Posts Tagged ‘Alcotest’
Motion To Suppress the Alcotest Results Which Led to Arrest for Driving While Intoxicated (“DWI”)
State of New Jersey v. Ryan Peschieri Docket No. A-1791-20 Decided November 16, 2022 Submitted by New Jersey DWI Lawyer, Jeffrey Hark. In a recent unpublished opinion, the Appellate Court of New Jersey decided defendant’s appeal of his motion to suppress the Alcotest results which led to his arrest for Driving While Intoxicated (“DWI”). At approximately…
Read MoreFor a DUI or DWI in New Jersey, the Accused Must Be Observed for Twenty Minutes Uninterrupted
State v. Bruno Docket No. A-1144-19 Decided June 29, 2021 Submitted by New Jersey DWI Lawyer, Jeffrey Hark. In a recent unpublished decision the Appellate Division of New Jersey affirmed defendant’s guilty plea to a driving while intoxicated (DWI) after defendant challenged the twenty-minute observation period prior to the Alcotest breathalyzer. In Bruno, as part of…
Read MoreAn Alcotest and Field Sobriety Test Are Not Absolutely Necessary to Prove Intent to Operate A Vehicle Under the Influence
State v. Lyons Appellate Docket No.: A-3017-19 Decided March 24, 2021 Submitted by New Jersey DWI Lawyer, Jeffrey Hark. In a recent unpublished opinion, the Appellate Division of New Jersey reviewed a conviction of a driving under the influence of intoxicating liquor (DUI) and leaving the scene of an accident after defendant was found outside of…
Read MoreBe Careful When Challenging Alcotest Test Results | New Jersey DWI
State v. Meyer Appellate Docket No.: A-3138-18T1 Decided September 18, 2020 Submitted by New Jersey DWI Lawyer, Jeffrey Hark In a recent unpublished decision, the Appellate Division reviewed whether a DWI conviction was properly administered in municipal court. In State v. Meyer, defendant was involved in a three-car accident in Lacey Township that resulted in…
Read MoreDWI —Drug Recognition Expert and Convictions How I can Help You
STATE OF NEW JERSEY, v. MICHAEL OLENOWSKI, Argued October 23, 2018 – Decided November 27, 2018 Submitted by New Jersey DWI Lawyer, Jeffrey Hark. This decision is from November of 2018 and has been appealed to the N.J. Supreme Court. The reason I am writing about this case again today, November 14, 2019, is because a Supreme Court decision…
Read MoreAlcotests, New Jersey, and why you should fight your DWI charges.
Alcohol breath tests, a linchpin of the criminal justice system, are often unreliable, a Times investigation found. Submitted by New Jersey DWI Lawyer, Jeffrey Hark. A million Americans a year are arrested for drunken driving, and most stops begin the same way: flashing blue lights in the rearview mirror, then a battery of tests that…
Read MoreState v. James L. Rogers NJ Appellate Division Decided May 3, 2019 (Not Approved for Publication)
State v. James L. Rogers Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. Pertinent Facts: The defendant was brought to the police department and advised he will have to submit to the Alcotest. Both at the scene and after he was taken to the police station, defendant was uncooperative and confrontational. On the charge for…
Read MoreAll NJ DWI Cases Found Guilty Using the Alcotest machine 7110 that used a specific calibration temperature thermometer shall be thrown out
Submitted by New Jersey DWI Lawyer, Jeffrey Hark. NEW JERSEY SUPREME COURT DECISION The New Jersey Supreme Court has ordered all NJ DWI cases in which a defendant was found guilty or plead guilty as a result of the introduction of the Alcotest machine 7110 that used a specific calibration temperature thermometer shall be thrown…
Read MoreSTATE V. OGDEN DECISION SEPTEMBER 9, 2018 DWI FOUNDATIONAL DOCUMENT APPEAL ARGUMENT
Submitted by New Jersey DWI Lawyer, Jeffrey Hark. In this DWI appeal the defendant attempted to argue that the state’s failure to introduce the State Trooper’s Alcotest operating card at the time of trial was a violation of the NJ Supreme Court mandate of State v. Chun and as a result of state’s failure to comply with…
Read MoreNew Jersey DWI Case – ALCOTEST Results, Physical Condition and Officer Testimony: Honesty and Officer Credibility
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…
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