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DWI ruling retroactively applied by N.J. Supreme Court

Posted by Matt Rooney | May 04, 2015 | 0 Comments

State v. Adkins blood draw case will impact currently pending cases

Our attorney Richard A. DeMichele, Jr. previously told you about the Missouri v. McNeely case in which the U.S. Supreme Court ultimately ruled to require police to obtain a search warrant before taking a blood from suspected intoxicated drivers.

Here's a major update: on May 4th, our state's own Supreme Court decided in State v. Adkins that the Missouri v. McNeely is retroactively applicable to blood-draw cases currently pending trial or appeal throughout New Jersey. While holding “potential dissipation of the evidence may be given substantial weight as a factor to be considered in the totality of the circumstances,” the New Jersey High Court concluded, in a unanimous opinion by Justice Jaynee LaVecchia, that it had no choice but to follow the SCOTUS decision “notwithstanding that our case law, like that of many sister states, had provided de facto, if not de jure, support for law enforcement to believe that alcohol dissipation in and of itself supported a finding of exigency for a warrantless search of bodily fluids in suspected driving under-the-influence cases.” You can click here to read the full opinion. DWI laws are always evolving and the consequences of conviction remain severe including possible fines, loss of license, or even incarceration. Don't take a chance with your life! If you or someone you know is facing DWI or refusal charges in a New Jersey Municipal Court, contact the municipal court defense lawyers at DeMichele & DeMichele today. We are here to defend the charges against you. Contact us now for your confidential and free initial consultation. You can also reach us by telephone (856) 546-1350. _____

About the Author

Matt Rooney

Practice Areas: Family Law (including Divorce, Alimony, Child Support, and Domestic Violence); Municipal Court; Personal Injury; Residential Real Estate; Civil Litigation; Collections.


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