20 Minute Rule for DWI/DUI- New Potential Case Law-Updated Law Offices of Jason C. Pollack Attorneys Mount Holly New Jersey

Law Offices of Jason Pollack, Esq. Camden, Burlington, Gloucester, Salem

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In a comprehensive, written decision stemming from a municipal appeal, a Judge of the Superior Court, Law Division, has construed the 20-minute observation period that is required as a foundational proof for the admissibility of Alcotest blood-alcohol results. In the municipal appeal, captioned State v. Nagorniak, Judge Mitchel Ostrer, J.S.C., ruled that the requirement of a 20-minute observation period is not merely dicta in the Supreme Court's decision in State v. Chun, 194 N.J. 54 (2008), but rather is a foundational issue that must be proved by the State by clear and convincing evidence. The judge also went on to hold that although the Alcotest operator need not be the only person continuously observing the test subject, an observing police officer who is not a qualified operator must know what to look for and what specifically to observe about the test subject in order to meet the State's burden. Without such proofs, the Alcotest results are inadmissible.

The Law Division's decision in State v. Nagorniak has not been approved for publication. Accordingly, its use is extremely limited and must be exercised within the limitations set forth by Rule 1:36-3.

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Topics

20 Minute Rule for DWI/DUI- New Potential Case Law
20 Minute Rule for DWI/DUI- New Potential Case Law-Updated
20 Minute Rule for DWI/DUI- New Potential Case Law-Updated
20 Minute Rule for DWI/DUI- Un-Published Opinion
39:3-29 Failure to Produce Credentials
39:3-33- Display of fictitous or unclear plates-How to beat it!
39:3-4 Unregistered Driver- No Points- Fine/Poss Suspension
39:3-40- Driving While Suspended or Revoked- How to beat it!
39:4-50.2 Refusal to Submit to a Breath Test - How to beat it!
DEFENDING NJ DUI'S...I WIN!
Do's and Don'ts of DUI/DWI-
Issues with Roadside Field Tests-
Municipal Courts In New Jersey- Addresses and Phone Numbers
Municipal Courts In New Jersey- Addresses and Phone Numbers
N.J. Stat. ? 39:3-20 Commercial motor vehicle registrations; fees
N.J.S.A. 39:3:10 Unlicensed Driver
N.J.S.A. 39:4-50- Driving While Intoxicated- Actual Statute
NJ 39:3-20- Operating constructor vehicle in excess of 45 mph
NJ DUI Law and Statutes
NJ DUI/DWI Checkpoints- I can beat them.
NJ DUI/DWI Discovery in Alco Test Case:
NJ DUI/DWI Fines = 39:4-50 Driving Under the Influence in New Jersey Fines
NJ Motor Vehicle Laws/ Statutes
NJSA 27:23-29 MOVING AGAINST TRAFFIC
New Jersey Municipal Court Warrants- Old Warrants- How to beat it!
Official Miranda Warning- For DUI/DWI
Possilbe DUI Defenses for NJ DUI- Camden, Burlington, Gloucester
Things to Remember When You Fight a DWI/DUI
Top 10 mistakes people make after being charged with a NJ DUI/DWI (39:4-50)
Top Mistakes People Make with a New Jersey NJ DUI/DWI...
www.duiattorney.org- good site

Recent Updates

February 07, 2012
NJSA 39:4-89 TAILGATING

January 31, 2012
NJSA 39:4-82.1 Improper operating of vehicle on divided highway or divider

January 17, 2012
N.J.S.A. 39:4-81 Failure to Observe Traffic Signals

January 13, 2012
NJSA 39:4-57 FAILURE TO OBSERVE DIRECTION OF OFFICER

January 09, 2012
NJSA 39:3-40 DRIVING WHILE SUSPENDED

January 06, 2012
N.J.S.A. 39:4-50 Driving While Intoxicated

December 26, 2011
NJSA 39:4-52 RACING ON HIGHWAY

December 23, 2011
NJSA 39:4-41 DRIVING THROUGH SAFETY ZONE

December 16, 2011
NJSA 39:4-36 FAILURE TO YIELD TO PEDESTRIAN IN CROSSWALK;PASSING A VEHICLE YIELDING TO PEDESTRIAN IN CROSSWALK

December 13, 2011
NJSA 39:4-14.3 OPERATING MOTORIZED BICYCLE ON A RESTRICTED HIGHWAY

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