Legalized Marijuana and Car Accidents

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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 … Continued

NJ Supreme Court Decides State v. Robertson

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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 … Continued

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

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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 … Continued

Appellate Division: Remand for State’s Failure to Preserve Video

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On May 2, 2016, the Appellate Division of New Jersey decided State v. Miraj Patel. Defendant Patel was stopped for speeding and was subsequently arrested for driving while intoxicated. At the trial level, Patel contested the arrest and moved to … Continued

No DWI Jury Trials in New Jersey

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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 … Continued

Driving While Suspended and Out of State DWI Convictions

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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 … Continued

Appellate Division Rules Police Station Video is Discoverable

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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 … Continued

Remand for Denial of PTI for Indictable Driving While Suspended

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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 … Continued

Appellate Division Upholds Refusal Statement

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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 … Continued