Municipal Court
Cell Phone Use While Driving
Governor Corzine signed into law an amendment to NJSA 39:4-97.3 which makes the use of a cell phone by a person whom is operating a motor vehicle a primary offense.
Read MoreThis means police may make a motor vehicle stop upon viewing this violation. The amended statute also makes it an offense to "text message" while driving. The amended law will go into effect on April 1, 2008.
Spring 2007 Rulings
Two municipal court decisions of late were noteworthy. In State v. Breslin, decided May 9, 2007, the Appellate Division held that a prior conviction for DWI refusal (to submit to breathalyzer tests) may be considered by future courts as a prior conviction. This means that subsequent convictions for DWI, which would otherwise be treated as first offenses, are now treated as second offenses.
Read MoreMoreover, in State v. Dorman, an Appellate Division decision from May 11, 2007, the court held that despite the U.S. Supreme Court's decision in Crawford v. Washington 541 U.S. 36 (2004) and the N.J. Supreme Court's holding in State v. Garthe, 145 N.J. 1 (1996), a breathalyzer machine certificate of operability is admissible as a business record under N.J.R.E. 803(c)(6) (the business records exception).
