Posts Tagged ‘DWI’
Appellate Court Affirms Convictions and Sentence: State v. John Rivera
State of New Jersey v. John Rivera Docket No. A-3223-20 Decided August 14, 2023 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In a recent unpublished opinion, the Appellate Court of New Jersey decided defendant’s appeal from his convictions for vehicular homicide, assault by auto, and DWI. In the alternative, defendant contends his sentence was excessive.…
Read MoreAppellate Decision Upholds DWI & Refusal Convictions in NJ: Legal Analysis & Representation Offered
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 In a recent unpublished opinion, the Appellate Court of New Jersey decided defendant’s appeal from a June 3, 2022 Law Division order upholding his convictions for driving while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…
Read MoreNEW 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…
Read MoreState’s Appeal from An Order Suppressing Defendant’s Alleged Intoxication as a Sanction for The State Trooper’s Absence at Trial
State of New Jersey v. Jacob Hiller Docket No. A-2647-21 Decided November 30, 2022 Submitted by New Jersey DWI Lawyer, Jeffrey Hark. In a recent unpublished opinion, the Appellate Court of New Jersey decided the State’s appeal from an order suppressing defendant’s alleged intoxication as a sanction for the State Trooper’s absence at trial. In November…
Read MoreMotion To Suppress the Alcotest Results Which Led to Arrest for Driving While Intoxicated (“DWI”)
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 In a recent unpublished opinion, the Appellate Court of New Jersey decided defendant’s appeal of his motion to suppress the Alcotest results which led to his arrest for Driving While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…
Read MoreDefendant Appeals Denial Of His Motion To Suppress A Loaded Handgun Seized During A Warrantless Search Of His Vehicle.
State of New Jersey v. Wadeworth Afflick Docket No. A-3747-20 Decided November 10, 2022 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In a recent unpublished opinion, the Appellate Court of New Jersey decided defendant’s appeal of the denial of his motion to suppress a loaded handgun seized during a warrantless search of his vehicle. The…
Read MoreDriver accused of traveling 113 mph before fatal DWI crash indicted
Submitted by New Jersey DWI Lawyer, Jeffrey Hark. A grand jury has indicted a Salem County man on aggravated manslaughter and death by auto charges following a fatal crash in which he was allegedly traveling at more than 100 mph just seconds before the collision. Stephen M. Karwowski, 30, of Pittsgrove Township, was driving a pickup…
Read MorePrior Uncounseled Convictions for Driving While Intoxicated (DWI) Cannot Be Used to Enhance a Sentencing Scheme for Subsequent DWI Convictions
State v. Michael Konecny Appellate Docket No.: A-21-20 Decided April 5, 2022 Submitted by New Jersey DWI Lawyer, Jeffrey Hark. In a recent decision, the Supreme Court of New Jersey held that a prior uncounseled conviction for driving while intoxicated (DWI) cannot be used to enhance a sentencing scheme for subsequent DWI convictions. In Konecny, after…
Read MoreInfrastructure bill includes requiring new technology to stop drunken driving
Submitted by New Jersey DWI Lawyer, Jeffrey Hark. WASHINGTON – Congress has created a new requirement for automakers: Find a high-tech way to keep drunken people from driving cars. It’s one of the mandates along with a burst of new spending aimed at improving auto safety amid escalating road fatalities in the $1 trillion infrastructure package…
Read MoreAn 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…
Read More