IN NEW JERSEY DELAYING A DWI TRIAL FOR 344 DAYS REQUIRES DISMISSAL OF THE DWI
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 conviction; delay was more than five times the stated objective, delays were […]
PRIOR GUILTY PLEA TO NJ DWI REFUSAL TO TAKE A BREATHE TEST WILL BE TREATED AS A PRIOR DWI CONVICTION FOR SENTENCING PURPOSES
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 Court’s decision treats defendants that previously pled guilty to refusing to take a […]
AN ENCOUNTER WITH A HOOKER CREATES A DATING RELATIONSHIP TRIGGERING THE NJ DOMESTIVE VIOLENCE ACT
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 in J.S. v. J.F. gave broad interpretation to the […]
NEW JERSEY MUNICIPAL COURTS RESOLVE DWI CASES IN 60 DAYS!
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, the DWI defendant is required to […]
The New Jersey Supreme Court properly interpreted N.J.S. 39:4-97.2 (unsfe driving)
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). Unsafe Driving is a zero motor vehicle and/or insurance eligibility point […]
ARE MOTOR VEHICLE POINTS ASSESSED IF YOUR CONVICTED FOR TALKING ON YOUR CELLPHONE WHILE OPERATING A MOTORVEHICLE
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 (the cellphone charge) then you may be […]