DWI and DUI
You 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…
Read MoreState v. Walton decided November 1, 2019 New Jersey Appellate Division (approved for publication)
Submitted by New Jersey DWI Lawyer, Jeffrey Hark. In this case the sole question is whether the recent New Jersey appellate division and Supreme Court decision of state the Patel decided in August 2019 shall apply to all post conviction relief cases pending before or Municipal Court and trial court tribunals. The New Jersey Supreme…
Read MoreAlcotests, New Jersey, and why you should fight your DWI charges.
Alcohol breath tests, a linchpin of the criminal justice system, are often unreliable, a Times investigation found. Submitted by New Jersey DWI Lawyer, Jeffrey Hark. A million Americans a year are arrested for drunken driving, and most stops begin the same way: flashing blue lights in the rearview mirror, then a battery of tests that…
Read MoreNew Jersey DWI update NEWS FLASH!
Submitted by New Jersey DWI Lawyer, Jeffrey Hark. As of December 1, 2019. New Jersey’s DWI statute has changed. By the time you are reading this blog. You will have learned that any 1st Offense alcohol DWI charge with a breath test results of .15 and less could result in NO license suspension! Yea, I…
Read MoreMiranda Standard of Review of a Trial Judge’s Motion to Suppress
State of N.J. vs. Byers Cumberland County Appeal 4-2-2495 State v. Byer, N.J. Super. App. Div. (per curiam) DECIDED SEPTEMBER 4, 2019 Urine and Blood Draw– Submitted by New Jersey DWI Defense Lawyer, Jeffrey Hark. Defendant Brittany Byer appeals from a March 27, 2017 decision denying her motion to suppress her statements to police, as well…
Read MoreTHE HGN Test can not be used to convict a defendant in any capacity of a DWI
Submitted by New Jersey DWI Lawyer, Jeffrey Hark. The Police and the court can not use the “Pen test” (HGN) to convict a defendant of DWI. A trial court judge can not use any evidence derived from the HGN as evidence of anything under any “Totality of the Circumstances” evaluation of the evidence. In this…
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