DWI and DUI
An Alcotest and Field Sobriety Test Are Not Absolutely Necessary to Prove Intent to Operate A Vehicle Under the Influence
State v. Lyons Appellate Docket No.: A-3017-19 Decided March 24, 2021 Submitted by New Jersey DWI Lawyer, Jeffrey Hark. In a recent unpublished opinion, the Appellate Division of New Jersey reviewed a conviction of a driving under the influence of intoxicating liquor (DUI) and leaving the scene of an accident after defendant was found outside of…
Read MoreUnderstand the Different Levels of Information Officers Need when Investigating to Properly Make an Arrest
State v. Ruffin Appellate Docket No.: A-3979-18 Decided March 8, 2021 Submitted by New Jersey DWI Lawyer, Jeffrey Hark. In a recent unpublished opinion, the Appellate Division of New Jersey reviewed a Controlled Dangerous Substance (CDS) Driving Under the Influence (DUI) after police found a man hunched over in his car on the side of the…
Read MoreState v. Fagg | New Jersey Appellate Division unpublished Decision: Filed: 2021-01-08
Submitted by New Jersey DWI Lawyer, Jeffrey Hark. Michale Fagg appeals his conviction of driving while intoxicated DWI. At around 1:30 AM, witness Jill Muriithi noticed that a vehicle was parked at the entrance of the parking lot of her apartment complex. The vehicle was just sitting there with its lights on. She had to pull…
Read MoreWhy Is It So Hard To Test Whether Drivers Are Stoned?
Submitted by New Jersey DWI Lawyer, Jeffrey Hark. Law enforcement officials would love to have a clear way to tell when a driver is too drugged to drive. But the decades of experience the country has in setting limits for alcohol have turned out to be rather useless so far because the mind-altering compound in cannabis,…
Read MoreRefusing to Provide a Sample for a Breathalyzer will Result in a Conviction if the Defendant Cannot Show Circumstances of the Refusal
State v. Harris Appellate Docket No.: A-5499-18T1 Decided October 26, 2020 Submitted by New Jersey DWI Lawyer, Jeffrey Hark. In an unpublished opinion, the Appellate Division of New Jersey reviewed a Law Division appeal of a conviction of a refusal to take a DUI breathalyzer because defendant had a brain tumor. In State v. Harris,…
Read MorePTI Denial where Defendant had Two Prior DUI’s and Driving while Suspended
State v. Leszczynski Appellate Docket No.: A-3653-18T1 Decided October 6, 2020 Submitted by New Jersey DUI Lawyer, Jeffrey Hark. In an unpublished opinion, the Appellate Division of New Jersey reviewed whether a denial for PTI was appropriate for driving while suspended after two DUIs. In State v. Leszczynski, Defendant, Frances H. Leszcynski, appeals from a…
Read MoreBe Careful When Challenging Alcotest Test Results | New Jersey DWI
State v. Meyer Appellate Docket No.: A-3138-18T1 Decided September 18, 2020 Submitted by New Jersey DWI Lawyer, Jeffrey Hark In a recent unpublished decision, the Appellate Division reviewed whether a DWI conviction was properly administered in municipal court. In State v. Meyer, defendant was involved in a three-car accident in Lacey Township that resulted in…
Read MoreSecond or Subsequent DUI Violation and Precisely Defining Any Probationary Terms
State v. Chavarria: Submitted by New Jersey DUI Lawyer, Jeffrey Hark. Defendant, Chavarria, originally entered negotiated guilty pleas to two counts of driving with a license suspended for a second or subsequent DUI violation, DUI, and refusing to provide a breath sample. In accordance with the plea agreement, the trial court sentenced him to an…
Read MoreYou do not need to be in your car to be convicted of a DWI in New Jersey
State v. John Thompson New Jersey Appellate Division (Approved for Publication February 10, 20200 Submitted by New Jersey DWI Lawyer, Jeffrey Hark. Fact: In appealing his convictions for operating a vehicle while under the N.J.S.A. 39:4-50.2, defendant argues that the evidence does not support the statutory requirement of “operat[ing]” the vehicle when the record reveals…
Read MoreDWI defense of “necessity“
This is a very interesting case for several points. I will address each one individually. Submitted by New Jersey DWI Lawyer, Jeffrey Hark. Standard of review for the appeal of a municipal court decision by the municipal court judge. I have written numerous blogs on this issue previously but it worth repeating at this time.…
Read More