Monthly Archives: May 2015

Arbitrary denial of adjournment request results in new trial

[May 15, 2015 – 3:38 p.m.]  This morning, the Appellate Division ruled that an arbitrary denial of an adjournment request based solely upon speedy case disposition concerns violates a defendant’s 6th Amendment right to an attorney of his choice and requires a new trial.

Click here to check out this important holding in the PDF of the opinion in State v. Martinez.

Alternatives to mandatory jail ok for 6B-2 & 39:3-40(e)

[May 15, 2015 – 12:49 p.m.]  ICYMI – On May 14th, the App. Div. ruled that alternative sentences to mandatory jail terms, such as home confinement are okay for driving for the revoked list involving injury NJSA 39:3-40(e) and 2nd offense driving without insurance NJSA 39:6B-2.

Click here to read the opinion in State v. Toussaint.

New Law allows smart phone insurance cards

[May 15, 2015 – 12:20 p.m.]  On May 7th, Governor Christie signed A3905 into law. The bill amends NJSA 39:3-29 to allow drivers to use electronic copies of their insurance cards via smart phone or other electronic devices.

The May 7, 2015 amendment to NJSA 39:3-29 reads as follows:
The insurance identification card may be displayed or provided in either paper or electronic form. For the purposes of this section, “electronic form” means the display of images on an electronic device, such as a cellular telephone, tablet, or computer, if the images displayed contain the insured name, mailing address, carrier name, policy number, and the inception and expiration date of the policy as provided on an insurance identification card in paper form.

The use of a cellular telephone, tablet, computer, or any other electronic device to display proof of insurance does not constitute consent for a police officer or judge to access any other contents on the device. Any police officer or judge presented with an electronic device pursuant to this section shall be immune from any liability resulting from damage to the device.

Expectation of Privacy in a Stolen Car

[May 12, 2015 – 8:10 p.m.]  This morning, the Appellate Division ruled that a passenger inside of a stolen car may have an expectation of privacy sufficient to be able to assert a 4th Amendment violation if he has no knowledge that the vehicle was stolen.

Check out the opinion in State v. Taylor here.

10 year step-down for Refusals

[May 12, 2015 – 4:38 PM]  Yesterday morning, the Appellate Division ruled that a defendant who has been convicted of the refusal offense under NJSA 39:4-50.4a may be eligible of a sentencing reduction following the passage of 10-years from his previous refusal offense.

To read a PDF of the opinion in State v. Taylor, click here.

Pipeline Retroactivity for McNeely Blood Cases

[May 4, 2015 – 12:22 PM]  This morning, the NJ Supreme Court ruled in State v. Adkins that the 2013 SCOTUS holding in McNeely for DWI blood cases is to be given pipeline retro activity in New Jersey.

The Court also upheld the lack of a good-faith exception in our State and provided instruction on how judges are to evaluate exigency in pre-McNeely blood-draw cases.

Click here for the PDF copy of the opinion in State v. Atkins.