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

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…

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State of New Jersey v. William Mongillo, Jr.: Appeal from an Order Finding Defendant Guilty Of DUI, Refusal to Submit to a Breath Test, Reckless Driving, and Failure to Maintain Lane

State of New Jersey v. William Mongillo, Jr. Docket No. A-3002-20 Decided December 30, 2022 Submitted by New Jersey DWI Lawyer, Jeffrey Hark. In a recent unpublished opinion, the Appellate Court of New Jersey decided defendant’s appeal from an order finding him guilty of DUI, refusal to submit to a breath test, reckless driving, and failure…

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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 In a recent unpublished opinion, the Appellate Division of New Jersey ruled an officer can access the information on their mobile data terminal (MDT) randomly, without reasonable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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Failure of A Judge to Advise You About Increased Penalties for Future DUI’s, Will Not Prevent Those Increased Penalties from Being Applied

State v. Lukens Appellate Docket No.: A-0458-20 Decided April 13, 2021 Submitted by New Jersey DWI Lawyer, Jeffrey Hark. In an unpublished opinion, the Appellate Division of New Jersey reviewed whether the failure to warn defendant of increased penalties, including six months imprisonment for a conviction of a third driving while intoxicated (DUI), during the plea…

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

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 In a recent unpublished opinion, the Appellate Division of New Jersey reviewed whether a police traffic stop was lawful when police believed there was window tint even though there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.…

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Driving Under the Influence of Marijuana Once it is Legal in New Jersey

This decision is pending before the N.J. Supreme Court — The following is the standard of review of the Appellate Court STATE OF NEW JERSEY,   v. MICHAEL OLENOWSKI, Argued October 23, 2018 – Decided November 27, 2018 Submitted by New Jersey DWI Lawyer, Jeffrey Hark. I am sure I have written about this case previously, however I…

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Appeal of Denial to PTI Program – New Jersey DWI Law

Submitted by New Jersey DWI Lawyer, Jeffrey Hark. This is a county prosecutor’s appeal of a trial court’s decision to overturn their denial of a defendant into their PTI program.  Defendant was charged with the 4th° offense of driving a motor vehicle while suspended for a second or subsequent violation of DWI. Recently the NJ…

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New Jersey DWI – Municipal Court Appeal

State v. Rogers October 25, 2016 Issues: What is the Law Division’s job when reviewing a municipal court trial court’s finding of guilt in a DWI case? Submitted by New Jersey DWI Lawyer, Jeffrey Hark. In this case, defendant appealed from the order of the law division “denying” his appeal of conviction in the municipal…

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N.J. state trooper admits driving drunk during on-duty crash

Submitted by New Jersey DWI Lawyer, Jeffrey Hark Trooper accused of DWI: ‘Where we going with this?’ Internal police car video obtained through a records request shows interactions between Sgt. Michael Roadside, a state trooper accused of driving drunk on duty, and the troopers responding to the scene of his October 2015 accident. This video…

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