New Jersey Criminal Defense Blog

MVC/DMV Can Suspend NJ DL for Florida DWI Two Years Ago.  

Carrasco v. N.J. Motor Vehicle Commission ___ NJ Super. ___ (App. Div. 2009)  Unreported. 05-2-4275

 

     The Motor Vehicle Commission’s two-year delay in suspending the appellant’s New Jersey driving privileges following his conviction and license suspension in Florida for driving under the influence of alcohol did not constitute double punishment, since an offender has no legal right to concurrent suspension periods. Nor did the delay constitute a factual dispute that would have entitled the appellant to an MVC hearing, since the reason for delay in the issuance and transmittal of notice by Florida officials was not material to the mandatory action taken by the MVC upon receipt of that notice.

 

Source: Daily Briefing June 24, 2009

After Juvenile Complaint Filed, No Miranda Waiver in Absence of Counsel. 

State in the Interest of P.M.P. ___ NJ ___ (2009) A-5156-07T4
The filing of the complaint and the obtaining of a judicially approved arrest warrant by the Camden County Prosecutor’s Office was a critical stage in the proceedings, and pursuant to N.J.S.A. 2A:4A-39B(1), P.M.P. had the right to counsel and could not waive that right except in the presence of and after consultation with his attorney counsel.  Therefore, the trial court properly granted P.M.P.’s motion to suppress his statement.

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