Kenneth Vercammen & Associates, P.C.
2053 Woodbridge Avenue - Edison, NJ 08817
(732) 572-0500
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Monday, March 13, 2017

State v. Scott Robertson (A-58-14

State v. Scott Robertson (A-58-14; 075326)
          The Crowe factors are not a good fit to assess license
          suspensions in driving while intoxicated (DWI) cases.
          Defendants who seek a new trial before the Law
          Division should be presumptively eligible for a stay
          of a driver’s license suspension.  The State can
          overcome that presumption by showing that a stay would
          present a serious threat to the safety of any person
          or the community.  If no conditions would mitigate
          that risk, the court should not stay the sentence.  If
          a defendant is convicted of DWI by the Law Division,
          the defendant has the burden to justify a stay of a
          driver’s license pending appeal to the Appellate
          Division by demonstrating the three elements set forth
          in Rule 2:9-4.  If a stay is granted, the court may
          impose appropriate conditions similar to those
          available after a defendant’s conviction in municipal
          court.  Municipal court and trial judges should set
          forth reasons on the record when they rule on a stay