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

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

New Amendments to the Expungement Statute

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On April 18, 2016, the new amendments to New Jersey’s expungement statute went into effect. Two of the most notable changes are as follows: NJSA 2C:52-2(a) now allows for the expungement of one indictable offense and up to two disorderly … 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

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