After market thermometer is permissible!
On December 20, 2011 the New Jersey Appellate Division in State of New Jersey v. Nicole Holland addressed the issue on whether blood alcohol concentration results derived from an Alcotest 7110 MKIII-C breath-testing device are admissible against defendants in driving while intoxicated (DWI) prosecutions when the device has been calibrated with a Control Company, Inc. digital […]
Refusal to submit to a breath test defenses may be something of the past
Refusal to submit to a breath test is commonly referred to as the implied-consent law, N.J.S.A. 39:4-50.2. According to a recent bill approved by the New Jersey assembly committee has significantly curtailed and/or changed present law regarding defenses to a charge of refusing to submit to blood-alcohol testing. On November 21. 2011, the Law and Public Safety […]
Tickets incurred in Sandy Hook Beach
Traffic tickets, DWI, drug charges incurred in Sandy Hook or related federal property are resolved by the United States District Court. Sandy Hook beach is a federal owned property that is policed by federal police known as, Park Rangers. For example, a DWI charge incurred in Sandy Hook New Jersey is cited under federal law […]
Police officers must follow rigid procedures when operating the Alcotest
The Alcotest 7110 is a breath-alcohol analyzer used by almost all New Jersey law enforcement (whether federal, state or local) to establish a per se violation of our New Jersey drunk driving laws (as more fully outlined in N.J.S.A. 39:4-50). According to the New Jersey State Police user manual, a police officer or other law […]
What provides N.J. Motor Vehicle Commission authority to impose surchages?
The New Jersey Motor Vehicle Commission is delegated the authority, via statute, to impose insurance surcharges on every New Jersey driver that, within a three year period, “has accumulated six or more motor vehicle points”. See, N.J.S.A. 17:29A-35. The costs to New Jersey motorist can be substantial because the monetary penalty, “shall be $150.00 for six […]
The SODDI Defense
There are many different approaches and types of defenses that your New Jersey drunk driving lawyer will use to help you to fight your DWI charges. The SODDI defense is a term that is an acronym for “some other dude did it.” Though this defense is an incredibly common one in criminal law in general, […]
Obstacles in DUI Trials
A qualified New Jersey DWI attorney will know that there is at least one inherent bias against those facing DWI charges at a trial: the proceedings are generally prosecution-oriented in that the state gets to decide in many ways exactly how the case is to go. Another big bias is that the vast majority of […]
Can A Police Officer Give Me A DWI if He Pulls Me Over For An Equipment Violation?
Generally yes, an equipment violation is a valid reason for a police officer to pull you over. Equipment violations can be for any part of your vehicle that does not conform to criteria set for street legal vehicles, including broken tail lights, dangerous or improperly secured cargo, or any problems with the license plate. In […]
How a DWI Attorney Will Evaluate Your Case in New Jersey
If you have been arrested for DWI, you may be wondering if a New Jersey DWI attorney would be willing to defend you. When you first contact a New Jersey DWI attorney, there will be an initial interview during which the attorney will evaluate your case and your potential as a witness to determine the […]