Published by New Jersey DWI Attorney, Jeffrey Hark. https://www.criminalcivillawyer.com/new-jersey-dwi-lawyer/ 14-2-9400 State v. Choi, App. Div. (per curiam) (13 pp.) Defendant, who was arrested for a variety of traffic offenses and pled guilty to driving while intoxicated, appeals the denial of his motion to suppress the evidence of his refusal to submit to a breath…
State v. Walker, A-49-11. Posted by drig crime defense pawyer, Jeffrey Hark. https://www.criminalcivillawyer.com/ Smoking pot while answering one’s front door, then tossing the evidence when seeing it’s the police, creates probable cause to search under the plain-view and exigent-circumstances doctrines, the state Supreme Court says. The justices reversed an Appellate Division ruling that suppressed drug…
Today the New Jersey Appellate Division ruled in the case Halvorsen vs. Villimil A-1306-11 addressing plaintiff evidentiary burden to produce eye witnesses under New Jersey’s Dram Shop statute. The court opined that the lack of eye witness testimony is not fatal to plaintiff’s claim and would not entitle defendant to Summary Judgment as a matter…
25 People Arrested in NJ Child Porn Sting The suspect’s range in age from 17 to 66 years old. By Kelly Bayliss and Monique Braxton Posted by: Sex Crime Attorney, Jeffery Hark on behalf of NBC10 Philadelphia NBC10.com – Monique Braxton After a three-month investigation, officials arrested more than two dozen men in a statewide…
On February 7, 2013, the New Jersey Appellate Division decided the case State v. Gibson (Docket No. A-5163-10T2) and found that the municipal court erred by relying on evidence from a suppression hearing during defendant’s trial on the merits. By doing this, the defendant was denied his due process rights. Posted by: New Jersey Criminal…
Major Changes Proposed to New Jersey Drunk Driving Law Submitted by NJ DWI Lawyer, Jeffrey Hark. Senate Bill 2427 introduced on January 8, 2013 would require all drunk driving offenders to install an ignition interlock devicein any motor vehicle that he or she owns, leases, or primarily operates for a set duration. If the drunk…
State v. Earls420 N.J. Super. 583 (App Div. 2011) Posted by: New Jersey Criminal Lawyer, Jeffery Hark Relevant Facts: The defendant was suspected of committing numerous residential burglaries. Officers obtained an arrest warrant for the defendant and couldn’t locate him. Thus, the police contacted T–Mobile, which was defendant’s cell phone carrier. T–Mobile was able to…
State v. Rue Not Reported in A.3d, 2013 WL 195520 (App. Div. 2013) Posted by: New Jersey Criminal Lawyer, Jeffery Hark On March 15, 2007, two officers were patrolling in a high crime area in Trenton. The officers saw an Oldsmobile stopped in a driveway and a person was leaning into the passenger window. The…
Surveillance Discovery In Herrick v. Wilson, the New Jersey Superior Court held that defendants are required to produce copies of the surveillance videos in its possession to the plaintiffs before the plaintiffs are deposed. The plaintiffs in Herrick were involved in a car accident when they were struck by a vehicle driven by a valet…