Last week, the NJ Attorney General set forth new guidelines for how NJ law enforcement should deal with criminal suspects that are in this country illegally.  Now, any NJ police officer who arrests someone for a serious type offense including any indictable crime or NJ DUI-DWI must inquire about the arrestee’s citizenship, nationality, and immigration [...]

One of the most ancient legal privileges is the spousal privilege.  Pennsylvania law still recognizes that a husband and a wife may refuse to testify against each other in a criminal proceeding – the privilege belongs to the witness spouse. Pennsylvania also recognizes that where “confidential communications” have been made by one spouse to the [...]

An interesting question was recently posed to the NJ Appellate Division.  New Jersey Motor Vehicle law states that if you knowingly are involved in an accident in NJ, you must stay and render assistance to any injured person and/or produce your identification and other papers to the other person involved in the NJ accident.  If [...]

Northampton Township, Pennsylvania has published an article about this concern in its recent newsletter.   The Model Speed Zoning Law created by the National Motorists Association claim that speed limits should represent the maximum safe and reasonable speed on a highway during good traffic and roadway conditions capable of being traveled by the normally competent vehicle [...]

Last evening, I attended a NJ law seminar on collateral consequences of NJ motor vehicle violation/tickets and criminal charges.   Collateral consequences are types of effects or penalties that are not usually apparent to someone charged with an NJ traffic violation/ticket or and NJ criminal offense.  Examples of collateral consequences include: forfeiture of public office, loss [...]

With some NJ traffic violations/tickets, the NJ police officer will check a box that states that a court appearance is required.   When this box is checked there is usually some special issue or problem with the case that needs to be addressed by the NJ municipal court judge. If the “court appearance required” box is [...]

This was a warrantless automobile search case.  In State v. Carty, the NJ Supreme Court held that a police officer could not ask for consent to search a lawfully stopped vehicle or its occupants unless the officer had a “reasonable and articulable suspicion” that the occupants were engaged in criminal wrongdoing.  In this case, the [...]

Operation Yellow Jacket is live and well.   What is Operation Yellow Jacket?  Operation Yellow Jacket is a joint effort between the Pennsylvania Department of Transportation (PennDot) and the Pennsylvania State Troopers to stop speeding vehicles on Pennsylvania’s roads and highways.   This practice has been established for several years now. You may be surprised (as I [...]

Yes, usually the deadline that a citizen or police officer, and possibly a judge can issue an NJ traffic ticket against another driver is 30 days after the incident.  There are a few exceptions  (See N.J.S.A. §39:5-3 below).    The NJ Appellate Division just issued new law regarding a case where an NJ traffic violation [...]

I usually see two charges issued when a person is accused of causing some kind of minor disturbance while in a public area in Bucks County, Pennsylvania. Disorderly Conduct is a common offense charged by Bucks County police. PA criminal law states that a person is guilty of disorderly conduct if, with intent to cause [...]

Effective September 1, 2007, an NJ DUI-DWI defendant will be able to plea bargain away the NJ school zone enhancement for drunk driving in a school zone.   Currently there are severe penalties if a driver gets a NJ DUI-DWI in an NJ school zone.  The penalties for a first offense NJ DUI-DWI in a school [...]

The NJ Appellate Division last week ruled that a flight with a United States Coast Guard helicopter over an NJ home and cornfield was reasonable and acceptable under the NJ Constitution. A Buena, New Jersey man was growing marijuana plants in the middle of his farm in southern New Jersey.   A police informant notified local [...]

Many people ask me: Do you think I will be charged with a DUI or a DWI?  Most people don’t know what a DAI is… DUI:  Driving Under the Influence DWI: Driving While Intoxicated DAI: Driving After Imbibing It really depends on what state the traffic ticket was issued.   DUI, DWI, and DAI are all [...]

Yes!   Last week, the NJ Appellate Division ruled that you could be convicted of a NJ DUI/DWI if you are suffering from a hangover. A car was pulled over in Middle Township, NJ after traveling at a high rate of speed and crossing over the centerline.   The driver’s speech was slurred, his eyes were blood [...]

After your Preliminary Hearing in Pennsylvania, the next step is Arraignment in a PA DUI/DWI.   The Preliminary Hearing his held at the local District Justice Court.   After the Preliminary Hearing (assuming your PA DUI/DWI case is held for court) the case is then transferred to the county Common Pleas Court.   In Bucks County, your PA [...]

Defense attorneys who are working on testing and checking the new NJ Alcotest machine for accuracy in the NJ Supreme Court have set forth an estimated timetable for the remainder of the hearings before the NJ Supreme Court. Currently, there are many thousands of NJ DUI cases on hold waiting for the NJ Supreme Court [...]

If you are pulled over for a NJ DUI, you will most likely be asked to take an NJ Breathalyzer Test or the new NJ Alcotest to determine your blood alcohol content.   The reason you are asked to take the NJ Breathalyzer Test or the new NJ Alcotest is because you have the choice.  You [...]

An NJ Senate committee is setting forth two changes to the already strict NJ DUI/DWI law.  The current NJ DUI/DWI law has a 10-year look back period.    This means, if you were convicted of an NJ DUI/DWI over ten years ago and you are now convicted of a second NJ DUI/DWI, the second NJ DUI/DWI is [...]

This week, the NJ Appellate Division ruled on a case where it was alleged by the Defendant that the prosecutor did not prove one of the elements of the offense.   As in any criminal or traffic offense, the prosecution must prove all elements or parts of the offense to the judge or jury “beyond a [...]

If you have any questions or concerns about your Pennsylvania or New Jersey personal injury case, DUI, traffic violation, or criminal case, whether you are already a client or not, you can immediately talk to a lawyer at www.sailelaw.com.Just click the “Chat with a Lawyer Online now” icon on the left side of any page [...]