DWI Conviction in NJ reversed because State failed to turn over Alcotest repair logs
On August 31, 2010, in an unpublished opinion, the Superior Court of New Jersey Appellate Division reversed a lower court conviction for DWI/DUI where the State failed to turn over historical data and repair logs for the police Alcotest. State of New Jersey v. Maricic. While these documents are not foundational documents necessary for the State to obtain a conviction, they are documents that would challenge the reliability of the Alcotest. This case begs the question of what happens when the State says that they do not have repair logs. For a long time, the State has been able to shirk its responsibility to turn over repair logs by denying that any such documents exist. Now that the appellate division says Defendants are entitled to such documents, the fight to show that the State fails to properly maintain repair logs in on!
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The short answer is no! Some say New Jersey is a right to work state which really means a right to be fired state. Some employers cloak their discriminatory intent under this guise. When the cloak is peeled back, we can often see that their true reason for firing an employee violated the law. “To establish a prima facie case of discriminatory discharge, the plaintiff must prove:(1) that he or she is a member of a protected group;(2) that he or she was performing his job at a level that met his [or her] employer’s legitimate expectations;(3) that he or she was nevertheless fired; and (4) that the employer sought someone to perform the same work after he or she left.”- in 
August 13, 2010
If you are charged with an act of domestic violence, any weapons you have will probably be seized. What you will be surprised to find out is what the Prosecutor’s Office considers a weapon. It may be your car, a laptop, cell phone or your favorite Ipod. You may also be surprised to find out that you may never get these items back even if you are exonherated of the charges..jpg)
Edward Harrington Heyburn successfully convinced the Mercer County Prosecutor’s Office to dismiss 2nd Degree Armed Robbery charges against a Pennsylvania man on March 16, 2010. The client has been incarcerated in the Mercer County Correctional Center since the Fall of 2009. In the underlying case, the State alleged that the Pennsylvania man used a gun to rob approximately $200 from a Trenton resident on his way to the train station. During the course of Mr. Heyburn’s investigation, it was discovered that the alleged victim had a cell phone and did not call police immediately after the incident. It also appeared that the alleged victim walked past NJ Transit Police at the train station, never telling them he was robbed. The alleged victim did not call the police until after he boarded the train and called his mother to tell her what happened.
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