Submitted by New Jersey DWI Lawyer, Jeffrey Hark. The text amends R.S.39:4-50, outlining penalties for driving under the influence (DUI) in New Jersey. Key points include: First Offense: Blood Alcohol Concentration (BAC) 0.08% to 0.10%: Fine of $250-$400, 12-48 hours detainment, possible 30-day imprisonment, and ignition interlock device installation. BAC 0.10% or higher: Fine of $300-$500,…
Submitted by New Jersey DWI Lawyer, Jeffrey Hark. COCOUNSEL Skill: Review Documents New Jersey Search and Seizure of drugs found in a vehicle after a MV stop for DWI traffic offense In New Jersey, probable cause issues and the scope of vehicle searches after a DWI stop are addressed as follows: Probable Cause for Arrest: Probable…
State of New Jersey v. Anthony Barbato Docket No. A-3654-22 Decided October 16, 2024 Submitted by New Jersey DWI Lawyer, Jeffrey Hark. In a recent unpublished opinion, the Appellate Court of New Jersey decided defendant’s appeal from the denial of his motion to vacate his guilty plea to driving while intoxicated (“DWI”). On May 16, 2018,…
State of New Jersey v. Jonathan Carambot Docket No. A-1228-22 Decided May 30, 2024 Submitted by New Jersey DWI Lawyer, Jeffrey Hark. In a recent unpublished opinion, the Appellate Court of New Jersey decided defendant’s appeal from his conviction for driving while intoxicated (DWI), N.J.S.A. 39:4-50, following a trial de novo in the Law Division. On…
MVC sees the new law as not giving credit to offenders for interlock time served prior to conviction. They contend that the sentence lengths post conviction will remain the same. As a matter of process they will need a start time for the interlock requirement and will need the offender to return to MVC with…
Jose Santiago v. Oscar Moran, et al. Docket No.: A-2010-21 Decided January 3, 2024 Submitted by New Jersey DWI Lawyer, Jeffrey Hark. In a recent unpublished decision, the Appellate Division affirmed the granting of Defendant’s motion for summary judgment dismissing plaintiff’s dram shop claim because plaintiff’s failed to produce an expert report establishing Plaintiff’s level…
State of New Jersey v. Elizabeth Karlinski Docket No. A-2836-21 Decided October 27, 2023 Submitted by New Jersey DWI Lawyer, Jeffrey Hark. In a recent unpublished opinion, the Appellate Court of New Jersey decided defendant’s appeal from her conviction for driving while intoxicated (DWI). The record reflects that on March 9, 2019, at approximately 1:00 a.m.,…
State of New Jersey v. Kevin Simmons Docket No. A-3438-21 Decided July 26, 2023 Submitted by New Jersey DWI Lawyer, Jeffrey Hark. In a recent unpublished opinion, the Appellate Court of New Jersey decided defendant’s appeal from a June 3, 2022 Law Division order upholding his convictions for driving while intoxicated (DWI), N.J.S.A. 39:4-50; and refusal…
State v. Michael Olenowski Appellate Docket No.: A-56 Decided April 13, 2023 Submitted by New Jersey DWI Lawyer, Jeffrey Hark. In a recent supplemental report, Special Master recalled Judge Joseph F. Lisa has concluded Drug Recognition Experts (DRE) used in criminal and Driving While Intoxicated (DWI) and Driving Under the Influence (DUI) cases are admissible. On…
State of New Jersey v. William Mongillo, Jr. Docket No. A-3002-20 Decided December 30, 2022 Submitted by New Jersey DWI Lawyer, Jeffrey Hark. In a recent unpublished opinion, the Appellate Court of New Jersey decided defendant’s appeal from an order finding him guilty of DUI, refusal to submit to a breath test, reckless driving, and failure…
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New Jersey Survivors Justice Act: Sentencing Reform for Abuse Victims
Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In January 2026, New Jersey Governor Phil Murphy signed into law a pair of bills known as the Survivors Justice Act (S-4870/A-5968 and S-4871/A-5969). This landmark legislation, championed by Senator Angela V. McKnight, Senator M. Teresa Ruiz, and other lawmakers, amends the state’s criminal code to allow courts…