Appellate Division Reverses DWI Conviction on Speedy Trial Grounds

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On June 27, 2017, the Appellate Division of New Jersey reversed a DWI conviction on speedy trial grounds due to an excessive delay in the case. In State v. Petruzziello, Docket No. A-2462-15T1 (June 27, 2017), the defendant’s case was … Continued

NJ Supreme Court Decides State v. Robertson

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On March 8, 2017, the New Jersey Supreme Court decided the case of State v. Robertson (A-58-14). In this case, the Court determined the legal principles that should apply when a defendant convicted of DWI seeks a stay of his … Continued

Driving While Suspended and Out of State DWI Convictions

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On April 27, 2016, the Appellate Division of New Jersey decided State v. Robert Luzhak (Docket No. A-2445-14T3). In this case, the defendant had a prior DWI conviction in Maryland and another in New Jersey. He was charged with the … Continued

Appellate Division Rules Police Station Video is Discoverable

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On May 2, 2016, the Appellate Division of New Jersey decided State v. Miraj Patel (Docket No. A-1683-14T3). In this case, the defendant was charged with DWI (39:4-50) and his attorney requested a copy of the video from the police … Continued

Remand for Denial of PTI for Indictable Driving While Suspended

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On March 29, 2016, the Appellate Division of New Jersey decided State v. Viarengo (Docket No. A-2004-14T4). In this case, the defendant was charged with the indictable offense of driving while suspended (N.J.S.A. 2C:40-26b). The defendant was charged with 2C:40-26b … Continued

Appellate Division Upholds Refusal Statement

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On January 27, 2016, the Appellate Division of New Jersey decided State v. Quintero. In this case, the defendant pled guilty to driving while intoxicated (N.J.S.A. 39:4-50) and refusal to submit to a breath test (N.J.S.A. 39:4-50.4a). Her attorney, Greggory … Continued

Appellate Division Remands PCR Appeal for Evidentiary Hearing

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On November 30, 2015, the Appellate Division of New Jersey decided the case of State v. Lepianka. Mr. Lepianka was indicted for two counts of third-degree distribution of heroin, one count of third-degree possession of ecstasy with intent to distribute, … Continued

Appellate Division Upholds Denial of Motion to Suppress

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On October 14, 2015, the Appellate Division of New Jersey decided the case of State v. Beerle. This case involved a traffic stop that resulted in the defendant being charged with possession of heroin under N.J.S.A. 2C:35-10(a)(1). The defendant argued … Continued

Appellate Division Vacates Rejection of Pre-Trial Intervention

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On September 20, 2012, pursuant to a negotiated plea agreement, defendant Eager pleaded guilty to one count of fourth-degree possession of marijuana. The prosecutor withheld consent for Pre-Trial Intervention (PTI) on several grounds: (1) the nature of the offenses; (2) … Continued

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