An overzealous wrestling fan has reportedly been charged with four counts of fourth-degree threatening, one count of second-degree harassment and two counts of second-degree threatening for making threatening phone calls to the WWE headquarters. Zavr Peygumbari was apparently upset over the release of one of his favorite wrestlers, former female champ Mickie James, when he called the WWE offices in Stamford, Connecticut to make numerous threats, including reportedly over 20 phone calls. Peygumbari was arrested on Friday and held on $250,000.00 bail before it was reduce in an arraignment and bail hearing on Monday. According to Court documents, New York Police have described the 22 year old man as "emotionally disturbed." He has previous marijuana charges in his file as well. His defense attorney described him as a fervent fan who would not follow through on threats.

This is a classic example of someone being overzealous and now having real legal troubles due to his charges. Peygumbari could be facing prison time with his second-degree charges, but it sounds like he might have been given the ultimate punishment in his release on bail, he was banned from attending an future WWE shows. This is not that uncommon in criminal law that a person would be banned from victim contact pending the outcome in the case; however, in this matter the "victim" just happens to be a large company.

A car is parked on the side of a highway with the internal light on and its occupants in a heated discussion of some sort. A police officer appears at the driver's side to check on the situation and make sure they do not need help. After being assured by both driver and passenger that they are fine and in no need of help, the officer smells what he believes to be alcohol on the driver's breath, and requests that he exit the vehicle for the purposes of a field sobriety test. Is this test respectful of the driver's constitutional rights? Is this test a warranted attempt to protect all the other vehicles on the road?

An experienced lawyer would tell you that according to the New Jersey courts, the oral aroma or odor of alcohol alone is not sufficient to sustain the probable cause necessary for questioning and sobriety testing. The New Jersey Appellate Division, in State v. Hawkins, A-7400-97T5F (1999), held that the smell of alcohol on an individual's breath is insufficient to provide probable cause for the officer's belief that the driver was operating his vehicle under the influence of alcohol in the absence of any untoward driving or other indication of insobriety. In the Hawkins case, the defendant was stopped for a community caretaking reason when the officer heard a scream emit from the vehicle. There was no evidence of unsafe or illegal operation of the car. The only indication to the officer that the defendant had consumed alcohol that evening was the odor on his breath.

The New Jersey Appellate Division again addressed this issue in State v. Jones, 326 N.J.Super. 234, 245-6 (App.Div. 1999), stating that, "The nervousness of the driver, considering the fact of the stop itself, along with his consumption of alcohol, is expected. The mere smell of alcohol and admission of consumption may not, by itself, warrant a sobriety test...However, justification of the search under these facts would have the effect of permitting a search...of every motor vehicle which is stopped for a minor motor vehicle violation, where the driver admits to having consumed one bottle of beer. Such a search goes beyond the bounds permitted and does not pass constitutional muster." In the Jones case, the driver was stopped by the police officer for failing to use a traffic signal when changing lanes on the New Jersey Turnpike. After the vehicle was stopped and the officer was speaking to the driver, the officer noticed an odor of alcohol on the driver's breath.

So not only must the police officer witness actual operation of a vehicle, he must witness a more than minor moving violation just prior to pulling you over, in order to be paired with detection of alcoholic breathe to create sufficient probable cause for a field sobriety test. Failing to signal before a lane change is too minor. What exactly constitutes a sufficiently serious moving violation for a police officer to legally request to administer a field sobriety test to a driver? Must it be obviously erratic and unsafe driving? What is clear is that alcohol on your breath is not enough. And that passes the sniff test. Reasonably, three sips of a beer could make your breath smell like alcohol, and simultaneously, you might have 6 beers in an hour, chew a couple of Altoids and not emit any oral alcoholic odor. What constitutes a serious enough moving traffic violation to make coincidental alcoholic breath sufficient probable cause to request a field sobriety test is a different legal question for a different post. Either question should be considered by a skilled attorney when defending any DUI/DWI charges, and should be contacted as soon as possible following such an incident.

There is a reputation for loud, brutish behavior at Philadelphia sporting events and a Cherry Hill New Jersey man did nothing to refute that notion. Apparently, an off-duty police officer was attending the Phillies game with his daughters, and behind them sat a group of extremely intoxicated college aged men. This rowdy crew was certainly a problem, but their poor behavior hit an apex when one of the young men stuck fingers down his throat to vomit at will upon one of the off-duty police officer's daughters. Finally, some other nearby fans intervened and restrained the offender while security could move in to remove him. The man was charged with aggravated assault.

This is a great illustration how one can be charged with assault when the facts are not one a layperson would understand as assault, due to the intent of the law. Here, the young man was charged with aggravated assault because the vomit landed on the girl. The vomit is considered an extension of the man, and of course he willfully vomited, so the act rises to the level of aggravated assault. Many people commonly think that aggravated assault means assault, or harming another using a weapon (i.e. a baseball bat). However, in New Jersey, it is defined in N.J.S.A. 2C:12-1(b)(1) as "attempts to cause serious bodily injury to another, or causes such injury purposely or knowingly or under circumstances manifesting extreme indifference to the value of human life recklessly causes injury..." Naturally, there are many more subsections, but that is the basic, fundamental standard for aggravated assault. Psychological trauma on the part of the young girl would certainly be conceivable harm in this case. Now this case is in Pennsylvania so the law may be different, but this gives one an idea of what the spirit and intent of the law is in this matter in New Jersey. A highly skilled attorney would be required to defend against charges such as these.

Another sparkling product of the NFL has appeared on the crime blotter. Corey Dillon, retired running back for the New England Patriots, was reportedly charged with DUI, driving under the influence, or DWI, driving while intoxicated.

Sherriff's deputies have stated that officers spotted a man in a red Chevy Camaro driving very slowly behind them in the pre-dawn hours of the morning. The Super Bowl veteran was pulled over and questioned, and allegedly admitted to drinking earlier the prior evening. Bail for the 35 year-old father of three was set at $5,000.00, he was then released after posting, and he is expected to return to Court in June.

Operating a vehicle while under the influence of drugs or alcohol, or DWI, in California is a criminal offense, which is why the $5000.00 bail was set. In New Jersey, DWI is technically a motor vehicle offense but it has with quasi-criminal penalties, including jail fines more than $750.00, license suspension and a record that can negatively impact many other parts of your life.

The recently unlucky football star has been brought to Court for other reasons as well. His wife, Desiree, has reportedly filed for divorce after 10 years of marriage, claiming irreconcilable differences. She has asked for full legal and physical custody of their children, spousal support and legal fees. While she has offered to agree to visitation for Dillon, his pending DWI charge will no doubt have an effect on how liberal that visitation will be, and whether or not the Court will require that he see his children while under supervision. His recent conduct was enough to bring criminal charges of DWI, even if they are not ultimately proven, at the very least give the appearance of questionable behavior, and arguably poor judgment. A judge may not want him driving with his children, for example, until the case is settled.

Given the complexity of the potential consequences of a DUI in New Jersey, it is crucial to have an experienced attorney represent your rights as soon as possible.

Interestingly, Corey Dillon was pulled over for driving unusually slowly. Though most thinkg of erratic driving as speeding or weaving, driving unusually slowly is another form of erratic driving. Driving extremely slowly is usually charged with careless driving, NJSA 39:4-97, which carries a penalty of 2 points as well as a fine, and is certainly a legitimate reason to stop a vehicle in NJ. So do not think you are in the clear if you "take it nice and slow" on your way home from a night out. Or if you do, have your attorney on speed dial.