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IN N.J. COCAINE HANGOVER IS CONSIDERED A DRIVING UNDER THE INFLUENCE IN VIOLATION OF OUR DWI LAWS 27 Apr 2011 | 01:21 pm
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/DUI law, namely: NJSA 39...
NJ DWI STANDARD REFUSAL STATEMENT MUST BE IN NATIVE LANGUAGE 20 Apr 2011 | 04:10 am
State v. Marquez is to be given pipeline retroactivity; therefore, the Spanish-speaking defendant's Breathalyzer refusal conviction is reversed because the standard instructions were not given to him ...
NEW JERSEY APPELATE DIVSION FINDS THAT CONTROL TEST TEMPERTURE PROBE IS GOOD ENOUGH 6 Apr 2011 | 08:40 am
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....
NJ LASER SPEED DETECTOR LTI MARKSMAN 20-20 LASER REVIEW 1 Apr 2011 | 04:24 am
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 ...
NJ LASER CALIBRATION CERTIFICATES AND OFFICER COURSE CARD 25 Mar 2011 | 06:34 am
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 o...
N.J. ALCOTEST BREATHALYZER RESULTS HELD INVALID 25 Feb 2011 | 09:55 am
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 provid...
New Jersey DWI Sentencing akin to the CRIMINAL code? 11 Feb 2011 | 11:07 am
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 s...
IN NEW JERSEY DOUBLE JEOPARDY PROTECTIONS APPLY TO GUILTY PLEAS ENTERED WITHOUT A TRIAL CONVICTION 9 Feb 2011 | 10:49 pm
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 Four...
NEW JERSEY PROBABLE CAUSE TO STOP MOTORIST REVIEWED 23 Jan 2011 | 12:40 pm
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 rea...
NJ -REFUSING TO SUBMIT TO BREATH TEST IS NOT CONSIDERED A DWI 22 Jan 2011 | 07:39 am
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 ...
