DWI and DUI
NJ Court Upholds Denial to Vacate 2018 DWI Guilty Plea in Appeal
State of New Jersey v. Anthony Barbato Docket No. A-3654-22 Decided October 16, 2024 Submitted by New Jersey DWI Lawyer, Jeffrey Hark. In a recent unpublished opinion, the Appellate Court of New Jersey decided defendant’s appeal from the denial of his motion to vacate his guilty plea to driving while intoxicated (“DWI”). On May 16, 2018,…
Read MoreNJ Appellate Court Reverses DWI Conviction in State v. Jonathan Carambot
State of New Jersey v. Jonathan Carambot Docket No. A-1228-22 Decided May 30, 2024 Submitted by New Jersey DWI Lawyer, Jeffrey Hark. In a recent unpublished opinion, the Appellate Court of New Jersey decided defendant’s appeal from his conviction for driving while intoxicated (DWI), N.J.S.A. 39:4-50, following a trial de novo in the Law Division. On…
Read MoreNJ MVC will require any offender who installs pre-court to return to Motor Vehicles a second time in order to start their sentence.
MVC sees the new law as not giving credit to offenders for interlock time served prior to conviction. They contend that the sentence lengths post conviction will remain the same. As a matter of process they will need a start time for the interlock requirement and will need the offender to return to MVC with…
Read MoreDRAM SHOP CLAIM DISMISSED DUE TO PLAINTIFF’S FAILURE TO ESTABLISH FACTS THAT PLAINTIFF WAS VISIBLY INTOXICATED BEFORE LEAVING DEFENDANT’S PLACE OF BUSINESS
Jose Santiago v. Oscar Moran, et al. Docket No.: A-2010-21 Decided January 3, 2024 Submitted by New Jersey DWI Lawyer, Jeffrey Hark. In a recent unpublished decision, the Appellate Division affirmed the granting of Defendant’s motion for summary judgment dismissing plaintiff’s dram shop claim because plaintiff’s failed to produce an expert report establishing Plaintiff’s level…
Read MoreDWI Conviction Upheld in State v. Elizabeth Karlinski – A-2836-21
State of New Jersey v. Elizabeth Karlinski Docket No. A-2836-21 Decided October 27, 2023 Submitted by New Jersey DWI Lawyer, Jeffrey Hark. In a recent unpublished opinion, the Appellate Court of New Jersey decided defendant’s appeal from her conviction for driving while intoxicated (DWI). The record reflects that on March 9, 2019, at approximately 1:00 a.m.,…
Read MoreAppellate Decision Upholds DWI & Refusal Convictions in NJ: Legal Analysis & Representation Offered
State of New Jersey v. Kevin Simmons Docket No. A-3438-21 Decided July 26, 2023 Submitted by New Jersey DWI Lawyer, Jeffrey Hark. In a recent unpublished opinion, the Appellate Court of New Jersey decided defendant’s appeal from a June 3, 2022 Law Division order upholding his convictions for driving while intoxicated (DWI), N.J.S.A. 39:4-50; and refusal…
Read MoreNEW JERSEY SPECIAL MASTER FINDS DRUG RECOGNITION EXPERTS (DRE) ADMISSIBLE UNDER NEW DAUBERT LEGAL STANDARD
State v. Michael Olenowski Appellate Docket No.: A-56 Decided April 13, 2023 Submitted by New Jersey DWI Lawyer, Jeffrey Hark. In a recent supplemental report, Special Master recalled Judge Joseph F. Lisa has concluded Drug Recognition Experts (DRE) used in criminal and Driving While Intoxicated (DWI) and Driving Under the Influence (DUI) cases are admissible. On…
Read MoreState of New Jersey v. William Mongillo, Jr.: Appeal from an Order Finding Defendant Guilty Of DUI, Refusal to Submit to a Breath Test, Reckless Driving, and Failure to Maintain Lane
State of New Jersey v. William Mongillo, Jr. Docket No. A-3002-20 Decided December 30, 2022 Submitted by New Jersey DWI Lawyer, Jeffrey Hark. In a recent unpublished opinion, the Appellate Court of New Jersey decided defendant’s appeal from an order finding him guilty of DUI, refusal to submit to a breath test, reckless driving, and failure…
Read MoreDefendant Contended That His Un-Mirandized Statements to Police Should Have Been Suppressed and That the Court Committed Reversible Error
State of New Jersey v. Elijarh Hogges Docket No. A-1666-19 Decided December 2, 2022 Submitted by New Jersey DWI Lawyer, Jeffrey Hark. In a recent unpublished opinion, the Appellate Court of New Jersey decided defendant’s appeal from judgment of conviction entered after a jury trial of four counts arising from a motor vehicle collision that resulted…
Read MoreState’s Appeal from An Order Suppressing Defendant’s Alleged Intoxication as a Sanction for The State Trooper’s Absence at Trial
State of New Jersey v. Jacob Hiller Docket No. A-2647-21 Decided November 30, 2022 Submitted by New Jersey DWI Lawyer, Jeffrey Hark. In a recent unpublished opinion, the Appellate Court of New Jersey decided the State’s appeal from an order suppressing defendant’s alleged intoxication as a sanction for the State Trooper’s absence at trial. In November…
Read More