NJ Supreme Court Decides State v. Robertson

posted in: DWI DUI Blog | 0

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

Alleged Record Tampering in NJ DWI Cases

posted in: DWI DUI Blog | 0

On September 19, 2016, NJ.com reported that a New Jersey State Police sergeant has been charged with the third degree crime of tampering with public records and the fourth degree crime of falsifying or tampering with records. Sergeant Marc Dennis … Continued

No DWI Jury Trials in New Jersey

posted in: DWI DUI Blog | 0

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

Appellate Division Upholds Refusal Statement

posted in: DWI DUI Blog | 0

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

Appellate Division Vacates Rejection of Pre-Trial Intervention

posted in: Blog | 0

On September 20, 2012, pursuant to a negotiated plea agreement, defendant Eager pleaded guilty to one count of fourth-degree possession of marijuana. The prosecutor withheld consent for Pre-Trial Intervention (PTI) on several grounds: (1) the nature of the offenses; (2) … Continued

NJ Supreme Court Upholds Search and Overturns Pena-Flores

posted in: Blog | 0

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

Warrantless Entry Permissible Under Emergency-Aid Doctrine

posted in: Blog | 0

On July 20, 2015, in State v. Reece, the New Jersey Supreme Court ruled that the emergency-aid doctrine justified the officer’s warrantless entry into the defendant’s home. One exception to the warrant requirement set forth by the Fourth Amendment of … Continued

What is the Twenty Minute Observation Period?

posted in: Blog | 0

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

1 2