ICYMI – Supreme Court Yanks New PTI Rules

[8/27/2015, 12:35 p.m.] – By memo dated August 14th, the Administrative Director has announced that the comprehensive changes to the PTI program, set to be implemented next month through the new Court Rules (proposed R. 3:28-1 thru 3:28-10), have been canceled indefinitely. This is due to newly effective legislation that conflicts with the revised PTI… Read More

ICYMI – Still No Good Faith Exception in NJ

[08/19/2015, 1:29 P.M.]  This morning, an equally divided (3-3) New Jersey Supreme Court affirmed the holding of the Appellate Division in State v. Shannon, which ruled that drug evidence recovered from a person who had been unlawfully arrested by the police was inadmissible, despite the good faith by the police in relying upon a computer… Read More

ICYMI – No crime spree exception for expungements – In re J.S.

[August 10, 4:24 p.m.]  In a decision released today, the New Jersey Supreme Court has ruled there is no crime spree exception for expungements. In the majority opinion of the Court, written by Justice Patterson, it is held that “the plain language of N.J.S.A. 2C:52-2(a) precludes expungement of convictions when the petitioner has been convicted… Read More

ICYMI – Trooper Can’t Retrieve License Without Warrant – State v. Keaton

[08/05/2015 – 12:20 p.m.]   This week, the NJ Supreme Court ruled on the appeal in State v. Keaton (argued 2/2/15, decided 8/3/15). The matter at hand was whether a law enforcement officer may legally enter a disabled vehicle to gather proof of registration and insurance. After the defendant was involved in an accident that… Read More

No Deportation for Paraphernalia Charges

[June 1, 2015 – 11:50 a.m.]  ICYMI (In Case You Missed It) – This morning, the United States Supreme Court ruled that a conviction for possession of drug paraphernalia cannot serve as a basis for mandatory deportation under 8 USC 1227(a)(2)(B)(i). For the PDF of the Opinion of the Court in Mellouli v. Lynch, click here.

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… Read More

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…. Read More

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… Read More

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… Read More

ICYMI – SCOTUS: Cop’s delay voids drug seizure

[8:50 P.M., April 21, 2015]  This morning, in Rodriguez v. US, the US Supreme Court ruled that once a police officer completes his mission during a motor vehicle stop, it is unreasonable and unlawful to further detain the stopped vehicle in the absence of a reasonable suspicion. In Rodriguez, this delay resulted in the suppression… Read More

ICYMI – Conditional Veto of new DWI sentencing bill by Guv.

[6:19 p.m., March 24, 2015]  On March 23rd, Governor Christie sent a conditional veto message to the legislature, rejecting the proposed Bill 1368 which would fundamentally change DWI sentencing law. The Governor’s recommendations call for the installation of ignition interlock devices in every instance for longer period. The idea of shortened d/l suspensions periods is… Read More

ICYMI – New Civil REZ Rules in Muni Court

[7:41 p.m., March 19, 2015]  On March 19th, the Supreme Court clarified the procedures for obtaining a civil reservation in municipal court.  In Maida v. Kuskin, the Justices ruled that person who pleads guilty to a traffic offense may request an order that prevents admission of the plea in any civil proceeding arising from the… Read More

ICYMI – Part of NJ bias crime law ruled unconstitutional

[5:59 p.m., March 18, 2015]  On March 17th, the Supreme Court ruled that section 2C:16-1(a)(3) of the state’s bias crime law is unconstitutional. This statute criminalizes speech based upon the reasonable perceptions of the listener as opposed to the intent of the speaker. As such, the statute is unique in American law. It also violates… Read More

ICYMI – Class trip child sex assault in Germany can’t be prosecuted in NJ

[5:40 p.m., March 18, 2015] On March 18th, the Supreme Court ruled that a purported sexual assault perpetrated by teacher/chaperones during a class trip to Germany cannot be prosecuted in New Jersey. In the per curiam opinion, the Court found that the ages of the children and the supervisory duty of the teachers were merely status factual issues… Read More

ICYMI – Ethical to withhold NJSA 2C:40-26 info from prosecutors

[1:25 p.m., March 6, 2015]  On February 17th, the Appellate Division ruled in the unpublished decision captioned State v. Kane that a defense attorney has no ethical obligation under RPC 3.3(a)(5) to alert a prosecutor that his client’s plea to driving on the revoked list will foreclose a later criminal prosecution under NJSA 2C:40-26. In so doing, the Court… Read More

ICYMI – Smile! You’re On Camera

[3:41 p.m., March 4, 2015] Effective March 1, 2015, NJ law requires that every new or used police vehicle be equipped with a video recording device. The equipment should provide valuable, objective evidence for both prosecutors and defendants. The equipment will be funded thru a $25 increase in DWI penalties. The statute, NJSA 40A:14-118.1 reads… Read More

ICYMI – New Wrinkle in Prosecutions Under NJSA 2C:4-26.. Important NEW Case

[1:03 p.m., March 3, 2015]  On March 3, 2015, the Appellate Division ruled in State v. Perry that a prosecution under NJSA 2C:4-26 must be pegged to driving conduct that takes place during the determinate license suspension term imposed by the sentencing judge. Administrative suspension time beyond that suspension period does not count under the… Read More

ICYMI – No copy of AIR – NO Problema !

[11:04 a.m., March 2, 2015]  On February 27, 2015, the Appellate Division ruled that the failure of the police to provide a copy of the Alcohol Influence Report to a defendant following breath testing does not require a suppression of the test results. The Court also provides an extensive discussion on double jeopardy issues related… Read More