New Jersey Criminal Defense Blog

An article discusses the recent case of a truck driver from New Jersey who allegedly caused the death of three people. According to the report, the truck driver has pleaded guilty to the felony charge against him for grossly negligent operation resulting in death. While attorneys say that they will be asking a Vermont District court judge to sentence the 42-year-old man to one to 10 years in prison, defense attorneys are said to be planning to request a suspended sentence.

So what’s the story behind this man’s guilty plea? Such a case is often far too complex to accurately explain here. However, it is yet to be determined whether the truck driver will serve jail time, be given a suspended sentence, or if the case will have a completely different outcome than is currently expected. As the case stands now, it all began after the truck driver was accused of hitting two cars while driving his tractor-trailer on Route 9 in Woodford when the truck overturned along a sharp, downhill curve. More details as to the condition of the driver at the time of the accident and other causation factors have not been made public at this time.

While it is true that motorists, including commercial truck drivers, have many responsibilities while operating a vehicle on the road, there may be multiple factors that contribute towards causing an accident other than driver negligence. Evidence is always a critical element to any vehicular manslaughter, homicide, or murder case, as it is sure to be in the aforementioned incident.

Continue reading "New Jersey Truck Driver Involved in Felony Gross Negligent Operation Case" »

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Posted In: Criminal Defense , Legal Information , Traffic Offenses

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

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

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The New Jersey Director of Division of Highway Traffic Safety announced in Trenton on June 30, 2009 that the State of New Jersey has handed out grants to 75 law enforcement agencies in the state to be used during the month of July to crackdown on aggressive driving throughout the state. The announcement included the statistic that in the calendar year 2008 there were 22,118 crashes that were attributable to unsafe speed. The grants will be used by the agencies to target New Jersey drivers who speed, tailgate and pass improperly. Highway traffic tends to increase statewide during the summer months when individuals take vacations or spend days at the beach. Therefore, it is common for law enforcement agencies to focus on enforcing the law against aggressive drivers during these summer months. If you have been charged with a motor vehicle violation in New Jersey, you may face points on your license, steep fines, and possibly a license suspension.

Contact an attorney at the Princeton, New Jersey law firm of Lependorf & Silverstein to discuss the violations you have been charged with. The experienced speeding violation attorneys at the Princeton, New Jersey law firm of Lependorf & Silverstein can advise you on how to fight these tickets so as to minimize the points on your license, steep fines, and possible a license suspension that you may face. Let us go to court to fight for you. While aggressive driving can be dangerous and should never be tolerated, aggressive law enforcement officials and officers often dole out tickets that are overly aggressive as well. Let an attorney at the Princeton, New Jersey law firm of Lependorf & Silverstein protect your rights.

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Posted In: Traffic Offenses

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On January 28, 2009, a Mercer County New Jersey Superior Court Judge sentenced Daniel Robbins, Jr. to 18 months in jail for violating his probation in New Jersey. The defendant had been convicted by a jury of two counts of assault by auto in November of 2006. In March of 2005, during a fit of road-rage, Robbins lost control of the vehicle he was driving and struck a pole. The accident caused one of the passengers in Robbins’ vehicle to sustain a spinal cord injury that left her paralyzed. Initially, New Jersey Superior Court Judge Charles A. Delehey sentenced the defendant to 180 days in jail and five years probation.

The Judge determined that the defendant violated the terms of his probation on multiple occasions. He drove without a license and used illegal drugs on more than one occasion. Probation violations are taken very seriously by the judicial system. Typically, during sentencing on the initial charge, a Judge will advise a defendant that a probation violation of any magnitude will result in severe consequences. In fact, in this case the Judge indicated that “the court saw the sentence as a hammer that would hang over the defendant’s head and would provide him with an incentive to comply with society’s laws.” Once this defendant failed to comply with society’s laws and violated the terms of his probation, the court took severe action against him.

If you have violated your probation there may be circumstances that can help you minimize the punishment you may face when you return to court for your probation violation hearing. Contact a New Jersey probation violation attorney at Lependorf & Silverstein, P.C. for a free consultation.

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Posted In: Traffic Offenses

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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 driver’s statements at the scene of an accident on Route 80 in Roxbury where three people died could be used against him at his trial, Superior Court Judge Salem Ahto ruled. According to an article in the Star-Ledger, Damian D’Aleo’s admissions of drinking beer and driving under the influence of drugs, specifically taking Ecstasy and cocaine before the crash can be used at the trial.

The incident occurred on Sept. 26, 2006 when D’Aleo allegedly rear-ended a Jeep Cherokee, triggering a crash that killed three people. If convicted, D’Aleo faces up to 30 years in prison for each of the three counts of vehicular homicide he faces.

This is one of the worst-case scenarios when it comes to DUI charges. This defendant, if convicted, could spend the rest of his life in prison. This story especially shows that what you say when you get arrested matters. In the United States, the Miranda warning is mandated as a means of protecting a defendant’s Fifth Amendment right to avoid coercive self-incrimination.

Continue reading "Driver’s Comments at Accident Could Be Used against Him, New Jersey Judge Rules" »

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Posted In: Traffic Offenses

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