Failure of A Judge to Advise You About Increased Penalties for Future DUI’s, Will Not Prevent Those Increased Penalties from Being Applied

April 14, 2021

State v. Lukens Appellate Docket No.: A-0458-20 Decided April 13, 2021 Submitted by New Jersey DWI Lawyer, Jeffrey Hark. In an unpublished opinion, the Appellate Division of New Jersey reviewed whether the failure to warn defendant of increased penalties, including six months imprisonment for a conviction of a third driving while intoxicated (DUI), during the plea…

Window Tint Will Almost Always Be Grounds for Police to Pull You Over

April 6, 2021

State v. Cohen Appellate Docket No.: A-0210-19 Decided April 5, 2021 Submitted by New Jersey DWI Lawyer, Jeffrey Hark. In a recent unpublished opinion, the Appellate Division of New Jersey reviewed whether a police traffic stop was lawful when police believed there was window tint even though there actually was not unlawful tint. In State v.…

An Alcotest and Field Sobriety Test Are Not Absolutely Necessary to Prove Intent to Operate A Vehicle Under the Influence

March 25, 2021

State v. Lyons Appellate Docket No.: A-3017-19 Decided March 24, 2021 Submitted by New Jersey DWI Lawyer, Jeffrey Hark. In a recent unpublished opinion, the Appellate Division of New Jersey reviewed a conviction of a driving under the influence of intoxicating liquor (DUI) and leaving the scene of an accident after defendant was found outside of…

Understand the Different Levels of Information Officers Need when Investigating to Properly Make an Arrest

March 10, 2021

State v. Ruffin Appellate Docket No.: A-3979-18 Decided March 8, 2021 Submitted by New Jersey DWI Lawyer, Jeffrey Hark. In a recent unpublished opinion, the Appellate Division of New Jersey reviewed a Controlled Dangerous Substance (CDS) Driving Under the Influence (DUI) after police found a man hunched over in his car on the side of the…

State v. Fagg | New Jersey Appellate Division unpublished Decision: Filed: 2021-01-08

January 15, 2021

Submitted by New Jersey DWI Lawyer, Jeffrey Hark. Michale Fagg appeals his conviction of driving while intoxicated DWI. At around 1:30 AM, witness Jill Muriithi noticed that a vehicle was parked at the entrance of the parking lot of her apartment complex. The vehicle was just sitting there with its lights on. She had to pull…

Why Is It So Hard To Test Whether Drivers Are Stoned?

November 19, 2020

Submitted by New Jersey DWI Lawyer, Jeffrey Hark. Law enforcement officials would love to have a clear way to tell when a driver is too drugged to drive. But the decades of experience the country has in setting limits for alcohol have turned out to be rather useless so far because the mind-altering compound in cannabis,…

Refusing to Provide a Sample for a Breathalyzer will Result in a Conviction if the Defendant Cannot Show Circumstances of the Refusal

October 27, 2020

State v. Harris Appellate Docket No.: A-5499-18T1 Decided October 26, 2020 Submitted by New Jersey DWI Lawyer, Jeffrey Hark. In an unpublished opinion, the Appellate Division of New Jersey reviewed a Law Division appeal of a conviction of a refusal to take a DUI breathalyzer because defendant had a brain tumor. In State v. Harris,…

PTI Denial where Defendant had Two Prior DUI’s and Driving while Suspended

October 7, 2020

State v. Leszczynski Appellate Docket No.: A-3653-18T1 Decided October 6, 2020 Submitted by New Jersey DUI Lawyer, Jeffrey Hark. In an unpublished opinion, the Appellate Division of New Jersey reviewed whether a denial for PTI was appropriate for driving while suspended after two DUIs. In State v. Leszczynski, Defendant, Frances H. Leszcynski, appeals from a…

Be Careful When Challenging Alcotest Test Results | New Jersey DWI

September 22, 2020

State v. Meyer Appellate Docket No.: A-3138-18T1 Decided September 18, 2020 Submitted by New Jersey DWI Lawyer, Jeffrey Hark In a recent unpublished decision, the Appellate Division reviewed whether a DWI conviction was properly administered in municipal court. In State v. Meyer, defendant was involved in a three-car accident in Lacey Township that resulted in…

Second or Subsequent DUI Violation and Precisely Defining Any Probationary Terms

June 5, 2020

State v. Chavarria: Submitted by New Jersey DUI Lawyer, Jeffrey Hark. Defendant, Chavarria, originally entered negotiated guilty pleas to two counts of driving with a license suspended for a second or subsequent DUI violation, DUI, and refusing to provide a breath sample. In accordance with the plea agreement, the trial court sentenced him to an…