution's guarantee of equal protection under the law. We'd add that it also unfairly balances the state budget on the backs of drivers, and gives judges no discretion to dismiss a case because of financial hardship or factual innocence.

Continue reading "Auto Insurance Surcharge" »

Posted by Lependorf & Silverstein | Permalink | Email This Post

Posted In: DUI DWI Drunk Driving

Bookmark:

As everybody in America must know by now, Lindsay Lohan was arrested for driving under the influence and cocaine possession in Los Angeles around 2 a.m. on Tuesday, July 24. What caught our eye is the report, on celebrity gossip site TMZ.com, that she cooperated with the police in every way except for refusing to submit to a preliminary alcohol screening device -- such as a breathalyzer -- at the scene. In California, that’s not illegal for drivers over 21. In fact, it may be a good idea, because these devices are often inaccurate and there is no legal penalty for politely refusing to take the test. Unfortunately, in New Jersey, those who refuse a breathalyzer do face legal penalties: If convicted of driving under the influence, their licenses will be suspended for at least seven months.

In New Jersey, a second DWI offense would put Lohan on the hook for at least 48 hours’ worth of jail time but no more than 90 days, none of which may be served with probation; 30 hours of community service; and $1,200 to $1,700 worth of fines, charges and fees, plus three years of $1,000 DMV surcharges, for a total of almost $5,000 (not counting the higher auto insurance rates she would face). More importantly, Lohan’s license would be suspended for at least two years, and she may have to have an ignition interlock device -- a machine that tests a driver’s breath for alcohol before allowing the car to start -- put onto her vehicle for three years. (This is all in addition to the potential penalties for her cocaine possession charge.) Maybe that’s not a big deal to a movie star, but for the average New Jersey driver, the financial penalties alone would be a nightmare. Not to mention the two-year license suspension, which can also put a family in serious financial trouble if alternative transportation isn’t easy to find. And then there’s the stigma of being a convicted drunk driver for the rest of your life, even years after you’ve finished paying the penalties.

Continue reading "Lohan DUI" »

Posted by Lependorf & Silverstein | Permalink | Email This Post

Posted In: DUI DWI Drunk Driving

Bookmark:

After a media circus worthy of three rings, scattered socialite Paris Hilton is back behind bars. But as pundits rail against the media hype surrounding her imprisonment and gossip rags speculate on her daily activities in jail, what's a lawyer's take on the Hilton hoopla?

Civilians may be up in arms about the judge/sheriff showdown that landed Hilton back in jail after a brief bout with freedom, but lawyers are wondering how this mess could have been avoided in the first place. Hilton's repeat DUI offenses, ignorance of her own driver’s license status and failure to appear in court signify a serious breakdown in attorney-client communication. Hilton was first arrested on a DUI charge in September 2006. She pleaded no contest to this offense and was given three years’ probation. Hilton signed paperwork acknowledging that her license had been suspended; however, in February 2007 she was pulled over for driving without headlights and taken off probation.

However, Hilton’s sins didn’t stop there – she failed to sign up for a mandatory alcohol education course and racked up several traffic violations on a suspended license. Had she played it safe after her DUI conviction and acted on the advice of counsel, it is possible that she would not have violated probation and been essentially held in contempt of court. A responsible DUI lawyer knows that failures to appear or follow court orders are to be avoided at all costs – and knows how to convey that information to a client. Open communication between attorney and client can not only lead to legal strategies that provide winning solutions in DUI cases – they can also prevent imprisonment, hefty fines and other repercussions for those accused of DUI violations. We may never know the true story about communication between Hilton and her attorneys, but we can predict that in the future, Paris will have her lawyer on speed-dial.

If you have been charged with drunk driving, please call today for a DUI case evaluation with an experienced New Jersey criminal defense attorney.

Posted by Lependorf & Silverstein | Permalink | Email This Post

Posted In: DUI DWI Drunk Driving

Bookmark:

Individuals who are charged with a third time DWI violation in the State of New Jersey face severe penalties if convicted. Most problematic is a mandatory term of imprisonment of not less than 180 days in a county jail or workhouse, and a required forfeiture of the right to operate a motor vehicle in the state for ten years. Other mandatory fines and penalties also apply.

On February 23, 2007 the New Jersey Appellate Division ruled in State v. Hammell, that third-time DWI offenders who are subject to the mandatory 180 days in jail can not choose to serve that time in the non-custodial Sheriff’s Labor Assistance Program (“SLAP”) in lieu of their jail time. SLAP was first introduced in the State of New Jersey in Morris County in 1986. It is an alternative to prison. It permits individuals sentenced to jail to serve their time on weekends through sheriff-supervised community service. SLAP eligible individuals spend their weekends at sites all over the state performing supervised tasks such as painting buildings, picking up trash, and cleaning up parks. Importantly, the program allows defendants to keep their Monday through Friday jobs and to continue to live with their families. It is much less disruptive to one’s life than having to spend 180 consecutive days in prison.

Unfortunately, State Courts are so focused on curbing drunk driving in the state, that work release as an alternative sentence for third time DWI offenders is not permitted. This makes it very important for individuals who are unfortunate enough to be charged with a third DWI to retain an attorney who can fight the charge vigorously. The penalties are too stiff if convicted. Please contact the drunk driving defense lawyers at Lependorf & Silverstein, P.C. if you have been charged with a DWI in the State of New Jersey. The DWI defense lawyers at Lependorf & Silverstein, P.C. will fight on your behalf to keep you home with your family. Please call Lependorf & Silverstein, P.C. for a free case evaluation today.

Posted by Lependorf & Silverstein | Permalink | Email This Post

Posted In: DUI DWI Drunk Driving

Bookmark:

A New Jersey Appellate Division Court has recently ruled, in the case of State v. Renshaw, A-0712-05T1, that the right of confrontation, protected by the Sixth Amendment to the U.S. Constitution, is applicable to DWI cases where a prosecutor seeks to offer evidence of an elevated blood alcohol content level through the use of a Uniform Certification. Following the DWI arrest, the defendant was taken to a nearby hospital where a registered nurse drew blood from the defendant and submitted the sample to the State Police laboratory for testing. The test result showed a BAC level of .14 in both vials of blood. Defendant Renshaw was found guilty of DWI at the Municipal Court level largely because the Judge allowed the prosecution to offer evidence of an elevated blood alcohol content level through the use of a Uniform Certification. The defendant’s attorney was not permitted to cross examine the nurse who drew the blood. Rather, the attorney was forced to allow the laboratory test result into evidence.

On appeal, the defendant argued that an opportunity to cross examine the nurse who draws blood in these types of cases could show blood samples to be contaminated or improperly drawn. For instance, the wrong type of swab could be used prior to drawing the blood, thereby contaminating the sample. The higher Court agreed with the defense attorney and overthrew the conviction. Importantly, the higher Court ruled that the right to cross examine nurses who draw blood does not exist when “a defendant consents to the admission of the certificate and agrees to waive the opportunity for cross-examination.” If you have been charged with a DWI in the state of New Jersey, it is important to consult an attorney to review every detail of your case. The evidence against you is subject to many constitutional protections that can be used to help fight the DWI summons. Contact the firm of Lependorf & Silverstein, P.C. for a comprehensive review of your case. The penalties associated with a DWI ticket in New Jersey are too severe not to speak with a Lependorf & Silverstein, P.C. attorney, experienced in DWI matters.

Posted by Lependorf & Silverstein | Permalink | Email This Post

Posted In: DUI DWI Drunk Driving

Bookmark:

On February 13, 2007 a special master who had been appointed by the New Jersey Supreme Court ruled that the Draeger Alcotest 7110 machine that is used in most municipalities in the state of New Jersey is scientifically reliable. The ruling ended much speculation about how state Municipal Courts would handle DW