Jersey DWI & Criminal Defense Law Blog : New Jersey Criminal Lawyer & Attorney : Thomas Martin Law Firm : DUI/DWI, Drug Possession, Felony : Freehold, Monmouth County, New Jersey

Previously, in a DWI case involving the Alcotest machine, the police officer-Alcotest operator had to observe the arrestee for twenty minutes prior to administering the DWI breath test to the accused. The reason was to make sure that the arrestee didn't burp up any mouth alcohol or have any foreign substances in their mouth which would falsely elevate their DWI reading and lead to a false conviction.

• Email This
• Print
• Comments
• Trackbacks

January 7, 2010 - Today, the Superior Court of NJ, Appellate Division, ruled that a prior conviction for refusing to submit to a breath test or Alcotest (N.J.S.A. 39:4-50.2) , can enhance a current DWI (N.J.S.A. 39:4-50) for sentencing purposes. To clarify this point, the defendant in State v. Ciancaglini, had a 1979 DWI conviction, a 2006 Refusal Conviction and a current 2008 DWI charge. The defendant's position was that she should be treated as a first offender since her only prior DWI conviction was over 10-years old and that a prior refusal never enhanced a DWI sentence. The Appellate Division held that the defendant must be treated otherwise. They treated her as a third offender based upon as the refusal conviction being regarded as a DWI conviction for sentencing purposes.

• Email This
• Print
• Comments (1)
• Trackbacks

12/14/09--In State v. Tsetsekas, the Appellate Court held that a DWI trial delay of 344 days constituted a failure to provide a speedy trial to the defendant and warranted a dismissal of the DWI charge. The speedy trial violation resulted because of numerous and unnecessary Court appearances by defense counsel--partially caused by the town prosecutor being unprepared  several times and numerous failures to appear by the State Police witnesses. In this DWI case, the defense appeared seven to ten times at court and the DWI case was continually delayed because evidence wasn't turned over to the defendant or the State Police  failed to appear in Court.
 

This case is a refreshing change for DWI attorneys such as myself who are continuously pressed by Courts to resolve our DWI cases in the sixty days preferenced by the Administrative Office of the Courts. It should be noted that it is still a tough hill to climb to succeed in a speedy trial context, but it can be done where the prior appearances and reasons for the Court postponements are documented.

www.jerseycriminallawyer.com

• Email This
• Print
• Comments (1)
• Trackbacks

November 10, 2009-Today, our Supreme Court held that the statute NJSA 39:4-97.2 (the "no point" ticket) permits a motor vehicle operator to avoid points on his or her third or subsequent offense, if five years have elapsed since the prior offense.

• Email This
• Print
• Comments
• Trackbacks

October 23, 2009- Monmouth County drivers need to be alert that a task force from Monmouth County will be performing a DWI roadblock in Manalapan and a DWI checkpoint (checkpoint & roadblock are used interchangeably) in Union Beach  this weekend to procure whether drivers are operating under the influence of drugs and/or alcohol. Those suspected of intoxication or being under the influence, will be arrested for DWI.

The checkpoint in Manalapan will be in effect from11:00 p.m. tonight to 3:00 a.m. Saturday on Route 9 in Manalapan. The police will be looking to arrest violators and charge them with a Manalapan DWI. They will direct vehicles from the southern lanes into the Sun Bank parking lot to determine drivers' sobriety.The second checkpoint will be in effect from 11:00 p.m. Saturday until 3:00 a.m. Sunday on Route 36 in Union Beach. All accused will be charged with a Union Beach DWI. They will order vehicles from the western lanes into the Holy Family Church parking lot to check sobriety.
 

If you are charged with a Manalapan DWI or Union Beach DWI and have to appear in the Manalapan Municipal Court or the Union Beach Municipal Court, please feel free to contact my law office to answer your questions on this specialized area in the law. As a Manalapan DWI lawyer and Union Beach DWI lawyer I can alleviate your fears and answer your questions.

• Email This
• Print
• Comments
• Trackbacks

The governor has signed into law a change to the underage drinking law codified under  NJSA 2C:33-15. The new change to the underage drinking law will provide statutory immunity to certain underage persons who drink alcohol while under the legal age. NJSA 2C:33-15 typically, prohibits either the drinking or possession of  alcohol by a person under the age of 21. The offense is a disorderly persons' offense and requires a minimum fine of $500.A conviction also mandates a six-month suspension of driving privileges when the offense arose in a vehicle. Under the amendment, immunity will apply if:

 

• Email This
• Print
• Comments
• Trackbacks

On July 31, 2009, the Appellate Division in State v. Barrow, held that an ornamental pair of small boxing gloves, hanging from the defendant’s rear-view mirror gave a police officer the necessary  reasonable and articulable suspicion to perform a motor vehicle stop of the defendant’s car. The stop of the defendant’s motor vehicle led to an arrest for possession controlled dangerous substances.

The New Jersey Statute, codified as N.J.S.A. 39:3-74, reads“[N]o person shall drive any vehicle so constructed, equipped or loaded as to unduly interfere with the driver's vision to the front and to the sides.” 

• Email This
• Print
• Comments
• Trackbacks

In State v. Nunez-Valdes, the Supreme Court of New Jersey recently permitted a convicted defendant to withdraw his guilty plea because he had not been properly advised of the immigration consequences of his plea to a crime. As an attorney representing any defendant, this opinion serves as a "wake up call" of the importance of advising your non-citizen clients of the immigration consequences of convictions. One's failure to do so can result in a legal malpractice case against you and a Post Conviction Relief Motion claiming that (you) were ineffective in your assistance of counsel.

• Email This
• Print
• Comments (1)
• Trackbacks

SEA BRIGHT — A joint task force made up of members from the Monmouth County DWI Task Force and Sea Bright Police Department will conduct a roadblock this weekend to detect drivers under the influence of alcohol and/or drugs. If arrested for driving while intoxicated, you can be charged with N.J.S.A. 39:4-50 (DWI), N.J.S.A. 2C:35-10 (possession of a cds) and/or N.J.S.A. 39:4-49.1 (possession of cds by the operator of a motor vehicle).

• Email This
• Print
• Comments
• Trackbacks