Monthly Archives: November 2011

Police instructed to lie in Alcotest cases?

Is it “lying” for an officer to purposely enter the wrong arrest time on the Alcohol Influence Report? Is doing this just to get around updating the Alcotest firmware a legitimate exercise? The latest in a series of daylight savings/standard time memos from the New Jersey AG’s office instructs the police to put the wrong arrest time on the AIR. This is the crazy way that the State is trying to get around the change in Daylights Savings. The firmware fix is quick and painless but has been avoided for years likely because the State is just too afraid of legal challenged once any change to the firmware in made. 

Expungement of conspiracy to distribute drugs

Conspiracy is a separate offense not a just means of proving culpability for another charge (such as accomplice liability would be)  … and so it can be expunged where the substantive crime could not.   A plea to conspiracy in a drug case has always been a means of avoiding the DL suspension and DEDR, and its expungablity is often is selling point in pleas.  One other note, the statute has an odd element that bars actual distribution but not possession intent to distribute unless there is an “intent to sell” This of course is a factual issue as all cases are indicted as “poss. with intent to distribute” (not sell). Sometimes, I specifically make sure to have a factual basis (if we have to plead …darn it:-)  that makes clear intent to distribute by mean other than intent to sell so that it is later expugnable.