Many people believe that police cannot stop a vehicle unless they personally observe the driver commit a traffic violation. While that is often true, it is not always the case under New Jersey DUI law. In certain circumstances, a reliable 911 or citizen report may provide police with the reasonable suspicion necessary to conduct an investigative motor vehicle stop—even if…
Read MoreIf you have a prior DUI conviction on your record, you may wonder whether that fact alone gives a New Jersey police officer the right to pull you over, detain you, and require you to perform Standardized Field Sobriety Tests (SFSTs) during a routine traffic stop. It is a question that comes up regularly in New Jersey DUI defense —…
Read MoreOverview of the New Jersey Supreme Court Decision The New Jersey Supreme Court issued an important decision in State v. Watson (2023) that significantly changes how eyewitness identifications and surveillance video testimony may be presented in criminal trials. The Court recognized that first-time in-court identifications can be extremely suggestive and unreliable, and it imposed new procedural safeguards to protect defendants’…
Read MoreWhat Is a Conditional Discharge or Conditional Dismissal in New Jersey? If you have been charged with a disorderly persons offense or certain first-time drug offenses in New Jersey municipal court, you may qualify for a diversionary program that allows your charges to be dismissed and helps you avoid a criminal conviction. In municipal court, the two primary diversion programs…
Read MoreNew Jersey law allows undocumented residents to legally obtain a standard driver’s license. Many people still don’t realize this — and continue driving without a license, risking charges under NJSA 39:3-10. Driving without a valid license in New Jersey is not a minor paperwork issue. It can lead to court appearances, fines, and long-term legal consequences. The safest option is…
Read MoreState v. Bookman Case Summary: NJ Supreme Court Limits Hot Pursuit Home Entry Overview In State v. Bookman (2022), the New Jersey Supreme Court ruled that police cannot use a minor traffic warrant as an excuse to chase a suspect into someone else’s home without a warrant. The Court held that the officers’ late-night entry violated the Fourth Amendment and…
Read MoreNJ DUI Case Law — State v. Thompson (2020) and the Meaning of “Operation” New Jersey DUI law does not require proof that a vehicle was actually driven. Instead, N.J.S.A. 39:4-50(a) prohibits the operation of a motor vehicle while under the influence. One of the leading published decisions addressing this distinction is State v. Thompson, decided by the New Jersey…
Read MoreCase: State v. Mulligan, 2025 N.J. Super. Unpub. LEXIS 2789 (App. Div. Dec. 31, 2025)Court: Superior Court of New Jersey, Appellate DivisionDocket: A-0427-23Note: Unpublished opinion (R. 1:36-3) Key Takeaway The Appellate Division reaffirmed that a DWI conviction may be sustained based on the totality of the circumstances demonstrating “operation” under N.J.S.A. 39:4-50—even where a defendant claims post-operation drinking and the…
Read MoreState v. Locurto (1999): Credibility, Traffic Stops, and DUI Appeals in New Jersey Case Law Analysis Although decided in 1999, State v. Locurto, 157 N.J. 463, remains one of the most important New Jersey Supreme Court decisions governing DUI cases, traffic stops, and municipal court appeals. The case continues to shape how courts evaluate police credibility, reasonable suspicion, and appellate…
Read MoreState v. Bealor: The Seminal NJ Drug DWI Proof Case (2006) If you handle DWI cases in New Jersey, State v. Bealor is one of the most important decisions to understand—especially for drug-related DWI allegations under N.J.S.A. 39:4-50. In plain terms, Bealor explains how the State can prove drug impairment, what kind of evidence is (and isn’t) enough, and why…
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