Thinking About Hiring a “Former Prosecutor?” Think again!

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Many people think they have to hire a “former prosecutor” to get a good result in their case. They couldn’t be more wrong. I have heard from several people that they were disappointed by the “former prosecutor” turned defense attorney … Continued

DWI and Child Endangerment in New Jersey

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In New Jersey, if you are charged with DWI and a child is present in the car, you could also be charged with endangering the welfare of a child under 2C:24-4. DWI and child endangerment charges are both very serious. … 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

What is the Twenty Minute Observation Period?

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Many people who have been charged with DWI ask about the twenty minute observation period. They have heard that the Alcotest operator must give the arrestee a twenty minute period before his or her breath is tested. This requirement comes … Continued

What is New Jersey’s Implied Consent Law?

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Many people make the mistake of thinking that they have a Fourth Amendment right against providing breath samples if arrested for DWI. In New Jersey, this is simply not true. New Jersey has something called the implied consent law. 39:4-50.2(a) … Continued

Secaucus New Jersey to Increase DWI Enforcement

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At a recent town council meeting, Councilman Gary Jeffas announced that the town of Secaucus will be increasing its DWI enforcement this summer. Many drivers will find themselves accused of DWI during the summer, since they might be driving home … Continued

New Jersey Supreme Court Decides State v. Kuropchak

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The New Jersey Supreme Court handed down a unanimous decision in State v. Julie Kuropchak on April 28, 2015. In this case, the defendant was convicted of DWI after a trial in the Garfield Municipal Court. However, the prosecutor did not … Continued

Governor Conditionally Vetoes DWI Interlock Bill

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Many people having been talking about the pending legislation that would have allowed many first time DWI offenders to install the Interlock device in their car in lieu of a lengthy period of license suspension. I personally believe that the … Continued

Fort Lee New Jersey Underage DWI

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Today I appeared in the Fort Lee Municipal Court for a client who was charged with Underage DWI (39:4-50.14) and DWI with a BAC of .18 (39:4-50). He was facing a license suspension of 3 months for the Underage DWI … Continued

Appellate Division of New Jersey Clarifies 2C:40-26

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The Appellate Division of New Jersey ruled on State v. Perry on March 3, 2015. The Court ruled that 2C:40-26 does not apply to defendants who have served a period of license suspension for DWI, but have not yet restored … Continued

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