Prior Uncounseled Convictions for Driving While Intoxicated (DWI) Cannot Be Used to Enhance a Sentencing Scheme for Subsequent DWI Convictions

April 7, 2022

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…

Infrastructure bill includes requiring new technology to stop drunken driving

November 9, 2021

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…

An Officer Can Access the Information on Their Mobile Data Terminal (MDT) Randomly, Without Reasonable Suspicion

August 11, 2021

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 In a recent unpublished opinion, the Appellate Division of New Jersey ruled an officer can access the information on their mobile data terminal (MDT) randomly, without reasonable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…

For a DUI or DWI in New Jersey, the Accused Must Be Observed for Twenty Minutes Uninterrupted

July 1, 2021

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 In a recent unpublished decision the Appellate Division of New Jersey affirmed defendant’s guilty plea to a driving while intoxicated (DWI) after defendant challenged the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…

Failure of A Judge to Advise You About Increased Penalties for Future DUI’s, Will Not Prevent Those Increased Penalties from Being Applied

April 14, 2021

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 In an unpublished opinion, the Appellate Division of New Jersey reviewed whether the failure to warn defendant of increased penalties, including six months imprisonment for a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…

Window Tint Will Almost Always Be Grounds for Police to Pull You Over

April 6, 2021

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.…

State v. Fagg | New Jersey Appellate Division unpublished Decision: Filed: 2021-01-08

January 15, 2021

Submitted by New Jersey DWI Lawyer, Jeffrey Hark. Michale Fagg appeals his conviction of driving while intoxicated DWI. At around 1:30 AM, witness Jill Muriithi noticed that a vehicle was parked at the entrance of the parking lot of her apartment complex. The vehicle was just sitting there with its lights on. She had to pull…

2019 Proposed DWI legislation sitting on Governor Murphy’s desk

August 6, 2019

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: …

Junk Science kicked out of municipal court

July 16, 2019

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…

Unlawful Possession of Drugs in a Motor Vehicle

July 4, 2019

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…