I’m frequently asked, “Mr. Gravatt, I’ve been charged with possession of marijuana or other contraband. Am I going to go to jail if convicted?”
For marijuana, the answer is probably not. On a first offense with conditional discharge, there’s virtually no chance of prison time being assessed. On a second or … [Read More...]
Defendant’s prior refusal conviction held not to be considered as a prior DWI violation for enhancement (of sentence) purposes
From 1993 onward, State v. DiSomma, 262 N.J. Super 375 (App. Div. 1993), stood for the proposition that a prior conviction for refusal (to take a breathalyzer test) pursuant to N.J.S.A. 39:4-50(a)(2) could not enhance … [Read More...]
STATE v. ABDOLRAZEK AND THE NEW “STRICT LIABILITY” STANDARD OF REVIEW FOR SECOND DEGREE ELUDING BY AUTOMOBILE
What conduct constitutes resisting arrest or eluding ?
Under N.J.S.A. 2C:29-2(a), a person who purposely prevents, or who attempts to prevent, a law enforcement officer from … [Read More...]