Posts Tagged ‘New Jersey DWI’
New Jersey DWI Law; “Intent to move the vehicle” satisfies the statutory requirement of operation
State v. Wardenski “Intent to move the vehicle” satisfies the statutory requirement of “operation.” Submitted by New Jersey DWI Lawyer, Jeffrey Hark. In this case the defendant’s vehicle was found running with the keys in the ignition and the defendant observed sitting in the driver’s seat. The car was parked one and a half to…
Read MoreNew 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…
Read MoreIs Not Using a Turn Signal When No Other Vehicles are Present Against the Law?
Submitted by New Jersey DWI Lawyer, Jeffrey Hark. If i do not use my turn signal late at night when no other vehicle is around, is that a traffic violation? What should i do if I get pulled over in the middle of the night and charged with DWI when I am not speeding I…
Read MoreWarrants Required for Blood Draws in DWI Cases | Birchfield v North Dakota
Submitted by New Jersey DWI Lawyer, Jeffrey Hark. What does it mean for you, the person who just was pulled over and the police are demanding you give blood!! DON’T GIVE BLOOD UNTIL YOU SEE THE WARRANT SIGNED BY A JUDGE REQUIRING YOU TO GIVE IT!!!!! US Supreme Court affirms warrant requirement for blood draw…
Read MoreDriving With a Suspended License for DWI in New Jersey
State v. Torres Decided June 6, 2016 Submitted by New Jersey DWI Lawyer, Jeffrey Hark. In this case the defendant was convicted of driving law suspended during a period of a DWI suspension. The defendant argued that the court ordered two year period of suspension had expired before he was charged with driving during that…
Read MoreReview of New Jersey Speedy Trial
Review of New Jersey speedy trial Submitted by New Jersey DWI Lawyer, Jeffrey Hark In this case the defendant was charged with a DWI. The trial did not take place for more than 2 1/2 years after the defendant was charged. He had gone through three attorneys and the final attorney only brought up the…
Read MorePatent, Gross Abuse of Discretion and Denial of Application for PTI (Pre Trial Intervention)
CRIMINAL LAW | MOTOR VEHICLES 14-2-9069 State v. Darling, App. Div. Submitted by New Jersey DWI Lawyer, Jeffrey Hark. On Feb. 8, 2014, a police officer stopped defendant’s car for a random registration check when it used a license plate reader attached to the police cruiser. The defendant, who had prior DWI suspensions and Driving While Suspended guilty…
Read MoreN.J. state trooper admits driving drunk during on-duty crash
Submitted by New Jersey DWI Lawyer, Jeffrey Hark Trooper accused of DWI: ‘Where we going with this?’ Internal police car video obtained through a records request shows interactions between Sgt. Michael Roadside, a state trooper accused of driving drunk on duty, and the troopers responding to the scene of his October 2015 accident. This video…
Read MoreOn-duty NJ state trooper charged with DWI after crashing police cruiser
Submitted by New Jersey DWI Lawyer, Jeffrey Hark A New Jersey state trooper was charged with drunk driving after rear-ending an Audi at a Garden State Parkway service area, State Police said. Sfc. Michael Roadside, who has been with the State Police for 28 years, was suspended without pay after the incident on Monday afternoon…
Read MoreQuasi-Criminal Nature of Vehicle Offenses at Sentencing
Submitted by New Jersey DWI Lawyer, Jeffrey Hark. State v. Simpson, decided June 30th by the Appellate Division resulting out of a plead to an amended third-degree eluding charge, and DWI. A sentence of non-custodial (no jail time) probation on the eluding charge, and third offense DWI chargers (including 6 months in jail, and…
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