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

No Weekend Jail for Third or Subsequent DWI Offenders

On July 13, 2018, the New Jersey Appellate Division decided State v. Pedro C. Anicama. In this case, the defendant pled guilty to a third or subsequent DWI. A conviction for a third or subsequent DWI conviction comes with a … Read More

One Prior DWI and One Prior Refusal Sufficient for N.J.S.A. 2C:40-26

On July 10, 2018, the New Jersey Appellate Division decided State v. James T. Dougherty. In this case, the defendant had a prior conviction for DWI and a separate conviction for refusal to submit to a breath test. The defendant’s … Read More

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

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