Latest Traffic News

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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08
JAN
2010

IN NEW JERSEY DELAYING A DWI TRIAL FOR 344 DAYS REQUIRES DISMISSAL OF THE DWI

Posted By : Dan Matrafajlo
Comments : 0
 In the most recent New Jersey Appellate Division decision of State v. Tsetsekas, the Court held that a delay of 344 days in bringing defendant to trial on charge of driving while intoxicated (DWI) violated defendant’s speedy trial rights, thus requiring reversal of...
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08
JAN
2010
Breath_Test

PRIOR GUILTY PLEA TO NJ DWI REFUSAL TO TAKE A BREATHE TEST WILL BE TREATED AS A PRIOR DWI CONVICTION FOR SENTENCING PURPOSES

Posted By : Dan Matrafajlo
Comments : 0
In State v. Ciancaglini. the New Jersey Appellate Division reversed a long-standing precedent by holding  that a prior conviction for refusing to take the breathalyzer test is considered a prior “violation” or “offense” for purposes of the DWI statute. In essence, the...
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11
DEC
2009

AN ENCOUNTER WITH A HOOKER CREATES A DATING RELATIONSHIP TRIGGERING THE NJ DOMESTIVE VIOLENCE ACT

Posted By : Dan Matrafajlo
Comments : 0
The New Jersey Appellate Division rendered a decision earlier today that an encounter (saying that loosely) with a call girl affords that call girl protection under the New Jersey Domestic Violence Act. The caption of the case was J.S. v. J.F. In essence, the Appellate Division...
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08
DEC
2009

NEW JERSEY MUNICIPAL COURTS RESOLVE DWI CASES IN 60 DAYS!

Posted By : Dan Matrafajlo
Comments : 1
Many of my clients facing a DWI charge in the State of New Jersey have repeatedly asked, “why are they required to appear before a Municipal Court Judge within 2-4 days of being issued a summons for driving under the influence in violation of N.J.S.A 39:4-50. In some cases,...
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12
NOV
2009
Judge

The New Jersey Supreme Court properly interpreted N.J.S. 39:4-97.2 (unsfe driving)

Posted By : Dan Matrafajlo
Comments : 0
As indicated in my prior blog post, N.J.S. 39:4-97.2 permits a person charged with a moving violation (bearing motor vehicle points) to have that moving violation, if recommended by the prosecutor and approved by the Judge, amended to 39:4-97.2 (commonly known as Unsafe Driving)....
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29
OCT
2009

ARE MOTOR VEHICLE POINTS ASSESSED IF YOUR CONVICTED FOR TALKING ON YOUR CELLPHONE WHILE OPERATING A MOTORVEHICLE

Posted By : Dan Matrafajlo
Comments : 0
Recently my clients have been inquiring on whether or not the charge of using a cellphone while operating a motor vehicle carries motor vehicle or insurance eligibility points. My answer is it depends. Let me explain, if you go to court and amend a moving violation to 39:4-97.3...
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