Alcohol- Fueled Crimes

A series of criminal encounters has resulted in a suspended suspension of six months by the New Jersey Supreme Court.

The report of the Disciplinary Review Board noted a serious of alcohol related crimes.

In 2012

Respondent admitted that, on December 30, 2010, while under the influence of alcohol, she had an argument with her former husband, grabbed a butcher knife, and threatened him with it. Because she had consumed alcohol, when the police arrived, she “end[ed] up scuffling” with them, and kicked one of the police officers.

At the sentencing hearing before Judge Roma, respondent’s attorney pointed out that she had an alcohol problem, but continued to receive counseling. Respondent revealed that she had been married and divorced twice and had two children from two different fathers. She asserted that she had “a horrible second marriage,” and chose to remain in a violent relationship, “destroying” herself with alcohol. Respondent maintained that she had paid for her mistakes, including losing custody of her children “for a long period of time.” Her participation in various programs helped her to regain joint custody of them.

In 2015

She admitted that, on August 30, 2014, while in Ramsey, New Jersey, she consumed sufficient amounts of alcohol to become intoxicated. Therefore, the police were summoned to the Ramsey Liquors parking lot. While one of the police officers tried to speak to her and to remove her from the scene, she attempted to hit him. As a result of her arrest, respondent violated her probation.

In sum

Here, during a four-year period, respondent had four separate  encounters with the criminal justice system. Her misconduct, fueled by alcohol, resulted in her attempt to assault her former husband by threatening him with a knife; assault upon police officers; and charges of endangering the welfare of her children, causing her to temporarily lose custody of them. Respondent was given every opportunity to conform her behavior but failed to do so. Her PTI was revoked when she violated probation. Each encounter with the criminal justice system resulted in a requirement of drug and alcohol testing and counseling, and ADV counseling. Clearly, until very recently, respondent remained sober only for brief intervals. The consequences of respondent’s inability to remain sober were serious and the discipline for her conduct should reflect the seriousness of her repeated offenses…

We have considered respondent’s considerable efforts toward rehabilitation and the hardships that a suspension may cause at this juncture. We, therefore, determine to suspend the suspension, conditioned on respondent’s continued sobriety and good behavior. If, during the period of her suspended suspension, respondent engages in similar conduct that results in her arrest, we recommend that, upon the OAE’s filing of a certification with the Court, the Court impose a six-month suspension, without further notice.

We further determine to require respondent to submit to random alcohol monitoring and, for a six-month period, to continue with alcohol treatment and therapy.

We also require respondent to provide to the OAE proof of continued treatment for her alcohol addiction, as well as proof of fitness to practice from an OAE-approved mental health professional within sixty days of the Court’s Order herein.

(Mike Frisch)