United States Supreme Court – Missouri v. McNeely

Most New Jersey DWI law comes from Appellate Division decisions, sometimes from our Supreme Court. Rarely do they come from the United States Supreme Court. Missouri v. McNeely, which was recently argued before the United States Supreme Court, is an exception to this generalization. In this case, a blood sample was taken from a defendant […]

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Thoughts on a new way to Deal with DWI and Alcoholism

Prohibitions and Interlock Devices March 26, 2013 — The State of New Mexico is considering a new way to deal with DWI as well as alcoholism in their state. Their State Legislature is considering legislation which would prohibit the sale of alcoholic beverage to individuals who have been convicted of DWI and required to install […]

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DWI Issue Panel

February 2012 — A number of DWI issues were discussed by the panel. Peter Lederman’s presentation topics wereSuppression Motions and Field Sobriety Testing. These two issues are critical in DWI prosecutions. Suppression Motions require that the court determine whether the investigating police officers have met Constitutional standards while conducting their investigation. The three specific Constitutional […]

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Crawford v. Washington

Lawyer Resources An important line of New Jersey cases has also arisen as a result of the United State Supreme Court decision in a matter entitled Crawford v. Washington. The Crawford case requires the State of New Jersey to produce witnesses to prove “testimonial” aspects of criminal prosecutions, so that a Defendant’s sixth Amendment right […]

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Standard of Proof on Refusals Changed by the Supreme Court

While the Supreme Court implemented its amendment to the Guidelines for Operation of Plea Bargains in Municipal Courts, the Court made it more difficult for Prosecutors to prove the charge of refusing to submit a breath sample, in holding that the highest standard of proof, applied in criminal cases  had to be applied. In the […]

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