by Fred Sisto | Jan 25, 2018 | Blog, Criminal Law, New Jersey
Here, we conclude that convicting defendant of driving while suspended for a second or subsequent DWI conviction when he only has one prior DWI conviction would constitute a miscarriage of justice. Furthermore, sentencing defendant to the minimum imprisonment of 180...
by Fred Sisto | Jan 23, 2018 | Blog, Criminal Law, DUI
At her trial, the defendant in Sylvester argued she was not guilty of violating N.J.S.A. 2C:40-26(b), asserting her license was not validly suspended at the time of the alleged offense because the conviction was subsequently vacated. The trial court rejected this...
by Fred Sisto | Jan 21, 2018 | Blog, Criminal Law, DUI
On November 29, 2017, a three-judge Appellate Division panel decided the Essex County case of State v. Leon Faison. The principle issue was whether a defendant could be convicted of fourth-degree driving while his license was suspended for a second or subsequent DWI...
by Fred Sisto | Sep 23, 2017 | Blog, Criminal Law, DUI, Law Reform and Amendments, Monmouth County, Ocean County
N.J.S.A. 2C:11-5.3 codifies a new strict liability vehicular homicide statute that was approved on July 21, 2017. Criminal homicide now constitutes strict liability vehicular homicide, as opposed to negligent homicide, when it is caused by a driver while intoxicated...
by Fred Sisto | Jul 24, 2015 | Blog, Criminal Law, DUI, Traffic Stops
The closest the New Jersey Appellate Division or Supreme Court came to addressing the legality of DUI checkpoints was in the 2005 case of State v. Badessa, 185 N.J. 303. The issue before the Court was whether evidence gathered by the police after an unconstitutional...
