E332 April 14, 2010 1. Prior refusal counts for 3rd DWI State v Ciancaglini 411 NJ Super. 280 (App. Div. 2010) In this appeal from a DWI conviction, after prior separate DWI and refusal convictions, this Appellate panel disagrees with the holding of State v. DiSomma 262 N.J. Super. 375 (App. Div. 1993), and hold that the prior refusal conviction does count toward making this a third offense. The court feels this holding is consistent with a line of cases both before and after DiSomma concluding that a prior DWI conviction counts toward enhancement of the sentence imposed for a refusal conviction. See, e.g., State v. Tekel, 281 N.J. Super. 502 (App. Div. 1995). The court also held that double jeopardy does not bar reinstatement of the sentence originally imposed in the municipal court for a third DWI offense, which was reduced in the Law Division to a sentence for a first DWI offense. 2. New trial ordered where Judge conducted questioning of defense expert State v. O’Brien 200 NJ 520 (2009) Defendant was entitled to face a single adversary, the State. He should not have had to bear the consequences of a judge who appeared to disbelieve him and his expert witness, revealed that disbelief to the jury, and supported a witness adverse to him. Because that conduct was clearly capable of producing an unjust result, a new trial is in order. 3. WILLS, PROBATE AND POWER OF ATTORNEY SEMINAR WHEN: Wednesday April 14, 5pm & Friday, April 16 12:15pm [Lunch & Law] Fee: no cost, includes sandwiches, soda, snacks and Brochures on Wills, “Probate and Administration of an Estate”, Power of Attorney, Living Wills, Real Estate Sales for Seniors, and Trusts. COST: Free if you preregister. This program is limited to 15 people Complimentary Sandwiches to preregistered persons prior to program SPEAKER: Kenneth Vercammen, Esq. (Author Answers to Questions About Probate) The new NJ Probate Law made a number of substantial changes in Probate and the administration of estates and trusts in New Jersey. Main Topics: 1. The New Probate Law and preparation of Wills
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