Supreme Court Order Regarding Prior DWI Convictions

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On November 28, 2017, the Supreme Court of New Jersey issued an order regarding DWI cases in which the defendant had a prior DWI offense which would enhance the defendant’s punishment in the current case. The Supreme Court ordered that … Continued

Prior DWI Convictions Excluded from Evidence in Death By Auto Case

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On October 20, 2017, the Appellate Division of New Jersey ruled that a defendant’s prior DWI convictions cannot be used to prove recklessness in a death by auto case. In State v. Carlos Green, Docket No. A-1809-16T1 (October 20, 2017), … Continued

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

DWI and Minor in the Vehicle

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In addition to the DWI Statute (N.J.S.A. 39:4-50), there are two additional statutes that may apply if you are accused of driving while intoxicated while a minor is in your vehicle. N.J.S.A .39:4-50.15 applies when a passenger who is 17 … Continued

Increased DWI / DUI Holiday Patrols

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Various news outlets are reporting that there will be an increase in DWI/DUI enforcement during the holiday season. For example, NorthJersey.com is reporting that the Florham Park Police Department is just one of the law enforcement agencies that is increasing … 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

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

Jason T. Komninos Appointed to NCDD Amicus Committee

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Attorney Jason T. Komninos is proud to announce that he has been appointed to serve on the National College for DUI Defense Amicus Committee. The Amicus Committee regularly drafts amicus briefs for DWI/DUI appeals. NCDD briefs have been filed in … Continued

US Supreme Court: Warrantless Breath Tests are Permissible

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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