Montgomery County’s DUI Court Battles Sobering Problem

NORRISTOWN – DUI court in Montgomery County battles sobering problem as authorities seek to get repeat DUI offenders off the roads faster and bring DUI suspects before a judge quicker.

According to judge Cheryl Lynne Austin, DUI is a public safety issue. So everything is done to see that justice is swift to make the streets safer. People should be able to come home late from the movies without having to worry about drunk drivers, says Austin.

DUI Court, spearheaded by District Attorney Risa Vetri Ferman, was implemented in January 2014 in Montgomery County after several years of discussions among judges and prosecutors. According to Ferman, the need behind this was to save lives. If anything can be done to save lives being killed, maimed or injured in horrible DUI crashes, a great service is being done for the community.

The court looked for ways to track and expedite DUIs in an effort to handle drunken driving offenses. DUI has comprised nearly one quarter of the county’s total criminal court caseload, and their goal is to make punishment consistent to get repeat offenders off the road.

Last year, DUI represented about 20 percent of the total dispositions of criminal cases. The figure was recorded at 1,250 DUI cases from a total of 6,199 criminal cases. The Accelerated Rehabilitative Disposition probationary program disposed another 1,087 DUI cases which brought the total number of disposed cases last year to 2,337.

Similarly, the trial division disposed a total of 6,130 cases in 2013, from which DUI cases accounted to 1,355 cases. The ARD program also disposed 1,364 DUI cases, which brought the total number of disposed DUI cases to 2,719, according to county statistics.

DUI cases are now being treated as priority. Before 2014, other violent cases like those involving murder, robbery and rape took priority over DUI cases. The courts and attorneys had so much to deal with, that DUI cases were getting lost in the middle and courts and defenders were not noticing what people needed and the kind of treatment that should be provided to avoid similar incidents from happening in the future.

Since the cases were not dealt with on time, judges, prosecutors and lawyers realized that by the time offenders appeared in court, they had racked up repeat offenses after their first charge.

Because of these problems, DUI cases had to be streamlined into one court where all DUI cases would be heard together, ideally by one judge along with a team of DUI prosecutors to manage all DUI cases the same way in one place. Court is still working on this.

The second step taken to counter drunk driving in the county is to use new tracking methods to find repeaters. Officials in DUI court have reworked the model of monitoring criminal cases. In this model, the unit is run by names so when someone has multiple DUI files, all the files are put together. Previously, anyone with multiple DUIs will have separate files and each file was dealt with separately. Since the cases remained at different levels in the old method, the court could not consolidate them unless the defendant came to court to address all the cases at one time.

Under the new model, the DUI unit reviews the list of defendants every week, to identify cases of multiple DUIs in the system. Once someone with multiple DUIs is found, immediate action is taken to revoke or modify bail. Information is also shared between the DUI unit, local police and district judges about those who have been charged with multiple DUI offenses.

The third step taken in an effort to curb repeat offenders is encouragement of license surrender. Prosecutors are seeking to modify bail for certain offenders by imposing prohibition on driving, pending sentencing. Currently, those convicted of DUI do not have to surrender their licenses until they are sentenced. This step has been taken in an effort to fill the gap between guilty plea and sentencing. The new approach seeks to get the right dispositions in identifying the real problems these drunken and drugged drivers face. The sooner the problem is identified, the quicker the intervention can be.

Public safety is the first goal of the new DUI court. Under the new system, offenders who pose a danger to the public can be addressed quickly as early intervention would minimize any dangers of them re-offending.

With a team of prosecutors handling only DUI cases, it becomes easier for prosecutors to know if a defendant has multiple DUI cases so they can take immediate action. The new system allows the court to track the defendants so they can intervene and provide appropriate treatment at the right time before they could become a risk to public safety.

Moreover, the team approach under the new system lends consistency. With all DUI cases going to one judge, cases with similar facts can be dealt the same way.

Under the new system, court will focus on the law. The county’s DUI court will be better able to track offenders and get them to court faster. Offenders will be kept off the roads, leading to a reduction in the number of repeat offenses.

The court also has a treatment aspect whereby prosecutors address high-risk offenders with multiple cases. Repeat offenders are given incentives so they are able to complete the treatment successfully. These incentives may include early parole.

5-time offender, Nicholas M. Chaban, 54, was identified using the new system and it was clear he needed help. He had to be taken off the roads and needed treatment for substance abuse issues. His case is a classic example of repeat offenders that DUI Court targets for intervention. Using the new system, all five of Chaban’s cases went before the judge on February 6 where he pleaded guilty to four DUI charges and a drug possession charge.

Under the existing law, all of Chaban’s DUIs were being considered a first-offense for sentencing purposes, which had lesser penalties. However, Richman explained that with the new law, repeat offenses are identified which have higher penalties and stricter consequences. Chaban’s total sentence was increased and an additional requirement was put in place that prevented him from being paroled immediately. Meanwhile Chaban remained at the county jail as details of his admission to rehab were being finalized.

According to defense lawyers, treatment is important for repeat DUI offenders, but a number of options should be available for those who are in need of treatment. The presence of repeat offenses is clear that the offender needs help. If they are not given the help they need, the will end up returning to court again, facing increased jail time.

Ferman also said that more research needs to be done to make the entire process more effective. They have to look at other places across the country to see what is more effective so they can keep drunk drivers off the roadways and make the public safe.

News Source: www.PottsMerc.com

21-Year-Old Howell Man Faces 5 Years For Fatal DWI Crash That Killed His Passenger

FREEHOLD – 21-year-old Joseph M. Gonsalves of Howel pleaded guilty, Monday, to vehicular homicide in connection to a crash that took place in April, resulting in the death of his 21-year-old passenger.

Gonsalves was driving while intoxicated at the time of the crash and faces up to five years in prison under the plea agreement. His sentencing is scheduled for 22 May.

The passenger in his vehicle, Ronald Tremblay Jr., was riding in the backseat of the car. He had received a heart transplant as a child at the age of 6 years and was featured in the Asbury Park Press in April 1999. He was a first-grader at the time, struggling for life after suffering a viral infection. His family and friends, along with Howell sports leagues and local businesses, were able to raise more than $16,000 to help pay for his medical bills.

Gonsalves appeared in state Superior Court, Monday, before Judge Joseph W, to plead guilty to driving while intoxicated. He will have to serve at least 85 percent of the sentence before becoming eligible for parole under the ‘No Early Release Act’. He also faced other motor vehicle charges including driving while intoxicated under the age of 21, reckless driving, speeding and failure to maintain his lane. These charges will be dismissed at his sentencing as part of the guilty plea.

According to court records, Gonsalves had a blood-alcohol level of 0.147 when he was involved in the crash. He was driving a 2008 Nissan Altima and was taking a curve east on Alexander Avenue near Larabee Boulevard in Howell at around 10 p.m. April 16, 2014, when he skidded off the road. As a result, the vehicle hit a mailbox and two trees, before slamming into another tree.

21-year-old Brandon Roselli of Manalapan Township, a passenger in the front-seat, was wearing a seat belt. Gonsalves was also wearing a seat belt and sustained minor injuries in the crash. However, the passenger in the back seat died in the crash. He was taken to Kimball Medical Center in Lakewood where he was pronounced dead.

According to Gonsalves’ attorney, Richard Lomurro of Freehold, his client waived his right to a grand jury review, as well as a trial. Lomurro stated that his client was adamant that he wanted to take responsibility for this and not have the family and people involved go through a trial.

Gonsalves remains free on $75,000 bail.

News Source: www.AsburyParkPress.com

Off-Duty Police Officer Causes Fatal Accident Killing Fellow Officer

LINDEN, N.J. – Linden Police Officer Pedro Abad may have been driving drunk while off duty in the early morning hours of Friday, 20 March 2015, which resulted in the death of a fellow officer.

Police Officer Frank Viggiano was riding as a passenger in the car driven by Abad and was killed in the motor vehicle accident.

According to police reports, three off-duty New Jersey police officers were returning from a visit to a strip club when the accident occurred on New York City highway. Hours before the crash, Abad posted a photo of three shot glasses filled with what he identified as “Jack Daniels Fire on the house” on his Instagram page.

The photo also included a caption of a toast he had given. “The 3 of us, are decent people. There’s a decent woman out there for each of us. Sure it’s cool to be single every now and then, but I don’t give a damn what ANYONE says. At the end of the day, I want a family. I want to settle down. We all do. So here’s to finding that which we all hope for.”

Sadly, their vehicle crashed head-on into a tractor-trailer on the highway killing officer Viggiano, a civilian and critically injuring two policemen.

Linden Police Chief James Schulhafer said that an investigation is under way. Therefore, it is too early to speculate on what caused the accident.

Officer Viggiano and Joe Rodriguez, both 28-years-old, and passengers in the car, died in the crash. Rodriguez was a former county employee who was riding with the officers. Another police officer, 23-year-old Patrik Kudlac, was also a passenger in the vehicle. He and the driver, 27-year-old Pedro Abad, were both in critical condition and were taken to hospitals at Staten Island. Both of them were fighting for their lives and had severe extensive injuries.

The truck driver also suffered injuries in the crash, but they were not believed to be life-threatening.

According to the New York Police Department, investigators had Abad’s blood drawn and applied for a warrant to have the sample tested for blood alcohol levels.

A surveillance camera at a gas station recorded a video of a car traveling the wrong way on a service road just minutes before the wrong-way crash. The service road was adjacent to the highway and a southbound exit ramp lead from the highway onto the service road. This video was recorded at 4:48 a.m. and the crash on the highway was reported to 911 at 4:51 a.m.

Just before the crash, a tractor-trailer swerved out of the way of the car but a second tractor-trailer did not have enough time to veer away. The crash occurred on the West Shore Expressway on Staten Island.

The three officers involved in the crash were relatively new to the force. They were all unmarried without children. Abad was a six-year veteran, Viggiano was a five-year veteran and Kudlac had been on the job for two years.

Officer Frank Viggiano was a good person, well-liked by everyone. The incident is an unspeakable tragedy according to Royster.

Rodriguez’s family was also interviewed at their home in Linden. His father Angelo called his son “my pal” in the interview and said that they had planned to go trout fishing in two weeks. He said that his son was well-spoken and well-mannered and was always willing to help people. He also said that his son had lots of friends and loved basketball and fishing.

His father was not angry at the driver but was extremely saddened by his loss. He broke into tears at times while giving the interview. “It doesn’t matter if the driver was drinking because accidents happen,” he said. “I’m still in shock. He ain’t coming home no more.”

Joe’s uncle, Joseph Simone, was also interviewed. He described him as a family-oriented person. “He was too young. I was with him yesterday and he’s gone today,” Simone said.

“People are in a somber mood. I could see some officers with tears in their eyes. It is an emotional day for all of us. Like I said, we are a family and we’re all hurt by this,” Sarnicki said. “It’s tragic for people to lose their lives at such an early age, whatever the reason.”

News Source: www.Philly.com

Jersey City Man Facing Charges After Ramming Police Car While Driving Drunk

38-year-old Raymond Aguiar of Jersey City, who is facing charges after ramming a police car while driving drunk, made his first court appearance.

According to officials, Aguiar assaulted three police officers who were in their cruiser, and he refused to pull over while driving drunk.

Aguiar, who is a resident of the 700 block of Newark Avenue, had his bail set at $75,000 cash or bond. He appeared in Central Judicial Processing court in Jersey City via a video link from Hudson County jail in Kearny.

He is facing several charges including aggravated assault of three police officers after he rammed their vehicle. Apart from this charge, he also faced charges of eluding police, resisting arrest and possession of a motor vehicle master key. He is also facing criminal charges of possessing one bag of suspected cocaine, possession of two bags of suspected heroin and receiving stolen property in regard to a 1997 Honda Civic.

According to the prosecutor, Aguiar rammed the police vehicle while he was under the influence. He also eluded some unmarked cars as well as a marked car which was called in and then he rammed a police cruiser and also resisted arrest.

His past record shows that Aguiar has 22 prior arrests and numerous other convictions. He has faced criminal convictions for robbery as well as six disorderly persons convictions. Some of his other criminal convictions include eluding police, receiving stolen property, possession with intent to distribute within 1,000 feet of school property, possession of a vehicle master key, theft as well as two counts each of drug possession and burglary.

News Source: www.NJ.com

27-Year-Old Drunken Driver Crashed Into Bridgeton House

BRIDGETON – According to the city police, a suspected drunken driver crashed his vehicle into Bridgeton house late Monday.

The suspect, identified as 27-year-old Vincent Pierce, was finally arrested after several failed attempts and faced multiple charges.

The domestic violence incident began after Pierce crashed his car into the front of a house, followed by assault of a person. The authorities present at the scene tried to place him under arrest, ands were eventually able to subdue him with the help of pepper spray.

The assault victim was not identified, and the location of the incident was also not released. Information was withheld as it involved domestic violence.

As a result of the incident that took place at around 10:10 pm on Monday, Pierce faced multiple charges including aggravated assault, simple assault, resisting arrest, possession of marijuana as well as DWI.

According to authorities, Pierce possessed less than 50 grams of marijuana at the time of the arrest.

He was held at the Cumberland County jail on $10,000 bail.

News Source: PressOfAtlanticCity

Cumberland County teen charged with DWI after crashing into State Police car

19-year-old Andres Esteban of Bridgeton was charged with drunken driving and assault after crashing into a State Police cruiser Friday night.

According to police reports, the teenager then tried to flee on foot but was apprehended by the police. So he was also charged with leaving the scene of an accident. The incident took place on Route 77 in Upper Deerfield Township at around 9:10 pm when the police cruiser was travelling northbound on Route 77.

State Police spokeswoman Alina Spies said that Esteban also resisted arrest. All the charges against the teenager were filed Saturday.

Trooper Michael Scott was traveling in the State Police cruiser that was hit by Esteban. The trooper, stationed at the Bridgeton barracks, was taken to the Cooper University Hospital in Camden with non-life threatening injuries. He was later released from the hospital.

Esteban was driving a 1999 Toyota 4Runner at the time of the crash. He was driving with a suspended license.

He was taken to the Cumberland County jail on $50,000 bail.

Apart from the above listed charges, Esteban was also charged with causing a death or serious injury while in violation of a suspended license.

News Source: Pressofatlanticcity