NJ DWI Lawyer
Latest New Jersey ruling on US Supreme Court’s McNeeley Ruling: STATE VS. JONES
Submitted by New Jersey DWI Attorney, Jeffrey Hark A New Jersey appeals court has upended a trial judge’s suppression of blood evidence taken from a woman who caused an accident after getting behind the wheel with a blood-alcohol level of more than four times the legal limit. The Appellate Division thwarted the defendant’s efforts to…
Read MoreEmergency Circumstacnes: Exigency in State v. Eckel,
Submitted by New Jersey DWI Lawyer, Jeffrey Hark Our court has outlined exigency in See State v. Eckel, 185 N.J. 523. Exigency has been defined as circumstances which provide the officer with the heightened concern for his safety or the destruction of evidence. Id. at 534. The U.S Supreme Court’s 2013 decision in Missouri v.…
Read MoreDWI Appeal and Sufficient Credible Evidence
State of NJ vs. Gorgodian DWI Appeal – State’s Burden of Proof Submitted by New Jersey DWI Lawyer, Jeffrey Hark In this DWI Appeal the court is asked again to determine whether the state has met its evidential burden at of proof and whether the trial court had erred when it made its finds of…
Read MoreNew Jersey Blood Alcohol Testing Equipment
Published by New Jersey DUI Lawyer, Jeffery Harkhttps://www.criminalcivillawyer.com/new-jersey-dwi-lawyer/The equipment used to test drivers for their alcohol level at the 561 police stations around the state of New Jersey, the Alcotest, is to be replaced according to the state attorney general says in court papers. Why, after so much controversy??? Because the machine’s manufacturer, Draeger Safety…
Read MoreDivided Court Strikes Down Law on Drunk Driving Blood Tests
Tony Mauro The National Law Journal 04-17-2013 Posted by New Jersey DWI Lawyer, Jeffrey Hark A divided Supreme Court on Wednesday struck down a Missouri law that allowed police routinely to force drunk-driving suspects to give blood samples without a warrant and without consent. A 5-4 majority agreed that the inevitable dissipation of alcohol from…
Read MoreProposed Changes to New Jersey Drunk Driving Law
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…
Read MoreOUT OF STATE DWI CONVICTION
LICENSE SUSPENSION 05-2-8058 Foehner v. New Jersey Motor Vehicle Commission, App. Div. (per curiam) (5 pp.) Appellant Robert Foehner appeals from the Motor Vehicle Commission’s (MVC) denial of an administrative hearing before imposing a 3,650-day suspension of his driver’s license due to a fourth conviction for an alcohol-related offense. The MVC asserts that appellant was…
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