Law Division can find defendant guilty on observation DWI even if Municipal Court found guilty on per se .10 violation only

Law Division can find defendant guilty on observation DWI even if Municipal Court found guilty on per se .10 violation only. State v. Kashi 180 NJ 45 (2004). The New Jersey Supreme Court affirmed substantially for the reasons expressed by the Appellate Division in its opinion reported at 360 N.J. Super. 538 (2003). Double jeopardy is not implicated in a case where the Law Division in a trial de novo convicts on the charge of driving while intoxicated based on the evidence of the police officer's observations even though the Municipal Court concluded that the evidence was insufficient. Kenneth Vercammen is a Litigation Attorney in Edison, NJ, approximately 19 miles north of Princeton. He often lectures for the American Bar Association and New Jersey State Bar Association on personal injury, criminal / municipal court law and practices to improve service to clients. He has published 125 articles in national and New Jersey publications on legal topics. He has served as a Special Acting Prosecutor in seven different cities and towns in New Jersey. He has spoken on Wills and Elder law on numerous occasions to the Adult Community Schools in Metuchen, Sayreville, Old Bridge, South Brunswick and Edison/Clara Barton Seniors and Perth Amboy Seniors.
In his private practice, he has devoted a substantial portion of his professional time to the preparation and trial of litigated matters. He has appeared in Courts throughout New Jersey several times each week on many personal injury matters, Municipal Court trials, arbitration hearings and contested hearings.
He is also a popular speaker for the American Bar Association's General Practice Section and Law Practice Management Section.


For representation in DWI, criminal and trial matters, contact Kenneth Vercammen at 732-572-0500