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

October 28, 2015

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 the incident on Monday afternoon…

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

May 12, 2015

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 May 11th by the Appellate…

Exigent Circumstances Required to Draw Blood without Consent or Warrant

May 4, 2015

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 the police were required a…

State of NJ vs. Gorgodian | NJ DWI Appeal and Sufficient Credible Evidence

June 12, 2014

State’s Evidential Burden of Proof in New Jersey DWI Appeal Submitted by New Jersey DWI Lawyer, Jeffrey Hark State of NJ vs. Gorgodian In this DWI Appeal the court is asked again to determine whether the state has met its evidential burden of proof and whether the trial court had erred when it made its…

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

May 21, 2014

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? The New Jersey State Supreme…

New Jersey Assembly Introduces a Bill Which Expands Implied Consent Statute to Include Blood And Urine Testing

August 19, 2013

A4284 – S2939 Expands Implied Consent Statute to Include Blood And Urine Testing. Originally published by TruckCrashAttorney.com               On June 24, 2013 the New Jersey Assembly introduced a bill to expand the implied consent of motor vehicle operators to include blood and urine testing. The bill would amend P.L.1966, c.142 which currently on includes breath. The bill…

Drunk Driving Defense – Mid Trial Discovery Admitted

July 29, 2013

Published by New Jersey DWI Lawyer, Jeffrey Hark.https://www.criminalcivillawyer.com/new-jersey-dwi-lawyer/   June 28, 2013, the Appellate Division affirmed the drunk driving conviction where defendant unsuccessfully sought suppression of an Alcohol Influence Report (AIR) because it was submitted after discovery ended. The defendant was appealing his August 12, 2012 conviction for violation of driving while intoxicated (DWI) pursuant to…

Proposed Changes to New Jersey Drunk Driving Law

February 8, 2013

Major Changes Proposed to New Jersey Drunk Driving Law   Submitted by NJ DWI Lawyer, Jeffrey Hark. Senate Bill 2427 introduced on January 8, 2013 would require all drunk driving offenders to install an ignition interlock devicein any motor vehicle that he or she owns, leases, or primarily operates for a set duration. If the drunk…