DWI cases in New Jersey are typically resolved in 60 days
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 appear on that same day, namely […]
IN NEW JERSEY DOUBLE JEOPARDY PROTECTIONS APPLY TO GUILTY PLEAS ENTERED WITHOUT A TRIAL CONVICTION
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 by jury verdict or at the conclusion of a […]
Stalker Lidar Device found unreliable in the State of New Jersey
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 Courts through-out the State may not use the Stalker […]
ASSEMBLY APPROVES BILL STIFFENING BAIL RULES IN DOMESTIC-VIOLENCE CASES
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 second-degree crimes in which defendants must post the full amount […]
IS DELEWARE v. PROUSE DEAD?
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, the legal opinion in […]
NJ DWI SUSPECTS ENTITLED TO ADDITONAL DISCOVERY MATERIAL
In a recent unpublished opinion the Appellate Division in State v. Maricic, A-5247-08, ruled that the state MUST make available repair logs and historical data concerning the Alcotest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 additional discovery items that a defendant may avail him/herself in defending his/her DWI […]
COMMUNITY SERVICE IN LIEU OF JAIL FOR DRIVING ON SUSPENDED DUE TO DWI STILL AVAILABLE TO DEFENDANTS?
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. According to State v. White, a municipal court […]
LEGISLATURE RECENTLY AMENDED THE SEAT BELT LAW BY REQUIRING ADULT REAR SEAT PASSENDERS TO BUCKLE UP
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 weighing more than 80 pounds, and all passengers […]
NEW JERSEY (NJ) LEGISLATURE INCREASED THE PENALTIES OF A DWI CONVICTION!
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 (an ignition interlock device is a device […]