Posts Tagged ‘DWI’
Do 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 MoreWhat to do if you have new criminal charges involving alcohol and a prior DWI history
Do you have a prior DWI. Have you been convicted of driving under the influence previously. Have you been involved in an accident involving injury or death to a person while you were under the influence of alcohol. These are very substantial questions concerning your prior history and any new criminal charges involving alcohol. Submitted…
Read MoreLong Hill woman charged with underage DUI in Warren
Submitted by New Jersey DUI Lawyer, Jeffrey Hark WARREN TWP. – A 19-year-old Long Hill resident was charged with underage driving under the influence and leaving the scene of an accident, among other charges, in the early morning hours of Saturday, Jan. 28. Warren Township Police said following a motor vehicle accident at about 3:29…
Read MoreAppeal of Denial to PTI Program – New Jersey DWI Law
Submitted by New Jersey DWI Lawyer, Jeffrey Hark. This is a county prosecutor’s appeal of a trial court’s decision to overturn their denial of a defendant into their PTI program. Defendant was charged with the 4th° offense of driving a motor vehicle while suspended for a second or subsequent violation of DWI. Recently the NJ…
Read MorePolice: Woman Charged With Heroin Possession, DWI After Wrong-Way Garden State Parkway Crash
Submitted by New Jersey Drug Crime Lawyer, Jeffrey Hark. TOMS RIVER, N.J. (CBSNewYork) — A woman was charged with driving while intoxicated and heroin possession Sunday, after allegedly driving the wrong way on the Garden State Parkway and slamming into a car. New Jersey State Police and the Ocean County Prosecutor’s office were investigating the…
Read MoreDriving in New Jersey with a Suspended License as a Result of an Out-Of-State DWI Conviction
Submitted by New Jersey DWI Lawyer, Jeffrey Hark. State v. Luzhak. New Jersey Appellate Division approved for publication April 28, 2016. Issue out of state DWI considered for purposes of New Jersey driving while suspended due to DUI conviction case law. This is a case update addressing the recent case law regarding being charged with…
Read MoreN.J. state trooper admits driving drunk during on-duty crash
Submitted by New Jersey DWI Lawyer, Jeffrey Hark Trooper accused of DWI: ‘Where we going with this?’ Internal police car video obtained through a records request shows interactions between Sgt. Michael Roadside, a state trooper accused of driving drunk on duty, and the troopers responding to the scene of his October 2015 accident. This video…
Read MoreOn-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 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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