by Fred Sisto | Jun 12, 2025 | Blog, Criminal Law, Monmouth County, New Jersey, Ocean County
The Appellate Division continued in relevant part: Defendant attempts to distinguish Cuccurullo because it was “in the context of applying motor vehicle penalties” rather than criminal penalties under N.J.S.A. 2C:40-26. This distinction is immaterial in...
by Fred Sisto | Jun 5, 2025 | Blog, Criminal Law, Monmouth County, New Jersey, Ocean County
The Appellate Division continued in relevant part: In the context of applying the enhanced penalties under N.J.S.A. 39:3-40 for driving while suspended for DWI, we previously determined in Cuccurullo that a defendant is “‘under suspension’ from the...
by Fred Sisto | May 29, 2025 | Blog, Criminal Law, Monmouth County, New Jersey, Ocean County
On November 1, 2024, a three-judge appellate panel decided the Cape May County case of State v. Steven Italiano. The principal issue under N.J.S.A. 2C:40-26 concerned the appropriate charge for driving while suspended for a non-DWI, but subject to a court-ordered...
by Fred Sisto | May 22, 2025 | Blog, Criminal Law, Monmouth County, New Jersey, Ocean County
Judge Sabatino concluded in relevant part: The Court is cognizant that it can be impractical or hazardous for an officer to determine whether a driver clearly does not resemble the photo or description of the vehicle owner. The stop may occur at night in a poorly lit...
by Fred Sisto | May 15, 2025 | Blog, Criminal Law, Monmouth County, New Jersey, Ocean County
The unanimous New Jersey Supreme Court continued in relevant part: Data supplied by the Attorney General corroborates to some extent what the Supreme Court majority in Glover described as the “commonsense” nature of an inference that the vehicle owner, despite having...
