Posts Tagged ‘New Jersey DWI’
A 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 More‘Did I hit something?’ drunken man asks after crashing through Lincoln Tunnel gate, police say
Submitted by New Jersey Motor Vehicle Crash Lawyer, Jeffrey Hark WEEHAWKEN—When a Bronx man drunkenly sped through a closed portion of the Lincoln Tunnel on Friday, he didn’t realize he’d crashed through barriers in order to get into Manhattan, Port Authority police said. As smoke and antifreeze came off his heavily-damaged car, the driver asked police if…
Read MoreExigent Circumstances Required to Draw Blood without Consent or Warrant
On today’s date the New Jersey Supreme Court decided to apply the case of Missouri vs. McNeely retroactively to all cases in their decision of State v. Adkins. If you recall Missouri vs McNeely is the US Supreme Court case we wrote about 18 months ago. The issue was whether the police were required a…
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 MoreNewly Proposed Drunk Driving Legislation Awaiting Chris Christie’s Signature
Statement of the newly proposed drunk driving legislation This bill revises penalties for various drunk driving offenses. These revisions include mandating the installation of an ignition interlock device in the motor vehicle owned, leased, or principally operated by the offender and the operation of such vehicle under a restricted use driver’s license, or alternatively, mandating…
Read MoreIgnition interlock bill to deter drunk driving moved to N.J. Assembly after Senate approval
Submitted by New Jersey DWI Attorney, Jeffrey Hark. The state Senate passed legislation on Thursday (S-2427) that would require drunk drivers to install an ignition interlock device into their vehicle. The bill passed the Senate with a vote of 34 to 2, and is now sent to the Assembly Judiciary Committee. “This bill attempts to…
Read MoreNew Bill Revises Penalties for Drunk Driving, Including Installation of Ignition Interlock Device
Submitted by New Jersey DWI Attorney, Jeffrey Hark ASSEMBLY, No. 3835 STATE OF NEW JERSEY 215th LEGISLATURE INTRODUCED FEBRUARY 14, 2013 Sponsored by: Assemblywoman LINDA STENDER District 22 (Middlesex, Somerset and Union) Assemblyman RALPH R. CAPUTO District 28 (Essex) SYNOPSIS Revises penalties for certain drunk driving offenses, including mandating installation of ignition interlock…
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…
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