Archive for January 2013

NEW JERSEY CRIMINAL ATTORNEYS ASSSESS APPELLATE DIVISION RULING ON MERGER OF DWI AND REFUSAL CONVICTIONS

After the defendant was arrested for drunk-driving, he pled guilty to both DWI and refusal to submit to a breath test.  The State and the defendant through his New Jersey criminal attorney agreed to merge the DWI offense with the refusal offense, thus the sentence would only be imposed on the DWI.

The defendant was sentenced to a seven-month license suspension in spite of the step-down provision of the DWI statute that entitled the defendant to a three-month license suspension. The defendant’sNew Jerseylawyer appealed the ruling.

The Appellate Division held that a refusal offense cannot be merged with a defendant’s first DWI offense because it violates the merger principles and the Supreme Court’s Guidelines for Operation of Plea Agreements in the Municipal Courts of New Jersey. The Appellate panel reversed the sentence imposed on the defendant.    Visit the website of New Jersey Criminal Attorney John F. Renner for more information.

Legal Quote of the Week:

“No pain equals that of an injury inflicted under the pretense of a just punishment”

Lupercio Leonardo de Argensola, Spanish poet and dramatist, 1559-1619, Sonetos 

NEW JERSEY CRIMINAL ATTORNEY’S MOTION TO SUPPRESS DENIED BASED ON PROBABLE CAUSE

A North Arlington police officer received a message from the dispatcher that a caller had reported a vehicle driving around the neighborhood and the driver kept exiting the vehicle. The officer observed the defendant’s car with a license plate matching the dispatcher’s report. Upon questioning the defendant smelled of alcohol, admitted to drinking at a local pub, failed a field-sobriety test and was charged with DWI.

The defendant’s New Jersey Attorney filed a motion to suppress claiming lack of probable cause. The defendant’s motion stated that the police officer had no cause to make the stop and administer the field sobriety test. The municipal court judge denied the motion to suppress.

On appeal, the Appellate Division ruled that the police officer was justified in making a field inquiry. The detection of the odor of alcohol combined with his admission of drinking gave the officer probable cause to believe that the defendant had been driving while intoxicated.

Please visit the website of New Jersey Attorney John F. Renner.

Legal Quote of the Week:

“The cause is hidden, but the result is known”

Ovid