DWI and DUI
Is Not Using a Turn Signal When No Other Vehicles are Present Against the Law?
Submitted by New Jersey DWI Lawyer, Jeffrey Hark. If i do not use my turn signal late at night when no other vehicle is around, is that a traffic violation? What should i do if I get pulled over in the middle of the night and charged with DWI when I am not speeding I…
Read MoreWarrants Required for Blood Draws in DWI Cases | Birchfield v North Dakota
Submitted by New Jersey DWI Lawyer, Jeffrey Hark. What does it mean for you, the person who just was pulled over and the police are demanding you give blood!! DON’T GIVE BLOOD UNTIL YOU SEE THE WARRANT SIGNED BY A JUDGE REQUIRING YOU TO GIVE IT!!!!! US Supreme Court affirms warrant requirement for blood draw…
Read MoreDriving With a Suspended License for DWI in New Jersey
State v. Torres Decided June 6, 2016 Submitted by New Jersey DWI Lawyer, Jeffrey Hark. In this case the defendant was convicted of driving law suspended during a period of a DWI suspension. The defendant argued that the court ordered two year period of suspension had expired before he was charged with driving during that…
Read MoreDriving in New Jersey with a Suspended License as a Result of an Out-Of-State DWI Conviction
Submitted by New Jersey DWI Lawyer, Jeffrey Hark. State v. Luzhak. New Jersey Appellate Division approved for publication April 28, 2016. Issue out of state DWI considered for purposes of New Jersey driving while suspended due to DUI conviction case law. This is a case update addressing the recent case law regarding being charged with…
Read MoreMajor changes to N.J. drunk driving law reach Christie’s desk
Submitted by New Jersey DWI Attorney, Jeffrey Hark John Ruocco, Chief Executive of Interceptor Ignition Interlocks, does a demo of the device called the Interceptor by blowing into a breathalyzer in this 2010 file photo. (Jennifer Brown/The Star-Ledger) TRENTON — A proposed law to drastically change the way New Jersey punishes drunken drivers has hit…
Read MoreNewly Proposed Drunk Driving Legislation Awaiting Chris Christie’s Signature
Statement of the newly proposed drunk driving legislation This bill revises penalties for various drunk driving offenses. These revisions include mandating the installation of an ignition interlock device in the motor vehicle owned, leased, or principally operated by the offender and the operation of such vehicle under a restricted use driver’s license, or alternatively, mandating…
Read MoreIgnition interlock bill to deter drunk driving moved to N.J. Assembly after Senate approval
Submitted by New Jersey DWI Attorney, Jeffrey Hark. The state Senate passed legislation on Thursday (S-2427) that would require drunk drivers to install an ignition interlock device into their vehicle. The bill passed the Senate with a vote of 34 to 2, and is now sent to the Assembly Judiciary Committee. “This bill attempts to…
Read MoreNew Bill Revises Penalties for Drunk Driving, Including Installation of Ignition Interlock Device
Submitted by New Jersey DWI Attorney, Jeffrey Hark ASSEMBLY, No. 3835 STATE OF NEW JERSEY 215th LEGISLATURE INTRODUCED FEBRUARY 14, 2013 Sponsored by: Assemblywoman LINDA STENDER District 22 (Middlesex, Somerset and Union) Assemblyman RALPH R. CAPUTO District 28 (Essex) SYNOPSIS Revises penalties for certain drunk driving offenses, including mandating installation of ignition interlock…
Read MoreMandatory Sentences Must Be Custodial
Submitted by New Jersey DWI Attorney, Jeffrey Hark. This blog very briefly discusses mandatory sentences using the recent case State v. French decided August 25, 2014. In this case the State appeals a sentence of 90 days in jail followed by 90 days in an inpatient drug rehabilitation program. The sentence is imposed for the…
Read MoreCommon Sense Indicators of Drunkenness are enough in DWI Cases
Submitted by New Jersey DWI Lawyer, Jeffrey Hark Contrary to popular belief in order to prove intoxication for a DWI charge the State does not need a blood alcohol test nor a field sobriety test but only must prove beyond a reasonable doubt that the defendant was intoxicated given the totality of the circumstances. The…
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