US Supreme Court: Warrantless Breath Tests are Permissible

posted in: DWI DUI Blog | 0

On June 20, 2016, the United States Supreme Court decided Birchfield v. North Dakota. This case dealt with the refusal offense and if states are allowed to criminally punish defendants for refusing to take a blood alcohol test pursuant to … Continued

Appellate Division Rules Police Station Video is Discoverable

posted in: DWI DUI Blog | 0

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

NJ Supreme Court Upholds Search and Overturns Pena-Flores

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On September 24, 2015, the New Jersey Supreme Court issued a ruling in State v. Witt which overturned the Court’s previous ruling in State v. Pena-Flores regarding police searches of automobiles. In State v. Pena-Flores, the defendant was placed under … Continued