DWI and DUI
State 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,…
Read MoreJunk Science kicked out of municipal court
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 State Of New Jersey v. Christopher Haas Superior Court Of New Jersey Appellate Division July 3, 2019 (Not For Publication) This is a summary of the final section of this case.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…
Read MoreIntent to Drive and New Jersey DWI Law
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…
Read MoreUS Supreme Court rules who police can draw blood from a unconscious person if they are investigating a DWI crime
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…
Read MoreSecond Offense of Driving During a DWI Suspension Under NJSA 2C:40-26? Jail Time with No Parole
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.…
Read MoreWhen 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?
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?…
Read MoreAll NJ DWI Cases Found Guilty Using the Alcotest machine 7110 that used a specific calibration temperature thermometer shall be thrown out
Submitted by New Jersey DWI Lawyer, Jeffrey Hark. NEW JERSEY SUPREME COURT DECISION The New Jersey Supreme Court has ordered all NJ DWI cases in which a defendant was found guilty or plead guilty as a result of the introduction of the Alcotest machine 7110 that used a specific calibration temperature thermometer shall be thrown…
Read MoreI have an out-of-state DWI conviction, will it affect an in-state charge for DWI and possible conviction and extended license suspension?
Held v. New Jersey motor vehicle commission. New Jersey Superior Court appellate division decided October 24, 2018. Submitted by New Jersey DWI Lawyer, Jeffrey Hark. I have a out-of-state DWI conviction and received a letter from the New Jersey MVC suspending my license as if I have a second or third prior conviction in state.…
Read MoreProposed law would expand NJ’s DUI ignition lock program
Submitted by New Jersey DUI Lawyer, Jeffrey Hark TRENTON – A bill endorsed by the New Jersey Senate Judiciary Committee would expand the state’s DUI ignition interlock program. The device acts like a breathalyzer and won’t allow a car to start if the driver’s blood alcohol content is too high. Under current law, only repeat…
Read MoreSTATE V. OGDEN DECISION SEPTEMBER 9, 2018 DWI FOUNDATIONAL DOCUMENT APPEAL ARGUMENT
Submitted by New Jersey DWI Lawyer, Jeffrey Hark. In this DWI appeal the defendant attempted to argue that the state’s failure to introduce the State Trooper’s Alcotest operating card at the time of trial was a violation of the NJ Supreme Court mandate of State v. Chun and as a result of state’s failure to comply with…
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