DRAM SHOP CLAIM DISMISSED DUE TO PLAINTIFF’S FAILURE TO ESTABLISH FACTS THAT PLAINTIFF WAS VISIBLY INTOXICATED BEFORE LEAVING DEFENDANT’S PLACE OF BUSINESS

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 In a recent unpublished decision, the Appellate Division affirmed the granting of Defendant’s motion for summary judgment dismissing plaintiff’s dram shop claim because plaintiff’s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…

Read More

DWI Conviction Upheld in State v. Elizabeth Karlinski – A-2836-21

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 In a recent unpublished opinion, the Appellate Court of New Jersey decided defendant’s appeal from her conviction for driving while intoxicated (DWI).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.,…

Read More

NEW JERSEY SPECIAL MASTER FINDS DRUG RECOGNITION EXPERTS (DRE) ADMISSIBLE UNDER NEW DAUBERT LEGAL STANDARD

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…

Read More

State of New Jersey v. William Mongillo, Jr.: Appeal from an Order Finding Defendant Guilty Of DUI, Refusal to Submit to a Breath Test, Reckless Driving, and Failure to Maintain Lane

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 In a recent unpublished opinion, the Appellate Court of New Jersey decided defendant’s appeal from an order finding him guilty of DUI, refusal to submit to a breath test, reckless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…

Read More

Defendant Contended That His Un-Mirandized Statements to Police Should Have Been Suppressed and That the Court Committed Reversible Error

State of New Jersey v. Elijarh Hogges Docket No. A-1666-19 Decided December 2, 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 In a recent unpublished opinion, the Appellate Court of New Jersey decided defendant’s appeal from judgment of conviction entered after a jury trial of four counts arising from a motor vehicle collision that resulted…

Read More

State’s Appeal from An Order Suppressing Defendant’s Alleged Intoxication as a Sanction for The State Trooper’s Absence at Trial

State of New Jersey v. Jacob Hiller Docket No. A-2647-21 Decided November 30, 2022 Submitted by New Jersey DWI Lawyer, Jeffrey Hark. In a recent unpublished opinion, the Appellate Court of New Jersey decided the State’s appeal from an order suppressing defendant’s alleged intoxication as a sanction for the State Trooper’s absence at trial. In November…

Read More

Motion To Suppress the Alcotest Results Which Led to Arrest for Driving While Intoxicated (“DWI”)

State of New Jersey v. Ryan Peschieri Docket No. A-1791-20 Decided November 16, 2022 Submitted by New Jersey DWI Lawyer, Jeffrey Hark. In a recent unpublished opinion, the Appellate Court of New Jersey decided defendant’s appeal of his motion to suppress the Alcotest results which led to his arrest for Driving While Intoxicated (“DWI”). At approximately…

Read More

Driver accused of traveling 113 mph before fatal DWI crash indicted

Submitted by New Jersey DWI Lawyer, Jeffrey Hark. A grand jury has indicted a Salem County man on aggravated manslaughter and death by auto charges following a fatal crash in which he was allegedly traveling at more than 100 mph just seconds before the collision. Stephen M. Karwowski, 30, of Pittsgrove Township, was driving a pickup…

Read More