Posts Tagged ‘DWI and DUI’
Defendant Contended That His Un-Mirandized Statements to Police Should Have Been Suppressed and That the Court Committed Reversible Error
State of New Jersey v. Elijarh Hogges Docket No. A-1666-19 Decided December 2, 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 In a recent unpublished opinion, the Appellate Court of New Jersey decided defendant’s appeal from judgment of conviction entered after a jury trial of four counts arising from a motor vehicle collision that resulted…
Read MoreDWI defense of “necessity“
This is a very interesting case for several points. I will address each one individually. Submitted by New Jersey DWI Lawyer, Jeffrey Hark. Standard of review for the appeal of a municipal court decision by the municipal court judge. I have written numerous blogs on this issue previously but it worth repeating at this time.…
Read MoreDWI & Prior offenses and 6 months in Jail
Submitted by New Jersey DWI Lawyer, Jeffrey Hark. On December 1 the New Jersey legislature’s July modifications to the DWI statute became effective. The legislative changes enabled first time offenders to not lose their license for a DWI conviction. This may lead many to not hire an attorney or fight their case because they didn’t…
Read MoreText of New DWI Sentence Law signed today
Newsflash Submitted by New Jersey DWI Lawyer, Jeffrey Hark. Announcement August 24, 2019 New Jersey Governor Murphy signs modifications to N.J.S.A. 39:4-50 1st offense DWI penalties. The period of driving suspension for drunk driving in New Jersey have been substantially reduced for a first offender’s. However the new sentencing requirements at the use of the…
Read MoreMuni-mail – Guv signs DWI reform law – ignition interlock for all first-time offenders
A package of DWI reforms (S824) was signed by Gov. Murphy today. If you are convicted of DWI or refusal in New Jersey, you now must install an ignition interlock device – this includes first-time drunk-driving offenders. The lengths of license suspensions will be reduced dramatically. First-time offenders with BAC of.. 0.08 to 0.10 – must install…
Read MoreState v. Patel NJ Supreme Court Post Judgement Laurick Motion to Vacate Guilty Plea
State v. Patel: New Jersey Supreme Court Rules: To secure Post Judgement relief from a possible 3rd offense DWI 6 month jail term and 10 year loss of license. To secure relief from an enhanced custodial sentence for a subsequent DWI conviction, a) a non-indigent defendant must establish that in the earlier uncounseled DWI proceeding,…
Read MoreLast votes needed to legalize marijuana in N.J. may come from these 3 GOP moderates.
DWI/DUI charges to substantially increases in NJ with legalized weed. — State representatives push for more DREs to become ‘experts for DWI’ DUI charges in NJ” Submitted by New Jersey DWI Lawyer, Jeffrey Hark. With Democrats who lead the state Senate still tantalizingly short of votes needed to legalize recreational marijuana in New Jersey, a…
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