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Marijuana Possession NJ

  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 is not considered a prior DWI

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...]

What conduct constitutes resisting arrest or eluding ?

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...]