Major Cases in Municipal Court & DWI Kenneth Vercammen, Esq. 2053 Woodb...

1. State v. Cassidy  235 NJ 482  2018 plus Supreme Court Assigns Four Recall Judges to Sit as Municipal Court Judges to Resolve Cassidy Matters July 25, 2019 

2.Defendant knowingly waived Miranda after Spanish translation State v. A.M. 237 NJ 384 (2019)

3 Police false promise of no jail and leniency required suppression of Confession State v. L.H.  (A-59-17)  

4. Police can’t detail occupants on noise complaint State v Chisum  236 NJ 530 (2019)

5.Guilty finding vacated based on state failure to provide evidenceState v. Brown236 NJ 497 (2019)

6.  Resident could not be convicted of obstruction for not letting police in house State v. Fede 237 NJ 138 (2019)  

7. Miranda violated here where detectives failed to advise subject of charges State v. Vincenty237 NJ 122 (2019)

8 Weapons search not permitted here after DV TRO State v. Hemenway2019

9 For DWI PCR on prior uncounseled DWI proceeding, neither an indigent nor a non-indigent defendant must show that the outcome would have been different had he been represented State v. Patel

10   The Supreme Court remanded State v Olenowskito a Special Master for a Frye Hearing on the reliability and admissibility of Drug Recognition Evaluation DRE  evidence in a DWI under influence of a drug

11.  Court claims parked car with engine running is operation and can be DWI. Attorney seeks Supreme court reversal

State v. Thompson

12 Police do not have to inform tenant of right to deny entrance to apartment

State v Teoshie Williams  

13 No more phony stop for license plate holder partially obstructing Garden State words State v Roman- Rosado

14. US Supreme Court ruled that it was reasonable under the Fourth Amendment for a police officer to make a traffic stop after running the license plate of a vehicle and learning that the owner’s driver’s license has been revokedKansas v Glover

15 New Jersey expungement law will take effect on June 15, 2020 and will increase the number of records of arrests and convictions that can be expunged.

16 New law signed eliminated all mandatory loss of licenses for drug offenses in criminal cases. New laws Effective: December 20, 2019   

17. The legislature also did away with loss of license for the CDS in motor vehicle39:4-49.1

   CDS in motor vehicle  Elimination of mandatory DL suspensions related to drugs

18. No Insurance Penalties 39:6B-2 . No more mandatory suspension on no insurance

19. Misrepresenting age to induce sale or delivery to minor 33:1-81 –No more mandatory DL suspension  The Belmar- Seaside offense

20 No more DL suspension for Fail to appear for disorderly persons offense, a petty disorderly persons offense, a violation of a municipal ordinance, or a violation of any other law of this

21 Repealed DL suspension for Failure to comply with installment order

22 New DWI Statute Revises certain drunk driving penalties; expands use of ignition interlock devices. P.L.2019, c.248.   Starting December 1, 2019