Text of New DWI Sentence Law signed today

August 25, 2019

Newsflash Submitted by New Jersey DWI Lawyer, Jeffrey Hark. Announcement August 24, 2019 New Jersey Governor Murphy signs modifications to N.J.S.A. 39:4-50 1st offense DWI penalties. The period of driving suspension for drunk driving in New Jersey have been substantially reduced for a first offender’s. However the new sentencing requirements at the use of the…

Muni-mail – Guv signs DWI reform law – ignition interlock for all first-time offenders

August 24, 2019

A package of DWI reforms (S824) was signed by Gov. Murphy today.  If you are convicted of DWI or refusal in New Jersey, you now must install an ignition interlock device – this includes first-time drunk-driving offenders.  The lengths of license suspensions will be reduced dramatically. First-time offenders with BAC of.. 0.08 to 0.10 – must install…

Appealing a DWI conviction, Be careful what you wish for!

August 18, 2019

Law division Convictions of higher DWI on appeal and overturns municipal court judge dismissal oxblood evidence “What is a knowing and Voluntary waiver?” STATE OF NEW JERSEY v. KEITH R. GREENWOOD Decided August 12, 2019 Defendant Keith Greenwood appeals from his conviction of driving while intoxicated (DWI), N.J.S.A. 39:4-50(a). We affirm. Submitted by New Jersey DWI Lawyer, Jeffrey…

State v. Patel NJ Supreme Court Post Judgement Laurick Motion to Vacate Guilty Plea

August 8, 2019

State v. Patel: New Jersey Supreme Court Rules: To secure Post Judgement relief from a possible 3rd offense DWI 6 month jail term and 10 year loss of license. To secure relief from an enhanced custodial sentence for a subsequent DWI conviction, a) a non-indigent defendant must establish that in the earlier uncounseled DWI proceeding,…

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 State Of New Jersey v. Christopher Haas Superior Court Of New Jersey Appellate Division July 3, 2019 (Not For Publication) This is a summary of the final section of this case.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…

Intent to Drive and New Jersey DWI Law

July 3, 2019

State Of New Jersey v. Donna Ebert Submitted by New Jersey DWI Lawyer, Jeffrey Hark. This is a brief summary of a case that occurred in 2002. The question of this case is the intent to drive by the defendant. If you have been charged with a DUI but you were not driving or you…

Second Offense of Driving During a DWI Suspension Under NJSA 2C:40-26? Jail Time with No Parole

May 22, 2019

New Jersey Supreme Court declares that a Guilty plea or Jury Verdict for a second offense of driving while suspended during a DWI period of suspension under NJSA 2C:40-26 required 180 county jail time with NO parole or ‘intermittent’ days to serve the jail time Submitted by New Jersey DWI Lawyer, Jeffrey Hark. State v.…

Last votes needed to legalize marijuana in N.J. may come from these 3 GOP moderates.

January 15, 2019

DWI/DUI charges to substantially increases in NJ with legalized weed. — State representatives push for more DREs to become ‘experts for DWI’ DUI charges in NJ” Submitted by New Jersey DWI Lawyer, Jeffrey Hark. With Democrats who lead the state Senate still tantalizingly short of votes needed to legalize recreational marijuana in New Jersey, a…

When can the police approach my car? What is the Community Care taking function? If I was parked how can I be charged with a DWI?

December 9, 2018

Issue:  In this case the police approached a car for no reason which the officer observed pull into a parking lot of a closed store late at night after hours.  Are they allowed to do that and walk up to the driver and start to ask questions?  Have the driver been arrested at that time?…

Can prior DWI convictions be introduced at trial to prove ‘reckless conduct”?

November 30, 2018

Submitted by New Jersey DWI Lawyer, Jeffrey Hark Issue:  What evidence is too prejudicial to introduce to a jury?  Remember all evidence is prejudicial to a defendant!  The state will attempt to introduce all of it because that evidence will aid the jury to convict a defendant.  The ultimate question will be whether the trial…