New Jersey Supreme Court Rules Judge Should Be Removed From Case
In a precedent-setting ruling, the state Supreme Court has recused a Morris Township municipal court judge from presiding over a drug case because he is an adversary of the defense attorney.
New Jersey Appeals Ruling: Breathalyzer Refusal Counts For Sentencing
Recently, the New Jersey Appellate Courts ruled on an issue that had long gone the other way. The question raised was whether a prior breath test refusal can be counted as an offense in considering the sentence for a subsequent DWI conviction.
The lower court had not taken into account a prior conviction, as well as, a prior breath test refusal based on a precedent that had been established in New Jersey almost thirty years earlier. Therefore, the lower court sentenced the defendant as a first-time offender and discounted both of the earlier offenses in handing down a sentence.
In a departure from the established New Jersey precedent on the subject, the Appellate Division ruled that the prior breath test refusal should have counted in determining the defendant's sentence under the New Jersey DWI statute. In this case, the defendant who was sentenced as a first-time offender, is now subject to an additional sentence under the statute due to the previous breath test refusal from 2006. Again, this marks a pretty substantial change in New Jersey DWI sentencing.
In a nutshell, the Court concluded that the statute doesn't make an express distinction between a prior DWI conviction and a prior refusal. Therefore, the Court was not willing to "read in" a distinction despite the prior precedent to the contrary. The Court focused on the key language including the terms "violation" and "offense" as opposed to violations under this section, which is not included in the statute.
With this ruling, individuals that are arrested for DWI in New Jersey need to be aware of the potential consequences. Refusal of a breath test may be used to determine which sentencing rule is used in your case. This is yet another example of why talking to a criminal defense lawyer first, is critical to making the right decision.
In New Jersey, drunk driving and refusal carry some of the nation's toughest penalties. If you are convicted, you may lose your license, face stiff penalties and even go to jail. Call a seasoned NJ dui lawyer today. Contact our office online today. Our NJ dui lawyer will do everything he can.
Sane Sentencing in School Zones – Ethiopian Review
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Sane Sentencing in School Zones
Ethiopian Review With a week left in office, outgoing New Jersey Gov. Jon Corzine is leaving behind a string of smart criminal justice reforms. Late, I suppose, is better ... Editorial: One size doesn't fit all | Philadelphia Inquirer | 01/14/2010 |
Dr. Edward Langston on New Jersey Approving Medical Marijuana – Vitals Spotlight
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Dr. Edward Langston on New Jersey Approving Medical Marijuana
Vitals Spotlight It means I am no longer a criminal in the state of New Jersey. This bill allows patients suffering from severe illnesses such as cancer, AIDS, Lou Gehrig's ... |
New Jersey Mom Says Son, 8, on US Terror Watch List – FOXNews
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New Jersey Mom Says Son, 8, on US Terror Watch List
FOXNews A New Jersey mother said her 8-year-old son faces extra scrutiny from TSA agents when he flies because his name appears on a "selectee" list, The New York ... Meet Mikey, 8: US Has Him on Watch List Eight-Year-Old on TSA Terrorist Watchlist Gets Frisked 8-Year-Old Boy Can't Get Name Off Airport Security Watch List |
Celtics shred Nets – Boston Globe
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Celtics shred Nets
Boston Globe By Frank Dell'Apa EAST RUTHERFORD, NJ - The Celtics spent yesterday morning in the John Jay College of Criminal Justice gym on Manhattan's West Side. ... |
Robert J. Luther, Veteran New Jersey Prosecutor, Joins Helmer, Paul, Conley … – PR Web (press release)
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Robert J. Luther, Veteran New Jersey Prosecutor, Joins Helmer, Paul, Conley ...
PR Web (press release) Haddon Heights, NJ (Lexis Nexis/PRWEB ) January 14, 2010 -- Helmer, Paul, Conley & Kasselman (HPCK), a leading criminal defense law firm in New Jersey, ... |
Suspected ringleader in bizarre kidnapping arrested – Joplin Globe
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Suspected ringleader in bizarre kidnapping arrested
Joplin Globe The probe into a bizarre kidnapping in New Jersey and a related home invasion in Missouri has taken another wild turn with the arrest of a fourth suspect, ... Fourth suspect arrested in accidental kidnapping of Newton pet food store owner Fourth kidnapping suspect is charged in Vernon County Probe widens in “wrong Muller” kidnapping case; Fourth suspect arrested in ... |
Experts say cure for airport security breaches lies in better procedures, not … – Los Angeles Times
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Experts say cure for airport security breaches lies in better procedures, not ...
Los Angeles Times Such offenses are now regulated by local law and often fall far down the scale of criminal offenses. The man charged in the Jan. 3 New Jersey case, ... Chinese student gets court date for security breach |
Compassion in New Jersey – New York Times
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Compassion in New Jersey
New York Times It means I am no longer a criminal in the State of New Jersey.” This show of compassion for the chronically ill comes at an important time for New Jersey ... Text Of NJ Gov. Jon Corzine's State Of The State |




