DWI Institute 2024
Category: On Demand
Member Price: $228
Non-Member Price: $285
Product Code: ON017424
Areas of Law: Municipal Court Practice
CLE Credits
| NJ CLE: | NJ CLE information: This program has been approved by the Board on Continuing Legal Education of the Supreme Court of New Jersey for 6.9 hours of total CLE credit, including 1.5 in Ethics (Full Credits Available: NJ Ethics: 1.5, NJ General: 5.4). |
| NY CLE (t&nt): | NY Ethics Non-Transitional: 1.5, NY Professional Practice Non-Transitional: 5.0 |
| PA CLE: | PA Ethics Credit: 1.0, PA Substantive Credit: 4.5
New: No PACLE fee is required for this program. To earn PA CLE credits, a valid PA Bar ID number must be entered into the CLE form provided after attending the program. |
Faculty
Keynote
Moderator
- Sophia M. Shalaby, Esq.
- Law Offices of Sophia M. Shalaby, LLC, New BrunswickLaw Offices of Sophia M. Shalaby in New Brunswick, New Jersey, and New York City, is an accomplished and experienced litigator, in civil and criminal courts, in New York, New Jersey and federally. She has extensive experience representing individuals, businesses, insurance companies and governmental bodies. A former prosecutor, she has litigated both sides of civil lawsuits and both sides of criminal cases.
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nMs. Shalaby is admitted to practice in New Jersey and New York, and before the United States District Court for the District of New Jersey. She is a member of the New Jersey State Bar Association.
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nMs. Shalaby received her undergraduate degree from Rutgers University, attended St. Thomas University School of Law and received her J.D. from New York Law School.
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Presenters
- Hon. Daniel Sahin, J.M.C.
- Jackson, Manchester, Seaside Heights and Others
- Connie Bentley McGhee, Esq.
- Connie Bentley McGhee, Attorney At Law, Newark
- Jason Gooberman
- Owner, Interlock Device of New Jersey LLC
- Steven W. Hernandez, Esq.
- The Hernandez Law Firm, PC, Toms RiverCertified as a Municipal Court Trial Attorney by the Supreme Court of New Jersey, is President of the Hernandez Law Firm, P.C. in Toms River, New Jersey, and concentrates his practice almost exclusively in DWI defense.
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nAdmitted to practice in New Jersey and before the United States District Court for the District of New Jersey and the United States Supreme Court, Mr. Hernandez has been a member of the National College of DUI Defense (NCDD) and the American, New Jersey State and Ocean County Bar Associations. He is Past Chair of the New Jersey State Bar Association Municipal Court Practice Section and has served as Co-Chair of the Municipal Court Practice Section of the Ocean County Bar Association. He is also Certified as a DUI attorney by the National College of DUI Defense.
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nMr. Hernandez has lectured for ICLE and other organizations, and is the author of Inside the Minds: Negotiating a Plea Deal in DUI Cases (Aspatore Publishing, 2011) and the New Jersey DWI Book, the Law and Practice (Lawyers & Judges Publishing, 2016), among other publications. He has been qualified by the National Highway Traffic Safety Administration and the International Association of Chiefs of Police as a Standardized Field Sobriety Test Instructor. He is also the only attorney in New Jersey to receive a Forensic Sobriety Assessment (FSA) Certificate and is a certified operator of the Alcotest 7110 breath-testing instrument.
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nMr. Hernandez received his B.S. from Rutgers Business School and his J.D. from Rutgers University School of Law-Camden. He has received advanced training in drug-related DWI’s, especially those arrests involving a Drug Recognition Expert (DRE), has taken more than 100 hours of forensic chromatography courses and has passed the American Chemical Society Lawyer-Scientist examination.
n(9/23) - Rachel L. Kugel, Esq.
- The Kugel Law Firm, New York
- S. Emile Lisboa, Esq.
- Galantucci & Patuto, Hackensack
- Stephen M. Lukach, III, Esq.
- Lukach Law, P.C., Haddon Heights
- Kevin P. McKernan, Esq.
- The Law Firm of Kevin P. McKernan, Staten Island
- John Menzel, Esq.
- Law Offices of John Menzel, Asbury Parkis an attorney in private practice in Asbury Park, New Jersey. He has tried thousands of drunk driving cases and argued more than one hundred appeals before the New Jersey Superior Court’s Law and Appellate Divisions and the New Jersey Supreme Court. He was lead attorney in State v. Chun and State v. Foley, the seminal cases on the Alcotest 7110 MK-III-C in New Jersey.
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nMr. Menzel is admitted to practice in New Jersey and New York, and before the United States District Court for the District of New Jersey and the Southern and Eastern Districts of New York, the Third Circuit Court of Appeals and the United States Supreme Court. He is Past Chair of the New Jersey State Bar Association’s Municipal Court Practice Section. A sustaining member and former New Jersey State Delegate for the National College for DUI Defense (NCDD), he is Certified by the NCDD in DUI Defense Law. He is a member of the American Bar Association’s Criminal Practice Division, the Association of Criminal Defense Attorneys of New Jersey and the Monmouth and Ocean County Bar Associations.
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nMr. Menzel has been an associate member of the New Jersey Association of Forensic Scientists and an adjunct instructor at Ocean County College. He has held seminars on New Jersey’s drunk driving laws, breath testing instrumentation and trial techniques. Throughout his career Mr. Menzel has received training from the National Association for DUI Defense and has attended training for the National Highway Traffic Safety Administration DWI Detection and Standardized Field Sobriety Testing. He was named the 2015 Municipal Court Practitioner of the Year by the New Jersey State Bar Association and was the 2017 recipient of the National College for DUI Defense Mentoring Award.
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nMr. Menzel received his B.F.A, summa cum laude, from the New York Institute of Technology and his J.D. from New York Law School.
n(9/23) - Raymond S. Santiago, Esq.
- Monmouth County Prosecutor's Office, Freeholdis the founder of Santiago and Associates, P.C. in Freehold, New Jersey, where he concentrates his practice in criminal law, immigration, civil litigation and personal injury matters.
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nMr. Santiago is admitted to practice in New Jersey and New York, and before the United States District Court for the District of New Jersey and the Eastern District of New York, and the United States Bankruptcy Court for the District of New Jersey and the Southern District of New York. He was formerly a County Prosecutor for the Nassau County District Attorney’s Office.
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nMr. Santiago received his J.D. from the City University of New York School of Law at Queens College.
n(9/23) - Steven A. Zabarsky, Esq.
- Citta Holzapfel & Zabarsky, Toms Riveris a Partner in Citta, Holzapfel & Zabarsky in Toms River, New Jersey, where he represents clients in divorce, custody, visitation and adoption proceedings in trial and appellate courts, and is a certified Divorce Mediator. He is a former Assistant Ocean County Prosecutor, has served as a Municipal Prosecutor for numerous municipalities throughout Ocean and Monmouth Counties, and has prosecuted more than 1000 DWI cases.
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nAdmitted to practice in New Jersey and before the United States District Court for the District of New Jersey, Mr. Zabarsky is a member of the New Jersey State and Ocean County Bar Associations, and the NJSBA Family Law Section and the OCBA Municipal Court Committee. He has been a panelist for the Ocean County Early Settlement Program since 1985 and is the recipient of a Certificate of Appreciation from the Supreme Court of New Jersey for contributions to the ESP Program. He is also an Adjunct Professor at Ocean County College, where he has been teaching Constitutional Law since 1987.
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nMr. Zabarsky received his B.S. from George Washington University, where he was a federal intern for Congressman James J. Howard, and his J.D. from Western New England College of Law, where he served as a Legal Intern in the Massachusetts Attorney General’s Office. He also served as a Judicial Clerk in the Ocean County Superior Court, which included a criminal rotation for Judges Huber, Addison and Giovine.
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It’s a whole new world. Join us for the DWI Institute 2024, a comprehensive seminar focusing this year’s momentous changes in DWI ethics, sentencing, and drugged driving law, among other things.
Our experts will highlight relevant updates, case law developments, and emerging trends in this dynamic field:
- Plea Bargaining: Our Supreme Court withdrew the prohibition against plea bargaining that has been in effect for generations. Learn about new options and existing guidelines available to prosecutors and defense attorneys to resolve cases.
- Sentencing: Ethics demands competent representation and providing advice to clients about the ever-changing landscape of breath alcohol ignition interlock options and pre-conviction hedges. We’ll get you to the ethics credit you need as we bring you to the bleeding edge.
- Drunk and Drugged Driving: Our Supreme Court changed the way these cases are managed with its decision in State v. Olenowski. Learn the limitations of expert opinion by DREs—experts, evaluators, or excluded.
- Toxicology: Olenowski brought toxicology to the forefront by recognizing a strong preference for blood and the limitations of urine and forensic samples. But these samples are also extremely relevant in alcohol DWI cases. Our attorney experts will tell you what you need to know about what to get in discovery and how to present and defend against this evidence at trial.
- Prior Convictions: State v. Zingis and Erlinger v. United States are recent cases discussing the State’s burden in establish the validity of prior convictions and suggesting yet more options in plea negotiations.
- New Breath Testing Technology: State v. Cunningham proceeds apace with the State seeking to validate use of the Alcotest 9510, now replacing the Alcotest 7110. While no decision is expected until Fall 2025, we’ll get you up to date on the current status.
- Invasions of Privacy: Some social media platforms invade your client’s privacy by obtaining video and posting it online for profit. Find out what you can do if this happens to your client.
Program Agenda:
Morning:
- 9:00 | Welcome - Sophia M. Shalaby, Esq.
- 9:05 | Overview and Agenda - Sophia M. Shalaby, Esq.
- 9:25 | New Penalties, New Ethics, New Possibilities
- Penalty Basics - John Menzel, Esq.
- Penalty Charges - John Menzel, Esq.; Jason Gooberman
- Plea Bargaining - Hon. Daniel Sahin, J.M.C.; Raymond S. Santiago, Esq.; Steven W. Hernandez, Esq. - 10:40 | Break
- 10:50 | Bad Priors (Zingis, Erlinger) - Steven W. Hernandez, Esq.
- 11:05 | Collateral Consequences in New York - Kevin P. McKernan, Esq.
- 11:25 | Collateral Consequences in Pennsylvania - Stephen M. Lukach, III, Esq.
- 11:45 | Alcotest 9510: Where We Stand (Cunningham) - Sophia M. Shalaby, Esq.
- 11:55 | Speedy Trial - John Menzel, Esq.
- 12:05 | Alcotest 9510 Changes and Improvements - Stephen M. Lukach, III, Esq.; Rachel L. Kugel, Esq.
- 12:30 | Lunch w/ Keynote Addresses - Hon. Daniel Sahin, J.M.C.; Raymond S. Santiago, Esq.
Afternoon:
- 13:00 | What to Do When Your Client’s Video Goes Viral - Rachel L. Kugel, Esq.
- 13:25 | Laboratory Devices - S. Emile Lisboa, Esq.; Raymond S. Santiago, Esq.
- 13:50 | Laboratory Discovery- S. Emile Lisboa, Esq.; Steven W. Hernandez, Esq.; Connie Bentley McGhee, Esq.
- 14:15 | How to Represent a Client Who Doesn’t Speak Your Language - Kevin P. McKernan, Esq.; S. Emile Lisboa, Esq.
- 14:40 | How to Prosecutor a Drug Driver (Olenowsky) - Steven A. Zabarsky, Esq.
- 15:05 | Panel Discussion and Questions - Sophia M. Shalaby, Esq.; Hon. Daniel Sahin, J.M.C.; Steven W. Hernandez, Esq.; Rachel L. Kugel, Esq.; S. Emile Lisboa, Esq.; Stephen M. Lukach, III, Esq.; Connie Bentley McGhee, Esq.; Kevin P. McKernan, Esq.; John Menzel, Esq.; Raymond S. Santiago, Esq.; Steven A. Zabarsky, Esq.
- 15:30 | Adjourn