Monthly Archives: April 2005
Many New Jersey attorneys have recently xpressed an interest to Muni-mail related to the impact of a New Jersey drunk driving conviction on a defendant who is licensed in Pennsylvania. The Pennsylvania Department of transportation web site indicates that no suspension will be imposed for a first offense DUI that occurs out of state, (which includes New Jersey). The web site link is set forth below with relevant portions made bold. (With thanks to Evan Levow, esq.)
This morning’s Appellate Division decision in State v. Duncan represents one more example in a series of harassment cases where the failure of the prosecution to prove the culpability element beyond a reasonable doubt results in an overturned conviction. In Duncan, the defendant, angered over what he perceived to be an unnecessary police checkpoint roadblock, called 9-1-1 and expressed a loud, profane, coarse and anonymous complaint to the operator. His trials in both the municipal court and Law Division resulted in a conviction. The Appellate division reversed on the basis that the State did not prove that the defendant acted with a purpose of harass. Also, note the warning of the Court on its fear of overextending a criminal law to include rude behavior which is directed toward an institution as opposed to a particular private individual. In essence, mere “venting” does not constitute harassment under the facts of this case.
Download a copy of State v. Duncan
This morning, the Supreme Court ruled that private citizens who have information on the commission of crimes have no right under New Jersey Law to direct access to a grand jury. Rather, such a citizen must utilize the the police and prosecutorial agencies that have been established by law to investigate and prosecute crimes. The case reverses an Appellate Division opinion an clarifies a point of law that has previously not been explored in New Jersey.
Download a copy of the Loigman decision