DWI and DUI
Why Is It So Hard To Test Whether Drivers Are Stoned?
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,…
Read MoreRefusing to Provide a Sample for a Breathalyzer will Result in a Conviction if the Defendant Cannot Show Circumstances of the Refusal
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 In an unpublished opinion, the Appellate Division of New Jersey reviewed a Law Division appeal of a conviction of a refusal to take a DUI breathalyzer because defendant had a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,…
Read MorePTI Denial where Defendant had Two Prior DUI’s and Driving while Suspended
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 In an unpublished opinion, the Appellate Division of New Jersey reviewed whether a denial for PTI was appropriate for driving while suspended after two DUIs.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…
Read MoreBe Careful When Challenging Alcotest Test Results | New Jersey DWI
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Docket No.: A-3138-18T1 Decided September 18, 2020 Submitted by New Jersey DWI Lawyer, Jeffrey Hark In a recent unpublished decision, the Appellate Division reviewed whether a DWI conviction was properly administered in municipal court.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…
Read MoreSecond or Subsequent DUI Violation and Precisely Defining Any Probationary Terms
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…
Read MoreYou do not need to be in your car to be convicted of a DWI in New Jersey
State v. John Thompson New Jersey Appellate Division (Approved for Publication February 10, 20200 Submitted by New Jersey DWI Lawyer, Jeffrey Hark. Fact: In appealing his convictions for operating a vehicle while under the N.J.S.A. 39:4-50.2, defendant argues that the evidence does not support the statutory requirement of “operat[ing]” the vehicle when the record reveals…
Read MoreDWI defense of “necessity“
This is a very interesting case for several points. I will address each one individually. Submitted by New Jersey DWI Lawyer, Jeffrey Hark. Standard of review for the appeal of a municipal court decision by the municipal court judge. I have written numerous blogs on this issue previously but it worth repeating at this time.…
Read MoreThe Unforeseen Dangers of a Device That Curbs Drunken Driving
Ignition interlock devices are becoming ubiquitous. They can distract drivers and cause crashes. Submitted by New Jersey DWI Lawyer, Jeffrey Hark. Over the past decade, states have increasingly turned to a powerful tool to stop drunken driving before it starts: miniature breathalyzers, wired into a car’s electronics, that prevent the engine from starting unless the…
Read MoreDWI & Prior offenses and 6 months in Jail
Submitted by New Jersey DWI Lawyer, Jeffrey Hark. On December 1 the New Jersey legislature’s July modifications to the DWI statute became effective. The legislative changes enabled first time offenders to not lose their license for a DWI conviction. This may lead many to not hire an attorney or fight their case because they didn’t…
Read MoreDWI —Drug Recognition Expert and Convictions How I can Help You
STATE OF NEW JERSEY, v. MICHAEL OLENOWSKI, Argued October 23, 2018 – Decided November 27, 2018 Submitted by New Jersey DWI Lawyer, Jeffrey Hark. This decision is from November of 2018 and has been appealed to the N.J. Supreme Court. The reason I am writing about this case again today, November 14, 2019, is because a Supreme Court decision…
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