DWI and DUI
Motion To Suppress the Alcotest Results Which Led to Arrest for Driving While Intoxicated (“DWI”)
State of New Jersey v. Ryan Peschieri Docket No. A-1791-20 Decided November 16, 2022 Submitted by New Jersey DWI Lawyer, Jeffrey Hark. In a recent unpublished opinion, the Appellate Court of New Jersey decided defendant’s appeal of his motion to suppress the Alcotest results which led to his arrest for Driving While Intoxicated (“DWI”). At approximately…
Read MoreDefendant Threatened to Commit a Crime of Violence Upon the Officers by Infecting Them With COVID-19
State of New Jersey v. Zharia Young Docket No. A-3342-21 Decided November 14, 2022 Submitted by New Jersey DWI Lawyer, Jeffrey Hark. In a recent unpublished opinion, the Appellate Court of New Jersey decided defendant’s appeal of the denial of her motion to dismiss the indictment charging her with third-degree Terroristic Threats. In April 2020, officers…
Read MoreDriver accused of traveling 113 mph before fatal DWI crash indicted
Submitted by New Jersey DWI Lawyer, Jeffrey Hark. A grand jury has indicted a Salem County man on aggravated manslaughter and death by auto charges following a fatal crash in which he was allegedly traveling at more than 100 mph just seconds before the collision. Stephen M. Karwowski, 30, of Pittsgrove Township, was driving a pickup…
Read MorePrior Uncounseled Convictions for Driving While Intoxicated (DWI) Cannot Be Used to Enhance a Sentencing Scheme for Subsequent DWI Convictions
State v. Michael Konecny Appellate Docket No.: A-21-20 Decided April 5, 2022 Submitted by New Jersey DWI Lawyer, Jeffrey Hark. In a recent decision, the Supreme Court of New Jersey held that a prior uncounseled conviction for driving while intoxicated (DWI) cannot be used to enhance a sentencing scheme for subsequent DWI convictions. In Konecny, after…
Read MoreDriver was going 113 mph just before fatal DWI crash, prosecutor says
Submitted by New Jersey DWI Lawyer, Jeffrey Hark. A man charged in a fatal drunken driving accident in Salem County was traveling at 113 mph moments before the crash, a prosecutor said in court Wednesday. Stephen M. Karwowski, 30, of Pittsgrove Township, is charged with first-degree aggravated manslaughter, second-degree vehicular homicide and fourth-degree assault by auto…
Read MoreInfrastructure bill includes requiring new technology to stop drunken driving
Submitted by New Jersey DWI Lawyer, Jeffrey Hark. WASHINGTON – Congress has created a new requirement for automakers: Find a high-tech way to keep drunken people from driving cars. It’s one of the mandates along with a burst of new spending aimed at improving auto safety amid escalating road fatalities in the $1 trillion infrastructure package…
Read MoreAn Officer Can Access the Information on Their Mobile Data Terminal (MDT) Randomly, Without Reasonable Suspicion
State v. Carrigan Appellate Docket No.: A-1252-19 Decided August 10, 2021 Submitted by New Jersey DWI Lawyer, Jeffrey Hark. In a recent unpublished opinion, the Appellate Division of New Jersey ruled an officer can access the information on their mobile data terminal (MDT) randomly, without reasonable suspicion that a traffic offense is being committed. In State…
Read MoreFor a DUI or DWI in New Jersey, the Accused Must Be Observed for Twenty Minutes Uninterrupted
State v. Bruno Docket No. A-1144-19 Decided June 29, 2021 Submitted by New Jersey DWI Lawyer, Jeffrey Hark. In a recent unpublished decision the Appellate Division of New Jersey affirmed defendant’s guilty plea to a driving while intoxicated (DWI) after defendant challenged the twenty-minute observation period prior to the Alcotest breathalyzer. In Bruno, as part of…
Read MoreFailure of A Judge to Advise You About Increased Penalties for Future DUI’s, Will Not Prevent Those Increased Penalties from Being Applied
State v. Lukens Appellate Docket No.: A-0458-20 Decided April 13, 2021 Submitted by New Jersey DWI Lawyer, Jeffrey Hark. In an unpublished opinion, the Appellate Division of New Jersey reviewed whether the failure to warn defendant of increased penalties, including six months imprisonment for a conviction of a third driving while intoxicated (DUI), during the plea…
Read MoreWindow Tint Will Almost Always Be Grounds for Police to Pull You Over
State v. Cohen Appellate Docket No.: A-0210-19 Decided April 5, 2021 Submitted by New Jersey DWI Lawyer, Jeffrey Hark. In a recent unpublished opinion, the Appellate Division of New Jersey reviewed whether a police traffic stop was lawful when police believed there was window tint even though there actually was not unlawful tint. In State v.…
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