Articles Posted in Case Summaries

A charge for underage gambling in New Jersey can have serious and lasting consequences. If convicted, this will lead to a permanent charge on your record which will appear on background checks conducted by educational institutions and potential employers. This can have a significant negative impact on a young person and their future.  A criminal charge for underage gambling in New Jersey is governed by N.J.S.A. 5:12-119 which provides in pertinent part:

N.J. Stat. § 5:12-119 (2010) Gaming by certain persons prohibited; penalties; defenses

a. No person under the age at which a person is authorized to purchase and consume alcoholic beverages shall enter, or wager in, a licensed casino or simulcasting facility; provided, however, that such a person may enter a casino or simulcasting facility by way of passage to another room, and provided further, however, that any such person who is licensed or registered under the provisions of the “Casino Control Act,” P.L. 1977, c. 110, may enter a casino or simulcasting facility in the regular course of the person’s permitted activities.

My law firm recently represented a client charged with a driving while intoxicated (DWI) offense in Wall Township, New Jersey in Monmouth County.

This was the client’s first DWI charge and the breath test readings were .07% Blood Alcohol Content (BAC). Although this is not a “per se” violation of the statute because the legal limit in New Jersey is .08%, the State can still prove a DWI charge using the psycho-physical tests. These are the field sobriety tests performed by law enforcement officers at the scene of the drunk driving stop.

A first offense DWI charge in New Jersey has the following penalties with a breath reading of .07%:

Here are a few case summaries of important case law in New Jersey regarding w operation of a vehicle:

State v. Mulcahy, 107 N.J. 467 (1987)

The important precedent from this case is that the key to establishing operation is whether or not the defendant intended to operate the vehicle. The Supreme Court of New Jersey held that police officers, who saw defendant, who was drunk, stagger out of tavern into car that was illegally parked on sidewalk, could arrest defendant for purposes of submission to sobriety test when defendant started to put keys in the ignition. The defendant’s attempt to place keys in the ignition was “operation” of motor vehicle sufficient to warrant submission to the breathalyzer test.

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