Close

Articles Posted in Defending the Case

Updated:

Courts Change Procedures for Issuing Warrants After Supreme Court Limits Warrantless Blood Testing of DWI Suspects

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…

Updated:

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…

Updated:

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…

Updated:

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…

Updated:

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…

Contact Us