24 Feb #ABKLaw BLOG: RUN BRUCE, RUN – Marianne E. Bertuna’s predictions were right on the money when Bruce Springsteen was charged with DWI in New Jersey
RUN BRUCE, RUN
When this story broke two weeks ago, our Executive Partner Marianne E. Bertuna, Esq.’s predictions were right on the money in this Bruce Springsteen New Jersey Federal DWI case.
The outcome was predicted in the February 11th BLOG below: “WE WERE BORN TO DEFEND…Bruce Springsteen who was charged with DWI.,” which stated that this will be a difficult case for the US Attorney’s office in Newark to prove. They will have to prove the DWI and additional charges based on the credibility of the officers alone, as these charges rest solely on officer observation. AND SHE WAS RIGHT.
DID YOU KNOW:
A named partner in Aidala, Bertuna, & Kamins, Ms. Bertuna has carved out a well recognized expertise to represent those individuals who are arrested for driving under the influence of alcohol and drugs. She has been recognized as one of the top 100 attorneys in this field by the National Academy for DUI Defense.
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“Federal prosecutors, however, dismissed the DWI and reckless driving charges, noting that Springsteen’s blood alcohol content was a measly 0.02 — far below the state’s legal limit while driving of 0.08.
“It’s actually low enough that the defendant would be considered presumptively not impaired under New Jersey law,” said Assistant US Attorney Adam Baker. “We do look to New Jersey law as persuasive guidance.”
“On Wednesday, The Boss, 71, pleaded guilty to consuming alcohol in a consumed area after charges for driving while intoxicated and reckless driving were dropped during his arraignment Wednesday. The singer-songwriter was ordered to pay a $500 fine and an additional $40 court-related fee.
“The prosecutor was unable to provide the necessary evidence and facts as it related to the charge of Driving under the Influence (DUI) and Reckless Driving and therefore, dismissed both of those charges,” Ansell wrote in a statement to PEOPLE. “Mr. Springsteen, who has no previous criminal record of any kind, voluntarily plead guilty to a violation of consuming an alcoholic beverage in a closed area, agreeing to a fine of $500.” “
“The government does not believe it can sustain its burden of proof. We respectfully move the court to dismiss the two (remaining) charges.”
WE WERE BORN TO DEFEND…Bruce Springsteen who was charged with DWI
The National Park Service defines the commission of a DUI offense as a driver:
- Who is deemed incapable of safely operating a vehicle
- With a BAC of .08 percent or greater, or
- With a BAC that is greater than the limit established by state law, if the state’s DUI limit is more stringent then that is applied.
The arrest of Bruce Springsteen happened on federal property, Asbury Park, and so the Federal rules apply. Even though in the state of New Jersey a DWI arrest is made when a driver is deemed to have a BAC of .08 or higher. As per Federal rules, an officer may make an arrest for DWI if they believe someone is incapable of safely operating a vehicle. Here, they also added the charges of reckless driving and consumption of alcohol, in my opinion, to bolster the charge of DWI.
This will be a difficult case for the US Attorney’s office in Newark to prove. They will have to prove the DWI and additional charges based on the credibility of the officers alone, as these charges rest solely on officer observation.
Just because you have alcohol in your system does not mean that you are impaired or intoxicated. The Government will have to get over the tremendous hurdle that Bruce Springsteen’s BAC was only a .02, well below the Federal and New Jersey State limit. They simply can’t have it both ways! Either he was intoxicated or he wasn’t as per the test results weighing in at .02!
Also, the report states that they made this arrest immediately after Bruce Springsteen consumed a relatively small amount of alcohol for a man of his size. In the “DWI Criminal Defense World” there is something known as “mouth alcohol”, if the test is done so quickly after consumption, as the officers admitted that’s when it was done, the results can be considered inaccurate. Which means it probably would have been even lower had they waited!
And the elephant in the room, is that this is Bruce Springsteen in his home town of New Jersey! Most DWI cases under similar circumstances would have never ended up all over Social Media and in the News. So maybe a fan close by was videotaping the officers and they felt some more pressure to make an arrest or perhaps they are just not fans of The Boss aka Bruce Springsteen!
I am such a fan!
Call our office to learn more, or if you have a particular legal matter that requires immediate attention: 212-486-0011 or email us at Info@AidalaLaw.com
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