Submitted by New Jersey DWI Attorney, Jeffrey Hark. This blog very briefly discusses mandatory sentences using the recent case State v. French decided August 25, 2014. In this case the State appeals a sentence of 90 days in jail followed by 90 days in an inpatient drug rehabilitation program. The sentence is imposed for the…
Submitted by New Jersey DWI Lawyer, Jeffrey Hark Contrary to popular belief in order to prove intoxication for a DWI charge the State does not need a blood alcohol test nor a field sobriety test but only must prove beyond a reasonable doubt that the defendant was intoxicated given the totality of the circumstances. The…
Submitted by New Jersey DWI lawyer, Jeffrey Hark State v. Roger Paul Frye (A-30-12) (070975) Argued February 3, 2014 — Decided June 3, 2014 The Court considers whether a previous conviction for driving while intoxicated (DWI), N.J.S.A. 39:4-50, may serve to enhance the sentence for a subsequent conviction for refusal to submit to a breathalyzer…
Submitted by New Jersey DWI Lawyer, Jeffrey Hark On May 6th, the NJ Appellate Division, in the case of State v. Parikh ruled that a New Jersey Trooper has jurisdiction to pull over a driver in Pennsylvania due to the concurrent jurisdiction. While approaching the Walt Whitman Bridge traveling west towards Pennsylvania, Defendant Shravan Parikh…
Submitted by New Jersey DWI lawyer, Jeffrey Hark The recent case State v. Parikh involved a DWI charge that was disputed on jurisdictional grounds. However, in the background of the case there was another issue that deserves special attention on this blog. In a last-ditch attempt to have his case dismissed, Parikh invoked the “fruits…
Submitted by New Jersey DWI attorney, Jeffrey Hark. Today the US. Supreme Court upheld a DWI stop based upon a tip that the driver had “been run off the road”. The Court found sufficient reliability in the detail and personal observation of the tip. See case attached. (Slip Opinion) OCTOBER TERM, 2013 Syllabus NOTE: Where…
14-2-2963 State v. M.G.M ., App. Div. (per curiam) (11 pp.) Submitted by New Jersey DWI lawyer, Jeffrey Hark Several years ago the New Jersey legislature created the 4th degree offense under NJSA 2C:20-40-26(b) of driving while suspended as a result of a DWI suspension. This defendant, once indicted applied for PTI, Pre Trial Intervention. The county…
14-2-2924 State v. McGrath, App. Div. (per curiam) (14 pp.) Submitted by New Jersey DWI attorney, Jeffrey Hark After a trial de novo in the Law Division, defendant appeals from his conviction for refusing to submit to a chemical breath test. Defendant argues the conviction should be reversed because the officer read the April 2004…
RECORD FILE PHOTO Hasbrouck Heights police conducting a sobriety check in 2002. Penalties for DWI could be changed this year. Most convicted drunken drivers in New Jersey could avoid mandatory license suspensions under a new bill making its way through the Legislature — a proposal that constitutes a major shift in how the state deals…
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New Jersey Survivors Justice Act: Sentencing Reform for Abuse Victims
Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In January 2026, New Jersey Governor Phil Murphy signed into law a pair of bills known as the Survivors Justice Act (S-4870/A-5968 and S-4871/A-5969). This landmark legislation, championed by Senator Angela V. McKnight, Senator M. Teresa Ruiz, and other lawmakers, amends the state’s criminal code to allow courts…