DWI and DUI
AAA report shows drugged driving deaths are on the rise in NJ
Submitted by New Jersey DWI Lawyer, Jeffrey Hark. Driving under the influence of drugs has increased significantly over the last decade in New Jersey.In 2015 and 2016, more drivers killed tested positive for drugs than alcohol. That hasn’t happened since 2007, according to a AAA Northeast report. “In New Jersey in 2016, 103 fatally injured…
Read MoreRestrictive Licenses… are they coming to NJ?
Answer: NO…. Not Yet! Submitted by New Jersey DWI Lawyer, Jeffrey Hark. State Spotlight: Iowa becomes the 32nd All Offender State In March, 2018 Governor Reynolds signed HB 2338 into law. This Bill requires an ignition interlock device be installed on all motor vehicles operated by a person with a restricted or temporary license.The Bill…
Read MoreOut of state DWI and Instate Suspension
I possess a New Jersey driver’s license but was convicted of DWI/DUI in another state. New Jersey Motor Vehicle Commission (NJMVC) suspended my license and gave me a surcharge. Can I get out of the surcharge and is New Jersey allowed to suspend my license even though I was not convicted in New Jersey? Does…
Read MoreLegalization of marijuana and the effect on the New Jersey criminal and driving public.
With the changing of administrations in New Jersey, one of the greatest anticipated public policy changes will be the legalization of marijuana. Submitted by New Jersey DWI Defense Lawyer, Jeffrey Hark. Numerous state representatives and senators have been pushing for the legalization of marijuana, both Republican and Democratic, for the last eight years without any…
Read MoreCan I be convicted of a DWI and a refusal if there are no drugs or proof of alcohol?
Can I be convicted of a DWI if the judge watches or considers the police body camera? Can I be convicted of a DWI and a refusal if there are no drugs or proof of alcohol? Submitted by New Jersey DWI Lawyer, Jeffrey Hark. In this case the defendant refused to blow on the alcotester once…
Read MoreI was just convicted of DWI/DUI in New Jersey. Can I keep my license if I appeal the conviction.
State v. Scott Robertson Submitted by New Jersey DWI Lawyer, Jeffrey Hark. In this case the defendant was found guilty after a trial of DWI. The defendant appealed the conviction and asked the municipal court judge to stay of his license suspension pending the appeal. The municipal court granted the stay for 21 days until…
Read MoreWhat if My Traffic Ticket has a Misprint?
Submitted by New Jersey DWI Lawyer, Jeffrey Hark A court can throw out a traffic ticket if it contains an error that “detract[s] from the intended purpose” of the offense or “prejudice[s] the rights of the defendant.”[1] A recent case was decided by New Jersey’s Appellate Division. In that case, a driver lost control of…
Read MoreNew Jersey DWI – Municipal Court Appeal
State v. Rogers October 25, 2016 Issues: What is the Law Division’s job when reviewing a municipal court trial court’s finding of guilt in a DWI case? Submitted by New Jersey DWI Lawyer, Jeffrey Hark. In this case, defendant appealed from the order of the law division “denying” his appeal of conviction in the municipal…
Read MoreIs Not Using a Turn Signal When No Other Vehicles are Present Against the Law?
Submitted by New Jersey DWI Lawyer, Jeffrey Hark. If i do not use my turn signal late at night when no other vehicle is around, is that a traffic violation? What should i do if I get pulled over in the middle of the night and charged with DWI when I am not speeding I…
Read MoreWarrants Required for Blood Draws in DWI Cases | Birchfield v North Dakota
Submitted by New Jersey DWI Lawyer, Jeffrey Hark. What does it mean for you, the person who just was pulled over and the police are demanding you give blood!! DON’T GIVE BLOOD UNTIL YOU SEE THE WARRANT SIGNED BY A JUDGE REQUIRING YOU TO GIVE IT!!!!! US Supreme Court affirms warrant requirement for blood draw…
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