Latest Traffic News

01
JUN
2011
Breath_Test

FAILURE TO PROVIDE PROPER BREATH SAMPLE IS A REFUSAL UNDER NJ DWI LAW N.J.S.A. 39:4-50.2.

Posted By : Dan Matrafajlo
Comments : 0
State of New Jersey v. Aaron P. Schmidt (A-35-10) Argued March 28, 2011 — Decided May 26, 2011 RIVERA-SOTO, J., writing for the Court, opined: Defendant/NJ Motorist was stopped by police and brought to New Jersey Police headquarters to take breath test to determine if...
Read More
26
MAY
2011
Glass-of-whiskey-and-car-keys

ALCOTEST OPERATOR MUST OBSERVE SUBJECT FOR 20 MINUTES PRIOR TO TAKING BREATH SAMPLE

Posted By : Dan Matrafajlo
Comments : 0
If a motorist is stopped for driving under the influence of alcohol that motorist, if requested by a New Jersey Police Officer, is required to submit to a breath test. Submitting to a breath test requires more then just blowing into a machine, procedurally the police officer must...
Read More
27
APR
2011
Legally Prescribed Drugs

IN N.J. COCAINE HANGOVER IS CONSIDERED A DRIVING UNDER THE INFLUENCE IN VIOLATION OF OUR DWI LAWS

Posted By : Dan Matrafajlo
Comments : 0
According to State v. Franchetta, 925 A. 2d 745 (Appellate Div. 2007), a person that ingested cocaine but  said cocaine was no longer in his system is guilty of New Jersey DWI law, namely: NJSA 39:4-50.  In other words, being hung over is enough to trigger a violation because the...
Read More
05
APR
2011
New Jersey Law

NEW JERSEY APPELATE DIVSION FINDS THAT CONTROL TEST TEMPERTURE PROBE IS GOOD ENOUGH

Posted By : Dan Matrafajlo
Comments : 0
Today the New Jersey Appellate Division opined that the Original Manufactured Ertco-Hart Temp prob was not necessary and if some other brand was used (namely because it’s cheaper) that is okay. Copy of the decision is provided for your review. In other words, the New Jersey...
Read More
31
MAR
2011
Speeding Ticket

NJ LASER SPEED DETECTOR LTI MARKSMAN 20-20 LASER REVIEW

Posted By : Dan Matrafajlo
Comments : 0
  Below is a fully copy of a 1996 decision that outlines what the State has to put into evidence and establish in order to introduce the reading of a laser speed measuring device at time of trial in a New Jersey based Municipal Court. In addition, the Court provides some...
Read More
24
MAR
2011
Speeding Ticket

NJ LASER CALIBRATION CERTIFICATES AND OFFICER COURSE CARD

Posted By : Dan Matrafajlo
Comments : 0
In a NJ Municipal Court situated in Middlesex County New Jersey (specific name of court omitted for confidentiality) waiting to be called by a Judge a colleague of mine indicated that it was a waste of time and money in my practice of consistently requesting proof from the State...
Read More
24
FEB
2011
Criminal Defense Attorney

N.J. ALCOTEST BREATHALYZER RESULTS HELD INVALID

Posted By : Dan Matrafajlo
Comments : 0
A recent opinion issued, by a New Jersey Superior Court Judge, gives defendants charged with driving under the influence of liquor in violation of N.J.S.A. 39:4-50 a valid DEFENSE. This opinion provides a breath of fresh air, in that, this opinion affords defendants charged with...
Read More
10
FEB
2011
Glass-of-whiskey-and-car-keys

New Jersey DWI Sentencing akin to the CRIMINAL code?

Posted By : Dan Matrafajlo
Comments : 0
Superior Court Judge Mitchel Ostrer wrote in State v Henry, approved for publication on February 9, 2011, that judges have too much latitude in sentencing DWI defendants, therefore, municipal judges should be guided by the guidlines used by judges in criminal cases, “Even...
Read More
22
JAN
2011
New Jersey's reckless driving statute

NEW JERSEY PROBABLE CAUSE TO STOP MOTORIST REVIEWED

Posted By : Dan Matrafajlo
Comments : 0
In New Jersey a valid motor vehicle stop requires the following showing by the State: In Deleware v. Prouse, the United States Supreme Court ruled that police must have at least an articulable and reasonable suspicion that a violation of the traffic laws has occurred. The...
Read More
21
JAN
2011
Alcotest Testing Instruments Accuracy Questioned

NJ -REFUSING TO SUBMIT TO BREATH TEST IS NOT CONSIDERED A DWI

Posted By : Dan Matrafajlo
Comments : 0
In a recent New Jersey Supreme Court opinion, the supreme Court rightfully held that a defendant’s conviction for refusing to submit to a Breathalyzer test is not a “prior conviction” for purposes of determining the sentence for a subsequent...
Read More
  • america top 100
  • Cambridge
  • Superlawyers
  • New jercy association for justice
  • AVVO
  • AVVO

Testimonials

Free Case Evaluation

Please fill out the following form and we will contact you as soon as possible.

  • This field is for validation purposes and should be left unchanged.