New Jersey DWI
On-duty NJ state trooper charged with DWI after crashing police cruiser
Submitted by New Jersey DWI Lawyer, Jeffrey Hark A New Jersey state trooper was charged with drunk driving after rear-ending an Audi at a Garden State Parkway service area, State Police said. Sfc. Michael Roadside, who has been with the State Police for 28 years, was suspended without pay after the incident on Monday afternoon…
Read MoreA Case of Fundamental Fairness–Refusal of Breath Test Sentences Subject to Step-Down Provision
Submitted by New Jersey DWI Attorney, Jeffrey Hark. This blog concerns a case that recently settled the unfairness of sentencing disparities between repeat offenders guilty of DWI (see N.J.S.A. 39:4-50) versus repeat offenders guilty of refusal to submit to a breath test under N.J.S.A. 39:4-50.4a. State v. Taylor was decided May 11th by the Appellate…
Read MoreExigent Circumstances Required to Draw Blood without Consent or Warrant
On today’s date the New Jersey Supreme Court decided to apply the case of Missouri vs. McNeely retroactively to all cases in their decision of State v. Adkins. If you recall Missouri vs McNeely is the US Supreme Court case we wrote about 18 months ago. The issue was whether the police were required a…
Read MoreState of NJ vs. Gorgodian | NJ DWI Appeal and Sufficient Credible Evidence
State’s Evidential Burden of Proof in New Jersey DWI Appeal Submitted by New Jersey DWI Lawyer, Jeffrey Hark State of NJ vs. Gorgodian In this DWI Appeal the court is asked again to determine whether the state has met its evidential burden of proof and whether the trial court had erred when it made its…
Read MoreNew Jersey DWI and Suppressed Blood Test Results | A-91-13 State v. Timothy Adkins (073803)
Presented by New Jersey DWI Lawyer, Jeffrey Hark. Should the defendant’s blood test results be suppressed in light of the U.S. Supreme Court’s decision in Missouri v. McNeely, 133 S.Ct. 1552, 185 L.Ed.2d 696 (2013), which held that there is no per se rule of exigency in drunk driving cases? The New Jersey State Supreme…
Read MoreNew Jersey Assembly Introduces a Bill Which Expands Implied Consent Statute to Include Blood And Urine Testing
A4284 – S2939 Expands Implied Consent Statute to Include Blood And Urine Testing. Originally published by TruckCrashAttorney.com On June 24, 2013 the New Jersey Assembly introduced a bill to expand the implied consent of motor vehicle operators to include blood and urine testing. The bill would amend P.L.1966, c.142 which currently on includes breath. The bill…
Read MoreDrunk Driving Defense – Mid Trial Discovery Admitted
Published by New Jersey DWI Lawyer, Jeffrey Hark.https://www.criminalcivillawyer.com/new-jersey-dwi-lawyer/ June 28, 2013, the Appellate Division affirmed the drunk driving conviction where defendant unsuccessfully sought suppression of an Alcohol Influence Report (AIR) because it was submitted after discovery ended. The defendant was appealing his August 12, 2012 conviction for violation of driving while intoxicated (DWI) pursuant to…
Read MoreProposed Changes to New Jersey Drunk Driving Law
Major Changes Proposed to New Jersey Drunk Driving Law Submitted by NJ DWI Lawyer, Jeffrey Hark. Senate Bill 2427 introduced on January 8, 2013 would require all drunk driving offenders to install an ignition interlock devicein any motor vehicle that he or she owns, leases, or primarily operates for a set duration. If the drunk…
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