1 Proof of intoxication can be based on a police officer's observations

2. Court affirmed Dyal subpoena

3. DWI affirmed finding ample evidence in the record to support defendant's conviction, including the arresting officer's testimony and the MVR footage.

4. June 30 Bar Anticipation MICHAEL K SHOW 3PM With Moroccan Sheepherders

5. Summer Running

6. Lexi dog helping out in office

1. Recent cases Proof of intoxication can be based on a police officer's observations State v. Jaggie

Defendant appealed his conviction and sentence for DWI and refusal to submit to a breath test. At trial, the arresting officer testified that he witnessed defendant's vehicle veer sharply over the center line in the Lincoln Tunnel. The officer stated that as he spoke with defendant, he detected the strong odor of alcohol and noticed that his eyes were watery and bloodshot. Defendant claimed that he had consumed two beers earlier that night. Another officer arrived to administer field sobriety tests, but defendant was unable to perform any of the tests satisfactorily. Defendant was arrested and transported to police headquarters where he refused to provide a breath sample. Defendant testified in his own defense, claiming that he had respiratory and sleeping difficulties that affected his physical performance.

Defendant also presented an expert in field sobriety tests who opined that none of the tests during defendant's traffic stop were performed correctly. The expert further opined that sleep conditions could affect a person's ability to drive and perform field sobriety tests. The municipal court sustained the state's objection to the expert's testimony regarding whether defendant had a sleep disorder diagnosis. The municipal court found defendant guilty of DWI and refusal, crediting the testimony of the police officers.

The Appeal court held that there was sufficient credible testimony from the police officers for the municipal court to find that defendant was operating his vehicle while intoxicated and refused to submit to a breath test. The court further affirmed the state's objection to a portion of the defense expert's testimony, ruling that the testimony sought to impermissibly introduce a hearsay expert opinion of a medical diagnosis that the expert had read in one of defendant's medical reports, especially where the expert had no medical expertise. Source Daily briefing 12/8/22

2. Court affirmed Dyal subpoena State v. Ross

State appealed the denial of its search warrant application for a bullet and a Dyal subpoena for hospital medical records pertaining to surgery to remove the bullet. Daily Briefing January 04, 2023

State appealed the denial of its search warrant application for a bullet and a Dyal subpoena for hospital medical records pertaining to surgery to remove the bullet. Defendant was shot in an exchange of gunfire with police officers and was treated at hospital in December 2017. He was indicted on multiple counts of first-degree attempted murder, second-degree aggravated assault, fourth-degree aggravated assault and weapons offenses in February 2018. In July 2018, prosecutor asked hospital if any bullet or metal fragments had been removed from defendant's body during his treatment. Hospital replied a bullet in defendant's abdomen had not been removed during emergency surgery. Motion judge denied State's motion to compel discovery in October 2021. Defendant had elective surgery in June 2022 to remove the bullet in his abdomen. Hospital informed police of the removed bullet and prosecutor applied for a search warrant. Motion judge denied the application, finding it tantamount to a motion to compel defendant to turn over potentially incriminating evidence. Court found motion judge erred by treating the search warrant application as if it were the functional equivalent of a motion to compel reciprocal discovery. The reciprocal discovery process implicated different constitutional rights than those raised by the issuance of a search warrant. Defendant's right to conduct a defense investigation did not foreclose State from obtaining a warrant to seize tangible evidence in the custody of a third party

3. State v. Mongillo DWI affirmed finding ample evidence in the record to support defendant's conviction, including the arresting officer's testimony and the MVR footage.

Defendant appealed his conviction for DUI, refusal to submit to breath testing, reckless driving, and failing to maintain lane, following a trial de novo. Prior to the municipal court trial, the parties stipulated to the admission of mobile video recording. The state presented the testimony of the arresting officer, who testified regarding his observations of defendant's driving and his behavior, and the attempts to have defendant perform field sobriety testing. The municipal court convicted defendant on all counts based on the officer's testimony. The municipal court also relied on the officer's testimony regarding his efforts to have defendant submit to breath testing to find that defendant failed to provide unequivocal assent to the test, which constituted a refusal. Defendant sought a trial de novo, arguing that the prosecutor's reference to the failure of defendant's co-worker to testify constituted plain error and that the municipal court erred in admitting evidence of defendant's field sobriety testing. The trial court rejected defendant's arguments and affirmed his conviction, finding that the municipal court's judgment was based on the arresting officer's first-hand observations and not on any consideration of field sobriety test results. The trial court also noted that the officer's testimony was corroborated by the MVR. On appeal, the court affirmed, finding ample evidence in the record to support defendant's conviction, including the arresting officer's testimony and the MVR footage, which the court held was considered by the trial court. source. Daily briefing 12/30/22

4. June 30 Bar Anticipation MICHAEL K SHOW 3PM With Moroccan Sheepherders

WITH SPECIAL CELEBRITY GUESTS. FREE SUMMER STAGE EVENT!

https://bar-a.com/entertainment-calendar/action~month/exact_date~1688184000/request_format~json

Free ticket available for Cousin Brucie w Hermans Hermits concert at PNC Holmdel is rescheduled to July 13 Thursday night 730 contact

https://www.gsafoundation.org/events.html

5. Summer Running

June 29 6am JSRC "Rise n' Shine" - THURSDAY AM Group Run

Thursday mornings 6:00 AM - Belmar

The JSRC is pleased to announce our newest group run. Going by the name "Rise 'n Shine", it's geared toward runners who like to get up and get their run done before starting

their work day. This group meets every Thursday around 6:00 a.m. on the boardwalk in Belmar, near Dunkin Donuts. ( 16th Avenue & Ocean Avenue) Members and non-members are invited to join in on the run.

https://www.jsrc.org/group-runs

Summer Freezing Cold Hash Run Not a race

July 29, 2023 10:17am

Start 415 S. Riverside Dr

Neptune, NJ 07753

[Shark River Hills]

Trail set by “hare” The Senator Ken Vercammen (The runner in the red, white & blue flag shorts Captain America)

To help out email to Kenvnjlaw@yahoo.com

Look for the Hash skull banner at the start. Wear skull or pirate clothes.

Two beverage stops, Walker/auto trail . You don’t even need to run.

Prizes provided by Kenneth Vercammen Law Office

$5.00 Hash cash if not already on the Rumson HHH email list.

No Fee for Rumson HHH that have set a trail in past year.

Bring your beach chair.

Upcoming Running Races

6/26/23 President Cup 5k Millburn 8pm

https://runsignup.com/Race/NJ/Millburn/InvestorsBankPresidentsCupNightRace

Presidents Cup 5k Coed Team/Champ/Wildcard USATF

7/1/23 Bradley Beach Jack Wright Swim

https://www.bradleybeachnj.gov/wp-content/uploads/2022/12/2023-MILE-SWIM-REGISTRATION-1.pdf

7/1/23 Red, White and Blue 5K

Sat July 1, 2023 CJRR Clark

https://runsignup.com/Race/NJ/Clark/OakRidgeParkRedWhiteBlue5K

07/04/2023, Wall Firecracker 5mile

Tuesday 8:30 am

https://runsignup.com/Race/NJ/WallTownship/WallFirecracker5

Wall Township Municipal Complex

July 8 Spring Lake Ocean Mile Swim Saturday 8:00AM https://www.raceforum.com/slswim

July 9, 2023 Monroe Central VFW Post 262 - 5K Sun at the Monroe Soccer Complex, Prospect Plains Rd, Monroe Township

https://runsignup.com/Race/NJ/MonroeTownship/MonroeCentralVFW2625KRunWalk

RVRR Summer series 7/11, 7/26

Tuesday night Raritan Valley Road Runners RVRR 5k summer series Highland Park Donaldson Park 7pm https://www.rvrr.org/races/summer-series

7/12 Woodbridge Pizza 4 miler Wednesday Wakefern Shoprite supports

https://runsignup.com/Race/NJ/Sewaren/DowntownWoodbridge4MilePizzaExtravaganza

July 15, 2023 Long Branch Run>Swim>Run Long Branch Run>Swim>Run Sat Long Branch, NJ 07740 US Directions

https://www.trisignup.com/Race/NJ/LongBranch/LongBranchRunSwimRun

7/15 Sea Bright Andy Rooney Ocean Mile Swim 7:30AM Saturday

https://raceforum.com/sbswim

same as Long Branch

July 15 Annual Bar Crawl Belmar Train Station, 846 10th Ave Hash Five Mile five bar Rumson 10:17 Formerly ten mile, ten bar DMW / Cumby

07/16/23 Manasquan Ocean Mile Swim 8:00AM Sunday Sun Manasquan Ocean Mile Swim AND 1/2 Mile swim Manasquan, New Jersey Open water swim - Open Water Swim

https://www.raceforum.com/squanswim

July 23, 2023 East Brunswick 5K Run/Walk Supporting Veterans VFW 9am Sun Wakefern Shoprite

https://runsignup.com/Race/NJ/EastBrunswick/Benefit5KRunWalk

7/29 Summer Freezing cold hash run FCH Neptune Shark River Hills

July 30, 2023

JFK Medical Center Miles For Minds 5K 9am Sun Wakefern Shoprite

https://runsignup.com/Race/NJ/Edison/JFKMedicalCenterMilesForMinds5K

Freehold FARC summer RACE DATES: Every Wednesday night June -July

Monmouth Battlefield

LAKE TAKANASSEE SUMMER SERIES

Event Dates: Monday Nights, July 3, 17, 24, August 7 and 21, 2023

Event Location: Lake Takanassee – 800 Ocean Avenue, Long Branch, N.J. – Parking behind St. Michael’s Roman Catholic Church

https://www.shoreac.org/schedule-of-events.html#/

__ RVRR pub crawl

8/5/23 Sea Girt 5K – Saturday http://seagirt5k.com

8/6 Long Branch 1 Mile Ocean Swim

https://www.facebook.com/events/687522086124687/?ref=newsfeed

8/12/23 Asbury Park Sheehan Classic 5k – Saturday SAC

https://runsignup.com/Race/NJ/AsburyPark/AsburyPark5K

8/13 Dillon Wall High School Ocean Mile Swim in Sea Girt https://raceforum.com/27th-wall-ocean-mile-swim 8:00 am

8/19 Bradley Beach 5k Sat 8:30am https://runsignup.com/Race/NJ/BradleyBeach/BradleyBeach5K

August 27 Cross Country 5k USATF

https://runsignup.com/Race/NJ/PeapackGladstone/USATFNJOpenMasters5kCrossCountryChampionships

August 27 -JSRC Day at the Races

9/2/23 Belmar Five Mile Run

https://www.belmar5.com/Race/NJ/Belmar/BelmarFiveMileRun

Sep 4 Wilkes Barre 5kMon 9:00 AM Monday Luzerne Labor Day 5k Benefiting St Jude’s Children's Research Hospital https://falconracetiming.com/event/labor-day-5k-wilkes-barre-pa-2/

9/9 Fallen Heroes Memorial Run Bar Anticipation, Lake Como 5k 9:00

Fallen Heroes 5k

September 11, 9/11 Remembrance Run JSRC , Belmar, NJ – JSRC Club Event boardwalk 3 mile not a race free https://www.jsrc.org/9-11-memorial-run

9/16 Neptune 5k Pound the Pavement for Purple 5K https://runsignup.com/Race/NJ/Neptune/PoundthePavementforPurple

More Central Jersey & Shore charity races at:

Raritan Valley Road Runners www.rvrr.org

Jersey Shore Running Club http://www.jsrc.org/webpages/races.htm

Freehold Area Running Club www.farcnj.com

Metro Race Forum www.raceforum.com

https://newjersey.usatf.org/disciplines/long-distance-running/long-distance-running-calendar

https://www.compuscore.com/upcoming-races

https://www.linmarksports.com/events