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 […]
Category Archives: News
Recent, trending news about New Jersey DWI laws, Municipal Courts, and the law firm of Davison, Eastman, Muñoz, Lederman & Paone.
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 […]
NJ Supreme Court Considers Use of Breath Test Machine as Evidence
New Jersey Supreme Court considers whether new breath test machine can be used as evidence in DWI prosecutions.
DWI Law Change: Commercial Drivers License
Legislature expands commercial driver’s license (CDL) suspensions upon DWI convictions for operation of personal vehicles.
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, […]
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 […]