Submitted by New Jersey DWI Lawyer, Jeffrey Hark. The Police and the court can not use the “Pen test” (HGN) to convict a defendant of DWI. A trial court judge can not use any evidence derived from the HGN as evidence of anything under any “Totality of the Circumstances” evaluation of the evidence. In this…
DAWN O’NEILL, v. ROBERT NEUSCH and LINDA NEUSCH, NEW JERSEY APPELLATE DIVISION August 29, 2019 PER CURIAM Procedural History Plaintiff, Dawn O’Neill, appeals the summary judgment dismissal of her personal injury action. She alleged in the complaint that she was seriously injured when she was caused to fall down the exterior steps of her sister’s home due to a negligently…
State v. Richardson. SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION Decided August 30, 2019 Submitted by New Jersey Drug Crime Lawyer, Jeffrey Hark. I Procedural History : Defendant William Richardson was indicted by an Ocean County grand jury and charged with third degree possession of heroin, N.J.S.A. 2C:35- 10(a)(1), third degree conspiracy to possess heroin, N.J.S.A.…
CIRILLO GONZALEZ, v. HECTOR LOPEZ, & EVERLYNIA HUDSON, NEW JERSEY APPELLATE DIVISION Decided August 30, 2019 Submitted by New Jersey Vehicle Accident Lawyer, Jeffrey Hark. Facts: Plaintiff Cirillo Gonzalez appeals from the trial court’s grant of summary judgment to defendant, Hector Lopez, dismissing with prejudice his automobile negligence complaint. We affirm. Facts from the record, viewed in a light most favorable…
NJ Appellate Division Rules a defendant can not give a ‘knowing and voluntary’ statement without being told that a summons or warrant has been signed against them in the 1st place!! Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. STATE OF NEW JERSEY, v. MICHAEL D. WHITE, Decided August 30, 2019 Gloucester County, Indictment No. 18-01-0079.…
**Correction** Submitted by New Jersey DWI Lawyer, Jeffrey Hark. Attached here is what I am told was the final bill signed. (Not as previously reported) 1st offense DWI or Refusal – Suspension only until interlock installed unless over .15 then 4-6mo DL Suspension 2nd offense DWI or Refusal 1-2y Suspension 3rd offense DWI or Refusal…
Newsflash Submitted by New Jersey DWI Lawyer, Jeffrey Hark. Announcement August 24, 2019 New Jersey Governor Murphy signs modifications to N.J.S.A. 39:4-50 1st offense DWI penalties. The period of driving suspension for drunk driving in New Jersey have been substantially reduced for a first offender’s. However the new sentencing requirements at the use of the…
A package of DWI reforms (S824) was signed by Gov. Murphy today. If you are convicted of DWI or refusal in New Jersey, you now must install an ignition interlock device – this includes first-time drunk-driving offenders. The lengths of license suspensions will be reduced dramatically. First-time offenders with BAC of.. 0.08 to 0.10 – must install…
Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. For Immediate Release: For Further Information: August 15, 2019 Office of The Attorney General – Gurbir S. Grewal, Attorney General Division of Criminal Justice – Veronica Allende, Director Media Inquiries– Peter Aseltine 609-292-4791 Citizen Inquiries– 609-984-5828 AG Grewal Issues First-In-The-Nation Statewide Directive to Enforce New Jersey’s “Extreme…
An expectation of privacy and “public access” to a common area of a boarded up row home. Submitted by New Jersey Criminal Lawyer, Jeffrey Hark State v. Williams NJ Appellate Division August 19, 2019 Approved for Publication Issue: The central issue in this appeal is whether a resident of a boarding or rooming house…