NJ DWI prosecutions are about to change significantly. Due to litigation in a case that I filed in front of the New Jersey Supreme Court, State v. Chun, the state has acknowledged that the Alcotest test machine is being scrapped in New Jersey. Five years ago, in March 2008, the…
In a New Jersey DWI case, the prosecutor must prove the basic elements of the offense. The simplest of those elements is whether the individual arrested actually operated the motor vehicle. Often, New Jersey DWI arrests are made as a result of tip call, or someone calling into the police…
As a New Jersey DWI lawyer that only practices DWI law and nothing else, the first question I am often asked is, “What is your fee?” I don’t like that question, because it doesn’t take into account the reality of why a person is searching for a lawyer to defend…
As a New Jersey DWI lawyer who vigorously fights for my clients, I am honored to have been selected to Best Lawyers in America® for the fifth consecutive year. Today, I received the following email from Steve Naifeh, President of Best Lawyers: “Congratulations on having been selected by your peers…
The most important case in New Jersey DWI history is State v. Chun, decided in 2008, which set the standards for DWI defense and prosecution for breath testing cases statewide. Despite significant evidence to the contrary, the New Jersey Supreme Court in Chun determined that the new Draeger Alcotest 7110…
A New Jersey DWI stop, arrest or conviction for an an illegal immigrant involves special and significant concerns. The immigrant has no driver’s license or other documents to establish the privilege to drive or to be in this country, and the arrest and conviction may result in his or her…
Police departments in many towns in New Jersey are now utilizing portable hand held breath testing devices known as preliminary breath testers, or PBT’s. A PBT can either report an actual breath test result in numerical format such as 0.08% breath alcohol, or it can simply show a positive or…
As a New Jersey DWI defense attorney, I always review my client’s prior convictions to determine which, if any, can be overturned or to determine if the effect of the conviction can be minimized for sentencing issues in the current pending case. I have written in this blog quite a…
There are still significant opportunities to defend New Jersey DWI Refusal charges after the New Jersey Supreme Court’s decision in State v. Schmidt on May 26, 2011. The most important thing to remember when addressing the defense of a refusal charge is, never assume that simply being charged with a…
Until May 26, 2011, there was a defense to a refusal charge that you had attempted to blow into the machine, but the machine did not register or accept the breath sample. However, this is no longer a defense. This is how the defense worked: Implied consent warnings are eleven…