Long Hill woman charged with underage DUI in Warren

Submitted by New Jersey DUI Lawyer, Jeffrey Hark WARREN TWP. – A 19-year-old Long Hill resident was charged with underage driving under the influence and leaving the scene of an accident, among other charges, in the early morning hours of Saturday, Jan. 28. Warren Township Police said following a motor […] Read more »

New Jersey DWI Law; “Intent to move the vehicle” satisfies the statutory requirement of operation

State v. Wardenski   “Intent to move the vehicle” satisfies the statutory requirement of “operation.” Submitted by New Jersey DWI Lawyer, Jeffrey Hark. In this case the defendant’s vehicle was found running with the keys in the ignition and the defendant observed sitting in the driver’s seat. The car was parked […] Read more »

Patent, Gross Abuse of Discretion and Denial of Application for PTI (Pre Trial Intervention)

CRIMINAL LAW | MOTOR VEHICLES 14-2-9069 State v. Darling, App. Div. Submitted by New Jersey DWI Lawyer, Jeffrey Hark. On Feb. 8, 2014, a police officer stopped defendant’s car for a random registration check when it used a license plate reader attached to the police cruiser.   The defendant, who had prior […] Read more »

N.J. state trooper admits driving drunk during on-duty crash

Submitted by New Jersey DWI Lawyer, Jeffrey Hark Trooper accused of DWI: ‘Where we going with this?’ Internal police car video obtained through a records request shows interactions between Sgt. Michael Roadside, a state trooper accused of driving drunk on duty, and the troopers responding to the scene of his […] Read more »

On-duty NJ state trooper charged with DWI after crashing police cruiser

Submitted by New Jersey DWI Lawyer, Jeffrey Hark A New Jersey state trooper was charged with drunk driving after rear-ending an Audi at a Garden State Parkway service area, State Police said. Sfc. Michael Roadside, who has been with the State Police for 28 years, was suspended without pay after […] Read more »

A Case of Fundamental Fairness–Refusal of Breath Test Sentences Subject to Step-Down Provision

Submitted by New Jersey DWI Attorney, Jeffrey Hark. This blog concerns a case that recently settled the unfairness of sentencing disparities between repeat offenders guilty of DWI (see N.J.S.A. 39:4-50) versus repeat offenders guilty of refusal to submit to a breath test under N.J.S.A. 39:4-50.4a. State v. Taylor was decided […] Read more »

Exigent Circumstances Required to Draw Blood without Consent or Warrant

On today’s date the New Jersey Supreme Court decided to apply the case of Missouri vs.  McNeely retroactively to all cases in their decision of State v. Adkins. If you recall Missouri vs McNeely is the US  Supreme Court case we wrote about 18 months ago. The issue was whether […] Read more »

New Jersey DWI and Suppressed Blood Test Results | A-91-13 State v. Timothy Adkins (073803)

Presented by New Jersey DWI Lawyer, Jeffrey Hark. Should the defendant’s blood test results be suppressed in light of the U.S. Supreme Court’s decision in Missouri v. McNeely, 133 S.Ct. 1552, 185 L.Ed.2d 696 (2013), which held that there is no per se rule of exigency in drunk driving cases? […] Read more »