Bail Jumping, N.J.S.A. 2c:29-7

Police in Hoboken, New Jersey, charged two suspects with bail jumping and other offenses, per nj dot com. It all began when the cops went looking for a suspect with warrants at a public housing building. During the investigation, the cops searched the grounds of the residential facility in Hudson County. Eventually, the cops saw the suspect open an apartment door on the fifth floor after a visitor knocked. Therefore, the cops approached. But the suspect allegedly tried to prevent them from entering. Consequently, the cops forcibly entered the unit. In addition to filing charges against the original suspect and the visitor for bail jumping, the cops also pressed charges for heroin possession and cocaine possession. Read More

Reckless Driving, N.J.S.A. 39:4-96

Secaucus police recently charged three motorists with Reckless Driving, DWI, and other offenses, per nj dot com. Indeed, one motorist was allegedly involved in a crash in the early morning hours on February 4, per Police Captain Dennis Miller. (Yes, apparently that is his name. And since he wears a badge and carries a gun, he is presumably the only one who gets to joke about it–except, of course, for Mrs. Miller.) Consequently, the cops charged him with Reckless Driving, DWI, and other offenses. Additionally, a second motorist was allegedly involved in a crash in Secaucus on January 28, per Miller. Therefore, the police charged the second motorist with Reckless Driving and DWI. Read More

Alcotest 7110, Foundational Documents

Police from three Gloucester County towns investigated a single-vehicle crash with a utility pole on August 26, 2017.

News reports indicate the cops determined the driver was under the influence of alcohol. But the media did not report about the Standardized Field Sobriety Tests.

Nevertheless, the cops arrested the driver and took breath samples with an Alcotest.

Afterwards, the police charged the driver with Driving While Intoxicated¹ and other traffic offenses. Read more

Expungement Is Not For Everyone under N.J.S.A. 2c:52-1

Recently I blogged about the meaning of expungement under N.J.S.A. 2c:52-1. And I already know—everyone wants an expungement. Contrary to what you might have heard, however, freedom is not just another word for nothin’ left to lose. And if feelin’ good is good enough for you, then you really need to pay attention to this: under New Jersey law, expungement is not for everyone.

Until you figure out that freedom is responsibility, society will not accept you. Additionally, if you do not care, then do not whine about wanting an expungement. But if you do care, then there might be hope for you because this is not my lone opinion. Furthermore, when you accept responsibility for your past as well as your future, then society might accept you. Read more

What is Expungement under N.J.S.A. 2c:52-1?

Recently Governor Christie announced his intention to reform New Jersey’s expungement statute. Indeed, the timing of this announcement seems striking. During an extended hiatus from the Garden State—which included a failed campaign for the U.S. Presidency, and a failed bid for a Trump administration job—the litigation involving Christie’s Bridgegate scandal ended with convictions for Bridget Kelly and William E. Baroni Jr. Interestingly, just a few weeks before their sentencing, Governor Christie announced he wants to reform the expungement laws to give former prison inmates a better opportunity at finding a job. Talk about things that make ya go hmmmm… Read more

New Jersey’s Implied Consent Statute, N.J.S.A. 39:4-50.2

Previously I blogged about Refusal to Submit to Breath Test with respect to New Jersey’s drunk driving statute. Today I stumbled upon an infographic, however, purporting to explain individual rights. Indeed, this document included decorative colors, impressive photography, and concise language. Of course, this begs the question: why do these features persuade a person to want to believe what the document says? Nevertheless, some of the points appeared to be legally correct. But with respect to whether one must submit to a breath test, this infographic declared—in all caps, no less—you have the right to refuse. Though possibly true where the creator of this infographic lives, this directly contradicts New Jersey’s Implied Consent statute.¹ Read more

Standardized Field Sobriety Tests

New Jersey’s drunk driving statute imposes penalties on a person who operates a motor vehicle while under the influence of intoxicating liquor, narcotic, hallucinogenic or habit-producing drug…¹ Previously I blogged about the definition of operation and cases to illustrate the meaning of operation under this statute. Additionally, I blogged about the definition of motor vehicle, and the meaning of under the influence by the DUI statute. Of course, every defendant has to right to insist the State prove these elements beyond a reasonable doubt. Thus, with respect to being under the influence, the State shoulders the burden of proving a substantial deterioration or diminution of the mental faculties or physical capabilities of the defendant. Consequently, the State will include the Standardized Field Sobriety Test results among the evidence for its case in chief unless an exclusionary rule applies. Read more

Who decides whether to plead guilty or go to trial?

The nerve! A man accused of a four-month crime spree that included two killings and several armed robberies turned down the State’s final plea offer this week. The crime spree allegedly began July 2014 and lasted until October. Additionally, the evidence against him will allegedly include DNA found on the defendant’s sweatshirt at the scene, text messages between the defendant and his girlfriend, and the testimony of several witnesses.

Therefore, the State had offered a 60-year prison sentence. Since the defendant rejected this offer, however, he will go to trial in June and possibly get a life sentence. But really, what is the difference between the State’s offer and the possibility of life imprisonment? Read more

Under The Influence and New Jersey’s DWI Statute

New Jersey’s Driving While Intoxicated statute imposes penalties on a person who operates a motor vehicle while under the influence of intoxicating liquor, narcotic, hallucinogenic or habit-producing drug…¹ Previously I blogged about the the meaning of the elements motor vehicle and operation. Many examples fall within the definition of motor vehicle. Additionally, many circumstances fall within the broad definition of operation. Similar to operation, the New Jersey legislature did not define under the influence of intoxicating liquor, narcotic, hallucinogenic, or habit-producing drug in the Motor Code. Instead, the judiciary has developed the definition through case law. This post will take up the meaning of these elements. Read more

Motor Vehicle Operation by New Jersey’s DWI Statute

Motor Vehicle Operation, New Jersey Motor Vehicle Code, New Jersey, Driving While Intoxicated, DWI, Driving Under the Influence, DUI, drunk driving, Atlantic County, Bergen County, Burlington County, Camden County, Cape May County, Cumberland County, Essex County, Gloucester County, Hudson County, Hunterdon County, Mercer County, Middlesex County, Monmouth County, Morris County, Ocean County, Passaic County, Salem County, Somerset County, Sussex County, Union County, Warren County, criminal defense, traffic ticket, juvenile, attorney, lawyer

Previously I blogged about motor vehicle operation under the New Jersey drunk driving statute. Understandably, people generally assume drunk driving requires proof that the defendant drove. Despite its title, however, the DWI statute does not prohibit driving. Instead, it prohibits motor vehicle operation, which is significantly broader than driving. Indeed, the broad interpretation and application of operation by New Jersey courts complements the State’s legislative policy prohibiting this conduct by intoxicated people.¹ But it also yields results that must seem absurd, or at the very least unreasonable, to the ordinary person. While any defense should analyze the issue of operation, a person facing charges in New Jersey for DUI will almost certainly need a defense that negates or undercuts other aspects of the State’s case, too. A review of the operation cases illustrates why this is so. Read more

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