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

NJ Supreme Court Vacates Conviction for Obstruction of the Administration of Law

On March 12, 2019, the New Jersey Supreme Court decided State v. Andrew J. Fede (A-53-17) (079997). In this case, the Cliffside Park Police responded to the defendant’s home after receiving a domestic violence call. The defendant had his door … Read More

NJ Supreme Court Rules on Drug Court Expungements

On January 8, 2019, the New Jersey Supreme Court decided In the Matter of the Expungement of the Arrest/Charge Records of T.B. (A-18/19/20-17) (079813). This case involved three individuals who had criminal records and entered the drug court program pursuant … 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

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

Alleged Record Tampering in NJ DWI Cases

On September 19, 2016, NJ.com reported that a New Jersey State Police sergeant has been charged with the third degree crime of tampering with public records and the fourth degree crime of falsifying or tampering with records. Sergeant Marc Dennis … 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

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

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