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

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 In a recent unpublished opinion, the Appellate Division of New Jersey ruled an officer can access the information on their mobile data terminal (MDT) randomly, without reasonable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…

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PTI Denial where Defendant had Two Prior DUI’s and Driving while Suspended

State v. Leszczynski Appellate Docket No.: A-3653-18T1 Decided October 6, 2020 Submitted by New Jersey DUI Lawyer, Jeffrey Hark. In an unpublished opinion, the Appellate Division of New Jersey reviewed whether a denial for PTI was appropriate for driving while suspended after two DUIs. In State v. Leszczynski, Defendant, Frances H. Leszcynski, appeals from a…

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Do I have to spend the entire six months in jail if I am convicted of driving while suspended for a second or greater time during a DWI suspension?

The New Jersey appellate division, in an approved for publication decision, ruled the trial court does not have any discretion to allow a defendant to show up for “nightly incarceration”. The appellate division affirmed the legislature’s mandate of a fixed term of 180 days for the 4th° offense without parole eligibility. In this case the…

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Driving While Suspended with Prior DUI? What you need to know…

Have you been charged with driving while suspended as a result of a DUI? How many prior DWIs have you been convicted of? Do you have two or more prior DWI conviction? Did you print guilty to a DUI with or without an attorney representing? Submitted by New Jersey DWI Lawyer, Jeffrey Hark. All of…

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