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

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

Appellate Division: No Presumption Against PTI for Indictable Driving While Suspended

On September 20, 2016, the New Jersey Appellate Division decided State v. Rizzitello (A-0536-15T2). In this case, the defendant was charged with the indictable offense of driving while suspended due to a DWI under N.J.S.A. 2C:40-26(b), which is a fourth … Read More

US Supreme Court: Evidence Found After Illegal Stop is Admissible

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On June 20, 2016, the United States Supreme Court decided Utah v. Strieff. In this case, Officer Fackrell was conducting surveillance on a home looking for drug activity. He observed the defendant Edward Strieff leave the home and stopped him … Read More

No DWI Jury Trials in New Jersey

On May 12, 2016, the New Jersey Supreme Court decided State v. Denelsbeck (A-42-14). In this case, the defendant was facing a fourth conviction for DWI. He argued that due to the jail term of 6 months plus the additional … Read More

Driving While Suspended and Out of State DWI Convictions

On April 27, 2016, the Appellate Division of New Jersey decided State v. Robert Luzhak (Docket No. A-2445-14T3). In this case, the defendant had a prior DWI conviction in Maryland and another in New Jersey. He was charged with the … Read More

Appellate Division Rules Police Station Video is Discoverable

On May 2, 2016, the Appellate Division of New Jersey decided State v. Miraj Patel (Docket No. A-1683-14T3). In this case, the defendant was charged with DWI (39:4-50) and his attorney requested a copy of the video from the police … Read More

Remand for Denial of PTI for Indictable Driving While Suspended

On March 29, 2016, the Appellate Division of New Jersey decided State v. Viarengo (Docket No. A-2004-14T4). In this case, the defendant was charged with the indictable offense of driving while suspended (N.J.S.A. 2C:40-26b). The defendant was charged with 2C:40-26b … Read More

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