Exigent Circumstances Required to Draw Blood without Consent or Warrant

On today’s date the New Jersey Supreme Court decided to apply the case of Missouri vs.  McNeely retroactively to all cases in their decision of State v. Adkins. If you recall Missouri vs McNeely is the US  Supreme Court case we wrote about 18 months ago. The issue was whether the police were required a…

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No Way Out of Jail For Driving While Suspended For DWI. Period.

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.…

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Newly Proposed Drunk Driving Legislation Awaiting Chris Christie’s Signature

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…

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New Bill Revises Penalties for Drunk Driving, Including Installation of Ignition Interlock Device

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…

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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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