AAA report shows drugged driving deaths are on the rise in NJ

Submitted by New Jersey DWI Lawyer, Jeffrey Hark. Driving under the influence of drugs has increased significantly over the last decade in New Jersey.In 2015 and 2016, more drivers killed tested positive for drugs than alcohol. That hasn’t happened since 2007, according to a AAA Northeast report. “In New Jersey in 2016, 103 fatally injured…

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New Jersey DWI – Municipal Court Appeal

State v. Rogers October 25, 2016 Issues: What is the Law Division’s job when reviewing a municipal court trial court’s finding of guilt in a DWI case? Submitted by New Jersey DWI Lawyer, Jeffrey Hark. In this case, defendant appealed from the order of the law division “denying” his appeal of conviction in the municipal…

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Mandatory Sentences Must Be Custodial

Submitted by New Jersey DWI Attorney, Jeffrey Hark. This blog very briefly discusses mandatory sentences using the recent case State v. French decided August 25, 2014. In this case the State appeals a sentence of 90 days in jail followed by 90 days in an inpatient drug rehabilitation program. The sentence is imposed for the…

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Common Sense Indicators of Drunkenness are enough in DWI Cases

Submitted by New Jersey DWI Lawyer, Jeffrey Hark Contrary to popular belief in order to prove intoxication for a DWI charge the State does not need a blood alcohol test nor a field sobriety test but only must prove beyond a reasonable doubt that the defendant was intoxicated given the totality of the circumstances. The…

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DWI Appeal taken after a conditional Plea

State vs. Pressler: Submitted by New Jersey DWI Lawyer, Jeffrey Hark Issue: Was the defendant driver able to give consent to the officer who provided New Jersey consent form to for the state to draw blood at a hospital without first obtaining a search warrant. The issue boils down to: The level of  the defendant’s mental/physical/…

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DWI Appeal and Sufficient Credible Evidence

State of NJ vs. Gorgodian DWI Appeal – State’s Burden of Proof Submitted by New Jersey DWI Lawyer, Jeffrey Hark In this DWI Appeal the court is asked again to determine whether the state has met its evidential burden at of proof and whether the trial court had erred when it made its finds of…

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