A4284 – S2939 Expands Implied Consent Statute to Include Blood And Urine Testing

August 19, 2013 |

On June 24, 2013 the New Jersey Assembly introduced a bill to expand the implied consent of motor vehicle operators to include blood and urine testing. The bill would amend P.L.1966, c.142 which currently on includes breath. The bill is aimed at giving police more tools when a driver is suspected of driving while intoxicated.…

Requirement to Provide Experts

August 12, 2013 |

August 12, 2013 Gordon v. Township of Toms River, Appellate Division A-5139-11T1 Requirement to provide experts Submitted by New Jersey criminal lawyer Jeffrey Hark   August 8, 2013, the Appellate Division affirmed the trial court’s summary judgment against the plaintiff Richard Gordon. On September 27, 2009, Gordon had a few drinks that evening on the Seaside…

Truck overturns on parkway near Somers Point, driver injured

August 11, 2013 |

By ANJALEE KHEMLANI, Staff Writer. Article originally posted by pressofatlanticcity SOMERS POINT – A northbound accident on the Garden State Parkway injured the driver of an overturned dump truck, police said. Both lanes of the roadway were blocked and the traffic was being directed onto the shoulder to bypass the accident scene. State Police advised…

“third-party intervention” exception or “private search” doctrine

August 8, 2013 |

State v. Wright, Appellate Division A-4813-10T1 “third-party intervention” exception or “private search” doctrine Criminal case summary provided by New Jersey Criminal Lawyer, Jeffrey Hark   July 25, 2013, the Appellate Division affirmed the conviction of a defendant based on evidence obtained under the “third-party intervention” doctrine where police can search a defendant’s property without a warrant,…

New rule: No texting while operating a CMV

August 7, 2013 |

Originally posted by the US Department of Transportation here: http://www.fmcsa.dot.gov/rules-regulations/topics/distracted-driving/texting-factsheet.aspx No Texting Rule Fact Sheet Related Links No Texting Rule Fact Sheet (PDF) New rule: No texting while operating a CMV Overview and Background FMCSA has published new rules that restrict texting and the use of hand-held mobile phones by truck and bus drivers while…

New texting and mobile phone restrictions for commercial motor vehicle (CMV) drivers

August 7, 2013 |

Original article posted by the US Department of Transportation: http://www.fmcsa.dot.gov/rules-regulations/topics/distracted-driving/overview.aspx   What You Need to Know New texting and mobile phone restrictions for commercial motor vehicle (CMV) drivers The FMCSA and the Pipeline and Hazardous Materials Safety Administration (PHMSA) have published rules specifically prohibiting interstate truck and bus drivers and drivers who transport placardable quantities…

Prior Traffic Convictions and Pre-Trial Intervention (PTI)

August 4, 2013 |

State v. Sharp, App. Div.       New Jersey’s Appellate Division recently agreed with a County prosecutor’s office that prior traffic convictions for Driving while Suspended is a correct reason to deny someone from the county’s PTI program.  Mr. Sharp applied for PTI at the county level after he was indicted for driving while suspended after…

Drunk Driving Defense – Mid Trial Discovery Admitted

July 29, 2013 |

Published by New Jersey DWI Lawyer, Jeffrey Hark.https://www.criminalcivillawyer.com/new-jersey-dwi-lawyer/   June 28, 2013, the Appellate Division affirmed the drunk driving conviction where defendant unsuccessfully sought suppression of an Alcohol Influence Report (AIR) because it was submitted after discovery ended. The defendant was appealing his August 12, 2012 conviction for violation of driving while intoxicated (DWI) pursuant to…

EFFECTIVE CRIMINAL DEFENSE: LEGAL MALPRACTICE

July 18, 2013 |

July 16, 2013 State v. Headley, App. Div. A-4256-11T2 EFFECTIVE CRIMINAL DEFENSE LEGAL MALPRACTICE MOTION TO SUPPRESS INCULPATORY STATEMENT WITHOUT MIRANDA WARNINGS SHOULD BE SUPPRESSED!! July 12, 2013, the Appellate Division reversed and remanded the trial court and Law Division conviction of Junior A. Headley for possession of burglary tools. On June 28, 2011, the…

Parental Influence of Child Sex Assault Case Jeopardizes Judge’s Decision

July 15, 2013 |

14-2-0579 State in the Interests of K.S., App. Div. Docket No. A-0970-11T4 PARENTAL INFLUENCE OF CHILD SEX ASSAULT CASE JEOPARDIZES JUDGE’S DECISION—TAINT–               July 9, 2013 the Appellate Division reversed a ruling of child abuse against K.S., 11 years old at the time of the incident, for allegedly causing K.E., a nine year old,…