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 In a recent unpublished opinion, the Appellate Division of New Jersey ruled an officer can access the information on their mobile data terminal (MDT) randomly, without reasonable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 In an unpublished opinion, the Appellate Division of New Jersey reviewed whether the failure to warn defendant of increased penalties, including six months imprisonment for a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 In a recent unpublished opinion, the Appellate Division of New Jersey reviewed whether a police traffic stop was lawful when police believed there was window tint even though there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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Junk Science kicked out of municipal court

Submitted by New Jersey DWI Lawyer, Jeffrey Hark. State Of New Jersey v. Christopher Haas Superior Court Of New Jersey Appellate Division July 3, 2019 (Not For Publication) This is a summary of the final section of this case. It deals with the application of New Jersey’s gate keeping Rule, The Net Opinion Rule, in…

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Unlawful Possession of Drugs in a Motor Vehicle

State of NJ vs Haas (Not Approved for Publication by the New Jersey Appellate Division July 2, 2019) Submitted by New Jersey Drug Crime Lawyer, Jeffrey Hark. How can the police prove I have certain drugs and can they charge me with unlawful possession or NJSA 39:4-49.1 (Drugs in a Motor Vehicle)? New Jersey’s Net…

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Intent to Drive and New Jersey DWI Law

State Of New Jersey v. Donna Ebert Submitted by New Jersey DWI Lawyer, Jeffrey Hark. This is a brief summary of a case that occurred in 2002. The question of this case is the intent to drive by the defendant. If you have been charged with a DUI but you were not driving or you…

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Do I have to spend the entire six months in jail if I am convicted of driving while suspended for a second or greater time during a DWI suspension?

The New Jersey appellate division, in an approved for publication decision, ruled the trial court does not have any discretion to allow a defendant to show up for “nightly incarceration”. The appellate division affirmed the legislature’s mandate of a fixed term of 180 days for the 4th° offense without parole eligibility. In this case the…

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