Breath Test Excluded in Hackensack DWI

On December 6, 2019, I appeared for trial in the Hackensack City Municipal Court for a client who was charged with DWI (N.J.S.A. 39:4-50) with an alleged BAC of 0.17 and careless driving (N.J.S.A. 39:4-97). This meant that she was … Read More

New DWI Penalties Effective December 1, 2019

On December 1, 2019, new penalties for drunk driving go into effect in New Jersey. This new law changes many of the license suspension and the ignition interlock device penalties. Most importantly, a first-time offender faces a different length of … Read More

US Supreme Court Remands DRE Case to Special Master

On November 18, 2019, the New Jersey Supreme Court issued a ruling in the case of New Jersey v. Michael Olenowski. The ruling remands the matter to a Special Master to determine whether Drug Recognition Expert (DRE) evidence is generally … Read More

US Supreme Court Rules on Warrantless Blood Tests

On June 27, 2019, the United States Supreme Court decided Mitchell v. Wisconsin. In this case, the defendant was arrested for operating a vehicle while intoxicated but was unable to give a breath test at the police station due to … Read More

No Night or Weekend Jail for NJSA 2C:40-26

On May 21, 2019, the New Jersey Supreme Court decided State v. Rene M. Rodriguez (A-80-17) (081046). The Court was asked to determine whether defendants convicted of the fourth-degree crime of operation of a motor vehicle during a period of … Read More

Refusal to Consent to a Breath Test NJSA 39:4-50.2 & NJSA 39:4-50.2

In New Jersey, the penalties for Refusal to Consent to a Breath Test are serious. In addition to any DWI penalties you may be facing, you could also face a 7 month loss of license plus the mandatory requirement of … Read More

NJ Supreme Court Prohibits Use of Priors DWI Convictions in Death By Auto Case

On November 28, 2018, the NJ Supreme Court decided State v. Carlos B. Green (A-39-17). In this case, the defendant was indicted for first-degree vehicular homicide while intoxicated and within 1,000 feet of a school under N.J.S.A. 2C:11-5(b)(3)(a). The defendant … Read More

NJ Supreme Court Decides State v. Cassidy

On November 13, 2018, the New Jersey Supreme Court decided State v. Eileen Cassidy (A-58-16). This case arose out of the allegation that a State Police breath test coordinator failed to use a thermometer traceable to the National Institute of … Read More

Breath Test Excluded in Elmwood Park DWI

On August 28, 2018, I appeared in the Elmwood Park Municipal Court for a client who was charged with DWI (39:4-50) with an alleged BAC of 0.13 and other traffic violations. This meant that he was facing a license suspension … Read More

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