Blood & Breath Test Refusal

Here is some important precedent governing Blood & Breath test refusal in New Jersey: State v. Cummings, 184 N.J. 84 (2005) The Supreme Court of New Jersey held that the elements of refusal must be established beyond a reasonable doubt. State v. Bernhardt, 245 N.J. Super 210(App. Div. 1992) This case sets forth the six elements necessary to establish refusal. The court also held that once Continue Reading...

Underage Gambling Charges in New Jersey

A charge for underage gambling in New Jersey can have serious and lasting consequences. If convicted, this will lead to a permanent charge on your record which will appear on background checks conducted by educational institutions and potential employers. This can have a significant negative impact on a young person and their future.  A criminal charge for underage gambling in New Jersey is Continue Reading...

Wall Township Drunk Driving (DWI) Charge Dismissed

My law firm recently represented a client charged with a driving while intoxicated (DWI) offense in Wall Township, New Jersey in Monmouth County. This was the client's first DWI charge and the breath test readings were .07% Blood Alcohol Content (BAC). Although this is not a "per se" violation of the statute because the legal limit in New Jersey is .08%, the State can still prove a DWI charge Continue Reading...

DWI Law in New Jersey: Operating a Vehicle

Here are a few case summaries of important case law in New Jersey regarding w operation of a vehicle: State v. Mulcahy, 107 N.J. 467 (1987) The important precedent from this case is that the key to establishing operation is whether or not the defendant intended to operate the vehicle. The Supreme Court of New Jersey held that police officers, who saw defendant, who was drunk, stagger out of Continue Reading...