Posts Tagged ‘New Jersey DUI’
AAA report shows drugged driving deaths are on the rise in NJ
Submitted by New Jersey DWI Lawyer, Jeffrey Hark. Driving under the influence of drugs has increased significantly over the last decade in New Jersey.In 2015 and 2016, more drivers killed tested positive for drugs than alcohol. That hasn’t happened since 2007, according to a AAA Northeast report. “In New Jersey in 2016, 103 fatally injured…
Read MoreNew Jersey DWI – Municipal Court Appeal
State v. Rogers October 25, 2016 Issues: What is the Law Division’s job when reviewing a municipal court trial court’s finding of guilt in a DWI case? Submitted by New Jersey DWI Lawyer, Jeffrey Hark. In this case, defendant appealed from the order of the law division “denying” his appeal of conviction in the municipal…
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…
Read MoreMandatory Sentences Must Be Custodial
Submitted by New Jersey DWI Attorney, Jeffrey Hark. This blog very briefly discusses mandatory sentences using the recent case State v. French decided August 25, 2014. In this case the State appeals a sentence of 90 days in jail followed by 90 days in an inpatient drug rehabilitation program. The sentence is imposed for the…
Read MoreCommon Sense Indicators of Drunkenness are enough in DWI Cases
Submitted by New Jersey DWI Lawyer, Jeffrey Hark Contrary to popular belief in order to prove intoxication for a DWI charge the State does not need a blood alcohol test nor a field sobriety test but only must prove beyond a reasonable doubt that the defendant was intoxicated given the totality of the circumstances. The…
Read MoreDWI Appeal taken after a conditional Plea
State vs. Pressler: Submitted by New Jersey DWI Lawyer, Jeffrey Hark Issue: Was the defendant driver able to give consent to the officer who provided New Jersey consent form to for the state to draw blood at a hospital without first obtaining a search warrant. The issue boils down to: The level of the defendant’s mental/physical/…
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 MoreDWI Appeal and Sufficient Credible Evidence
State of NJ vs. Gorgodian DWI Appeal – State’s Burden of Proof Submitted by New Jersey DWI Lawyer, Jeffrey Hark In this DWI Appeal the court is asked again to determine whether the state has met its evidential burden at of proof and whether the trial court had erred when it made its finds of…
Read MoreThird Time DWI Offense: Prior DWI Convictions may Enhance the Sentence for a Subsequent Refusal Conviction
Submitted by New Jersey DWI lawyer, Jeffrey Hark State v. Roger Paul Frye (A-30-12) (070975) Argued February 3, 2014 — Decided June 3, 2014 The Court considers whether a previous conviction for driving while intoxicated (DWI), N.J.S.A. 39:4-50, may serve to enhance the sentence for a subsequent conviction for refusal to submit to a breathalyzer…
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…
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