Special Master’s Report on Alcotest Calibration Process Released

On May 4, 2018, the New Jersey State Supreme Court released the Special Master’s report for State v. Cassidy. The Special Master was asked to make findings on whether the failure to test the Alcotest simulator solutions with a thermometer … Read More

Nonimmigrant Visitor Ordered Held Without Bond for DUI Convictions

On February 2, 2018, the Board of Immigration Appeals decided the Matter of Egidijus Siniauskas, 27 I&N Dec. 201 (BIA 2018). In this case, it was ordered that an alien should be detained without bond because of prior DUI convictions. … Read More

Supreme Court Order Regarding Prior DWI Convictions

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 … Read More

Prior DWI Convictions Excluded from Evidence in Death By Auto Case

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), … Read More

Appellate Division Reverses DWI Conviction on Speedy Trial Grounds

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 … Read More

Legalized Marijuana and Car Accidents

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 … Read More

NJ Supreme Court Decides State v. Robertson

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 … Read More

DWI and Minor in the Vehicle

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 … Read More

Increased DWI / DUI Holiday Patrols

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 … Read More

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