Legalized Marijuana and Car Accidents

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The Highway Loss Data Institute (HLDI) has reported that car accidents have risen by about 3% in states that have legalized marijuana. The HLDI stated that: “More drivers admit to using marijuana, and it is showing up more frequently among … 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

Appellate Division: No Presumption Against PTI for Indictable Driving While Suspended

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On September 20, 2016, the New Jersey Appellate Division decided State v. Rizzitello (A-0536-15T2). In this case, the defendant was charged with the indictable offense of driving while suspended due to a DWI under N.J.S.A. 2C:40-26(b), which is a fourth … Continued

US Supreme Court: Evidence Found After Illegal Stop is Admissible

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On June 20, 2016, the United States Supreme Court decided Utah v. Strieff. In this case, Officer Fackrell was conducting surveillance on a home looking for drug activity. He observed the defendant Edward Strieff leave the home and stopped him … Continued

No DWI Jury Trials in New Jersey

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On May 12, 2016, the New Jersey Supreme Court decided State v. Denelsbeck (A-42-14). In this case, the defendant was facing a fourth conviction for DWI. He argued that due to the jail term of 6 months plus the additional … 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

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