A third exception to the search warrant requirement is the automobile exception. The automobile exception to the warrant requirement is shown, according to the United States Supreme Court, “if a car is readily mobile and probable cause exists to believe it contains contraband.” Pennsylvania v. Labron, 518 U.S. 938, 116 S.Ct. 2485, 135 L.Ed.2d 1031, 1036 (1996). Under New Jersey standards, as enunciated by the New Jersey Supreme Court in State v. Colvin, 123 N.J. 428, 437 (1991), no warrant is required when “the police have no advance knowledge of the events to unfold” and there is the need for prompt police action. Thus, New Jersey, the warrantless search of an automobile is permissible if three criteria are met: 1) the stop is unexpected; 2) the police have probable cause to believe that the vehicle contains contraband or evidence of a crime; and 3) exigent circumstances exist under which it is impracticable to obtain a warrant. State v. Pena-Flores, 198 N.J. 6, 28 (2009), citing State v. Cooke, 163 N.J. 657, 667-668 (2000). Under this exception, if the police have probable cause to believe that a particular vehicle contains contraband, the police may search the entire vehicle, including a container which could be expected to contain contraband. United States v. Ross, 456 U.S. 798, 825 (1982); Carroll v. United States. 267 U.S. at 149; State v. Esteves, 93 N.J. 146, 151 (1983). This exception is attributable to the diminished exception of privacy that attends car ownership and use. South Dakota v. Opperman, 428 U.S. 364, 367 (1976); State v. Esteves, 93 N.J. at 504.

If you or your family has had a search of your vehicle or person, without a search warrant being served, speak with a NJ criminal lawyer who is experienced in challenging search warrants and searches without warrants in NJ. The lawyers at Aiello, Harris, Abate Law Group PC have the experience and knowledge to protect your rights and defend you against criminal charges.

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Call us today at (908) 561-5577 or contact us. Your initial consultation will take place over the phone, and you can schedule an appointment at one of our office locations across New Jersey.

Man arrested in Clinton Township, Hunterdon County for violation of N.J.S.A. 2C:24-4, a crime of the third degree for driving while intoxicated N.J.S.A 39:4-50 with children in the car.

The Aiello, Harris, Abate, Law Group PC firm was able to convince the Hunterdon County Prosecutor’s Office to dismiss the third degree crime (felony) and remand the case to the Municipal Court with a lower charge as a disorderly person’s defense (misdemeanor).

As a result of these efforts, no indictment was returned against the defendant.  The matter was eventually adjudicated in Clinton Township Municipal Court located at 1370 Route 31, North Annandale, N.J. 08801 before the Honorable Eric M. Perkins.

The Aiello, Harris, Abate, Law Group PC firm has 11 locations in N.J. This case was handled through their Flemington office located at 260 Route 202, Flemington, N.J. 08822.

If you have been charged with DUI, you have rights. First and foremost, you have the right to an criminal attorney. You should not speak to the police until you have spoken to a qualified attorney who is experienced in handling criminal matters. The criminal defense attorneys at Aiello, Harris, Abate, Law Group PC have the experience and knowledge to protect your rights and defend you against criminal charges.

Contact us

Call us today at (908) 561-5577 or contact us. Your initial consultation will take place over the phone, and you can schedule an appointment at one of our office locations across New Jersey.

Timothy J. Broking, Esq. of Aiello, Harris, Abate Law Group PC appeared in Belleville Municipal Court, 152 Washington Avenue, Belleville, NJ before the Honorable Dennis Lavender, JMC. Municipal Prosecutor, Joseph Angelo, Esq.

The defendant was charged with several moving violations including driving on public or private property to avoid a traffic sign or signal in violation of N.J.S.A. 39:4-66.2, failure to exhibit insurance card in violation of N.J.S.A. 39:3-29, having unclear plates in violation of N.J.S.A. 39:3-33 and having an obstructed view. Following arguments presented by Mr. Broking, the prosecutor agreed to dismiss the unclear plate and obstructed view violations. The prosecutor also agreed to impose no fines for the failure to present an insurance card. The moving violation of driving on public or private property to avoid a traffic sign or signal carrying two points was amended to N.J.S.A. 39:4-120.9 for failure to observe a traffic signal at a public or private intersection, a zero point ticket.

If you have been ticketed with the violation of a traffic law, you have rights. First and foremost, you have the right to a criminal attorney. You should not speak to the police until you have spoken to a qualified attorney who is experienced in handling criminal matters. The New Jersey criminal attorneys at Aiello, Harris, Abate Law Group PC we have the experience and knowledge to protect your rights and defend you against criminal charges.

Contact us today

Call us today at (908) 561-5577 or contact us. Your initial consultation will take place over the phone, and you can schedule an appointment at one of our office locations across New Jersey.

Timothy J. Broking, Esq. of Aiello, Harris, Abate Law Group PC appeared in Pennsauken Municipal Court, 2400 Bethel Ave, Pennsauken, NJ before the Honorable Steven M. Petrillo, JMC. Municipal Prosecutor, Timothy Higgins, Esq.

The defendant was charged with several moving violations including driving while intoxicated, (D.W.I.) in violation of N.J.S.A. 39:4-50 and refusal to submit to a breath test in violation of N.J.S.A. 39:4-50.4a. Mr. Broking filed a motion to dismiss the refusal for failing to inform the defendant of all penalties. Following arguments presented by Mr. Broking, the prosecutor agreed to dismiss the refusal and all other charges including careless driving and talking on a cell phone.

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Call us today at (908) 561-5577 or contact us. Your initial consultation will take place over the phone, and you can schedule an appointment at one of our office locations across New Jersey.

Timothy J. Broking, Esq. of Aiello, Harris, Abate Law Group PC appeared in Union Township Municipal Court, 981 Caldwell Avenue, Union, New Jersey before the Honorable Jonathon Rosenbluth,J.MC. Municipal Prosecutor, Michael Wittenberg, Esq.

The defendant was charged with multiple traffic offenses:  N.J.S.A. 39:4-97 Careless driving, N.J.S.A. 39:4:129 Leaving the scene of an accident, N.J.S.A. 39:4-130 Failure to report an accident, and N.J.S.A. 39:6B-2 No Insurance.

Leaving The Scene Of An Accident

The defendant was facing an eighteen (18) month loss of license and thirty (30) days in jail. Following the arguments presented by Mr. Broking the prosecutor agreed to dismiss the leaving the scene of an accident. The defendant did not go to jail, did not receive points nor did the Judge revoke the defendants license. The defendant paid a fine.

Contact us today

Call us today at (908) 561-5577 or contact us. Your initial consultation will take place over the phone, and you can schedule an appointment at one of our office locations across New Jersey.

Timothy J. Broking, Esq. of Aiello, Harris, Abate Law Group PC appeared in Essex Fells Municipal Court, 141 Gould Avenue, Essex Fells, NJ before the Honorable Donald O’Conner, JMC. Municipal Prosecutor, Richard Verde, Esq.

The defendant was charged with several moving violations and driving while suspended in violation of N.J.S.A. 39:3-40. The defendant, a repeat offender, was facing jail time, loss of license and a $1,000 fine. Following the arguments presented by Mr. Broking the prosecutor agreed to dismiss the driving on the revoked list violation. The defendant did not go to jail nor did the judge revoke his license.

Contact us today

Call us today at (908) 561-5577 or contact us. Your initial consultation will take place over the phone, and you can schedule an appointment at one of our office locations across New Jersey.

Timothy J. Broking, Esq. of Aiello, Harris, Abate Law Group PC appeared in Emerson Municipal Court, 146 Linwood Avenue, Emerson, NJ before the Honorable Francis J. Leddy, JMC. Municipal Prosecutor, Arthur Balsamo, Esq.

The defendant was charged with several moving violations and driving while intoxicated, (D.W.I.) in violation of N.J.S.A. 39:4-50. Mr. Broking filed a motion to suppress the Alcotest results due to the fact that the state failed to provide an updated after-certification. The prosecutor agreed to dismiss the blood alcohol reading and all related moving violations.

Contact us today

Call us today at (908) 561-5577 or contact us. Your initial consultation will take place over the phone, and you can schedule an appointment at one of our office locations across New Jersey.

Timothy J. Broking, Esq. of Aiello, Harris, Abate Law Group PC appeared in Bedminster Municipal Court, 1 Miller Lane, Bedminster, NJ before the Honorable Frank Gasiorowski, JMC. Municipal Prosecutor, Richard Guss, Esq.

The defendant was charged with several moving violations and driving while intoxicated, (D.W.I.) in violation of N.J.S.A. 39:4-50. Mr. Broking filed a motion to suppress based on the fact that the New Jersey State Trooper failed to observe the defendant for a continuous uninterrupted twenty-minute period of observation. The prosecutor agreed to dismiss the blood alcohol reading and all related moving violations.

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Call us today at (908) 561-5577 or contact us. Your initial consultation will take place over the phone, and you can schedule an appointment at one of our office locations across New Jersey.

Timothy J. Broking, Esq. of Aiello, Harris, Abate Law Group PC appeared in Union Municipal Court, 981 Caldwell Ave, Union, NJ before the Honorable Kelly Waters, JMC. Municipal Prosecutor, Michael Wittenberg, Esq.

The defendant was charged with driving on the revoked list in violation of N.J.S.A. 39:3-40. The defendant was facing a $1,000 fine, a loss of driving privileges and jail. Due to the arguments presented by counsel, the prosecutor agreed to drop all charges.

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Call us today at (908) 561-5577 or contact us. Your initial consultation will take place over the phone, and you can schedule an appointment at one of our office locations across New Jersey.

William R. Marth, Esq. of Aiello, Harris, Abate Law Group PC appeared in Newark Municipal Court, 31 Green Street, Newark, NJ before the Honorable Diana E. Montes, JMC.

The defendant was charged with criminal forgery in violation of N.J.S.A. 2C:21-1(a)(1), which carried up to a six month jail sentence, possible probation and a $1,000 fine. The prosecutor agreed to amend charge to a local municipal ordinance, which is not a state criminal offense. The defendant did not receive any jail time or probation and only paid a minimal fine.

Contact us

Call us today at (908) 561-5577 or contact us. Your initial consultation will take place over the phone, and you can schedule an appointment at one of our office locations across New Jersey.