Appellate Division Reverses DWI Conviction on Speedy Trial Grounds

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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 … Continued

DWI and Minor in the Vehicle

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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 … Continued

Increased DWI / DUI Holiday Patrols

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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 … 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

Jason T. Komninos Appointed to NCDD Amicus Committee

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Attorney Jason T. Komninos is proud to announce that he has been appointed to serve on the National College for DUI Defense Amicus Committee. The Amicus Committee regularly drafts amicus briefs for DWI/DUI appeals. NCDD briefs have been filed in … Continued

US Supreme Court: Warrantless Breath Tests are Permissible

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On June 20, 2016, the United States Supreme Court decided Birchfield v. North Dakota. This case dealt with the refusal offense and if states are allowed to criminally punish defendants for refusing to take a blood alcohol test pursuant 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

What is a “Lower Tier” DWI?

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If you have been charged with DWI in New Jersey, you may have heard of something called a “lower tier” while researching your options. This term refers to the different tiers of penalties in New Jersey for a first offense … Continued

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