Latest Traffic News

18
JAN
2011
Criminal Defense Attorney

ADDITIONAL DISCOVERY MATERIAL PROVIDED TO DWI DEFENDANTS

Posted By : Dan Matrafajlo
Comments : 0
In State v. Maricic the New Jersey Appellate Division (unpublished decision) held that a defendant charged with DWI has the right to obtain, as part of discovery demands, a copy the repair logs and date download stored on the Alcotest instrument used for his test for the period...
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29
NOV
2010
New Jersey DWI Drug Urine Testing

DWI cases in New Jersey are typically resolved in 60 days

Posted By : Dan Matrafajlo
Comments : 0
My clients repeatedly ask the same question, “Why was I scheduled to appear in Court on the same day of my arrest for DWI or within days thereof.” It should be noted that, some defendant motorists are arrested at 2:00 a.m. released by 4:00 a.m. and are scheduled to...
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29
NOV
2010
New Jersey's reckless driving statute

IN NEW JERSEY DOUBLE JEOPARDY PROTECTIONS APPLY TO GUILTY PLEAS ENTERED WITHOUT A TRIAL CONVICTION

Posted By : Dan Matrafajlo
Comments : 0
In State v. Donal Hand, the New Jersey Appellate Court dismissed a DWI ticket and reckless driving charge  on double jeopardy grounds– even though the defendant entered into a guilty plea to the Fourth Degree indictable offense as opposed to being found guilty of the charge...
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12
NOV
2010

Stalker Lidar Device found unreliable in the State of New Jersey

Posted By : Dan Matrafajlo
Comments : 0
On November 9, 2010, the New Jersey Appellate Division in State v. John Green found that Stalker Lidar Device used by law enforcement to measure a motorist speed has not been established to be accurate or reliable. The consequence of the Court’s decision is that Municipal...
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05
NOV
2010
NJ Traffic Ticket Lawyer

ASSEMBLY APPROVES BILL STIFFENING BAIL RULES IN DOMESTIC-VIOLENCE CASES

Posted By : Dan Matrafajlo
Comments : 0
 Defendants charged with domestic violence and Traffic  offenses will have a harder time making bail if a bill passed by the New Jersey State Assembly becomes law. The measure, A-1491, would add domestic violence and violations of restraining orders to the list of first- and...
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30
SEP
2010
New Jersey's reckless driving statute

IS DELEWARE v. PROUSE DEAD?

Posted By : Dan Matrafajlo
Comments : 0
In Deleware v. Prouse, 440 U.S. 648, 99 S. Ct. 1391, 59 L.Ed. 2d 660 (1979), the United States Supreme Court held that Police must have at least an articulable and reasonable suspicion that a violation of the traffic laws has occurred in order to stop a motorist.  In other words,...
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01
SEP
2010
New Jersey's reckless driving statute

NJ DWI SUSPECTS ENTITLED TO ADDITONAL DISCOVERY MATERIAL

Posted By : Dan Matrafajlo
Comments : 0
In a recent unpublished opinion the Appellate Division in State v. Maricic, A-5247-08, ruled that the state MUST make available repair logs and historical data concerning the Alcotest machine at issue. The significance of this opinion is that the Appellate Division added...
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09
JUN
2010
New Jersey's reckless driving statute

COMMUNITY SERVICE IN LIEU OF JAIL FOR DRIVING ON SUSPENDED DUE TO DWI STILL AVAILABLE TO DEFENDANTS?

Posted By : Dan Matrafajlo
Comments : 0
If a defendant is charged and pleads guilty to driving on a suspended license due to an underlying offense of driving under the influence (DWI), can that defendant avail him/herself of serving the mandatory jail term in SLAP (a form of community service) in lieu of jail....
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09
JUN
2010
Fake Identification?

LEGISLATURE RECENTLY AMENDED THE SEAT BELT LAW BY REQUIRING ADULT REAR SEAT PASSENDERS TO BUCKLE UP

Posted By : Dan Matrafajlo
Comments : 0
The new law reads as follows:  39:3-76.2f. Seat belt usage by drivers and passengers required a. Except as provided in P.L.1983, c. 128 (C.39:3-76.2a et al.) for children under eight years of age and weighing less than 80 pounds, all passengers under eight years of age and...
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06
APR
2010
Drinking-And-Driving

NEW JERSEY (NJ) LEGISLATURE INCREASED THE PENALTIES OF A DWI CONVICTION!

Posted By : Dan Matrafajlo
Comments : 0
On January 14, 2010 the NJ Legislature changed the penalties a person incurs if he/she pleads guilty to a DWI. The new changes will require, for the most part, that a judge order the installation of an ignition interlock device on a vehicle principally operated by the defendant ...
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