Author Archives: admin

Court holds that motion and trial cannot be combined without a defendant’s consent

The Supreme Court in State v Gibson today held that a motion to suppress cannot be incorporated as trial testimony unless (1) both parties consent and (2) the court allows wide latitude in cross exam. In this case, the trial court did not formally inquire of the defendant.  Since there was no testimony taken other than the motion, the court held that a reversal and remand for a new trial did not violate double jeopardy since it merely placed the defense in the position it should have been after the motion facing then trial.  The case is attached.

 Jeff  Gold

DWI Blood Warrants Held To Be Prospective Only

In State v Adkins, approved for publication, the NJ App Div. today has reversed the Glouc. Co. Law Div. and held that the requirement of McNeely DWI Blood draw warrant is a new rule of law that ought not be applied retroactively to the pipeline of pending cases. I suspect that the Supreme Court will grant certification if petitioned. But what will they do?

Jeff Gold

Court Runs Away From Its Own Alcotest Order

On 9/18/13 the Supreme Court turned tail and ran from the firmware change part of its own 5 year old Chun order, relieving the state of having to change the firmware at all.  Although dramatic, this changes very little as the State hasn’t changed even the most mundane firmware such as to daylight savings to date, and frankly I doubt they would have ever changed any software unless the decision today forced them to. The court has decided to maintain the status quo minus the firmware revisions, with a minor adjustment for 60 year old women.

Jeff Gold