Correction: New New Jersey DWI Law

August 27, 2019

**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…

Text of New DWI Sentence Law signed today

August 25, 2019

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…

Muni-mail – Guv signs DWI reform law – ignition interlock for all first-time offenders

August 24, 2019

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…

Appealing a DWI conviction, Be careful what you wish for!

August 18, 2019

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…

State v. Patel NJ Supreme Court Post Judgement Laurick Motion to Vacate Guilty Plea

August 8, 2019

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,…

Junk Science kicked out of municipal court

July 16, 2019

Submitted by New Jersey DWI Lawyer, Jeffrey Hark. State Of New Jersey v. Christopher Haas Superior Court Of New Jersey Appellate Division July 3, 2019 (Not For Publication) This is a summary of the final section of this case. It deals with the application of New Jersey’s gate keeping Rule, The Net Opinion Rule, in…

Intent to Drive and New Jersey DWI Law

July 3, 2019

State Of New Jersey v. Donna Ebert Submitted by New Jersey DWI Lawyer, Jeffrey Hark. This is a brief summary of a case that occurred in 2002. The question of this case is the intent to drive by the defendant. If you have been charged with a DUI but you were not driving or you…

US Supreme Court rules who police can draw blood from a unconscious person if they are investigating a DWI crime

June 29, 2019

The United States Supreme Court ruled this week that the police are allowed to draw blood in a medically appropriate manner for the purposes of a DWI investigation without a search warrant. Submitted by New Jersey DWI Lawyer, Jeffrey Hark. In this case it appears the police have brought a individual who was found outside…

Second Offense of Driving During a DWI Suspension Under NJSA 2C:40-26? Jail Time with No Parole

May 22, 2019

New Jersey Supreme Court declares that a Guilty plea or Jury Verdict for a second offense of driving while suspended during a DWI period of suspension under NJSA 2C:40-26 required 180 county jail time with NO parole or ‘intermittent’ days to serve the jail time Submitted by New Jersey DWI Lawyer, Jeffrey Hark. State v.…

When can the police approach my car? What is the Community Care taking function? If I was parked how can I be charged with a DWI?

December 9, 2018

Issue:  In this case the police approached a car for no reason which the officer observed pull into a parking lot of a closed store late at night after hours.  Are they allowed to do that and walk up to the driver and start to ask questions?  Have the driver been arrested at that time?…