DWI and DUI
State 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…
Read MoreCorrection: New New Jersey DWI Law
**Correction** Submitted by New Jersey DWI Lawyer, Jeffrey Hark. Attached here is what I am told was the final bill signed. (Not as previously reported) 1st offense DWI or Refusal – Suspension only until interlock installed unless over .15 then 4-6mo DL Suspension 2nd offense DWI or Refusal 1-2y Suspension 3rd offense DWI or Refusal…
Read MoreText of New DWI Sentence Law signed today
Newsflash Submitted by New Jersey DWI Lawyer, Jeffrey Hark. Announcement August 24, 2019 New Jersey Governor Murphy signs modifications to N.J.S.A. 39:4-50 1st offense DWI penalties. The period of driving suspension for drunk driving in New Jersey have been substantially reduced for a first offender’s. However the new sentencing requirements at the use of the…
Read MoreMuni-mail – Guv signs DWI reform law – ignition interlock for all first-time offenders
A package of DWI reforms (S824) was signed by Gov. Murphy today. If you are convicted of DWI or refusal in New Jersey, you now must install an ignition interlock device – this includes first-time drunk-driving offenders. The lengths of license suspensions will be reduced dramatically. First-time offenders with BAC of.. 0.08 to 0.10 – must install…
Read MoreAppealing a DWI conviction, Be careful what you wish for!
Law division Convictions of higher DWI on appeal and overturns municipal court judge dismissal oxblood evidence “What is a knowing and Voluntary waiver?” STATE OF NEW JERSEY v. KEITH R. GREENWOOD Decided August 12, 2019 Defendant Keith Greenwood appeals from his conviction of driving while intoxicated (DWI), N.J.S.A. 39:4-50(a). We affirm. Submitted by New Jersey DWI Lawyer, Jeffrey…
Read MoreState v. Patel NJ Supreme Court Post Judgement Laurick Motion to Vacate Guilty Plea
State v. Patel: New Jersey Supreme Court Rules: To secure Post Judgement relief from a possible 3rd offense DWI 6 month jail term and 10 year loss of license. To secure relief from an enhanced custodial sentence for a subsequent DWI conviction, a) a non-indigent defendant must establish that in the earlier uncounseled DWI proceeding,…
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