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

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

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

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

DWI and Minor in the Vehicle

In addition to the DWI Statute (N.J.S.A. 39:4-50), there are two additional statutes that may apply if you are accused of driving while intoxicated while a minor is in your vehicle. N.J.S.A .39:4-50.15 applies when a passenger who is 17 … Read More

Increased DWI / DUI Holiday Patrols

Various news outlets are reporting that there will be an increase in DWI/DUI enforcement during the holiday season. For example, NorthJersey.com is reporting that the Florham Park Police Department is just one of the law enforcement agencies that is increasing … 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

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