Quasi-Criminal Nature of Vehicle Offenses at Sentencing

July 6, 2015

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…

A Case of Fundamental Fairness–Refusal of Breath Test Sentences Subject to Step-Down Provision

May 12, 2015

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…