Posts Tagged ‘DWI’
Prior Uncounseled Convictions for Driving While Intoxicated (DWI) Cannot Be Used to Enhance a Sentencing Scheme for Subsequent DWI Convictions
State v. Michael Konecny Appellate Docket No.: A-21-20 Decided April 5, 2022 Submitted by New Jersey DWI Lawyer, Jeffrey Hark. In a recent decision, the Supreme Court of New Jersey held that a prior uncounseled conviction for driving while intoxicated (DWI) cannot be used to enhance a sentencing scheme for subsequent DWI convictions. In Konecny, after…
Read MoreInfrastructure bill includes requiring new technology to stop drunken driving
Submitted by New Jersey DWI Lawyer, Jeffrey Hark. WASHINGTON – Congress has created a new requirement for automakers: Find a high-tech way to keep drunken people from driving cars. It’s one of the mandates along with a burst of new spending aimed at improving auto safety amid escalating road fatalities in the $1 trillion infrastructure package…
Read MoreAn Officer Can Access the Information on Their Mobile Data Terminal (MDT) Randomly, Without Reasonable Suspicion
State v. Carrigan Appellate Docket No.: A-1252-19 Decided August 10, 2021 Submitted by New Jersey DWI Lawyer, Jeffrey Hark. In a recent unpublished opinion, the Appellate Division of New Jersey ruled an officer can access the information on their mobile data terminal (MDT) randomly, without reasonable suspicion that a traffic offense is being committed. In State…
Read MoreFor a DUI or DWI in New Jersey, the Accused Must Be Observed for Twenty Minutes Uninterrupted
State v. Bruno Docket No. A-1144-19 Decided June 29, 2021 Submitted by New Jersey DWI Lawyer, Jeffrey Hark. In a recent unpublished decision the Appellate Division of New Jersey affirmed defendant’s guilty plea to a driving while intoxicated (DWI) after defendant challenged the twenty-minute observation period prior to the Alcotest breathalyzer. In Bruno, as part of…
Read MoreFailure 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 In an unpublished opinion, the Appellate Division of New Jersey reviewed whether the failure to warn defendant of increased penalties, including six months imprisonment for a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 MoreWindow Tint Will Almost Always Be Grounds for Police to Pull You Over
State v. Cohen Appellate Docket No.: A-0210-19 Decided April 5, 2021 Submitted by New Jersey DWI Lawyer, Jeffrey Hark. In a recent unpublished opinion, the Appellate Division of New Jersey reviewed whether a police traffic stop was lawful when police believed there was window tint even though there actually was not unlawful tint. In State v.…
Read MoreState v. Fagg | New Jersey Appellate Division unpublished Decision: Filed: 2021-01-08
Submitted by New Jersey DWI Lawyer, Jeffrey Hark. Michale Fagg appeals his conviction of driving while intoxicated DWI. At around 1:30 AM, witness Jill Muriithi noticed that a vehicle was parked at the entrance of the parking lot of her apartment complex. The vehicle was just sitting there with its lights on. She had to pull…
Read More2019 Proposed DWI legislation sitting on Governor Murphy’s desk
Bill Text: NJ A2089 | 2018-2019 | Regular Session | Introduced | LegiScan Revises penalties for drunk driving and ignition interlock device violations. An Act concerning drunk driving and ignition interlock devices and amending R.S.3994-50, P.L.1981, c.512, and P.L.1999, c.417. Be It Enacted by the Senate and General Assembly of the State of New Jersey: …
Read MoreJunk Science kicked out of municipal court
Submitted by New Jersey DWI Lawyer, Jeffrey Hark. State Of New Jersey v. Christopher Haas Superior Court Of New Jersey Appellate Division July 3, 2019 (Not For Publication) This is a summary of the final section of this case. It deals with the application of New Jersey’s gate keeping Rule, The Net Opinion Rule, in…
Read MoreUnlawful Possession of Drugs in a Motor Vehicle
State of NJ vs Haas (Not Approved for Publication by the New Jersey Appellate Division July 2, 2019) Submitted by New Jersey Drug Crime Lawyer, Jeffrey Hark. How can the police prove I have certain drugs and can they charge me with unlawful possession or NJSA 39:4-49.1 (Drugs in a Motor Vehicle)? New Jersey’s Net…
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