DWI Update 2020 - Advanced DWI Practice & Challenges to the New DWI/Interlock Statute

Events
- Event Details

Closed

Format/Skill Level:

Meeting

Location:

New Jersey Law Center
1 Constitution Sq. New Brunswick, NJ 08901

Date:

February 29, 2020

Time:

9:00 AM - 1:00 PM ET

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NJSBA & NJSBA Section/Committee members are eligible for special discounts - login to see your discounted rate for this program.

Presented in cooperation with the NJSBA Municipal Court Section

List Price: $215.00 USD

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Tuition:

General Tuition: $215

NJSBA Member Rate: $172

NJSBA Section Member Rate: $161

Co-Moderators/Speakers:
Greggory M. Marootian, Esq. Certified by the Supreme Court of NJ as a Municipal Court Trial Attorney Marootian Law Office, Livingston
Donna Sigel...

Tuition:

General Tuition: $215

NJSBA Member Rate: $172

NJSBA Section Member Rate: $161

Co-Moderators/Speakers:
Greggory M. Marootian, Esq. Certified by the Supreme Court of NJ as a Municipal Court Trial Attorney Marootian Law Office, Livingston
Donna Sigel Platt, Esq. Municipal Prosecutor - Winslow Twp, Voorhees Twp, Berlin Twp, Hi-Nella Borough and Chesilhurst Borough Donna Sigel Platt, PC, Stratford
Speakers include:
Hon. Jonathan H. Rosenbluth, JMC Chief Municipal Court Judge in Union Municipal Court Judge in South Orange, Union and Passaic
Steven W. Hernandez, Esq. The Hernandez Law Firm. PC, Toms River
John E. Hogan, Esq. Wilentz Goldman & Spitzer, PA, Woodbridge
Rachel Kugel, Esq. The Kugel Law Firm, Newark and NYC
Herbert H. Leckie, J.D. Field Sobriety Testing, Alcotest, and DRE Expert DWI-DRE Consulting Services, Inc., Lebanon
Ronald P. Mondello, Esq. Author, “Don’t Get Burned by Immigrant Clients—a NJ Criminal Defense Lawyer’s Guide to Avoiding “Ineffective Counsel” Claims” Law Offices of Ronald P. Mondello, Fairlawn
John Paul Velez, Esq. Forster Arbore Velez, Ledgewood

About The Program:

P.L. 2019 C. 248 was signed into law on August 23 2019 and took effect on December 1. It represents a significant overhaul of New Jersey’s DWI laws by decreasing the length of time that someone convicted of a DWI offense is prohibited from driving but increases ignition interlock device requirements for those offenses. To many, the law provides a much-needed solution to some loopholes that existed prior to the amendments. For others, it is still fraught with questions.

If you represent clients who are charged with driving while intoxicated or under the influence, you can’t afford to miss this important update. Experienced Municipal Court practitioners, judges and prosecutors will review the changes in the law and how they affect your clients. They will review the penalties and procedures, and discuss some of the questions that still remain.

They will also provide you with the latest information on representing foreign nationals in municipal court, will review the 12-step DRE process for determining whether a driver is under the influence of drugs or alcohol and will discuss the ramifications of some of the latest cases including State vs. Patel, which clarifies the standard for indigent and non-indigent defendants seeking Laurick relief.

Don’t miss this opportunity to learn everything you need to know about significant recent developments altering DWI practice in 2020 and beyond, including:

• The new Attorney General guidelines

• The ramifications of State vs. Zalcberg, in which the New Jersey
Supreme Court ruled, based on the totality of the circumstances and
giving “substantial weight” to the potential dissipation of alcohol in the
suspect's system, that a sufficiently objective exigency existed to justify a
warrantless blood draw.

• State vs. Olenowski – which analyzed whether Drug Recognition
Experts (DRE) evidence – which, in this case, included testimony that
defendant was under the influence of narcotics while driving –
admissible under the standard articulated in Frye v. United States.

• Post Conviction Relief Motions (PCR’s) under State vs. Patel and
State vs. Cassidy

• State vs. Sutherland – in which the court held that a traffic stop, made
without reasonable suspicion of illegal activity, and ultimately resulting
in defendant's indictment for fourth-degree operating a motor vehicle
during a period of license suspension for a second or subsequent DWI
conviction, was not lawful under the community caretaking doctrine.

• State vs. Mandel – in which the Court rules that an officer's momentary
intrusion into a vehicle for a reasonable purpose did not taint discovery
of probable cause for the search

• State vs. Anicama – whether a third or subsequent offender’s mandatory
prison term may be served on a periodic basis

• State vs. Dougherty and the Court’s analysis of what it means to
“operate a motor vehicle during the period of license suspension in
violation of [N.J.S.A.] 39:3-40.”

• State vs. Rodriquez - whether N.J.S.A.2C:40-26(c) -- which prescribes
a “fixed minimum” sentence of at least 180 days without parole
eligibility -- overrides N.J.S.A. 2C:43-2(b)(7)’s general sentencing
option, which allows a court to impose a sentence that is served “at night
or on weekends with liberty to work or to participate in training or
educational programs,” unless otherwise provided.

Program Agenda:

9:00	Welcome & Introduction of Panelists
9:10	New DWI/Interlock Law and legal challenges
10:25	Panel Discussion: The Ethical Considerations of Handling Challenging Issues in DUI and Refusal Cases
11:15	Break
11:30	“Crimmigration” - Are foreign nationals safe from DUI's?
12:00	The Fundamentals of Breath Testing, Marijuana DWI’s and DRE’s
12:30	New in 2018/2019 - Zalcberg & Olenowski; PCR Motions - Patel & Cassidy Protocol; A.G. Guidelines; New Website; Larsen; Sutherland & Mandel; Green & Anicama; Dougherty & Rodriguez
12:50	Questions and Answers
1:00	Adjourn

CLE Credits:

NJ CLE information: This program has been approved by the Board on Continuing Legal Education of the Supreme Court of New Jersey for 4.5 hours of total CLE credit. Of these,1.0 qualify as hours of credit for ethics/professionalism and 4.5 credits qualify towards municipal court certification.

NJ CLE:	This program has been approved for 4.5 credits (50 minute hour), including 1.0 ethics/professionalism
PA CLE:	3.0 substantive and 0.6 ethics credits pending ($16 fee – separate check payable to NJICLE must be submitted at the end of the program)
NY CLE (nt):	3.5 professional practice and 1.0 ethics credits
Municipal Court Certification:	4.5 DWI Refusal credits pending

Door Registration: $255
ICMCP147720

Would you like to fax your registration to us? Click here for PDF registration form.
Group Registrations: Interested in registering a group for this program? Click here for a PDF order form.
CANCELLATION POLICY: If you register & cannot attend, please notify NJICLE in writing up to 24 hours before the program to be eligible for a refund (less $20 processing fee) or, use your payment as credit toward another purchase within the next year. (Credit will expire one year from order date.)

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