NJ Court Upholds Denial to Vacate 2018 DWI Guilty Plea in Appeal

October 17, 2024

State of New Jersey v. Anthony Barbato Docket No. A-3654-22 Decided October 16, 2024 Submitted by New Jersey DWI Lawyer, Jeffrey Hark. In a recent unpublished opinion, the Appellate Court of New Jersey decided defendant’s appeal from the denial of his motion to vacate his guilty plea to driving while intoxicated (“DWI”). On May 16, 2018,…

DWI Conviction Upheld in State v. Elizabeth Karlinski – A-2836-21

November 7, 2023

State of New Jersey v. Elizabeth Karlinski Docket No. A-2836-21 Decided October 27, 2023 Submitted by New Jersey DWI Lawyer, Jeffrey Hark. In a recent unpublished opinion, the Appellate Court of New Jersey decided defendant’s appeal from her conviction for driving while intoxicated (DWI). The record reflects that on March 9, 2019, at approximately 1:00 a.m.,…

Appellate Decision Upholds DWI & Refusal Convictions in NJ: Legal Analysis & Representation Offered

August 8, 2023

State of New Jersey v. Kevin Simmons Docket No. A-3438-21 Decided July 26, 2023 Submitted by New Jersey DWI Lawyer, Jeffrey Hark. In a recent unpublished opinion, the Appellate Court of New Jersey decided defendant’s appeal from a June 3, 2022 Law Division order upholding his convictions for driving while intoxicated (DWI), N.J.S.A. 39:4-50; and refusal…

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…

Motion To Suppress the Alcotest Results Which Led to Arrest for Driving While Intoxicated (“DWI”)

November 28, 2022

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 In a recent unpublished opinion, the Appellate Court of New Jersey decided defendant’s appeal of his motion to suppress the Alcotest results which led to his arrest for Driving While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…

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.…

State v. Fagg | New Jersey Appellate Division unpublished Decision: Filed: 2021-01-08

January 15, 2021

Submitted by New Jersey DWI Lawyer, Jeffrey Hark. Michale Fagg appeals his conviction of driving while intoxicated DWI. At around 1:30 AM, witness Jill Muriithi noticed that a vehicle was parked at the entrance of the parking lot of her apartment complex. The vehicle was just sitting there with its lights on. She had to pull…