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Trooper Dennis Alcotest Prior Convictions: Part 3

by Fred Sisto | Jan 19, 2018 | Blog, Criminal Law, New Jersey

Judge Lisa had previously issued a related stay Order in the case of State v. Eileen Cassidy. Note that the prosecution moved for a stay, as opposed to the attorney for Ms. Cassidy. The stay avoids an administrative nightmare if numerous pending cases resolved and...

Trooper Dennis Alcotest Prior Convictions: Part 2

by Fred Sisto | Jan 17, 2018 | Blog, Criminal Law, New Jersey

Note that the effect of Judge Lisa’s Order is not limited to municipal court DUI cases. The use of a device calibrated by Sergeant Dennis can also affect the viability of a subsequent prosecution under N.J.S.A. 2C:40-26 “Operating Motor Vehicle During Period of...

Trooper Dennis Alcotest Prior Convictions: Part 1

by Fred Sisto | Jan 15, 2018 | Blog, Criminal Law, New Jersey

On November 28, 2017, Judge Lisa of the Appellate Division issued an order that affects most anyone accused of a second offense or greater DUI in New Jersey. In every case and every DUI sentence anywhere in the state, the prosecutor must ascertain whether that prior...

Judges and Official Misconduct (Part 6)

by Fred Sisto | Oct 23, 2017 | Blog, Criminal Law, Judge and Jury, Monmouth County, Ocean County

N.J.S.A. 2C:30-2b criminalizes only the omissions of “a judge who consciously refrains from performing an official non-discretionary duty, which duty is imposed upon him by law or which is clearly inherent in the nature of his office. In addition, the public...

Judges and Official Misconduct (Part 5)

by Fred Sisto | Oct 21, 2017 | Blog, Criminal Law, Judge and Jury, Monmouth County, Ocean County

Unequivocally, “it is the judge’s obligation to see that justice is done in every case that comes before him or her.” A judge must live by this humble maxim, one that, as most sitting judges would agree, is more easily stated than realized. The Code...
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