Submitted by New Jersey DWI Attorney, Jeffrey Hark. This blog concerns a case that recently settled the unfairness of sentencing disparities between repeat offenders guilty of DWI (see N.J.S.A. 39:4-50) versus repeat offenders guilty of refusal to submit to a breath test under N.J.S.A. 39:4-50.4a. State v. Taylor was decided May 11th by the Appellate…
Submitted by New Jersey Motor Vehicle Crash Lawyer, Jeffrey Hark WEEHAWKEN—When a Bronx man drunkenly sped through a closed portion of the Lincoln Tunnel on Friday, he didn’t realize he’d crashed through barriers in order to get into Manhattan, Port Authority police said. As smoke and antifreeze came off his heavily-damaged car, the driver asked police if…
Submitted by New Jersey DWI Lawyer, Jeffrey Hark. If you are caught driving while your license is suspended for a second or subsequent DWI you will go to jail. There is no way around this whether through the Drug Court program. This requirement speaks to the public policy of protecting the public from drunk drivers.…
Statement of the newly proposed drunk driving legislation This bill revises penalties for various drunk driving offenses. These revisions include mandating the installation of an ignition interlock device in the motor vehicle owned, leased, or principally operated by the offender and the operation of such vehicle under a restricted use driver’s license, or alternatively, mandating…
Submitted by New Jersey DWI Attorney, Jeffrey Hark. The state Senate passed legislation on Thursday (S-2427) that would require drunk drivers to install an ignition interlock device into their vehicle. The bill passed the Senate with a vote of 34 to 2, and is now sent to the Assembly Judiciary Committee. “This bill attempts to…
Submitted by New Jersey DWI Attorney, Jeffrey Hark ASSEMBLY, No. 3835 STATE OF NEW JERSEY 215th LEGISLATURE INTRODUCED FEBRUARY 14, 2013 Sponsored by: Assemblywoman LINDA STENDER District 22 (Middlesex, Somerset and Union) Assemblyman RALPH R. CAPUTO District 28 (Essex) SYNOPSIS Revises penalties for certain drunk driving offenses, including mandating installation of ignition interlock…
Submitted by New Jersey Criminal Lawyer, Jeffrey Hark State v. Bruno Gibson, decided September 16, 2014 by the Supreme Court of New Jersey lays out the difference between evidence presented at a motion to suppress hearing and evidence at trial as well as when to acquit a defendant versus when to remand them for a…
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…
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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New Jersey Survivors Justice Act: Sentencing Reform for Abuse Victims
Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In January 2026, New Jersey Governor Phil Murphy signed into law a pair of bills known as the Survivors Justice Act (S-4870/A-5968 and S-4871/A-5969). This landmark legislation, championed by Senator Angela V. McKnight, Senator M. Teresa Ruiz, and other lawmakers, amends the state’s criminal code to allow courts…