State of New Jersey v. Jonathan Carambot Docket No. A-1228-22 Decided May 30, 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 In a recent unpublished opinion, the Appellate Court of New Jersey decided defendant’s appeal from his conviction for driving while intoxicated (DWI), N.J.S.A. 39:4-50, following a trial de novo in the Law Division. On…
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…
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 In a recent unpublished opinion, the Appellate Court of New Jersey decided defendant’s appeal from an order finding him guilty of DUI, refusal to submit to a breath test, reckless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…
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 In a recent unpublished opinion, the Appellate Division of New Jersey ruled an officer can access the information on their mobile data terminal (MDT) randomly, without reasonable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…
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 In a recent unpublished decision the Appellate Division of New Jersey affirmed defendant’s guilty plea to a driving while intoxicated (DWI) after defendant challenged the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…
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 In an unpublished opinion, the Appellate Division of New Jersey reviewed whether the failure to warn defendant of increased penalties, including six months imprisonment for a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…
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 In a recent unpublished opinion, the Appellate Division of New Jersey reviewed whether a police traffic stop was lawful when police believed there was window tint even though there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.…
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…
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…
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…
Legal Developments
That Affect You
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2022 changes to New Jersey statute N.J.S.A. 45:1-15.9.
This memorandum addresses the scope of New Jersey statute N.J.S.A. 45:1-15.9,summarizes the 2022 amendments to that statute, identifies the effective date andapplicability of those amendments, and outlines practical implications forregulated professionals and licensing boards. Background N.J.S.A. 45:1-15.9 is part of New Jersey’s professional and occupational licensinglaws administered under Title 45. The statute governs disciplinary and…