Defendant 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Docket No. A-3747-20 Decided November 10, 2022 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In a recent unpublished opinion, the Appellate Court of New Jersey decided defendant’s appeal of the denial of his motion to suppress a loaded handgun seized during a warrantless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…

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Driver 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…

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Prior 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…

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Infrastructure 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…

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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 In a recent unpublished opinion, the Appellate Division of New Jersey ruled an officer can access the information on their mobile data terminal (MDT) randomly, without reasonable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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2019 Proposed DWI legislation sitting on Governor Murphy’s desk

Bill Text: NJ A2089 | 2018-2019 |  Regular Session | Introduced |  LegiScan  Revises penalties for drunk driving and ignition interlock device  violations. An Act concerning drunk driving and ignition interlock devices and  amending R.S.3994-50, P.L.1981, c.512, and P.L.1999, c.417. Be It Enacted by the Senate and General Assembly of the State of New  Jersey: …

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