A decision issued by the U.S. Supreme Court last year limits the ability of police to take a blood sample from a DWI suspect without consent or a warrant. Missouri v. McNeely, 133 S.Ct. 1552 (2013). The Fourth Amendment protects people from unreasonable searches and seizures, and generally requires law…
Articles Posted in Defending the Case
New Jersey DWI Defendant Challenges Alcotest Results, Citing Missing Device Maintenance Records
The New Jersey Superior Court, Appellate Division considered the appeal of a DWI defendant in State v. Lobo that challenged the admissibility of Alcotest results. The defendant argued in part that the state’s failure to provide him with complete repair and maintenance records for the device used to test his…
Hundreds of DWI Cases in Question After Laboratory Reports Errors Involving Blood Samples
A series of errors by a private laboratory testing company has called hundreds of pending DWI cases into question. Blood samples sent to the lab were reportedly mislabeled, or were subject to other paperwork errors, resulting in uncertain test results. Prosecutors are trying to determine whether retesting is possible, while…
New Jersey Supreme Court Dismisses DWI Charge, Finding that Defendant’s Right to a Speedy Trial Was Violated
The Sixth Amendment to the U.S. Constitution guarantees criminal defendants the right to a speedy trial. If this right is denied, the court may dismiss the charges. The New Jersey Supreme Court considered this issue in New Jersey v. Cahill, ruling in early April 2013 that a sixteen-month wait for…
NJ DWI First Offense Cases
As a New Jersey DWI lawyer, my goal is always to do the best job for my client, which means seeking to get the DWI dismissed. If that cannot be accomplished based on the circumstances of the case, then the next goal is to seek a reduction of the suspension…
New Jersey DWI defense strategy: When other serious charges may affect your outcome
A New Jersey DWI charge is very serious and has significant consequences if you are convicted. As a result, your defense must be thoroughly planned and executed to obtain the best results possible. It is always the goal of the qualified DWI defense attorney to attempt to have a DWI…
“All Sizzle and No Beef?” – Hiring the Right NJ DWI Lawyer
I just finished meeting with a NJ DWI client, prepping him for a potential trial. The client said to me that when he chose my law firm, he had spoken with other attorneys trying to decide which law firm was best for him. He wanted to know whether I was…
Was the Vehicle “Operated” Prior to Your NJ DWI Arrest?
In a New Jersey DWI case, the prosecutor must prove the basic elements of the offense. The simplest of those elements is whether the individual arrested actually operated the motor vehicle. Often, New Jersey DWI arrests are made as a result of tip call, or someone calling into the police…
Hiring an “Affordable” DWI Lawyer
As a New Jersey DWI lawyer that only practices DWI law and nothing else, the first question I am often asked is, “What is your fee?” I don’t like that question, because it doesn’t take into account the reality of why a person is searching for a lawyer to defend…
Evan Levow Selected to Best Lawyers in America® for the Fifth Consecutive Year!
As a New Jersey DWI lawyer who vigorously fights for my clients, I am honored to have been selected to Best Lawyers in America® for the fifth consecutive year. Today, I received the following email from Steve Naifeh, President of Best Lawyers: “Congratulations on having been selected by your peers…