NEW JERSEY SPECIAL MASTER FINDS DRUG RECOGNITION EXPERTS (DRE) ADMISSIBLE UNDER NEW DAUBERT LEGAL STANDARD

April 18, 2023

State v. Michael Olenowski Appellate Docket No.: A-56 Decided April 13, 2023 Submitted by New Jersey DWI Lawyer, Jeffrey Hark. In a recent supplemental report, Special Master recalled Judge Joseph F. Lisa has concluded Drug Recognition Experts (DRE) used in criminal and Driving While Intoxicated (DWI) and Driving Under the Influence (DUI) cases are admissible. On…

An Officer Can Access the Information on Their Mobile Data Terminal (MDT) Randomly, Without Reasonable Suspicion

August 11, 2021

State v. Carrigan Appellate Docket No.: A-1252-19 Decided August 10, 2021 Submitted by New Jersey DWI Lawyer, Jeffrey Hark. In a recent unpublished opinion, the Appellate Division of New Jersey ruled an officer can access the information on their mobile data terminal (MDT) randomly, without reasonable suspicion that a traffic offense is being committed. In State…

For a DUI or DWI in New Jersey, the Accused Must Be Observed for Twenty Minutes Uninterrupted

July 1, 2021

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 In a recent unpublished decision the Appellate Division of New Jersey affirmed defendant’s guilty plea to a driving while intoxicated (DWI) after defendant challenged the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…

Window Tint Will Almost Always Be Grounds for Police to Pull You Over

April 6, 2021

State v. Cohen Appellate Docket No.: A-0210-19 Decided April 5, 2021 Submitted by New Jersey DWI Lawyer, Jeffrey Hark. In a recent unpublished opinion, the Appellate Division of New Jersey reviewed whether a police traffic stop was lawful when police believed there was window tint even though there actually was not unlawful tint. In State v.…

Understand the Different Levels of Information Officers Need when Investigating to Properly Make an Arrest

March 10, 2021

State v. Ruffin Appellate Docket No.: A-3979-18 Decided March 8, 2021 Submitted by New Jersey DWI Lawyer, Jeffrey Hark. In a recent unpublished opinion, the Appellate Division of New Jersey reviewed a Controlled Dangerous Substance (CDS) Driving Under the Influence (DUI) after police found a man hunched over in his car on the side of the…