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

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

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