NJ DWI Lawyer
Last votes needed to legalize marijuana in N.J. may come from these 3 GOP moderates.
DWI/DUI charges to substantially increases in NJ with legalized weed. — State representatives push for more DREs to become ‘experts for DWI’ DUI charges in NJ” Submitted by New Jersey DWI Lawyer, Jeffrey Hark. With Democrats who lead the state Senate still tantalizingly short of votes needed to legalize recreational marijuana in New Jersey, a…
Read MoreCan prior DWI convictions be introduced at trial to prove ‘reckless conduct”?
Submitted by New Jersey DWI Lawyer, Jeffrey Hark Issue: What evidence is too prejudicial to introduce to a jury? Remember all evidence is prejudicial to a defendant! The state will attempt to introduce all of it because that evidence will aid the jury to convict a defendant. The ultimate question will be whether the trial…
Read MoreDo I have to spend the entire six months in jail if I am convicted of driving while suspended for a second or greater time during a DWI suspension?
The New Jersey appellate division, in an approved for publication decision, ruled the trial court does not have any discretion to allow a defendant to show up for “nightly incarceration”. The appellate division affirmed the legislature’s mandate of a fixed term of 180 days for the 4th° offense without parole eligibility. In this case the…
Read MoreHave you been charge with a DWI in New Jersey while being under the influence of only marijuana?
State v Santos Morales A-3283-16T1 Burlington County Have you been charge with a DWI while being under the influence of only marijuana? Have you been charged with any criminal offense involving being under the influence of marijuana? As New Jersey heads towards legalization of marijuana this issue is going to come up more often. What…
Read MoreDriving a Car After DWI Conviction in New Jersey
14-2-9522 State v. Jivani, 14-2-9523 State v. Kiefer Submitted by New Jersey DWI Lawyer, Jeffrey Hark What do I do if I am convicted of a DWI and drive a car and then pulled over in New Jersey with and charged with driving while suspended under the traffic code and the criminal code! Also, what should I do…
Read MoreQuasi-Criminal Nature of Vehicle Offenses at Sentencing
Submitted by New Jersey DWI Lawyer, Jeffrey Hark. State v. Simpson, decided June 30th by the Appellate Division resulting out of a plead to an amended third-degree eluding charge, and DWI. A sentence of non-custodial (no jail time) probation on the eluding charge, and third offense DWI chargers (including 6 months in jail, and…
Read MoreNo Way Out of Jail For Driving While Suspended For DWI. Period.
Submitted by New Jersey DWI Lawyer, Jeffrey Hark. If you are caught driving while your license is suspended for a second or subsequent DWI you will go to jail. There is no way around this whether through the Drug Court program. This requirement speaks to the public policy of protecting the public from drunk drivers.…
Read MoreRunning Engine Without Intent To Operate Insufficient For DWI
Submitted by New Jersey DWI Attorney, Jeffrey Hark You may have heard that you can be arrested and charged with DWI for sitting in your car with the keys in the ignition or the engine running regardless of whether you are actually driving. It is true that sitting in a vehicle with the engine running…
Read MoreHarsher Penalties Proposed For Drunk Drivers
Submitted by New Jersey DWI Lawyer, Jeffrey Hark New Jersey boasts the lowest per capita rates of vehicle deaths caused by alcohol in the country. However there is still a push to make penalties harsher by Governor Chris Christie. Proposed Penalties for New Jersey DUI Offenses His proposals include widespread use of ignition interlock devices…
Read MoreDifferent Record Same Evidence: When Pretrial Motion Records Can Be Incorporated
Submitted by New Jersey Criminal Lawyer, Jeffrey Hark State v. Bruno Gibson, decided September 16, 2014 by the Supreme Court of New Jersey lays out the difference between evidence presented at a motion to suppress hearing and evidence at trial as well as when to acquit a defendant versus when to remand them for a…
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