Municipal Court and DWI

Not So friendly Canine Sniffs legalized in New Jersey

The internet has provided everyday people vast knowledge in countless areas. Search and seizures is an area many people read about, artists sing about and others concentrate their legal practice.  The search of a motor vehicles interior, trunk compartment and exterior are all the subject of numerous court decisions.  A law enforcement officer must have reasonable suspicion of a criminal…
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Numerous New Jersey DWI offenses/convictions may be challenged in court

As reported by NJ.com: A New Jersey State Police sergeant has been charged with records tampering for allegedly skipping a required step in the calibration of alcohol breath-testing devices, documents show. The disclosure could open up more than 20,000 DWI cases to court challenges, according to a copy of a letter sent to court administrators and obtained by NJ Advance…
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NEW JERSEY EASING EXPUNGEMENT MEASURES

Whether we admit it or not, at some point in time we have all had a run-in with the law. It may have been something as simple as a speeding ticket or as complex as possession of marijuana. As time passes and we begin to apply for jobs, many people question if they need to advise these potential employers about…
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NJ Lawmakers OK Expanded Use of Ignition Interlock Devices

On February 5th the New Jersey Senate gave final legislative approval to a bill that would give some convicted drunken drivers the option of having ignition interlock devices installed in their cars as an alternative to license revocation. State law now requires installation of the devices for repeat offenders and first-time offenders with a BAC (Blood Alcohol Concentration) of .15…
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NO LIMIT IN NJ DWI SENTENCING ‘STEP-DOWN’

The New Jersey Supreme Court has ruled that drunken drivers convicted of multiple offenses may use a ‘step-down’ provision in the state’s drunken driving statute more than once, provided that at least 10 years have elapsed between the most recent offense and the prior one. The current New Jersey drunk driving statute [N.J.S.A. 39:40-50] states in part that if a…
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COURT WEIGHS APPLYING DWI WARRANT RULE RETROACTIVELY

The New Jersey Supreme Court is considering whether to retroactively apply a 2013 ruling by the U.S. Supreme Court that said police generally must get a search warrant before obtaining blood samples or demanding urine samples from suspected intoxicated drivers. The Court is set to determine if past police practices in the state, where warrants were rarely obtained, violated a…
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NJ DWI BREATHE-TEST WARNINGS

It has happened to many people; you get pulled over on the parkway, turnpike or some local road and an officer requests that you submit to a breathe-test for a possible DWI. Currently in New Jersey a refusal to submit to a breathe-test can result in a license suspension for not less than seven months or more than one year…
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DWI May Serve as Prior Conviction For Breath Test Refusal Sentencing

The New Jersey Supreme Court Justices, in State v. Frye, refused to overturn the conviction of a motorist who pleaded guilty to refusal and was sentenced with a 10-year license suspension based on two prior DWIs. The Court stated that “If prior DWI convictions were not to enhance subsequent refusal sentences, it would be tactically advantageous for an individual to…
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