Robert W. Ratish: December 2009 Archives

December 31, 2009

Traffic Stop in Westwood Leads to Charge for Underage Possession of Alcohol

Police in Westwood stopped a driver to discover that the 19-year-old Fair Lawn woman had an empty bottle of liquor in the car. Police read her rights and upon further questioning, discovered two more bottles, one empty and one half-empty.

The woman was placed under arrest and charged with underage possession of alcohol, having an open container of alcohol in a vehicle, and making an improper U-turn.

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December 29, 2009

Bergen County Municipal Court Directory

Click the link below for an alphabetical directory of Bergen County Municipal Courts.

Continue reading "Bergen County Municipal Court Directory" »

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December 18, 2009

Bag Thrown out Car Window Leads to Possession Charges

Police in Paramus followed a car travelling at a high rate of speed out of Garden State Plaza on December 4. When the driver threw a bag out the window, police stopped the car.

According to police, the bag contained several smaller bags of marijuana. The driver and two passengers were arrested and charged with possession of marijuana.

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December 2, 2009

Appellate Court Ruling Could Help State Prosecute DWI

An Appellate panel ruled that a police officer who monitors a DWI suspect for 20 minutes prior to an Alcotest does not have to be the same officer who then administers the test, overturning a lower court ruling and making it easier for prosecutors to convict DWI defendants.

An officer must monitor a driver suspected of DWI prior to administering the breath test as a way to guard against inaccurate results. The New Jersey Supreme Court mandated that specific procedures be followed in administering the test in its 2008 ruling in State v. Chun. Today's ruling said that the 20-minute period required by State v. Chun was meant to make sure a defendant did not do anything that could affect the test results. However, the requirement should not be read so literally as to unduly restrict the state from using the test to prosecute DWI cases.

The ruling came out of a Morris County case in which Joel Ugrovics was arrested for DWI. He blew above the legal limit for blood alcohol content and pleaded guilty in Riverdale Municipal Court, but later appealed to Superior Court which overturned the conviction. The Appellate Division reinstated the guilty plea and remanded to the lower court.

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