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In re Shiekman an Attorney at Law

Supreme Court of New Jersey

January 17, 2018


          Argued: October 19, 2017

          District Docket No. XIV-2016-0441E

          Joseph A. Glyn appeared on behalf of the Office of Attorney Ethics.

          Robert E. Ramsey appeared on behalf of respondent.

          Ellen A. Brodsky g Chief Counsel


          Bonnie C. Frost, Chair

         To the Honorable Chief Justice and Associate Justices of the Supreme Court of New Jersey.

         This matter was before us on a motion for final discipline filed by the Office of Attorney Ethics (OAE), pursuant to R. 1:20-13(c)(2), following respondent's guilty plea to an accusation charging him with fourth degree assault by auto and driving while intoxicated, violations of N.J.S.A. 2C:12-1c(2) and N.J.S.A. 39:4-50, respectively. The OAE recommends that we impose a reprimand. Respondent agrees with that recommendation. For the reasons expressed below, we determine to impose a reprimand.

         Respondent was admitted to the New Jersey bar in 2008. He practices law in Tenafly, New Jersey. He has no history of

         On June 22, 2016, respondent was arrested on the New Jersey Turnpike in Woodbridge Township after rear-ending a car. A state police officer detected alcohol on respondent's breath, and observed that his eyes were bloodshot and watery, and that his speech was slurred. Respondent, however, denied consuming alcohol. The officer administered standard field sobriety tests, which were discontinued after respondent claimed that his neck, back, and arms hurt. The officer then placed respondent under arrest, after which he was transported to the Raritan Bay Medical Center for treatment. At the hospital, respondent again denied that he had consumed alcohol or taken any drugs and he refused to sign a consent form to have his blood drawn and tested. The officer, thus, obtained a telephonic search warrant for blood samples. After technicians drew respondent's blood, the officer transported respondent to the Cranbury police station for processing. The certified toxicology analysis, dated June 30, 2016, showed that respondent's blood alcohol level was 0.197%.

         Respondent was charged with fourth-degree assault by auto, in violation of N.J.S.A. 2C:12-1c(2); being under the influence of a controlled dangerous substance for a purpose other than the treatment of sickness or injury as lawfully prescribed or administered by a physician, a disorderly persons offense, in violation of N.J.S.A. 2C:35-10b; and driving while intoxicated, in violation of N.J.S.A. 39:4-50. He was issued the following traffic citations: operating a vehicle while under the influence of liquor or drugs, in violation of N.J.S.A. 39:4-50; reckless driving, in violation of N.J.S.A. 39:4-96; careless driving, likely to endanger person or property, in violation of N.J.S.A. 39:4-97; following too closely, in violation of N.J.S.A. 39:4-89; unsafe lane change, in violation of N.J.S.A. 39:4-88B, and failure to obey traffic signs or signals, in violation of N.J.S.A. 19:9-13.

         On January 9, 2016, respondent's attorney executed a waiver of indictment. Thereafter, the Middlesex County Prosecutor's Office filed an accusation, charging respondent with fourth-degree causing bodily injury to two individuals by driving a vehicle while under the influence.

         On January 9, 2017, respondent entered a guilty plea before the Honorable Pedro J. Jimenez, Jr., J.S.C., Superior Court of New Jersey, Law Division, Criminal Part, Middlesex County. Respondent admitted that he was guilty of the charges that had been filed against him. Specifically, he admitted that, on the day of the accident, he had been drinking beer "and spirits" and that approximately ninety minutes had elapsed between the time he had been drinking and his operation of the vehicle. The accident occurred after he had exited the Garden State Parkway and was entering the New Jersey Turnpike. He obtained a turnpike "billet to pay the toll," then accelerated, and struck the vehicle in front of him. Respondent conceded that he had consumed sufficient quantities of alcohol that day such that it was unsafe for him to be driving. Respondent admitted having a blood alcohol level of .19 - more than twice the legal limit under New Jersey law. He admitted further that, as a result of the accident, three individuals from the other vehicle were transported to the hospital with non-serious injuries.

         On April 7, 2017, Judge Jimenez sentenced respondent to three years' probation, with the possibility of its termination after one year, at the discretion of the probation department, if respondent paid all fines, completed drug and alcohol evaluation, submitted to random urine monitoring, and otherwise complied with probation's requirements. The ...

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