DWI Cases and the Plain View Exception to the Warrant Requirement

In a drinking and driving prosecution, almost all evidence discovered during a lawful, warrantless search of a motor vehicle is legally admissible against the defendant under the plain view exception to the warrant requirement. The plain view doctrine was established by the United States Supreme Court in the case of Coolidge v. New Hampshire, 403 U.S. 443 (1971). The original plain view exception Continue Reading...

DWI Arrests Inside the Home

Although it does not seem logical, many drunk driving arrests every year are conducted inside the home. Normally these home arrests take place either as a result of the suspected drunk driver being followed to his or her home by the police or because the drunk driver attempted to conceal their offense by leaving the scene of an accident. Whatever the underlying reason for an arrest within the Continue Reading...

DWI Plea Bargaining?

I have to say that my surprise with Court rulings gets less and less as I close in on twenty years of defense work in NJ.  Nonetheless, I had to gasp for a second when I read the release associated with a Mercer County Superior Court judge's decision in State v. Rastogi.  In Rastogi, an individual was accused of drunk driving but there was apparently a significant issue concerning whether or not Continue Reading...

Successful Day for DWI Defense in Monmouth County

We like to report on particularly gratifying results reached on behalf of our DWI clients.  Last Thursday was especially pleasing as I was able to achieve some great results in two Monmouth County DWI cases. In the first case, a man was charged with his fourth (4) DWI, along with a refusal in Red Bank, NJ.  The gentlemen was not entitled to a stepdown (i.e. drop off of any of the convictions) and Continue Reading...