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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Proposed NJ DWI Legislation

In 2007 two bills considered by the Committee, would hopefully improve the condition of Driving While Intoxicated law. Firstly, the Committee considered a bill which would require clarification of the statement which must be read to defendants before they are asked to submit to the breath test. This statement, commonly referred to as Paragraph 36, […]

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Supreme Court Changes Plea Bargaining Rules

On July 1, 2005, amendments to guidelines for Operation of Plea Agreements in Municipal Courts in New Jersey were amended by the New Jersey Supreme Court. The most significant change prohibited prosecutors from plea bargaining refusal cases where the Defendant has been charged with DWI and Refusal, where these offenses are first offenses. While plea […]

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