A Monmouth County man will reportedly be sentenced in Freehold to five years in prison in connection with the death of Wall Township man. Walter Poland was intoxicated when he hit the victim with his truck. Mr. Poland pleaded guilty to driving with a suspended license, driving while intoxicated and leaving the scene of a fatal accident. His 54 year-old victim used a walker, had fallen and was lying on the ground in the shoulder on Route 35 in Wall Township. Police found Mr. Poland with help from a witness who reported the incident, which occurred back on October 4, 2010. These are three separate offenses, 1. driving with a suspended license, 2. driving while intoxicated, 3. leaving the scene of a fatal accident, but all deal with his fatally irresponsible operation of an ice cream truck.

A DWI offense means he admitted to being intoxicated while operating a motor vehicle, Driving While Intoxicated. The suspended license offense means his license was suspended at some point prior to this accident for a motor vehicle violation, and that he has no legal right to be on New Jersey's roads. If that previous offense was a DUI conviction, Driving Under the Influence, then the current convictions carry mandatory jail time. In this case, the number of offenses charged is a factor that will be considered in his sentence.

Finally, the leaving the scene of a fatal accident is an extremely serious offense. In any motor vehicle accident, whether a fender bump or a full on crash, if someone involved in the accident leaves the scene of that accident, that person can lose his or her license. If injuries occur, the penalty becomes more significant. Obviously, in this case where there was a fatality, leaving the scene is a regarded as a fairly shocking wrongdoing. The public is supposed to be protected from anyone driving who has not earned the privilege of a valid drivers license from the state. So we can be certain that Mr. Poland will be off New Jersey roads for a long time.

Even one conviction of DUI on your record could have a big negative impact on your future. It is vital that an attorney assist in handling any DUI or motor vehicle charges. Contact an experienced attorney immediately if you have any DUI or motor vehicle charges brought against you.

Ms. Pressly is latest Hollywood star to find herself spending a night in a California prison. The "My Name Is Earl" co-star was pulled over for something she did or failed to do behind the wheel of a car; there was no collision, car crash or automobile accident reported. From that point, the officer apparently brought her in to the precinct, having detected some reason to believe she had been drunk driving. She posted bail of $15,000.00 and was released the next morning.

While it is reported that she has been booked on suspicion of DUI, that term can mean different things in various jurisdictions. The key point in this story is that you do not have to be over the legal limit of .08 in New Jersey, and nearly every other state, in order to be in DUI trouble. Perhaps the starlett slurred her words, or gave some other clue.

For example, if a police officer initiates a motor vehicle stop and observes the driver to be potentially impaired he can ask the driver to get out of the car to start a test. If the driver then proceeds to have difficulty saying the alphabet, walking a straight line, standing on one foot, or any other similar test, he or she is then placed under arrest for suspicion on DUI, or driving under the influence of alcohol. The breath test or blood test will reveal if the person is under the influence of alcohol. It should be noted that one can get DUI for being under the influence of any type of drug, including prescription or recreational drugs. Naturally, the breathalyzer does not apply in that situation.

It is very easy to find yourself in DUI trouble, even if you think you have been cautious. Call an attorney immediately if you have been pulled over and questioned about drugs or alcohol use.

Texting and driving is a danger with any moving vehicle, as a Boston subway driver proved by crashing his trolley into another trolley. Many of the 60 injured passengers were also likely texting at the time, going by the technology's popularity, but they were not in the drivers seat. The driver plead guilty to criminal gross negligence by a person in control of a common carrier, meaning he was providing a service transporting a group of individuals. His girlfriend must feel a creepy kind of special to have cause the Defendant to run through yellow and red warning lights, endangering his passengers and shirking his crucial job responsibility.

His lawyer certainly did his job with this case. Prosecutors argued that because he felt like reaching out to his girlfriend, the defendant caused 65 people injuries ranging from bruises to broken bones, risking their lives, and incurred $10 million in damage. In defense, Mr. Quinn's attorney argued that this was a one-time thing, that he is ordinarily cautious, and that he has suffered already by losing his job, and becoming extremely unpopular locally and in the media. Tax dollars should not be spent to protect the public from this remorseful, good person he argued.

Mr. Quinn is an extremely fortunate individual. Due to his attorney's efforts, he will avoid time in jail despite carrying with him in the future a criminal record. This case illustrates how someone can be found guilty of a crime and have the State (or Commonwealth in this case) seek jail time, yet still avoid prison. It is because the sentencing judge has the ultimate discretion. Here, the Judge sentenced Mr. Quinn to probation, which means he will have to comply with Probation's requirements, but he will not serve any prison time. In New Jersey, a fourth or third degree criminal offense usually carries with it the presumption that guilty party be given probation rather jail time.

The procedural technicalities, as well as the importance of oral argument, in this case demonstrate how crucial it is to have the best defense attorney possible, no matter how serious or trivial the criminal charges. The right defense attorney can make a huge impact on your life.

Police have reportedly just made the second largest drug bust in upstate New York, finding a young co-ed with a LOT of heroin. Keri Blakinger, a 26 year old senior at Cornell University, was arrested holding over 6 ounces of heroin, in a Collegetown hotel-motel. It is suggested that she was holding 500 uncut doses or $150,000.00 worth of the drug. Her former boyfriend has a history of drug charges in the area. Columbia, Brown and the other Ivy League universities all have drugs on or around their campuses, but this large amount is thankfully not common. It is unfortunate that the opportunities afforded to someone who earns an Ivy League degree will be lost on this student, and a tragic waste. Instead, she will be tested by the legal and, likely, penal system instead of the educational system.

Though the college student is described as holding $150,000.00 worth of heroin, the New Jersey laws regarding drugs or narcotics use weight in ounces rather than "street value" to measure the severity of the crime committed. If Keri had been in a New Jersey jurisdiction, she would be subject to various drug offenses. If the amount a defendant is charged with holding is greater than 5 ounces, the crime constitutes a first-degree crime, and carries with a possible 10-20 years in prison. The crime "intent to distribute" does not actually mean that the state would be required by the Court to prove that the person was a real "drug dealer" by trade or day-to-day profession. The way the law is written, it assumes that if someone has so much of a drug, he or she must be planning on selling it. It isn't something that people typically stockpile for use alone.

If you are, or anyone close to you is accused of possessing any amount of illegal drug, an experienced attorney should be retained in order to determine the best possible strategy to protect your rights. A skilled defense attorney can examine the facts and identify where the state's case might be fall short in terms of sufficient evidence and of burdens of proof, as required by law.