Top 25 Cases affecting Municipal Court for 12-6-2010
By Kenneth Vercammen, Esq.
No discussion of recent Municipal Court caselaw would be complete without first mentioning the most important case in the past 25 years- State v. Chun 194 NJ 54 (2008). Here the NJ Supreme Court held, subject to certain conditions, the Alcotest breath testing machine is scientifically reliable and that its results are admissible in drunk driving prosecutions.
DWI 1. DWI Dismissed Under Speedy Trial Where More than 360 Day Lapse.
State v. Tsetsekas 411 NJ Super 1
(App. Div. 2009)
The court reversed the Law Division conviction and required dismissal of the DWI charge due to a violation of defendant's right to a speedy trial. The extensive delay in adjudicating this matter, caused solely by the state's repeated lapses in preparation and the failure to secure its witnesses, infringed on defendant's due process rights.
DWI 2. In DWI case State must provide 20 minute observation of driver prior to breath test by clear and convincing evidence, but arresting officer can testify as part of 20 minutes
State v Ugrovics 410 NJ Super. 482
(App. Div. 2009)
This Appellate panel held that the State is only required to establish that the test subject did not ingest, regurgitate or place anything in his or her mouth that may compromise the reliability of the test results for a period of at least twenty minutes prior to the administration of the Alcotest. The State can meet this burden by calling any competent witness who can so attest.
DWI 3. No sequestration of defense expert in DWI case
State v. Popovich 405 NJ Super. 392
(App. Div. 2009)
Defendant's conviction is reversed; the trial court erred when it ruled that defendant's expert was subject to a sequestration order and would not permit the expert to watch the trial testimony.
DWI 4. Destruction of Video Tape may Permit DWI Defendant to Vacate Guilty Plea. State v. Mustaro
411 NJ Super 91 (App. Div. 2009)
The court considered defendant's appeal from the denial of a post-sentence motion to vacate his plea of guilty to driving while intoxicated. The motion was predicated on a claim that the state withheld exculpatory evidence, but by the time the motion was filed the evidence — a videotape recorded by the camera in the arresting officer's patrol car — had been destroyed through reuse in accordance with the police department's procedures. The court concluded that defendant failed to establish that he would not have admitted to driving if he had access to the videotape prior to the plea, and the court further concluded that the denial of his motion was fully consistent with a proper application of the principles set forth in State v. Slater, 198 N.J. 145 (2009).
Refusal 5. Breath Test warnings now must be given in Spanish
State v. Marquez ____ NJ _____ (2010) (A-35-09) 7/12/10
In this case involving a conviction for refusing to submit to a chemical breath test, the Court holds that New Jersey's implied consent law, N.J.S.A. 39:4-50.2, and refusal law, N.J.S.A. 39:4-50.4a, require proof that an officer requested the motorist to submit to a chemical breath test and informed the person of the consequences of refusing to do so. The statement used to explain to motorists the consequences of refusal must be given in a language the person speaks or understands. Because defendant German Marquez was advised of these consequences in English, and there is no dispute that he did not understand English, his refusal conviction is reversed.
Loading...
9:44
Do you have to show an ID to a cop? How do you refuse a search on your car?by LCLREPORT100,815 views
Link to this comment:
All Comments (1)