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Scotch Plains NJ Former Top Cop Charged in DWI Crash

January 16, 2017 by Matthew Reisig

The former police chief of Scotch Plains, New Jersey, who retired in March, has been charged with driving under the influence after he crashed his vehicle into a utility pole in South Plainfield in September.

Brian T. Mahoney, 51, spent eleven years as the top cop in Scotch Plains.

Just before midnight on September 10, he was driving his 2016 Dodge Durango westbound on New Durham Road when his vehicle veered and struck a utility pole, which split in half.

In a police report, the responding officer says that Mahoney initially said that he “did not remember why he struck the pole,” but later told the officer he was talking on his cell phone at the time of the accident.

Mahoney’s breath smelled of alcohol, according to the report, and after he was transported to Robert Wood Johnson University Hospital for treatment of his injuries, police asked for a search warrant and got a blood sample to test for alcohol.

The former chief has been charged with DWI, reckless driving, and failure to maintain lane.

As a 30-year Scotch Plains cop and its chief for more than a decade, Mahoney obviously knows what he’s facing.

Whether you’re a cop or an ordinary citizen, a DWI charge can seriously impede your future.

Call Matthew Reisig today at 732-625-9660 and talk to an experienced New Jersey DWI defense lawyer for free.

Filed Under: DWI Information

Proposed Legislation in NJ Could Mean Jailtime For DWI With Fatalities

January 16, 2017 by Matthew Reisig

Legislation being considered in New Jersey’s state senate would create a new felony charge that prosecutors could levy against drunk drivers involved in fatal crashes.

Under a proposal by State Senator Dave Oroho, R-24, a third degree crime called Strict Liability Vehicular Homicide would be added to the books, and could lead to a sentence of three to five years and fines as high as $15,000 for those convicted.

Most third degree crimes in the state carry a presumption of non-incarceration for first time offenders.

However, Oroho’s bill, known as “Ralph and David’s Law” after two New Jersey residents who died after being struck by drunk drivers, waives that presumption, and those convicted would have to serve time.

There’s no word yet on whether the legislation, officially known as S. 2423, is likely to overcome the significant hurdles required to become law.

New Jersey law is constantly changing with regard to DWI, and it’s vitally important to anyone charged that they work with an attorney who is absolutely up to date on the latest legislation and case law.

You can beat a DWI charge in New Jersey.

Call Matthew Reisig today at 732-625-9660 for a free consultation with an experienced DWI defense attorney.

Filed Under: DUI Penalties

Falsified Calibration Data Could Upend 20,000 DWI Convictions in NJ

January 16, 2017 by Matthew Reisig

A New Jersey State Police sergeant whose job was to calibrate Alcotest devices in several counties has been accused of records tampering in a case that may compromise more than 20,000 DWI convictions over a seven year period.

Sgt. Marc Dennis, who serves as a coordinator for the State Police Alcohol Drug Testing Unit, is accused of omitting a required step in re-calibrating Alcotest devices.

Oftentimes Alcotest results are used as evidence DWI cases in New Jersey.

He has been formally charged with third degree tampering with public records and fourth degree falsifying or tampering with records.

While Dennis is only known at this time to have miscalibrated three devices, he was responsible for calibration of Alcotest devices in Middlesex, Monmouth, Ocean, Somerset, and Union counties for approximately seven years.

The state has identified 20,667 cases linked to devices under his supervision. Every one of those cases may now be subject to appeal.

Dennis has been suspended without pay and has retained counsel.

For those who have faced prosecution for DWI with Alcotest data during the past several years, it may well be worth your while to speak to an experienced New Jersey DWI attorney to see if your case is one that may be affected by these new events.

Call Matthew Reisig today at 732-625-9660 for a free evaluation of your case.

Filed Under: DWI Strategy & Results

Basking Ridge NJ Man Arrested for DWI and Drug Possession

January 16, 2017 by Matthew Reisig

After spotting a vehicle driving without headlights, police in Basking Ridge pulled the car over during the late evening hours of Saturday, August 27.

After talking to the driver, police determined that Michael Rosenthal, 41, was likely intoxicated.

Further investigation resulted in a host of charges, including:

DWI, possession of less than 50 grams of marijuana, possession of drug paraphernalia, possession of an open container of alcohol in a vehicle, and possession of a controlled dangerous substance in a motor vehicle.

He was also charged with driving with no lights on, failure to exhibit documents, and last but not least, reckless driving.

Rosenthal was released on his own recognizance with summonses to appear to address the allegations.

It’s standard practice for police to add everything that they squeeze onto a charging document and force those they stop to pick their battles.

Experienced DWI attorneys know how to focus their efforts to reduce or remove extraneous charges and limit their clients’ exposure to sometimes significant criminal penalty.

If you’ve been charged with DWI and related violations in the state, don’t wait to get help.

Call Matthew Reisig today at 732-625-9660 for a free consultation with an experienced New Jersey DWI defense attorney.

Filed Under: DUI Information

NJ Cop’s DWI Arrest Launches Two Internal Affairs Investigations in Camden

January 15, 2017 by Matthew Reisig

It’s a widely held belief that police officers get special treatment from their colleagues when they’re accused of breaking the law.

According to Tom Scurria of Waterford, NJ, he actually witnessed this very conduct, and his allegations have launched internal affairs investigations in two area police departments.

The situation began on a Sunday afternoon when Scurria, with his wife in the car, was driving west on the White Horse Pike near Atoc Brewing Company.

A car driving in the opposite direction suddenly took a left hand turn directly in front of him, forcing him to slam on the brakes and nearly causing an accident.

Scurria followed the car into the Town Center plaza parking lot and confronted the driver, Nicholas Gagliardi, who was able to exit his car only with difficulty.

Gagliardi explained that he was a Camden police officer, and though he denied drinking, Scurria said that he kept repeating that nothing would happen to him because he’s a cop, after he learned that Scurria had called the police.

Indeed, when Waterford Police arrived on the scene, Scurria says he and his wife were questioned extensively, and police only performed a field sobriety test on Gagliardi a full hour after the incident.

Gagliardi was ultimately arrested and is currently suspended, pending an internal affairs investigation into the incident.

Meanwhile, Waterford’s internal affairs department is investigating the behavior of the officers who responded to Scurria’s call to determine whether their actions were timely and appropriate.

Not everybody gets to hide behind a badge when they’re accused of drunk driving.

If you’re facing DWI or related charges in New Jersey, an experienced DWI defense attorney can make a big difference in your case.

Call Matthew Reisig today at 732-625-9660 and talk to a lawyer for free.

Filed Under: DWI Information

NJ Mulls Ignition Interlock Devices For All DWI Convictions

January 15, 2017 by Matthew Reisig

Drivers who are caught operating their vehicles under the influence may be facing even harsher penalties in New Jersey if a bill under consideration becomes law.

State Senator Nicholas Scutari, a Democrat from Linden, is pushing legislation that would require even first-time DWI offenders to install an Ignition Interlock Device in their vehicles.

Ignition Interlock Devices prevent a car from starting when alcohol is detected in a sample of the driver’s breath.

Mothers Against Drunk Drivers (MADD), an organization focused on reducing drunk driving, believes that use of the devices has prevented more than 39,000 instances of drunk driving in New Jersey since 2010.

Current law only mandates them for repeat DWI offenders and in instances where a first-time conviction involved a blood alcohol level of .15% or higher.

Scutari’s bill has some sweeteners in it, including a reduction of the mandatory driver’s license suspension of three months to 30 days.

For drivers with a higher BAC, a seven month license suspension would fall to 45 days.

The downside to IIDs is that the driver is required to pay for their installation as well as a monthly leasing fee, increasing the overall costs of a DWI conviction for New Jersey drivers yet again.

The consequences of a DWI conviction in New Jersey can change your life, and rarely in a positive way.

If you’ve been charged with DWI anywhere in the state, call Matthew Reisig today at 732-625-9660 and talk to an experienced DWI defense attorney for free.

Filed Under: DUI Penalties

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