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Gregory P. DeMichele is a seasoned litigator, devoting a substantial part of his practice to municipal court, family law and personal injury matters.

Latest posts by Greg DeMichele (see all)
- How to Properly Cancel a Real Estate Contract During the Three Day Attorney Review Period - December 9, 2015
- Court Expands Police Authority to Conduct Warrantless Searches of Your Car - November 10, 2015
- DUI Dismissed in Bellmawr Township - January 26, 2015
Defendant charged with DUI wins key ruling in New Jersey

“a person who operates a motor vehicle while under the influence of intoxicated liquor, narcotics, hallucinogenic, or habit producing drugs or operates a motor vehicle with a blood alcohol concentration of 0.08% or more by weight of alcohol in the Defendant’s blood.”In this case, the Defendant testified that he parked in a municipal parking lot and consumed alcohol. At some point after consuming alcohol he was approached by a police officer who noticed that he was intoxicated. At all times, the Defendant had his keys in his pocket. When the Defendant was approached by the police officer, he was not in his car. The Appellate Court ruled that the testimony offered during the guilty plea did not contain any evidence that the Defendant made any physical movement to put the car in motion at the time. Therefore, there were no facts articulated by the Defendant that provide an adequate factual basis for his operation of the vehicle and ultimately his guilty plea. Based on the factual record presented, the Appellate Court reversed the decision of the Trial Court and ordered the guilty plea vacated and reinstated the original charges. The case was remanded back to Trial Court for proceedings in accordance with the law as stated by the Appellate Court. Do you have questions regarding DUI in New Jersey? If you or someone you know is facing a charge of driving under the influence (DUI), contact the DWI defense lawyers at DeMichele & DeMichele. You can also reach us by telephone (856) 546-1350. Our lawyers are skilled advocates who are ready to challenge the state’s evidence and protect your rights.
The following two tabs change content below.

Gregory P. DeMichele is a seasoned litigator, devoting a substantial part of his practice to municipal court, family law and personal injury matters.

Latest posts by Greg DeMichele (see all)
- How to Properly Cancel a Real Estate Contract During the Three Day Attorney Review Period - December 9, 2015
- Court Expands Police Authority to Conduct Warrantless Searches of Your Car - November 10, 2015
- DUI Dismissed in Bellmawr Township - January 26, 2015