DWI Category Archives — Monmouth County Criminal Defense Lawyer Blog Published by Monmouth County, New Jersey Criminal Defense Attorney

Published on: February 24, 2024

SUPREME COURT ALLOW PLEA BARGAINING ON DWI IN NEW JERSEY

On February 23, 2024, the New Jersey Supreme Court settled the ongoing fight with the legislature over the endorsement of a new statute permitting plea bargaining to allow for ignition interlock devices in minor drunk driving cases. Last week, Judge Grant put out an order that no DWIs were allowed to be plea bargained. However, the Supreme Court disagrees.

Judge Rabner said in the order that “because no actual case is before the court, we do not make a finding on that issue. At the same time, we recognize that the amendment reflects a policy statement by the legislature, which is within its prerogative, related to plea bargaining in municipal courts.”

The question remains how will this new plea bargaining rule will be applied within the municipal courts as it is new ground for everyone involved- judges, defense attorneys and prosecuors. At the very least, it should allow attorneys the ability to the fight for their clients and allow the judges and prosecutors to make fair and just decisions in the appropriate situations.

Published on: June 16, 2017

TOO MUCH FUN: Getting in and Out of Trouble at Holmdel’s PNC Bank Art Center

By Tara Breslow-Testa, Esq.

We’ve sometimes got trouble, right here in Holmdel township, with a capital T and that rhymes with P and that stands for the PNC Bank Art Center. This popular music venue in Holmdel has provided a venue for musical acts from symphonies to Sinatra to Springsteen to Phish to Sting over the years – but the festival environment has also spawned more than a little bit of trouble in the form of dozens of drug arrests, underage drinking, DUI arrests, fights, shootings.

If you’re a music fan who gets into trouble with a capital T, the first person you should talk to is Holmdel criminal defense attorney Tara Breslow-Testa. She is experienced with a capital E and can reduce possible sentences, fines and future consequences for anyone arrested around the PNC Bank Center.

PLEASANT VALLEY

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Published on: January 27, 2017

Facing Criminal Charges After a Night in a New Jersey Bar or Nightclub?

By Tara Breslow-Testa, Esq.

The bar and nightclub scene in and around Red Bank and Monmouth County, New Jersey, is legendary – a place to see and be seen, dance the night away, or just enjoy the music in venues where the up-and-coming rub elbows with established performers who sometimes stop in for a set or two on a nostalgic whim. It can be a fun place.

Unfortunately, not every night of clubbing goes as planned. A little too much to drink, a bad decision or two, and a great night can turn into a bad morning after, sometimes with serious consequences.

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Published on: November 9, 2016

MAN SENTENCED IN KILLING MONMOUTH COUNTY STUDENT

By Tara Breslow-Testa, Esq.

Monmouth County judge sentenced a former Long Branch resident to jail for fatally hitting and killing a Monmouth County University student while under the influence of drugs.

Joseph Stovall, 48, was sentenced Friday, November 4th for accident that occurred on September 11th, 2013. Stovall, under the influence of Xanax, crashed into two cars that were parked because of an earlier fender bender on Jolin Avenue in Long Branch. Victoria Tropper, 21, and Thomas Triano, 49, of Cherry Hill, NJ were the two drivers involved in the earlier fender bender. While exchanging information, Stovall swerved, crashing into Tropper and her car, killing the senior psychology student on impact. Triano, whom was lucky to survive, walked away with several cuts. Stovall pled guilty on June 24th vehicular homicide and assault by while being under the influence of a non-prescribed Xanax. The Schedule IV controlled substance contributed to Stovall’s sentencing.

Under the Controlled Substance Act, a controlled substance is defined as a drug that is illegal for sale or a drug used for medical purposes regulated by Federal and State law for distribution. Any controlled substance used for medical purposes must be obtained by a doctor’s prescription. The statute classifies all controlled substances into five “Schedules” with the most dangerous and addictive drugs falling under the 1st schedule. In the state of NJ driving under the influence of an illegally obtained schedule IV controlled substance is punishable by a heavy fine and/or jail time.

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Published on: August 3, 2016

WALL TWP. POLICE ALLEGEDLY ASSAULTED BY MAN CHARGED WITH DWI, DRUG POSSESSION

By Tara Breslow-Testa, Esq.

Authorities from the Wall Township Police Department recently charged a man with driving while intoxicated (DWI) and drug possession after a motor vehicle stop. The man is now facing additional charges for aggravated assault, among other offenses, as police say he attempted to stab an officer with a pen while being processed at police headquarters.

The motor vehicle stop in question was conducted just after 1:00 a.m. on Sunday, July 31, at which time a Wall Township Patrolman stopped a driver near the northbound Garden State Parkway exit ramp on Highway 138. The driver, 28-year-old Staten Island resident Vincent Russo, was charged with DWI shortly thereafter.

When police conducted a search of Russo’s vehicle, they reportedly discovered marijuana and the prescription drug Xanax, after which Russo was also charged with possession of marijuana under 50 grams and unlawful possession of prescription drugs (he did not have a valid prescription).

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Published on: June 3, 2016

SUMMER AT THE JERSEY SHORE BRINGS INCREASE IN CRIME, ARRESTS, AND POLICE ACTIVITY

By Tara Breslow-Testa, Esq.

Summertime at the Jersey Shore conjures images of sun and sand, parties and events–the moments that memories are made of. Every year, the summer months mean scores of visitors descending upon beach towns to enjoy the beautiful scenery and the many activities that the Jersey Shore offers. However, this time of year also entails a very different reality, as the increase in population brings an associated increase in crime, arrests, and law enforcement activities.

Consider this: the 22 coastal towns in New Jersey are home to approximately 440,000 residents. In the midst of summer, the population at the Jersey Shore can swell to over 900,000. With this dramatic increase in population, there is also an increase in crime, the majority of which involves relatively low-level criminal offenses and municipal ordinance violations, according to Monmouth County Sheriff Shaun Golden.

As parties and people grow, arrests involving drugs, alcohol, and theft rise as well. In order to adequately patrol and enforce the law in Monmouth, Ocean, Atlantic, and Cape May counties, police departments in these areas hire seasonal officers to accommodate the ramp-up in law enforcement activities. Generally, this results in frequent arrests for drug crimes such as marijuana possession and possession of drug paraphernalia; alcohol-related crimes such as disorderly conduct, underage drinking, and DWI; and minor theft crimes such as petty theft and shoplifting.

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Published on: November 28, 2012

DWI dismissal in Monmouth County

By Tara Breslow-Testa, Esq.

The Law Office of Tara Breslow had a recent success with a second DWI and Refusal. After several court appearances, the DWI and Refusal was ultimately dismissed. The Defendant plead to a lesser traffic offense and had a minimal loss of license as opposed to a two years loss of license.