Steven J. Richardson | July 6, 2009
UPDATE (7-15-10): The case that this post discusses was reversed by the New Jersey Supreme Court.
On July 1, the New Jersey Appellate Court issued one of the most amazing opinions I have ever seen! For those of you who don’t know, a person arrested for DWI does not have a 6th amendment right to an [...]
Steven J. Richardson | June 26, 2009
Yesterday, the U.S. Supreme Court in Melendez-Diaz v. Massachusetts ruled in a close, 5-4, decision that laboratory reports related to the testing of drugs at a police laboratory are to be considered as testimonial evidence within the meaning of the Sixth Amendment. In effect, this means that a criminal defendant has the right at trial [...]
Steve | April 30, 2009
In New Jersey, individuals stopped for drunk driving have their blood alcohol level tested by an Alcotest Breathalyzer. One of the key prerequisites the courts have imposed on the acceptance of these test results as proof of intoxication is that the police officer must observe the driver for at least 20 uninterrupted minutes prior to [...]
Steven J. Richardson | January 13, 2009
Any time the police stop a motorist, they must have probable cause to do so. When it comes to drunk driving, this cause is often based on the driver weaving in the road, resulting in one of the tickets being for “failure to maintain lane” under New Jersey statute 39:4-88(b). In the case of State [...]