Today in State v McClean, the NJ Supreme Court reversed a drug conviction which had been partially based upon use of the so called “lay opinion rule” where the police officer testified based upon his training and experience as to what constituted intent to distribute. This type of issue is a hot topic in DWI…
This week something very important in DWI law took place when Judge Max Baker overturned a driving under the influence conviction this week. Judge Baker found that only one brand of thermometer probe should be used to determine the reliability of the breath-test machine.The decision, which covers the entire county, could throw out the results…
As a result of an investigation into several robberies and thefts, the defendant was implicated in those crimes. On January 1, 2005, five complaints were prepared against the defendant. Four of them sought authorization to arrest the defendant for various offenses and the fifth complaint charged him with resisting arrest and listed the address of…
Please take notice that as of August 1, 2011, the law regarding driving with a suspended license, N.J.S.A. 2C:40-26, has changed. It will now be a crime of the 4th degree if a person drives with a suspended license if the license was suspended for either a first or second violation of Driving While Intoxicated.…
In State v. Murphy, 412 N.J. Super. 553 ( App. Div. 2010), the defendant had been charged and convicted of possession of CDS. The defendant appealed alleging that the prosecutor has made improper remarks during her closing statement and that the trial court had erred when it permitted the prosecution to impeach the credibility of…
The U.S. Supreme Court is wrestling with a case that could give police greater power to forcibly enter a home without a warrant. The Constitution bars warrantless searches except in certain circumstances — for example, an emergency search to prevent the destruction of evidence. But on Wednesday, the question before the court was whether police,…
New Jersey Statute N.J.S.A 2A:17-56.23b (1) (a) provides that a judgment for child support entered and docketed with the Clerk of the Superior Court constitutes “a lien against the net proceeds of any settlement negotiated prior or subsequent to the filing of a lawsuit, civil judgment, civil arbitration award, inheritance or workers’ compensation award.” This…
Yesterday in State v Hand, approved for publication, the App Div affirmed the dismissal on double jeopardy grounds of a DWI that was downgraded after a plea to the accompanying indictable reckless endangerment charge (risk of widespread injury). The factual basis at the county was based on this def’s 4-50 and driving on a playing…
Argued Oct. 13, 2009 Decided May 6, 2010. Background: Following a conditional guilty plea after denial of motion to suppress, defendant was convicted in the Superior Court, Law Division, Hudson County, of third-degree unlawful possession of a handgun. Defendant appealed. The Superior Court, Appellate Division, 2009 WL 276716, reversed and remanded. State petitioned for certification.…
Argued Feb. 2, 2010. Decided July 14, 2010. Background: Defendant was convicted on his guilty plea in the Superior Court, Law Division, Essex County, of two counts of felony murder and one count of conspiracy to commit robbery. Defendant appealed. The Superior Court, Appellate Division, 2009 WL 1010931, affirmed. Defendant petitioned for certification. Holdings: The…