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Significant Case Law NJ

 

SIGNIFICANT CASES

Kevin Leckerman wrote the briefs for and/or argued the following drunk driving cases before the Appellate Division of New Jersey.

State v. Sylvia, (App. Div. 2012)
  1. The Appellate Division admonishes all municipal court judges and prosecutors to establish territorial jurisdiction in a DWI prosecution
State v. Kent, 391 N.J. Super. 352 (App. Div. 2007)
  1. Constitutional rights of confrontation in the Sixth Amendment extend to drunk driving prosecutions in the municipal court;
  2. State Police laboratory report and related worksheets were testimonial in nature under United States Supreme Court decision in Crawford v. Washington;
  3. Blood test certificate prepared by hospital employee who had extracted blood from a suspected drunk driver at police officer’s request was also testimonial in nature
State v. Renshaw, 390 N.J. Super. 456 (App. Div. 2007)

Admission of certification of blood draw taken in a medically acceptable manner absent defendant having opportunity to cross-examine nurse who prepared certification violated defendant’s confrontation rights under Federal and State Constitutions.

State v. Lord, 2006 WL 2827366 (App. Div. 2006) unreported

Reasonable suspicion needed to require a suspected drunk driver to submit to field sobriety tests.

By Kevin Leckerman

Attorney Kevin Lekerman
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