DWI | DUI | Respond Law

NJ SUPREME COURT LEAVES MANY QUESTIONS ABOUT THE STATUS OF PRIOR DWI CONVICTIONS

On February 6, 2019

We are receiving a large number of phone calls and e-mails from clients about the status of their prior convictions in DWI cases, in light of the New Jersey Supreme Court’s recent decision in the Cassidy case. In that case, the Court determined that Alcotest breath test results could not be used against a defendant […]

NJ Supreme Court Confirms Bad Breathalyzer Tests

On December 27, 2018

The New Jersey Supreme Court recently ruled that a large number of breath tests conducted between 2009 and 2016 would not be considered reliable to the extent that results from breath tests on those machines could not be used to prove a defendant’s intoxication. Normally, the State can prove that a defendant was intoxicated by […]

Orientation as to Time and Place – OP-ED

On August 16, 2018

This article previously appeared as an OP-ED for the New Jersey Law Journal. No matter how disconcerting it may be, it is time for change in our Municipal Court system. Different tests are used by police to determine whether a driver may be intoxicated. This should be no easy task as only outer manifestations of […]

Weekend Sentencing for Criminal Driving While Suspended Convictions

On May 4, 2018

N.J.S.A. 2C:40-26 criminalizes operating a motor vehicle during a period of a license suspension for a violation of N.J.S.A. 39:4-50, driving while intoxicated or N.J.S.A. 39:4-50.4, refusal of a breath test. Specifically, a violation of N.J.S.A. 2C:40-26 is a crime of the 4th Degree if an individual operates a motor vehicle while suspended for a […]

DWI & Criminal Liability in Vehicular Homicide

On April 16, 2018

Until recently if an individual in New Jersey drove a motor vehicle while legally intoxicated and caused the death of another he or she would be criminally prosecuted under N.J.S.A. 2C:11-5; Vehicular Homicide.N.J.S.A. 2C:11-5, (now renamed Reckless Vehicular Homicide) criminalizes the act of driving recklessly and causing the death of another. Under this statute, just […]

Consequences and Penalties: DWI/DUI and other Criminal-Related Offenses Surrounding Alcohol and Drugs

On November 9, 2017

DEMLP partner Greg S. Gargulinski has represented clients in matters involving DWI/DUI, as well as criminal defense at the State, Appellate and Federal levels for nearly two decades. He is a frequent speaker to members of the bar and the local communities on the various issues regarding criminal and motor vehicle law violations. Please reach […]

Make New Jersey Great Again (?)

On November 15, 2016

I wonder what it would be like if one of our gubernatorial candidates took the Donald Trump approach and told us they wanted to “make New Jersey great again.” Would they tell us we live in a State where we would have nothing to lose by radically changing a “rigged system.” Well, the argument doesn’t […]

New Breath Test Device for New Jersey

On October 6, 2016

Since 2008, breath testing in New Jersey for evidential purposes in DWI cases has been conducted with the Drager Alcotest 7110 MK III-C. Recently, the New Jersey Attorney General conceded that the State could not comply with requirements set by the New Jersey Supreme Court to ensure reliable breath testing in DWI cases. Accordingly, the […]

On July 28, 2016

Did you know all fifty states currently require drivers suspected of driving while intoxicated to submit to blood-alcohol content testing, and penalize for a refusal to do so? In its recent opinion dated June 23, 2016, the United States Supreme Court in Birchfield v. North Dakota addressed the issue of whether warrantless blood and breath […]

DWI Blood Tests: How To Tell If Yours Will Hold Up in Court

On September 17, 2015

If you were arrested for DWI following a blood test you might think your conviction is a sure thing. This is not true. A blood test, though it seems like air tight evidence of your guilt, can be challenged by your attorney. In this blog I’ll outline the law police must follow when obtaining your […]

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