State v Bennet (UnPub App 2013) Today the New Jersey Appellate Division affirmed the municipal court’s determination that a police officer did not have any objective lawful basis to walk up to a car in a gas station at or near a college campus and open the door and immediately investigate a DWI offense. In…
State v. Kuropchack: On March 18, 2013 the New Jersey Appellate Division issued its opinion in this case. Defendant Julie Kuropchak was convicted in the Garfield Municipal Court of driving while intoxicated (DWI), N.J.S.A. 39:4-50. Following a trial de novo in the Law Division, she was again found guilty. As a third time offender, defendant was…
On April 17, 2013 I wrote about the recent US Supreme Court’s Opinion in McNeeley vs. Missouri where the Court found that dissipation of blood alcohol no longer constituted exigent circumstances as a means to bypass the ‘warrant requirement ‘ prior to a blood draw at a hospital. The Court further ruled that each case…
Originally published here, by Mary Pat Gallagher – New Jersey Law Journal A bill in the New Jersey Legislature would subject drivers involved in fatal accidents to mandatory blood testing for drugs, without the need of police to show probable cause. Current N.J. law deems drivers to have given their consent to provide blood samples…
The Supreme Court of New Jersey has denied defense attorney’s efforts to invalidate the ALCOTESTER 7110 breath test machine used by all police departments in New Jersey. Today the Court issued an Order stating that the 7110 machine remains scientifically reliable’ ruling that defendants failed to demonstrate that the State “willfully refused” to comply with…
Determining the suitability of the Alcotest in New Jersey and its efficacy in determining blood alcohol content (BAC) in driving under the influence. Submitted by Jeffrey Hark, New Jersey DWI lawyer. STATE OF NEW JERSEY, Plaintiff, v. JANE H. CHUN, ET AL., Defendants This Court having previously issued its unanimous opinion addressing the challenges raised…
Originally published by the New Jersey State Legislature (Bill A-3598) here. Republished by Jeffery Hark To download the official document in PDF form, click here. ASSEMBLY, No. 3598 STATE OF NEW JERSEY 215th LEGISLATURE INTRODUCED DECEMBER 13, 2012 Sponsored by: Assemblyman REED GUSCIORA District 15 (Hunterdon and Mercer) Assemblyman JON M. BRAMNICK District 21 (Morris,…
On July 16, 2013 the Appellate Division reversed an order granting defendant, Vijay Chauhan, entry into the Atlantic County Pre-Trial Intervention (PTI) Program. On November 18, 2011, the Egg Harbor Township police stopped the defendant’s vehicle after a random license plate inquiry revealed a possible hit. When the vehicle stopped, the male driver jumped into…
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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…