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Monthly Archives: January 2011

NEW JERSEY PROBABLE CAUSE TO STOP MOTORIST REVIEWED

In New Jersey a valid motor vehicle stop requires the following showing by the State:In Deleware v. Prouse, the United States Supreme Court ruled that police must have at least an articulable and reasonable suspicion that a violation of the … Continue reading

NJ -REFUSING TO SUBMIT TO BREATH TEST IS NOT CONSIDERED A DWI

In a recent New Jersey Supreme Court opinion, the supreme Court rightfully held that a defendant’s conviction for refusing to submit to a Breathalyzer test is not a “prior conviction” for purposes of determining the sentence for a subsequent driving-while-intoxicated … Continue reading

ADDITIONAL DISCOVERY MATERIAL PROVIDED TO DWI DEFENDANTS

In State v. Maricic the New Jersey Appellate Division (unpublished decision) held that a defendant charged with DWI has the right to obtain, as part of discovery demands, a copy the repair logs and date download stored on the Alcotest … Continue reading

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