DWI and DUI
DWI Appeal taken after a conditional Plea
State vs. Pressler: Submitted by New Jersey DWI Lawyer, Jeffrey Hark Issue: Was the defendant driver able to give consent to the officer who provided New Jersey consent form to for the state to draw blood at a hospital without first obtaining a search warrant. The issue boils down to: The level of the defendant’s mental/physical/…
Read MoreThird Time DWI Offense: Prior DWI Convictions may Enhance the Sentence for a Subsequent Refusal Conviction
Submitted by New Jersey DWI lawyer, Jeffrey Hark State v. Roger Paul Frye (A-30-12) (070975) Argued February 3, 2014 — Decided June 3, 2014 The Court considers whether a previous conviction for driving while intoxicated (DWI), N.J.S.A. 39:4-50, may serve to enhance the sentence for a subsequent conviction for refusal to submit to a breathalyzer…
Read MoreA Bridge, But Not a Loophole: DWI and Shared Jurisdiction
Submitted by New Jersey DWI Lawyer, Jeffrey Hark On May 6th, the NJ Appellate Division, in the case of State v. Parikh ruled that a New Jersey Trooper has jurisdiction to pull over a driver in Pennsylvania due to the concurrent jurisdiction. While approaching the Walt Whitman Bridge traveling west towards Pennsylvania, Defendant Shravan Parikh…
Read MorePretrial Motions and Preserving a Claim
Submitted by New Jersey DWI lawyer, Jeffrey Hark The recent case State v. Parikh involved a DWI charge that was disputed on jurisdictional grounds. However, in the background of the case there was another issue that deserves special attention on this blog. In a last-ditch attempt to have his case dismissed, Parikh invoked the “fruits…
Read MoreDWI Stop After Driver Was “Run Off the Road” | US Supreme Court Ruling
Submitted by New Jersey DWI attorney, Jeffrey Hark. Today the US. Supreme Court upheld a DWI stop based upon a tip that the driver had “been run off the road”. The Court found sufficient reliability in the detail and personal observation of the tip. See case attached. (Slip Opinion) OCTOBER TERM, 2013 Syllabus NOTE: Where…
Read MoreState v. M.G.M . | New Jersey DWI and Pre Trial Intervention (PTI)
14-2-2963 State v. M.G.M ., App. Div. (per curiam) (11 pp.) Submitted by New Jersey DWI lawyer, Jeffrey Hark Several years ago the New Jersey legislature created the 4th degree offense under NJSA 2C:20-40-26(b) of driving while suspended as a result of a DWI suspension. This defendant, once indicted applied for PTI, Pre Trial Intervention. The county…
Read MoreState v. McGrath | New Jersey DUI and the Ignition Interlock Device
14-2-2924 State v. McGrath, App. Div. (per curiam) (14 pp.) Submitted by New Jersey DWI attorney, Jeffrey Hark After a trial de novo in the Law Division, defendant appeals from his conviction for refusing to submit to a chemical breath test. Defendant argues the conviction should be reversed because the officer read the April 2004…
Read MoreDWI Legislation Would Replace Drunken Driving Suspensions with Ignition Locks
RECORD FILE PHOTO Hasbrouck Heights police conducting a sobriety check in 2002. Penalties for DWI could be changed this year. Most convicted drunken drivers in New Jersey could avoid mandatory license suspensions under a new bill making its way through the Legislature — a proposal that constitutes a major shift in how the state deals…
Read MoreSearch Warrants for DWI Blood Sampling – New Jersey Appellate Court Rejects US Supreme Court Decision
Submitted by New Jersey DWI Attorney, Jeffrey Hark 1st New Jersey Appellate Court Rejects the retroactive application of the US Supreme Court’s recent decision of Missouri v. McNeely, 133 S.Ct. 152 which requires a Search Warrants for DWI Blood Sampling In April of 2013 the U.S. Supreme Court ruled in Missouri v. McNeely, 133 S.Ct.…
Read MoreNew Jersey DWI Case: Invalid Investigatory Stop – State v Bennet
State v Bennet (UnPub App 2013) Today the New Jersey Appellate Division affirmed the municipal court’s determination that a police officer did not have any objective lawful basis to walk up to a car in a gas station at or near a college campus and open the door and immediately investigate a DWI offense. In…
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