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July 12, 2011

Boozin' While Cruisin' Is A Recipe For Disaster: Drinking and Boating

As it heats up outside many locals from Monmouth and Ocean Counties jump aboard their boats, sailboats, fishing boats, speedboats, catamarans, row boats, kayaks and canoes to have fun in the sun. But beware, after several hours of boating its effects on the body, such as fatigue, wave motion and heat exhaustion, which can make even the most prudent boater physically compromised or downright impaired. When these effects are combined with alcohol, it raises the likelihood that something will go wrong. When something goes wrong on water, it often goes quite wrong. The health effects mentioned have actually been proven to increase the effects of alcohol on the body with respect to sensory impairment. With the number of related accidents and fatalities, perhaps a Boating While Intoxicated or Boating Under the Influence public service campaign should be launched.

Nationwide each year, hundreds of boating deaths and injuries are caused by or in some way related to alcohol consumption. Authorities have determined that boating while intoxicated is just as dangerous as driving while intoxicated, if not, more so. Boats lack brakes, so there are no breaks to hit (and then pray). Further, open water is not equipped with traffic safety devices to guide your way, aside from buoy markers. The U.S. Coast Guard and New Jersey law enforcement will be on the look out for impaired boaters this summer on local lakes and rivers. Make no mistake about it if you are questioned by a member of the Coast Guard or police. Offenders can be charged with a DUI or DWI just as they could on land. Penalties include potential loss of all boat as well as automobile operating privileges for six months. The thinking is, if you can't be trusted with a boat, why should law enforcement trust you with a car.

As with all legal cases, details are significant. Further, civil suits may follow quickly. If you have been charged with a DWI/DUI for operating a boat while under the influence contact a defense lawyer immediately so that he or she can devise a legal strategy best suited to protect your rights.

July 1, 2011

Prescription Sleeping Pills and Sleep Driving an Unexpected Side Effect

Insomniacs beware! The medication that your healthcare provider prescribed to help you sleep could cause a phenomenon called sleep-driving. Driving while sleeping, by the way, is illegal, and not a good idea. Just imagine, you take your prescribed sleeping pill, get into bed to get some much needed and often elusive rest. Then, the next thing you know, you wake up in the morning with a motor vehicle traffic summons and a note with the location of where your car was towed on your bedside table next to you. Apparently, you have been charged with driving while intoxicated, DWI, but you have zero recollection of the event. The last thing you remember is going to sleep the night before.

If you or someone you know has experienced the scenario described above, you have experienced the phenomenon known as sleep-driving, an unfortunate side effect of many popularly prescribed sleep-aid medications. Some such sleep medications include Ambien; Butisol sodium; Carbrital; Dalmane; Doral; Halcion; Lunesta; Placidyl; Prosom; Restoril; Rozerem; Seconal; Sonata.

Courts are still divided on whether sleep-driving should fall under the category of driving while intoxicated, primarily because the driver never made a conscious decision to get behind the wheel. Legally speaking, and otherwise, this is an important distinction to make. The repercussions of such a conviction are as grave as if you were found guilty of driving under the influence of alcohol. If you have been charged with a DWI while you were under the influence of a prescription sleep-aid, or any medication, you should seek counsel immediately. Take every action to protect your rights.

June 30, 2011

Notre Dame Wide Receiver Michael Floyd Pleads Guilty to DUI

Alcohol and vehicular troubles are nothing new to collegiate athletes, unfortunately. So this story can be added to the others covered here. Notre Dame's Wide Receiver Michael Floyd was reportedly sentenced to a year of probation and cannot drive for 90 days following his guilty plea to a misdemeanor drunk driving charge. Once Floyd's license is reinstated he will have a device in his car for 180 days that will monitor Floyd's blood-alcohol level and will prevent the car from starting if his blood-alcohol level is too high. Floyd was arrested for driving while intoxicated in March in South Bend, Indiana. At the time of his arrest, his blood-alcohol level was 0.19%, which is more then double the legal limit. Any attorney in this position would likely be patting himself on the back. He seems to have some trouble maintaining the separation of driving and drinking, so perhaps his sentence is fitting and will help him focus on his talents.
In Indiana drunk driving is considered a misdemeanor crime. Had Floyd been arrested in New Jersey he would have instead committed a Title 39 motor vehicle violation rather than a crime. The minimum penalty in New Jersey for a DUI is 7 months loss of drivers license. Since his blood-alcohol level was as high as a 0.19% (New Jersey considers over a 0.08% blood alcohol level to be driving under the influence) he would be required to have a mandatory interlock device. This device of course would prevent the car from starting if his blood-alcohol level is too high. He would be stuck with the interlock device for six months after his license was restored.
There are many permutations of penalties and sentences you may receive depending upon the number of infractions you have on your record. It helps to have an experienced attorney on your side. If you have been charged with a DUI you should seek help from a licensed attorney immediately.

June 20, 2011

After a Close Call with a Scooter, Mrs. Chris Snyder is a Road Rage Victim

There was no way that the defendant knew he was attacking the wife of Pittsburgh Pirate pitcher Chris Snyder, and that his temper tantrum was criminal. Driving without a license is indeed illegal, as is aggravated assault. Episodes of road rage similar to his occur every day all over the country on the nations streets and highways. A professional athlete's wife being attacked, while he and their children sit in the car, is genuinely newsworthy, and will not help the defendant's chances in court.

Because the baseball player was incapacitated by back surgery seated in the car and could do nothing but helplessly watch his wife get attacked, an innocent bystander and an off duty cop were left to intervene on Ms. Snyder's behalf, fending off bites, punches with keys between his fingers, and flying shoes. As a result of his extremely poor behavior following a close call while the victim was driving and he was riding a scooter, Mr. Modhwadia was charged with driving with an invalid license, aggravated assault, assault, and criminal mischief. He is being held on $25,000 bail. This will not be an easy case for his attorney.

In New Jersey, any criminal defense attorney should be able to tell you that aggravated assault is governed by NJSA 2C:12-1(b) which governs "attempts to cause serious bodily injury to another..[.]" Based upon police notes from the scene and witness accounts, there is evidence to show that Mr. Modhwadia attempted to cause serious harm to Carla Snyder. Additionally, in New Jersey the aggravated assault is an indictable crime so it would be review by the county prosecutor and most likely would remain in the Superior Court. This defendant is headed for far more than anger management. Anyone who has been the victim of a road rage tantrum, or has had an episode of behavior which has resulted in criminal charges, should without momentary hesitation contact a highly skilled attorney who has years of experience with these types of cases.

April 8, 2011

Fake I.D., to Drive, Get Into a Bar, Will Land You in Jail

Real husband of Real New Jersey Housewife, Teresa Guidice, Joe Giudice can't seem to keep to the straight and narrow. It appears that he allegedly attempted to use identification belonging to his brother to obtain a fake driver's license.

Why would anyone other than a teenager who seeks to bar hop before they are legally entitled to do so want a fake i.d.? Perhaps someone whose driver's license has been suspended for driving under the influence, DUI, might be so frustrated and indignant at being denied the privilege and convenience of driving that he might attempt something so foolish. Last year, Giudice got his car entangled with a utility pole and directly thereafter failed a breathalyzer test. He then spent some time in jail for driving regardless of having had his license suspended. It seems he is determined to drive, regardless of what the law permits.

Here the Realty star's husband is in hot water due to attempting to obtain a fake i.d. A generation ago, a fake I.D. a tool used by those who were under age 21 to get into bars or purchase alcohol. After the September 11, 2001 attacks, however, the government made the process of getting identification a more rigorous and stringent one. Furthermore, the laws prohibiting falsifying identification carry far stiffer criminal penalties for those that are trying to circumvent the law now than there were then. Here, Giudice used his brother's information and official identifying documentation to attempt to get a license for himself from the New Jersey Department of Motor Vehicles. He used identification fraudulently, in that he is not who he said and tried to show that he was. He also attempted to have false identification forged with the unknowing participation of the DMV. These charges carry a potential jail sentence of 10 years! Two of his friends posted $50,000.00 in bond to free him at least temporarily, because his wife, Teresa was supposedly out of town on a publicity appearance.

It is possible that his defense attorney will be able to plea bargain somehow to allow him to avoid jail. He will not, however, be able to avoid a possible criminal conviction on his permanent record. The Giudices keep the legal community busy. Listing $8 million in debt and only approximately $2 million in assets, they declared bankruptcy and lost significant property as a result, and one must presume that their lavish lifestyle has been curtailed, despite their new status as high profile reality t.v. celebrities. One place not to scrimp is a criminal defense attorney, should you find yourself facing charges of any sort.

February 15, 2011

Refuse a Breathalyzer Test? Know the Law!

If you are driving in New Jersey and a police officer pulls you over on suspicion of DUI/DWI, when asked to do a breathalyzer test, and you refuse, you have just broken a law. By possessing a driver's license, you have given consent to being administered these tests, through a concept known as "implied consent." For the privilege of being legally entitled to drive, you have legally committed to perform that act upon request. As such, breaking that promise or a refusal to submit to the test is illegal. Even if you are not convicted of DWI from that arrest, you are still guilty of that crime and your license is suspended for up to 10 years (20 years if the arrest occurs in a school zone and it is your third DWI!).

You may be convicted of "refusal" in particular, but until just this past week, such a refusal conviction would constitute a prior DWI conviction if you were subsequently pulled over for another DWI! The difference between a first offense and a second offense in refusals and DWIs is tremendous: 1 year 7 months to 1 year of suspended driving privileges and thousands of dollars.
The first point would be, obviously, don't drink and drive. The second would be to remember that submitting to the test, as you have promised to do by possessing a driver's license, does not necessarily mean you will be convicted of a DWI, but refusing to take the test will get you convicted of that crime, which carries its own fines and penalties.

The third, though probably most important if you dismiss the first, is that you should contact an attorney immediately so that you don't get caught in a web of complicated laws. DWI/DUI and refusal convictions come with fines, community service, jail time, car ignition interlock devices, IDRC (Intoxicated Driver Resource Center) classes, severe inconvenience, and have a way of following you for the rest of your life. Get yourself a skilled, experienced attorney immediately.

Side note #1: People with commercial driver's licenses have an entirely separate set of penalties that affect their license, even if they were stopped or charged while driving their personal car! For example, they lose their commercial drivers license for a minimum of one year.
Side note #2: If you have a DWI conviction, you cannot travel to Canada without permission from the Canadian Embassy! Canada considers a DWI a crime, and they will turn you away at the border without that express permission.

January 10, 2011

Killer Ice Cream Truck Driver Plead Guilty to DUI and More...

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.

January 7, 2011

Suspected DUI Keeps Pressley in Jail Overnight

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.

January 6, 2011

Texting While Driving... A Trolley?

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.

December 21, 2010

Melrose Place Actress Indicted for Fatal Crash

Formerly on television's Melrose Place, actress Amy Locane has worked along side Johnny Depp and Adam Sandler in film. She now has more in common with many fellow actors, as she was indicted by a Somerset County Grand Jury on counts of third-degree assault by auto and first-degree aggravated manslaughter. Now a New Jersey resident, Locane reportedly crashed her black Chevy Tahoe into another car that was pulling into a driveway on a Sunday evening in June of this year. The passenger died at the hospital soon after the crash, and the driver sustained numerous broken ribs and other serious injuries. Further, police state that she was involved in a hit-and-run accident earlier that day in Princeton, New Jersey. The actress had admitted to consuming wine prior to driving following the crash.

"Aggravated Manslaughter" means, in lay terms, an unintentional killing resulted from one's actions. Naturally, a purposeful killing would be murder, but manslaughter covers all killings that occur as unintended consequences. In this instance, Locane is indicted crashing her car while drunk driving, which resulted in the death of one person and the serious injury to another. In this case, the State of New Jersey needs to prove that "the actor recklessly causes death under circumstances manifesting extreme indifference to human life;" See N.J.S.A. 2C:11-4(a)(1).

The fact that Locane had consumed alcoholic beverages does not automatically prove the State's case. The State will also have to prove that the events are connected, or that Locane's consumption of alcoholic beverages led to her being impaired, which led to the fatal accident. Therefore, one can anticipate Locane's defense team will claim that her impairment is not what lead to the fatal accident, but that some other circumstance caused the collision that took the passenger's life. These burdens of proof and potential defenses are the issues that a New Jersey criminal defense attorney will vigorously analyze, as they apply to the specific facts of the case. You should ensure you have an experienced and devoted attorney to protect your rights should you, a friend or family member find yourself involved in a car accident, or automobile collision, where injuries are sustained or death results. These tragic cases are often not as simple as they appear.

December 15, 2010

Ja Rule Goes to Jail

A 2007 Beacon Theater hip-hop concert arrest sends another rapper to prison. In this case, Ja Rule will head to prison for two years. Lest anyone believe him to be a "wanna-be," Ja Rule pleaded guilty, just as Lil Wayne did in response to his arrest at the same event, to attempted criminal possession of a weapon. It is stated on the record for the Police, that he was found with a .40-caliber loaded semiautomatic gun in his pricey, speeding Maybach.

The New York City gun laws are the toughest in the nation and Ja Rule became the latest celebrity to learn a difficult lesson. New York City imposes a mandatory minimum prison term on the gun related offense, in this case a violent felony. The Court takes any offense involving a firearm as extremely serious. In New Jersey, the possession of a gun triggers mandatory jail time, as governed by the Graves Act N.J.S.A. 2C:43-6.

Furthermore, the Graves Act requires time periods of parole ineligibility in addition to mandatory prison terms for certain gun offenses, as well as for related offenses committed while in possession of a firearm. These include offenses such as homicide, manslaughter, aggravated assault, kidnapping, sexual assault, aggravated sexual contact, robbery, and burglary.
If two years seems like a long time, take a moment to consider that he might have gotten 15 years if he had been convicted of the initial weapons charges. He has some time to relax, if that is possible, because he is free at least until his next Court date in February, when a date will first be set for sentencing. His attorney is earning the counsel fees for sure, and demonstrated how crucial a skilled attorney is, whether or not you are a rapper.

The law is gender-blind for sure, at least, because rappers who have done jail time include Foxy Brown, Lil Kim and T.I. Plaxico Burress, the former New York Giants football player was charged with the same crime and received the same sentence last year. In his case, though, he shot himself. Ja Rule's wife and children living in New Jersey, will write and visit, no doubt, and help his time fly. They can be sure, his criminal defense attorney did as well as any could have given the facts of his case. Be sure to contact the best possible defense attorney, should you find yourself charged with any kind of weapons related or other crime.

July 15, 2010

Braylon Edwards Should Consider Staying Off the Road

Braylon Edwards, it was reported recently, upon being pulled over in the early morning hours for having overly tinted windows, was charged with drinking and driving. In response, he first suggested that perhaps he might just leave the car and head on home (really?), then questioned the legality of police procedure which stopped him for the windows only to discover that he had been drinking, without performing a field sobriety test.

Putting Edwards' off the cuff analysis aside, there are two issues here regarding his legal situation. Firstly, he is on probation in Ohio connected to aggravated disorderly conduct charges. It is unknown whether his Ohio probation will be affected by a DUI arrest in New York. In New Jersey, for example, the DUI charge is under Title 39, which governs motor vehicles. It is not a violation of the criminal code unless there is an injury. Thus, it would be doubtful that it could be a legal setback his most recent charges occurred in New Jersey. DUI is a serious offense, however, and has been treated with appropriate gravity by the Courts in recent years, so it is possible that Edward's actions could have some impact on his probation where discretion is permitted.

Secondly, the overly tinted windows caused the police to stop Edwards. The police cannot arbitrarily pull over drivers, however if a car has very tinted windows, which are illegal, they can lead to a police stop, and the noticeable odor of alcohol provides the police officer probable cause to inquire about the driver's level of intoxication, and subsequently, to request that a driver step out of the vehicle.

If you are trying to stay out of trouble, drive a vehicle that will stay under the radar, and attract no attention. Perhaps professional athletes are not familiar with this approach to life. According to reports, should he receive up to a year in prison, he may find it harder to go unnoticed among fellow inmates. Further, spontaneous legal analysis of police behavior is ill-advised, and best left to the skilled attorney that you should immediately consult should you find yourself in any similar situation.

May 18, 2010

Move Over Law!

This blog is to publicize a relatively recent change in New Jersey motor vehicle law that affects us all. This statute is referred to as the "New Jersey Move Over Law" (N.J.S.A. 39:4-92.2). The law reads that the operator of a vehicle approaching a stationary emergency vehicle, e.g., police car, ambulance, etc., that is displaying flashing emergency lights shall approach the emergency vehicle with due caution and shall either (1) make a lane change into a lane not adjacent to the emergency vehicle if possible in the existing safety and traffic conditions; or (2) If a lane change would be impossible, then reduce the speed of the vehicle to a reasonable and proper speed for the existing roadway and traffic conditions, which shall be less than the posted speed limit.
What does that mean in practical terms? If you're driving along the road and you see something like a police car with its lights on at the shoulder of the road, you should move over a lane if you can. If changing lanes is impossible, then you should slow down considerably and pass the police car with extreme caution. The penalty for this ticket is a fine between $100 and $500 and two motor vehicle points. With this degree of potential expense and long term inconvenience of points on your license, you should contact an attorney immediately in order to defend against and potentially lessen these charges or challenge their validity.

April 23, 2010

Is That Alcohol On Your Breath, Driver? It Doesn't Mean You Are Driving While Intoxicated...

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.

April 9, 2010

Charged with DUI/DWI, Ex-NFL Super Bowl Champ Drove Too Slow

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.