11. Commercial Vehicle could be searched during routine safety inspection
State v. Hewitt
400 NJ Super. 376 (2008)
A police officer who makes observations during a routine safety inspection of a commercial truck that reasonably lead him to believe it contains a hidden compartment containing contraband is not required to obtain a search warrant before undertaking to confirm the existence of the hidden compartment and determine its contents.
12 Appellate Division Cannot Amend Refusal Statement. State v. Spell 142 NJ 514 (2008)
The Court affirms defendants conviction substantially for the reasons expressed by the Appellate Division. The Court vacates that part of the Appellate Divisions holding that requires police officers to read the final, additional paragraph of the standard statement whenever a defendant refuses to provide a breath sample immediately upon request. The Legislature has vested in the Motor Vehicle Commission the authority to determine the Standard Refusal Statement.
13. Appellate Division in dicta Says All 3rd Offense Unsafe Have 4 Points. Patel v. MVC 403 NJ Super. 373 (App. Div. 2008)
New Jersey’s unsafe driving statute, N.J.S.A. 39:4-97.2, provides that the Motor Vehicle Commission shall assess the driver points for a third or subsequent offense. The statute also affords relief from the assessment of points when an offense is committed more than five years after a prior offense. In this appeal, the court has construed that language to apply only to offenses that occur after the third offense. Cert granted. Oral argument held
14. No Plea Bargain of DWI on Appeal. State v. Rastogi 403 NJ Super. 581 (Law Div. Decided October 27, 2008)
The Law Division may not accept a plea bargain to resolve a de novo appeal on the record of a municipal court conviction of driving under the influence.
15. School Principal May Search Car on School Grounds if Reasonably Suspect Criminal Activity. State v. Best 403 NJ. Super. 428 (App. Div. 2008) [cert granted]
A school principal may search a student’s car parked on school grounds whenever, under the totality of the circumstances, the principal reasonably suspects that evidence of criminal activity will be found in the vehicle. In light of the strong State interest in maintaining order, safety and discipline in the school environment, neither probable cause nor a warrant is required.
KENNETH VERCAMMEN & ASSOCIATES, PC
ATTORNEY AT LAW
2053 Woodbridge Avenue, Edison NJ 08817
732-572-0500
www.njlaws.com
Post time: Oct-02-2017