2. DWI Guilty Plea Reversed where No Reasonable Suspicion Under the Influence.State v. Maclay, App. Div.Docket No. A-4542-10T4) Unreported.
Defendant appealed from the order of the Law Division, denying de novo his motion to suppress a motor vehicle stop that led to his arrest and conditional plea to driving under the influence. The Law Division sustained defendants objection to consideration of the 911 recording, finding the state violated its continuing duty to provide it; defense counsel did not have an opportunity to cross-examine witnesses regarding it; and he did not have the opportunity to argue its significance before the municipal court.
The appellate panel found the state failed to present sufficient facts on which one could draw a reasonable and articulable suspicion of driving under the influence. There was no observation of inebriation or alcohol consumption before defendant entered his vehicle; nor was there any record evidence - after suppression of the 911 recording - that defendant was observed driving erratically, or unusually, or in violation of other motor vehicle laws. The panel reverses and remands to the municipal court to allow defendant to withdraw his conditional guilty plea.
Source-Daily Briefing - March 1, 2012
3. Judge is Reprimanded for Helping Prosecutor in DWI Trial.In the Matter of Gregory R. McCloskey, Judge Docket ACJC 2010-283Unreported
A municipal judge who fed questions to the prosecutor during an ex parte chat in a drunken-driving case was publicly reprimanded on Feb. 24. The state Supreme Court agreed with the Advisory Committee on Judicial Conduct that Gregory McCloskey undermined confidence in the benchs independence and impartiality by showing a preference for the prosecution and should have disqualified himself. According to the ACJC presentment, McCloskey directed the prosecutor - outside the presence of defense counsel - to ask two questions of a witness that were specifically central to the States case and specifically critical to the defense theory.
4. New statewide ban on the manufacture, distribution, sale, and possession of any of the hundreds of dangerous, manmade chemicals designed to mimic the effects of marijuana.
Attorney General Jeffrey S. Chiesa announced a statewide ban on the manufacture, distribution, sale, and possession of any of the hundreds of dangerous, manmade chemicals designed to mimic the effects of marijuana, commonly known as synthetic marijuana, K2, or Spice.
Attorney General Chiesa noted that the ban, issued by the Division of Consumer Affairs, is much more comprehensive than previous efforts to eliminate synthetic marijuana. It includes both broad and specific language that includes all possible variants of the drug.
The names of Kens teams are US Olympic Development 1, RVRR Beer Mile Champs, and US Olympic Development 3 [just trying to finish] and our masters, known as The Legends of Belmar. We will have runners from several running clubs, including RVRR, JSRC, CJRR & Sandy Hooker Tri Club and Rumson Hash.
You do not need to be a member of USATF or any club to be on a team. We would like 30 people of different abilities.
Post Race Activities -
Enjoy a complimentary massage and stop by the sponsor and merchant tables in Silver Lake Park, for sampling and giveaways.
Team awards, music and Beach party, after the race at Bar Anticipation.
Bring your Belmar Five Mug - mug discounts all day after the Race!
Bar Anticipation - 703 16th Avenue, Lake Como (formerly South Belmar)
6. Coming Soon... Mobile App for Iphone and other SmartPhones!
Editorial Assistance provided by Kylie Cohen. Ms. Cohen will be entering her second year at Seton Hall University School of Law. She is currently participating in Kenneth Vercammens Summer Internship Program.