Posts Tagged ‘New Jersey DWI’
DWI 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…
Read MoreA Bridge, But Not a Loophole: DWI and Shared Jurisdiction
Submitted by New Jersey DWI Lawyer, Jeffrey Hark On May 6th, the NJ Appellate Division, in the case of State v. Parikh ruled that a New Jersey Trooper has jurisdiction to pull over a driver in Pennsylvania due to the concurrent jurisdiction. While approaching the Walt Whitman Bridge traveling west towards Pennsylvania, Defendant Shravan Parikh…
Read MoreDWI Legislation Would Replace Drunken Driving Suspensions with Ignition Locks
RECORD FILE PHOTO Hasbrouck Heights police conducting a sobriety check in 2002. Penalties for DWI could be changed this year. Most convicted drunken drivers in New Jersey could avoid mandatory license suspensions under a new bill making its way through the Legislature — a proposal that constitutes a major shift in how the state deals…
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