Posts Tagged ‘dwi law’
Failure of A Judge to Advise You About Increased Penalties for Future DUI’s, Will Not Prevent Those Increased Penalties from Being Applied
State v. Lukens Appellate Docket No.: A-0458-20 Decided April 13, 2021 Submitted by New Jersey DWI Lawyer, Jeffrey Hark. In an unpublished opinion, the Appellate Division of New Jersey reviewed whether the failure to warn defendant of increased penalties, including six months imprisonment for a conviction of a third driving while intoxicated (DUI), during the plea…
Read MoreNew Jersey DWI Law; “Intent to move the vehicle” satisfies the statutory requirement of operation
State v. Wardenski “Intent to move the vehicle” satisfies the statutory requirement of “operation.” Submitted by New Jersey DWI Lawyer, Jeffrey Hark. In this case the defendant’s vehicle was found running with the keys in the ignition and the defendant observed sitting in the driver’s seat. The car was parked one and a half to…
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 More