by Fred Sisto | Jun 19, 2025 | Blog, Criminal Law, Monmouth County, New Jersey, Ocean County
On December 20, 2024, a three-judge appellate panel decided the Essex County case of State v. Jeremy Arrington. The principal issue under N.J.S.A. 2C:4-1 concerned whether a defendant could testify to their alleged insanity without accompanying expert testimony....
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...
