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

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

What is a “Lower Tier” DWI?

If you have been charged with DWI in New Jersey, you may have heard of something called a “lower tier” while researching your options. This term refers to the different tiers of penalties in New Jersey for a first offense … Read More

Appellate Division Upholds Refusal Statement

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 … Read More

Step Down in Penalties for Refusal Conviction with Prior DWIs

If a defendant is convicted of a second or subsequent DWI conviction 10 years after the prior conviction, he or she is entitled to a “step down” in penalties. This means that the defendant gets sentenced to lesser penalties than … Read More