New Jersey Criminal Defense Blog

An off-duty New Jersey State Police sergeant has been charged with drunken driving after being involved in a two-vehicle collision on December 17, 2009 in Allamuchy Township. According to a lehighvalleylive.com article, the 45-year-old sergeant from Sussex County is suspended from duty at the Hope Township station without pay until the investigation is complete.

In addition to charges for driving while under the influence of alcohol, the man is also being charged with refusing to submit to an alcohol breath test, failing to report an accident with injuries, and leaving the scene of an accident. At the time of the article’s release, information was not provided regarding who endured injuries or how severe those injuries were.

When an individual is charged with DUI or DWI on top of other offenses, several complex legal issues may arise and a person’s reputation may never be the same. Being accused of drunken driving in New Jersey can bring about serious consequences, such as lengthy jail time, steep fines, driver’s license suspension, becoming unemployed, and much more. However, with skilled legal counsel on your side, you may be able to have the charges against you reduced or even dismissed completely.

Continue reading "Drunken Driving Charges against New Jersey State Police Sergeant" »

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Contrary to what many New Jersey residents may believe, a motorist may face charges for driving while impaired (DWI) if he or she is suspected of operating a vehicle while under the influence of legally prescribed drugs or over-the-counter medication. A more obvious point is that a driving while impaired charge in New Jersey also applies when illegal drugs are involved. And depending on the type of illegal substance, a person’s criminal history, age, and if any other illegal drugs are in a driver’s possession, additional charges may be filed against him or her.

Motorists should be aware of the potential side effects of a prescription drug or over-the-counter medication. Some of these reactions may include drowsiness, nausea, excitability, sight-related issues, or impairment of motor functions, all of which may affect a person’s ability to operate a vehicle. Also, an individual may experience these effects if a certain medication, whether over-the-counter or prescription, was mixed with alcohol or illegal drugs.

Continue reading "Understanding Driving Under the Influence of Drugs in New Jersey" »

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There are many gatherings and events to look forward to during the holiday season. However, coming upon a DWI checkpoint is not one of them. According to a Daily Record report, after receiving a DWI Enforcement Grant from the New Jersey Division of Highway Safety, the Morris County Prosecutor’s Office implemented DWI checkpoints during Thanksgiving and will do so throughout the holiday season to conduct DWI checkpoints with municipal police departments at different Morris County locations.

The Division of Highway Safety will use this opportunity to educate motorists about the consequences of driving while impaired. When stopped at the DWI checkpoints, drivers will be given pamphlets describing the repercussions of impaired driving in addition to being told by law enforcement that first-time offenders may lose their driving privileges for up to seven months and face fines, insurance surcharges and legal fees amounting to as much as $15,000.

In discussing the reasons for conducting DWI checkpoints, New Jersey’s Division of Highway Safety’s website says the following: “Although every year 1.5 million impaired drivers are arrested, only one arrest is made for every 772 occurrences of driving under the influence of alcohol. Repeat offenders account for a high number of alcohol-related crashes.”

Continue reading "Holiday DWI Checkpoints Scheduled Throughout Morris County" »

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According to an abclocal.go.com article, a man received a sentence amounting to eight years in prison for driving while under the influence of alcohol and causing the death of a 31-year-old police officer. The 25-year-old man pleaded guilty to vehicular homicide in June for last summer’s accident that took place in Woodbridge. At the time of the collision, the officer and another law enforcement official were transporting a prisoner to the Middlesex County Correction Center.

The report mentioned that during his sentence hearing on September 17, 2009, the man said that every day he “thinks about his stupid decision to drink and drive and the lives he ruined.” He seemed remorseful as he cried and asked for forgiveness.

The wife of the deceased police officer said that she thought the man’s sentence was fair, stating, “I know someday I will be able to forgive him.”

As this case demonstrates, the penalties for drunk driving can be very severe, especially in incidents where another person is killed because of the accident. Although these cases are indeed tragic, not everyone charged with DWI or even vehicular manslaughter is guilty. If you find that you are facing charges of driving while intoxicated, your future may contain a lengthy prison sentence, hefty fines, and many other negative consequences. That is why it is absolutely imperative that you retain the services of an experienced New Jersey DWI defense attorney that will work to achieve the best possible outcome for your case.

Continue reading "Man Sentenced to 8 Years for Vehicular Manslaughter" »

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Posted In: Criminal Defense , DUI DWI Drunk Driving , Traffic Offenses

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Many residents believe that you have to be arrested for driving under the influence to have your driver’s license suspended in New Jersey, but this is not so. It is true that a DWI conviction will most likely result in driver’s license suspension among other consequences; however, a person’s driving privileges can be taken away for a variety of other reasons in New Jersey.

Aside from driving under the influence, if you have accumulated 12 or more points on your driver’s license from violating motor vehicle or traffic regulations, then your license may be suspended. Not only do these violations cost you money for the fines they impose, but the duration of your suspension highly depends on the amount of time between offenses and the exact number of points that you have. If you are determined to be a habitual offender, you could lose your driving privileges for up to three years. Do you think that parking violations can be ignored? Think again. A municipal court or the DMV can suspend your license for failure to pay any parking fine or failure to appear at a related hearing’s scheduled court date.

Economic circumstances commonly cause driver’s license suspension for failure to pay child support or insurance surcharges. If a suspension granted for failure to pay child support will impose drastic problems on a parent, employees, or other dependents, then a twelve-month payment plan may be made available.

Continue reading "Learning More About Driver's License Suspension in New Jersey" »

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Posted In: Criminal Defense , DMV License Suspension , DUI DWI Drunk Driving , Legal Information , Traffic Offenses

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Due to pending DWI charges in Wayne and Riverdale, the attorney of a 40-year-old man with at least 12 drunken driving convictions and 78 suspended license violations has presented the request to have the two cases transferred to Morris County to be resolved at the same time as a June 30th offense that injured two people. The Morris County Assistant Prosecutor’s office is reviewing the request and a new court date has been set for August 28.

The Bergen County man in this case pleaded guilty to driving drunk in the June 30th head-on collision in which he is reported to have had a blood-alcohol level of .2888, more than three times higher than the legal limit of .08.

According to an article, the prosecutor’s office will seek the maximum penalty for the guilty plea amounting to two and one-half years, including 18 months in state prison for assault by auto, 90 days as an enhanced penalty for driving while suspended, 180 days for drunken driving, and 180 days for driving with a suspended license. Considering the man’s Riverdale and Wayne DWI charges, if he decides to plead guilty, he could be given an extra year in prison or 6 months on each of the violations.

Continue reading "New Jersey Drunk Driving Sentence Delayed for Man with 12 DWI Convictions" »

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The Governors Highway Safety Administration announced in a report on August 19, 2009 that multiple states will be participating in the national “Drunk Driving. Over the Limit. Under Arrest.” program. The program aims to better regulate drunk driving during the Labor Day holiday period, discouraging vacationers from driving under the influence and posing serious risk to all other motorists on the road. Law enforcement will begin their concentrated effort on August 21 and end on September 7 to help combat what is often referred to as our nation’s most fatal crime, with 11,000 alcohol-impaired deaths having occurred in 2008.

Given that August and September are considered the most deadly periods on the road by the Insurance Institute for Highway Safety, saturation patrols, sobriety checkpoints, a $13 million national media campaign, and state-funded advertising will all contribute to the drunk driving crackdown.

One of the main focuses of the campaign’s awareness will be on female drivers, who have become a growing group of drivers arrested for driving under the influence of alcohol or drugs. New Jersey is among one of many states that has noticed this trend. In examining 56% of the country, the amount of women arrested for DUI was 28.8 percent higher in 2007 than in 1998, while the number of men arrested actually experienced a 7.5% decrease.

Continue reading "National Program to Fight Against Drunk Driving" »

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An assistant prosecutor for a New Jersey county has been accused of drunk driving near his home in Bethlehem. According to a report, the arrest occurred when firefighters were tying to put out a burning vehicle and the man changed lanes to pass a tow truck running over a fire hose. The assistant prosecutor reportedly failed three field sobriety tests. Officials say his preliminary blood alcohol level was 0.08 percent. The prosecutor is continuing on the job. His office, meanwhile, has opened an internal investigation.

It is illegal in the state of New Jersey as well as in most other states to drive with a blood alcohol content of 0.08 percent or greater. The consequences for a DUI in New Jersey are rather severe. Not only can you face jail time, but you may also lose your driver's license, which in turn could jeopardize your job and your career. If there was any aspect of your case that can be legally challenged, then you have the right to avoid these harsh penalties.

Continue reading "Assistant Prosecutor in New Jersey Charged with DUI" »

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Stand-up comedian Artie Lange has pleaded not guilty in court to one charge of New Jersey DUI, according to this UPI news report. Lange, who gained celebrity with "The Howard Stern Show" and "MADtv" was arrested after he was involved in a rear-end car accident. Police officials say in the news report that there was no indication Lange was under the influence of illicit drugs at the time of the incident. Lange has denied that he was drunk or under the influence of drugs at the time. He says he had only taken a prescribed antidepressant at the time. Lange reportedly sought treatment last year for an alleged long-term addiction to drugs.

This story is a little confusing because it is not clear why Lange was arrested in the first place if there was no indication that he was under the influence. What was the probable cause here? An individual's former addiction or history certainly should not play a role in an arrest. Any officer who arrests an individual on suspicion of DUI or DWI in New Jersey is required to take that particular incident into account and make an objective assessment of whether the individual became involved in an accident because of DUI or because they simply made a mistake.

Continue reading "Comedian Artie Lange Arrested for DUI" »

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New Jersey DWI charges can have serious consequences on our lives. New Jersey DWI defense attorneys know and understand the penalties and expenses that DWI charges bring. When driving under the influence involves accidents, injuries or death, the charges can be even more severe.

For example, a 22-year-old New City man is facing second-degree New Jersey assault charges because after officials say he drove by a stop sign in a school zone and failed to yield, he crashed into the driver's side of a sedan. According to this news report, the driver of that car was taken to the hospital in critical condition. Officers at the scene determined that the driver was drunk and drew a blood sample to determine his blood alcohol content.

New Jersey law (N.J. S.A. 2C:12-1) states: "A person is guilty of assault by auto or vessel when the person drives a vehicle or vessel recklessly and causes either serious bodily injury or bodily injury to another."

Continue reading "New Jersey DWI and Assault Charges" »

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New Jersey State Senate President Richard J. Codey has proposed imposing stiffer penalties on repeat drunk driving offenders. According to this news report in the Daily Record, Codey filed a package of bills in the Legislature recently including one bill that would make it a fourth-degree crime to drive under the influence while already suspended for a DUI conviction. These bills basically call for stiffer penalties for repeat New Jersey DUI offenders who have a blood alcohol content of 0.20 or higher. In New Jersey, it is an offense for adults 21 or over to drive a motor vehicle under the influence of alcohol and with a blood alcohol content (BAC) of 0.08 percent or higher.

The other aspect of Codey's proposal is that it would lead to jury trials only for those charged with DUI while already suspended for DUI. Convicted offenders would face between six months and a year in jail and face fines of up to $10,000, according to Codey's proposal. Another bill calls for mandatory jail time of at least 180 days for those convicted with a BAC of 0.20 if they had been convicted of another DUI in the past five years.

This is only a sampling of the proposed new NJ DUI laws. If these bills pass, DUI offenders in New Jersey are looking at an increased prospect of lengthy jail time and brutal fines with less of an opportunity for the case to go to a jury trial. So if you are innocent and have been charged with drunk driving, there is less of a chance that you could be acquitted by a jury because your case simply may not be going to trial.

Continue reading "Stiffer Penalties for New Jersey Repeat DUI Offenders Proposed" »

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A 33-year-old New Jersey man, who was already wanted on a driving while intoxicated charge (DWI), was arrested for another drunk driving charge, this time charged with aggravated driving while intoxicated with a blood alcohol level above 0.18 percent and third-degree aggravated unlicensed operation, according to this news report. Both these charges are misdemeanors. The man was also charged with traffic infractions and unsafe driving. A sheriff's officer apparently saw the suspected drunk driver driving erratically down the street when he made the traffic stop.

The consequences of a New Jersey DWI charge usually involves possible jail time, a heavy fine and driver license suspension. In New Jersey, fines for drunk driving on a first offense can range from $250 and $1,000. For a first time offense, the license will usually be suspended for seven to twelve months. For a second offense, your license can be suspended for two years, and for a third offense it can be 10 years. These consequences can have a significant impact on your life including social stigma, financial problems and loss of your job.

Continue reading "Man with Pending DWI Charge Arrested Again for Driving While Intoxicated" »

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A New Jersey Appellate Division panel of Judges ruled on July 1, 2009 that in New Jersey there is no requirement that the standard DWI statement be translated into Spanish or any other foreign language for the benefit of defendants. However, the Court’s ruling contained a recommendation that New Jersey’s Motor Vehicle Commission consider, prospectively, having the standard New Jersey DWI statement “translated into Spanish and perhaps other prevalent foreign languages.” In the case of State of New Jersey v. German Marquez, the defendant rear ended another vehicle in Plainfield, New Jersey on the night of September 27, 2007. The defendant, who speaks Spanish and neither speaks, reads, nor understands English, was taken into custody following the incident. The arresting officer read in English to the defendant the standard, eleven paragraph statement, regarding the mandatory nature of the breath test and the penalties for refusing the breath test. Following the reading of the statement, the defendant replied in Spanish, “No entiendo,” which means, “I do not understand.” The defendant refused the breath test and was charged with N.J.S.A. 39:50.2 refusal to submit to a breath test.

The Trial Judge found the defendant guilty. During the trial for the alleged DWI offense in New Jersey, the prosecution acknowledged the undisputed language barrier, but maintained the State has no duty to translate. In his ruling, the Judge found the language barrier to be “immaterial.” The Appellate Division panel of Judges affirmed the lower courts guilty finding by opining that, “In procuring his New Jersey driver’s license and in operating his automobile on our public roadways, defendant provided his advance consent to submit to a breath test.” The Court also made the point that the New Jersey license exam can be taken in Spanish and that the Motor Vehicle Commission manual is available in Spanish. Also, the manual contains a section devoted to drunk driving laws and the refusal to submit to a breath test law.

Continue reading "New Jersey DWI – Translation Requirement" »

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A New Jersey man has been arrested on aggravated assault and DUI charges after he reportedly hit a woman in the face during an argument in Phoenixville, the Phoenixville News reports in an article. Kyle Logan Deturk, 29, of Crambury, New Jersey, is being charged with aggravated assault, recklessly endangering another person, disorderly conduct, driving under the influence of alcohol or controlled substance, higher rate of alcohol (.10 to .16), simple assault and harassment. Officers did not conduct a field sobriety test because of the weather. Deturk reportedly submitted to a blood test.

DUI in New Jersey is a serious offense. As in all states, it is illegal to operate a motor vehicle under the influence of alcohol or controlled substances or with a blood alcohol level of 0.08 percent or more. In New Jersey, assault charges include simple assault, aggravated assault and assault by vehicle or other vessel. Simple assault charges may involve a defendant who knowingly caused bodily harm or put a victim in fear of imminent bodily harm. New Jersey aggravated assault charges involve causing serious bodily injury or attempting to use a deadly weapon to cause bodily harm. Harassment may be charged if the defendant is kicking, shoving, threatening or making repeated attempts to aggravate or annoy the victim.

If you have been charged with drunk driving, assault or harassment in New Jersey, please contact the experienced New Jersey criminal defense lawyers at Lependorf & Silverstein to find out more information about your legal rights and options. We will independently investigate your case and strive to obtain the best possible result in your case. Please contact Lependorf & Silverstein for a free consultation.

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A recent New Jersey Appellate Division Court ruled in the case of Sate v. Putz, that the State has to prove a defendant’s intent to drive in order to prove the elements of a DWI. Merely sitting in the driver’s seat with the engine idling and the parking brake off is not enough. This decision is significant and departs from the Court’s usual tendency to enforce DWI charges in New Jersey if there is even slight evidence of one’s intent to drive. In this case, the defendant was found by a police officer fast asleep in his driver’s seat in front of his girlfriend’s farm at 2:00 a.m. His engine was running and his parking brake was off. His blood-alcohol content was found to be well above the legal limit.

The trial court judge convicted the defendant of the DWI charge. The Appellate Court, however, reversed. Although it is common for courts to infer operation, and this case would have required an inference that the defendant had operated his vehicle, the Court reasoned that this defendant’s intent to operate his vehicle had “long since dissipated by the time of the arrest.” That is because he had fallen asleep in his car and had been sleeping for some time prior to the officer’s arrival.

The Court in this case relied on a New Jersey Supreme Court case that was decided in 1973 entitled State v. Daly. In the Daly case a driver was found asleep behind his steering wheel in the parking lot of a bar. When questioned by investigating officers the defendant indicated he was too intoxicated and had decided to “sleep it off” in the parking lot. It was a cold night so the defendant had turned his engine on and off during the course of the night for warmth. The Supreme Court found in favor of the defendant and ruled the State could not prove his intent to drive. The prosecution in Sate v. Putz attempted to distinguish the case by pointing out that in the Daly case the driver’s seat was fully reclined which indicated an intent to sleep rather than drive, whereas in the Putz case the seat was not reclined. The Court was not persuaded by this argument.

It is clear that “operation” cases are very fact specific. If you have been charged in the state of New Jersey with a DWI, there are many types of defenses you can present in an effort to beat the charges. At the Princeton, New Jersey law firm of Lependorf & Silverstein, we can evaluate the facts of your case and advise you how best to defend the charges you face. Please contact an attorney at the Princeton, New Jersey law firm of Lependorf & Silverstein to discuss your rights. DWI convictions can lead to a loss of license and possibly even jail time. Contact a DWI attorney at the Princeton, New Jersey law firm of Lependorf & Silverstein and let us fight for you today.

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On March 17, 2008 the New Jersey Supreme Court ruled in a case entitled State v. Chun. This long awaited ruling addresses many issues related to driving while under the influence of alcohol charges in the state of New Jersey. Specifically, the case addressed the reliability of the Alcotest 7110 MKIII-C machine. The Court set certain guidelines that must be followed in order for an Alcotest’s blood alcohol reading to be admissible during a DUI trial. One such guideline involves the recalibration requirements of the Alcotest machine. Prior to Chun, the machines needed to be recalibrated on an annual basis. The Chun ruling now requires recalibration semiannually.

A recent New Jersey Appellate Court Panel of Judges ruled that the new recalibration requirement following Chun is to be applied prospectively only. Therefore, all Alcotest tests that were administered before the Chun ruling are subject to the annual recalibration requirement, while all Alcotest tests that were administered after the Chun ruling are subject to the semiannual recalibration requirement. The Appellate Court reasoned that had the Supreme Court intended to apply the semiannual recalibration requirement to cases that were being held pending the Chun decision, it would have specifically addressed this issue in the Chun opinion. And this issue was not addressed.

If you have been charged with driving while under the influence of alcohol charges in the state of New Jersey, there are many defenses that you can use in an attempt to overcome this serious charge. Often, a successful defense will lead to a complete dismissal of the charge. Sometimes the charge will not be dismissed outright, but can be lessened in severity. The dui attorneys at the firm of Lependorf & Silverstein have experience in defending dui charges. We can assess your charges, review the evidence the state has against you, and help you fight these serious charges.

A dui charge in the state of New Jersey can lead to a loss of license and perhaps even jail time. If you have been charged with a dui in New Jersey, contact an attorney at the law firm of Lependorf & Silverstein today to discuss your rights and potential defenses

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A New Jersey woman faces charges of driving under the influence of drugs, child endangerment and reckless driving after she ran a red light and weaved onto the wrong side of the road, according to this news report in The Intelligencer. Police say 24-year-old Laura A. Krimmel was high on heroin and other drugs while having her 4-year-old daughter in the vehicle at the time. A witness apparently told police that Krimmel's vehicle drifted twice into oncoming traffic lanes in Upper Moreland.

When an officer approached, he saw Krimmel at the wheel, blood covering her hand and gearshift, and an orange needle top on the seat between her legs, the news report said. Krimmel was also slurring and unable to stand. Officers also collected plastic packets containing heroin from Krimmel's vehicle. Officials also said Krimmel's blood tests showed she had morphine and muscle relaxants in her system. With these multiple DWI convictions, the child has been turned over to her grandparents, officials said.

New Jersey has several laws pertaining to the operation of a motor vehicle under the influence of drugs including prescription drugs, narcotics, controlled substances and over-the-counter medication. If you have taken any drug that you suspect has impaired your ability to drive safely, you should not drive. The consequences of driving under the influence of drugs can include jail, loss of driving privilege and hefty fines. If you have been charged with driving under the influence of drugs, please contact a skilled New Jersey DWI lawyer at Lependorf & Silverstein for a free consultation and case evaluation.

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Drivers who are involved in New Jersey traffic fatality or serious injury crashes would be required to take a field sobriety test under a bill recently introduced in the New Jersey Legislature. According to this news report in the Insurance Journal, Assemblyman Paul Moriarty, who is co-sponsoring the bill, has said that this requirement would help law enforcement officials determine whether or not a driver should be charged with a crime in connection with the auto accident.

Right now, officials can only administer sobriety tests to drivers when there is evidence or a clear suspicion that the driver is under the influence of drugs or alcohol. Examples of such evidence may be erratic driving or the odor of alcohol from the vehicle or the driver's person. This measure came as a response to several incidents where drivers involved in fatal or major injury crashes were not tested for drug or alcohol use.

Victims' families believe that the sobriety tests will help hold drunk drivers who cause these serious accidents accountable for their actions. However, this legislation is cause for concern because drivers could be unfairly subject to such scrutiny. A drunk driving allegation in a fatal or major injury accident could have major consequences for a defendant. If convicted, the defendant would be looking at a lengthy prison sentence. Running sobriety tests – be it field sobriety tests or breathalyzer tests – on a driver without evidence of intoxication is simply not fair.

If you or a loved one has been accused of drunk driving, reckless driving or vehicular manslaughter, please contact an experienced New Jersey criminal defense lawyer at Lependorf & Silverstein for a free consultation. Our aggressive and skilled DUI defense lawyers in Princeton will help you get acquitted or get your charges reduced. Please call us today for your free case evaluation.

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A New Jersey man has been sentenced to more than four years in prison for an alcohol-related car accident that killed a 13-year-old girl. According to this news report, 23-year-old Joshua Nicholas Giarra of Robbinsville pleaded guilty to homicide by vehicle, DUI, recklessly endangering another person and other related charges. The July 26 accident occurred when Giarra, who was driving a Jeep Cherokee at a high rate of speed, ran a red light and crashed into a car killing Hannah Robb of Downington. He was also ordered to pay more than $70,000 to the girl's family in restitution for medical and funeral expenses.

Driving under the influence in New Jersey may be charged as a felony or a misdemeanor. When a DUI auto accident involves major injuries or death, it is usually charged as a felony, which is a more serious crime with serious consequences. In such cases, a defendant can almost be certain that he or she will get prison time if sentenced.

If you have been charged with a serious felony such as DUI, vehicular homicide or vehicular manslaughter in New Jersey, you will be well-advised to retain the services of a skilled New Jersey DUI defense attorney, who will fight aggressively to protect your rights and obtain the best possible result in your case.

Please call an experienced Princeton criminal defense lawyer at Lependorf & Silverstein for a free consultation and case evaluation. We will discuss your case with you and make sure your side of the story is heard and understood. We will strive to get your New Jersey DUI charges dismissed or get your charges reduced. Please call us today for a free consultation.

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Superior Court Judge Mitchel Ostrer of Mercer County held on March 5, in State v. Nagorniak, that the State must prove by clear and convincing evidence that a defendant was observed by a police officer for a minimum of 20 minutes before a breathalyzer test was taken.

Ostrer reversed the Lawrence Township municipal Court’s admission of Alcotest results that convicted Lubomir Nagorniak, finding the state did not meet its burden of proving by clear and convincing evidence that he was observed continuously for 20 minutes. Two officers were alternately watching Nagorniak but one of them could not recall what he saw, the judge found.

“The purpose of this observation is to ensure that the defendant has not ingested or regurgitated substances that would taint the breath sample. (The officer’s) failure of recollection defeated the purpose of the observation,” Judge Ostrer wrote.

This is just one of the requirements that the New Jersey Supreme Court outlined in their seminal opinion in State v. Chun, 194 N.J. 54 (2008). There are other important steps that law enforcement must take in order to properly prosecute a New Jersey DWI case.

If you have been charged with DWI in New Jersey, contact the top criminal defense attorneys in New Jersey at Lependorf & Silverstein. We know the “ins and outs” of the system and can make sure that you are properly represented. Contact us today at (609) 240-0040 for a free consultation.

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A veteran officer in the Lower Township Police Department was charged with driving while intoxicated in New Jersey and hit-and-run after he swerved into an oncoming lane of traffic and sideswiped a Transit Bus on Townbank Road near Bayshore Road. According to an NBC news report, authorities followed scrape marks on the street into a home on Crawford Road and found a pickup truck that had heavy front-end damage. Officer Douglas Whitten was reportedly charged with DWI, leaving the scene of an accident and failure to report an accident. Whitten is apparently a 14-year veteran at his police department.

New Jersey statutes state that no person shall operate a motor vehicle under the influence of alcohol or drugs. As in most states, it is illegal to operate a motor vehicle with a blood alcohol level of 0.08 percent or higher in New Jersey. A DWI charge is serious because it could have serious consequences. If convicted, a defendant can face possible jail time, counseling, classes, suspension or revocation of driver’s license and fines. A DWI conviction can threaten your career if you work in law enforcement or any other profession where it may be considered as grounds for dismissal.

If you have been charged with a DWI in New Jersey, please contact an aggressive and experienced New Jersey drunk driving defense attorney who will fight the charges and protect your legal rights. If you are facing drunk driving charges in New Jersey, please call Lependorf & Silverstein for a free consultation and case evaluation.

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A South River woman was arrested on suspicion of driving under the influence in New Jersey and crashing her car, this news Web site reports. Police arrested 40-year-old Iryna Matviyishyn after a passing motorist called a report that a vehicle had driven off Main Street in Milltown into a tree. The caller also told police that a woman seemed to be running away from the scene of the crash.

Police apparently saw Matviyishyn standing near her blue Volkswagen Passat when they arrived on scene. Officers apparently determined that Matviyishyn was intoxicated and arrested her. Matviyishyn was charged with DWI, refusing to submit to a breath test, reckless driving, driving with a suspended license, consumption of alcoholic beverages inside a motor vehicle, and possession of open containers in a motor vehicle. Officials also say she did not have a proper New Jersey driver’s license.

Continue reading "New Jersey Drunk Driving Suspect Arrested " »

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A teenager has been charged with drunken driving after the car she was driving jumped a curb and crashed into a parked van in Riverdale, according to this news report. The girl, identified as a Wanaque resident, apparently told police that she and her passengers had been drinking at a party and that she figured she was the “least drunk,” and decided to drive.

Juvenile crimes require special defense expertise and an extensive knowledge of juvenile laws. Having your child arrested for an underage DUI can be devastating and a traumatic experience for the entire family. A skilled criminal defense attorney will be able to deal with your case in an efficient and sensitive manner so that you achieve the best possible result in your case.

Continue reading "Wanaque 14-year-old Charged with Drunk Driving" »

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Posted In: Criminal Defense , DUI DWI Drunk Driving , Juvenile Crimes , Legal Information

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Kathryn Thompson, a 44-year-old Runnemede woman, has been charged with driving wile intoxicated after she allegedly struck a pickup truck and a house on January 31, 2009. According to this report in South Jersey News Online, police responded to calls that a car had struck a house in the township’s Glendora section. Thompson had apparently lost control of her vehicle and struck a pickup parked on the side of the road.

The pickup was pushed into a street sign, which in turn punctured a water main. Thompson’s Taurus continued across a front yard until it struck the house. Thompson has been charged with reckless driving, failure to maintain a lane, driving under the influence and use of a controlled, dangerous substance.

Continue reading "Runnemede Woman Arrested on Suspicion of DWI" »

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Posted In: Criminal Defense , DUI DWI Drunk Driving , Legal Information

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The New Jersey Supreme Court has ruled that a person can be stopped on suspicion of drunk driving on the basis of a reliable report that the person was intoxicated. According to a news report in The Star Ledger, the decision was based on a case where a teenager called police and reported that her father had gotten into his car drunk and driven off after an argument with her.

The high court apparently ruled that the police stop was valid in spite of the fact that the officers who arrested the man did not have an independent reason to believe that he was intoxicated. According to reports, the man was not driving erratically. The Superior Court and Appellate Court had concluded that the stop was improper. The New Jersey Supreme Court overturned those decisions by the lower courts.

Continue reading "New Jersey High Court Stirs Up DUI Stop Rules" »

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Posted In: DUI DWI Drunk Driving

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Richard Milligan, 25, a resident of Wilmington, Delaware, was arrested January 10, 2009 and charged with driving while intoxicated, according to this news report. Milligan also received a summons for reckless driving, failure to stop at a stop sign, failure to maintain a lane and for driving an unregistered and uninsured motor vehicle.

Like most other states, New Jersey has a strict 0.08 % blood alcohol level limit when driving. The state also has strict guidelines for repeat offenders, driving under the influence of drugs and underage drinkers. DWI convictions in New Jersey are either proven by field sobriety test results and driving behavior, blood tests, or by breath test results that show a clear violation of the state’s “per se” laws regarding blood alcohol limits.

Continue reading "Man Arrested on Suspicion of DWI in Delaware" »

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In the State of New Jersey, an individual can be charged with a DWI if there is a consumption of legally prescribed or illegal drugs and alcohol which, together, produces a synergistic effect. This is the case even if the impact of either the drugs or alcohol, alone, would not render the defendant intoxicated. In the 1952 New Jersey case of State v. Glynn, the defendant had taken the prescription drug Benadryl and consumed alcohol. The alcohol consumption on its own would not have rendered the defendant over the legal limit, however, the synergistic effect of the alcohol together with the medicine did render the defendant intoxicated and the defendant was convicted of a New Jersey DWI.

When the combined effect of a drug and alcohol impacts a defendant’s mental and physical condition so as to give the appearance of intoxication, officers will usually arrest and charge with driving under the influence. Typically, alcohol breath tests will produce a low BAC level that does not match a defendant’s behavior. Police will then attempt to obtain blood and/or urine samples from the defendant to attempt to determine the presence of legally prescribed or illegal drugs. Most defendants find it hard to believe that you can be taking legally prescribed medication, have a few drinks, and be charged with a DWI. If this has happened to you, please contact an experienced DWI attorney in New Jersey at the law firm of Lependorf & Silverstein, P.C. There are defenses to this type of a charge. Contact the DWI lawyers at Lependorf & Silverstein, P.C. and let our experience with DWI cases go to work for you.

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On December 22, 2008, The New Jersey Supreme Court reversed two lower court decisions that relate to Clifton, NJ police officers who stopped a driver on suspicion of driving while intoxicated in New Jersey based solely on a tip the officers received from the drunk driver’s seventeen year old daughter. The officers were dispatched to a Clifton home to investigate a domestic disturbance between a father and his seventeen year old daughter. Before the officers arrived they received word that the daughter had called the dispatcher to advise that her father had left the home in his black Oldsmobile and that the father, in his daughter’s opinion, was “drunk.” The Law Division and Appellate Division Courts reasoned that a seventeen year old did not have the capacity to distinguish between drunk and sober, and these Courts dismissed the DUI charge finding the officers did not have a “reasonable suspicion” to stop the car.

The New Jersey Supreme Court reversed, stating that in this case the officers had reasonable and articulable suspicion that an offense was being committed. The Supreme Court found the officers had “sufficient information to give rise to the required level of suspicion.” The Court further ruled that the description given by the defendant’s daughter gave the police reason to stop the vehicle.

Ordinarily, anonymous tips alone rarely suffice to establish probable cause. In this case, the tip was not anonymous, but rather came from an individual with specific knowledge. The daughter gave her name and exposed herself to criminal prosecution should the information she provided regarding her father have proven to be knowingly false. Finally, the Court pointed out that in drunken driving prosecution cases, New Jersey Courts often will permit lay opinion testimony to help establish intoxication.

If you have been charged with driving while intoxicated in NJ there are many defenses that can be used to help defeat the charge. The police must have probable cause to make a stop. As this case demonstrates, the term “probable cause” has a specific, legal meaning. Let the attorneys at Lependorf & Silverstein, P.C. work to help you if you have been charged with driving while intoxicated in New Jersey. Contact Lependorf & Silverstein, P.C. for a free consultation today

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During the holiday season, almost all municipalities in the State of New Jersey are more vigilant than ever in trying to arrest drunk drivers. One very common technique that is utilized by municipal police departments during this time of year is what is commonly referred to as a DWI-check point.

In our state, the stopping of a motor vehicle at a New Jersey DWI check point is considered a seizure within the meaning of the Fourth Amendment to the United States Constitution and, thus, it is subject to strict review pursuant to that Amendment. In determining the constitutionality of a roadblock, the following factors must be considered:

1. the degree of discretion, if any, left to the officer in the field;
2. the location designated for the roadblock;
3. the time and duration of the roadblock;
4. standards set by superior officers;
5. advance notice to the public at large;
6. advance warning to the individual approaching motorist;
7. maintenance of safety conditions;
8. degree of fear or anxiety generated by the mode of operation;
9. average length of time each motorist is detained;
10. physical factors surrounding the location, type, and method of operation;
11. the availability of less intrusive methods for combating the problem;
12. the degree of effectiveness of the procedure; and
13. any other relevant circumstances which might bear upon the test.

If you have been arrested for DWI in the State of New Jersey, call an attorney at Lependorf & Silverstein at (609) 240-0040 for a free consultation. There are many factors that must be looked into that a trained eye can discern.

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A Cape May County New Jersey Municipal Court Judge testified before a New Jersey Ethics Committee panel on Wednesday, December 10, 2008 regarding a New Jersey DWI incident that took place on March 27, 2008. The New Jersey Municipal Court Judge was charged with a DWI after failing field sobriety testing and an Alcotest breath test. His BAC reading showed a .08 reading. While at the police station and before the breath test was administered, the defendant repeatedly attempted to apply Chapstick to his lips. He also placed a penny into his mouth. Eventually, on June 27, 2008, the defendant pled guilty to the DWI. The question before the ethics committee centered around the Judge’s behavior at the police station and whether his “delay tactics” constituted a violation of the Code of Judicial Conduct Canons. If you have been charged with a DWI in New Jersey it is important to seek legal counsel to see that your rights are protected. Contact a lawyer at the firm of Lependorf & Silverstein today for a free consultation.

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A driver was arrested on November 15, 2008 on suspicion of drunk driving after he plowed his car into an area where garbage was stored. A pedestrian was struck by one of those trash cans and injured in the knee. According to this news report, 41-year-old Phillip Serpe of Jersey City refused to take a field sobriety test. Officials still arrested him because they said they smelled alcohol in Serpe’s breath and saw he “was unsteady on his feet.” He was reportedly charged with one count of driving under the influence of alcohol.

In New Jersey, police officers who stop suspected DUI drivers may administer a series of tests officially known as the Standardized Field Sobriety Testing (SFST). These tests basically consist of three parts of physical investigations to help determine whether or not the driver is under the influence of alcohol or drugs. Drivers who refuse to take these tests will usually end up getting arrested and often will face other penalties.

These field sobriety tests are key elements in a New Jersey DUI trial. They could be used to prove the guilt or innocence of a driver. But a skilled New Jersey DUI defense attorney may be able to challenge these tests in court because they are often unreliable as the sole determiners of a DUI charge. Our New Jersey DUI attorneys thoroughly examine these tests in order to ensure that these tests were administered properly and the results of the test were in fact accurate.

If you or someone you love has been arrested on suspicion of operating a motor vehicle under the influence of alcohol or drugs in New Jersey, please call Lependorf & Silverstein for a free, no-obligation consultation. Our offices have years of experience handling DUI cases and field sobriety test problems throughout New Jersey.

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A Ramsey man was arrested and charged with driving under the influence after he reportedly hit a pole early morning on November 15, 2008 and then left the scene of the accident. According to this news report in the Times of Trenton, 22-year-old Andrew Cronin struck a pole on Franklin Corner Road at Princeton Pike and then left the scene of the crash. Police later located him and took him into custody. Cronin was also taken to an area hospital for treatment of undisclosed injuries.

It is illegal in New Jersey to drive with a blood alcohol level of 0.08 percent or above. If you are under the age of 21 it is illegal to drive with any alcohol in your system. If you have been arrested on suspicion of driving with a BAC of 0.08 or higher and have had prior DUI convictions, then you could face stiff penalties and even mandatory jail time. In New Jersey, there are no jury trials for DUI cases. All New Jresey DUI defendants are given the right to a trial before a judge only. The judge usually hears the case, listens to the defendant’s arguments and expert witnesses, and then renders a decision.

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A recent car accident near Sleepy Hollow Road in Vernon Township killed Ryan Olsen, a resident of Vernon, according to this article.

Vernon Township police said Olsen, 22, who died at the accident scene was one of three people in the car that was driven by Joseph Cavanaugh of Sussex. 24-year old Cavanaugh was also injured and taken to St. Claire’s Hospital in Sussex following the accident. He was later charged with multiple driving offenses including DWI and reckless driving. Glenwood resident Jason Concoy, 24, who was in the front seat of the vehicle, was transported to a Morristown hospital where he was treated and released.

The article states that this accident is still under investigation and we hope details will soon be made available about what exactly happened that early morning to cause the car crash and the tragic loss of life. In New Jersey, a person is guilty of drunk driving if he/she operates a motor vehicle with a Blood Alcohol Concentration (BAC) of 0.08 percent or greater. Though Cavanaugh has been charged with DWI, there is no information in the article about his BAC.

At Lependorf & Silverstein our experienced team of criminal defense attorneys in New Jersey know these accident situations often lend themselves to DUI and field sobriety tests being administered incorrectly. If this should be the case and if official procedures and requirements have not been followed then we will help to get the charges lowered or dismissed altogether for our clients. Please give our offices a call for a free consultation to discuss your case.

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Posted In: DUI DWI Drunk Driving , Traffic Offenses

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A 26-year-old Easton man is facing charges of driving under the influence in connection with a Feb. 21 fatal auto accident in Ross Township. According to this report Dudd Flanagan III was driving a 2007 Hyundai west on Kunkletown Road in Ross Township when the accident happened.

Flanagan was passing a vehicle in front of him while approaching a curve when he lost control of his vehicle and slammed into a 1989 Ford Thunderbird driven by 53-year-old Jack Brodt of Saylorsburg. Brodt was pronounced dead at the scene. Flanagan was air-lifted to a local hospital but later released. Investigators reportedly found five unopened cans of Natural Ice beer on the passenger side floor and an unused syringe in his glove box. Officials say Flanagan’s blood drawn at the hospital, tested positive for various drugs including THC and opiates.

Continue reading "Easton Man Faces Felony Driving Under the Influence Charge" »

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Police arrested a 28-year-old West Windsor man on suspicion of driving under the influence of alcohol, crashing his car, then walking away from the scene of the accident. According to this news report, Roman Karvalis lost control of his Honda while driving on Route 1 near Carnegie Center Boulevard.

Officials say Karvalis gave them conflicting accounts of the crash. Eyewitnesses reported seeing Karvalis’ Honda and another black vehicle speeding and weaving through traffic. Police also received reports that Karvalis then lost control of his Honda, which flipped a couple of times. Officers reportedly caught up with Karvalis in his home, determined he was intoxicated and arrested him on suspicion of driving under the influence, reckless driving, leaving the scene of an accident and failure to report an accident.

DWI convictions in New Jersey can be quite an ordeal. Mr. Karvalis especially has a tough road ahead because of the additional charges involved. That said, there are several ways by which people have avoided these serious DWI convictions in New Jersey. The first step is to hire an experienced New Jersey DWI attorney, who is knowledgeable about drinking and driving laws in New Jersey, and who can help avoid these damaging convictions for their clients.

Continue reading "West Windsor Man Arrested On Suspicion of Driving Under the Influence" »

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On October 10, 2007 a New Jersey Appellate Division panel of Judges decided a DWI appeal that was approved for publication on May 5, 2008. The case involved a DWI charge from Hudson County, New Jersey. The defendant pleaded guilty to a third DWI charge in Municipal Court and was sentenced to 180 days in the Hudson County jail. The defendant had been convicted of DWI charges in New Jersey on two prior occasions. The first conviction was in 1989 and again in 2003. The defendant argued on appeal in this case that since he plead guilty to the 1989 charge without the benefit of counsel, that he is entitled to a “step-down” in sentencing from a third offense to a second offense in accordance with State v. Laurick. If afforded the step down, this third DWI charge would actually be treated as a second for sentencing purposes, thus avoiding the 180 day jail term. The municipal court judge in this case was presented with a copy of the 1989 summons. On the summons was the following notation: “Explained rights. He talked to his attorney three weeks ago. A 27 year old man, attended college. Elected pro-se on attorney advice.” The lower court municipal judge rejected the defendant’s step down request because the note on the summons indicated the defendant had discussed the case with an attorney prior to proceeding pro-se.

On appeal, the Appellate Division reversed the lower courts’ rulings. The Appellate Division ruling concluded that from the 1989 summons notations it could not be determined if the attorney the defendant spoke with prior to entering his plea pro se discussed any possible DWI defenses, if the defendant at the time could have afforded an attorney, or if the defendant was advised that if he could not afford an attorney the Court would appoint one for him. The case was remanded to the municipal court in which the defendant made his 1989 plea. If you have been charged with a DWI, contact an attorney at Lependorf & Silverstein, P.C. There are many defenses that one can raise in an effort to defend a DWI charge. New Jersey DWI penalties are severe. Let a Lependorf & Silverstein, P.C. attorney fight for you rights. Contact the Princeton law firm of Lependorf & Silverstein, P.C. today.

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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" »

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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" »

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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" »

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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" »

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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" »

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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.

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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" »

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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.

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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.

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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" »

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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" »

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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" »

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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" »

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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" »

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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.

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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.

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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.

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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 DWI cases that rely on the Alcotest’s measurement of blood-alcohol levels in individuals arrested and charged with driving while intoxicated. Special master Michael Patrick King ruled, in State v. Chun, “This court finds that the Alcotest 7110, NJ 3.11 version is and has been scientifically reliable, under the clear and convincing evidence standard when the test protocol is carefully followed by the operator and the instrument is functioning properly.”

Special Master King did, however, rule that the test operator must be properly certified to use the machine, and that very specific procedures must be followed in operating the machine. Other changes were also recommended with respect to the specific type of documents that municipal prosecutors must provide during discovery. In addition, the ruling, if adopted by the State Supreme Court, provides defense lawyers with strong arguments in cases where the blood-alcohol reading is right on the cusp of the legal limit. In other words, in cases that have been stayed pending the special master’s decision, where defendants blood-alcohol readings are .10 or .08, a strong legal argument can be made to prosecutors that those readings are not scientifically reliable under this ruling and that the levels in these cases should be reduced to .09 and .07 respectively.

Importantly, there are still a multitude of issues that arise in DWI cases by which defense attorneys can challenge a DWI summons. An elevated blood-alcohol level reading does not necessarily doom a DWI defense. There are still many other elements to be proven by the state in a DWI case. The state’s burden of proof remains “beyond a reasonable doubt” and there are many constitutional defenses that can be asserted in a DWI case. Every case is different, and every case is very fact specific. If you have been charged with a DWI summons, please contact the firm of Lependorf & Silverstein, P.C. for a free case evaluation. Our aggressive attorneys will fight for you and pursue every avenue available to us to defend you in court.

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