IN N.J. COCAINE HANGOVER IS CONSIDERED A DRIVING UNDER THE INFLUENCE IN VIOLATION OF OUR DWI LAWS
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 New Jersey Appellate Court felt you are […]
NEW JERSEY APPELATE DIVSION FINDS THAT CONTROL TEST TEMPERTURE PROBE IS GOOD ENOUGH
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 Appellate Court opined that BAC results derived from an […]
NJ LASER SPEED DETECTOR LTI MARKSMAN 20-20 LASER REVIEW
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 technical insight into the working […]
NJ LASER CALIBRATION CERTIFICATES AND OFFICER COURSE CARD
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 of New Jersey Prosecutor’s Office to […]
N.J. ALCOTEST BREATHALYZER RESULTS HELD INVALID
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 DWI some protections against unreasonable police or administrative abuses when obtaining breath test samples from an […]
New Jersey DWI Sentencing akin to the CRIMINAL code?
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 if the factors are not mandated, they provide appropriate guides for the […]
NEW JERSEY PROBABLE CAUSE TO STOP MOTORIST REVIEWED
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 articulable and reasonable standard has been further defined by […]
NJ -REFUSING TO SUBMIT TO BREATH TEST IS NOT CONSIDERED A DWI
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 driving-while-intoxicated conviction. See, State v. Ciancaglini The practical affect of this decision is illustrated by the […]
ADDITIONAL DISCOVERY MATERIAL PROVIDED TO DWI DEFENDANTS
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 ranging from the date of the last […]