The New Jersey Police Chief Magazine | May 2025
Continued from previous page The provisions of this bill take effect immediately and apply to any offense occurring on or after the effective date. The bill’ s provisions expire on January 1, 2029 to conform to the expiration of P. L. 2019, c. 248 and P. L. 2023, c. 191 which also expire on January 1, 2029 and concern the installation of ignition interlock devices.
Pre-Court Installation of Interlock Device of persons pending a DWI Drivers required to make multiple trips to MVC when they install interlock pre-court Interlock of New Jersey advises that MVC will require any offender who installs pre-court to return to Motor Vehicle a second time in order to start their sentence.
MVC sees the new law as not giving credit to offenders for interlock time served prior to conviction. They contend that the sentence lengths post-conviction will remain the same. As a matter of process, they will need a start time for the interlock requirement and will need the offender to return to MVC with a second certificate from the interlock provider. Once they return to MVC with this certificate, the sentence of the judge will begin from that date.
The following advice came from Jason Gooberman, President of Interlock of New Jersey: Here are the steps for the offender:
Pre-Conviction Bring ticket to interlock provider and have interlock installed. Take pre-conviction installation certificate, work order and invoice, provided by interlock company to MVC and apply for restricted use license. MVC will give paper document if approved and send actual license in the mail. The license is the proof of pre-court installation to be used at court.
Post-Conviction Must get Order & Certification from the court. Contact interlock provider and coordinate exchanging the Order & Certification for a post-conviction installation certificate to rectify that interlock is still installed. Return to MVC and present the recertification. MVC will notate drivers record indicating that interlock is installed. The date of this event will mark the beginning of their interlock sentence. Without this return trip, their interlock time will not start- so if you have any clients who have installed pre-court and have been sentenced, let them know to reach out to their interlock provider for recertification and to make the trip to MVC in order to start their sentence.
More details at IDNJ. com Supreme Court DWI plea bargain are allowed per new DWI statute effective February 23, 2024
AOC tried to oppose … NJ Supreme Court officially removed Guideline 4 which had prohibited plea bargaining of DWIs in the Municipal Court. The Court order is expressed as comity with the Legislature ' s view in the recent DWI statute amendments. This changes 40 plus years on prohibition on DWI plea bargains. The Supreme Court recognized the new plea-bargaining statute which became effective on February 19, 2024. L. 2023, c. 191, §§ 2, 9.
DWIs can possibly be plea bargained as long as there ' s a factual basis. Accordingly, in the interest of comity, the Court adopts the statement of policy in the amendment to N. J. S. A. 39:4-50 and withdraws Guideline 4.
Hearing on reliability of new DWI Alcotest Machine 9510 & stay on use at trial State v. Cunningham Order Docket # 087913 The Supreme Court granted direct certification in State v. Cunningham,( A-38-22) to address the use of the new Alcotest 9510, which the State represents is being used as a replacement for the Alcotest 7110 in driving while intoxicated( DWI) cases due to the manufacturer’ s discontinuation of the 7110 device.
The Court imposed a limited stay of affected DWI matters, and appointed Judge Richard J. Geiger, J. A. D., to serve as a Special Master to develop a record, conduct hearings, and make findings and conclusions regarding the scientific reliability of the Alcotest 9510. This appointment is in addition to Judge Geiger’ s regular Appellate Division assignment and responsibilities.
The State having opened this matter with the Court to address the use of the new Alcotest 9510, which the State represents is being used as a replacement for the 7110 due to the manufacturer’ s discontinuation of the 7110 device and the unavailability of certain replacement parts that are necessary for the 7110’ s operation, and
ORDERED that the matter is remanded to the Special Master to develop a record, conduct hearings, and make findings and conclusions regarding the scientific reliability of the Alcotest 9510, which proceedings shall be scheduled on an accelerated basis; and it is further
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