Hoboken NJ Criminal Mischief, DUI Arrests
As usual, the Hoboken St. Patrick’s Day festivities, informally known as Lepre-Con, on March 1st featured thousands of revelers enjoying a full day of house parties, pub crawls, and dark beer. And as usual, there were various arrests made throughout the day. Just across the Hudson River from Manhattan, Hoboken is a young professional haven, featuring one square mile of bars, restaurants, and apartment housing.
Nj.com reports that this year’s Lepre-Con offenses include four DWI arrests, four assault arrests, four on criminal mischief charges, three arrests for disorderly conduct, and one arrest for obstruction. Of particular note is the instance of a man who was found clutching a pylon in the river after being assaulted by three unknown men wearing black who threw him into the river after a confrontation. Hoboken police assisted the man who was treated for minor injuries and hypothermia.
Simple assault is a disorderly persons offense punishable by up to six months in county jail, steep fines, probation, and community service. A person is guilty of a simple assault if he or she: (1) Attempts to cause or purposely, knowingly or recklessly causes bodily injury to another; or (2) Negligently causes bodily injury to another with a deadly weapon; or (3) Attempts by physical menace to put another in fear of imminent serious bodily injury. If caught, the assailants will likely faces charges in Hoboken Municipal Court.
One man was charged with criminal mischief after pulling a urinal off of a wall at the popular Dubliner bar. The damages totaled over $1600.00. A person is guilty of criminal mischief if he purposely or knowingly damages the property of another. This offense can range in severity, but in this case, he will likely be charged with a fourth degree indictable offense because the amount of money in property damage was between $500 and $2000. As an indictable offense, this individual’s case will be heard in Hudson County Superior Court.
Of the four DWI arrests, some were actually charged against individuals who were sleeping in their cars with the engine on. This is because the State of New Jersey liberally construes the definition of “operation” in its Driving While Intoxicated Law. N.J.S.A 39:4-50 tells us that the element of operation is established only if there is actual operation or if it is clear that the offender exhibits: 1.) Physical control over the vehicle, 2.) The ability to operate the vehicle, and 3.) Intent to operate the vehicle (e.g. keys in the ignition with intention to move vehicle)
Finally, disorderly conduct is a common Hoboken Disorderly Persons Offense. Essentially a crime of improper behavior, the offense applies to fights, excessive noise, public drunkenness, and many other types of behaviors exhibited by drunken young adults wearing green.
If you haven’t enjoyed a Hoboken St. Paddy’s Day yet, it is a fun experience. If you get into a wee bit of trouble, feel free to contact Proetta & Oliver to speak with a Hudson County Criminal Defense Lawyer.