DWI Institute 2019

 NJSBA & NJSBA Section/Committee members are eligible for special discounts – login to see your discounted rate for this program. 

Presented in cooperation with the NJSBA Municipal Court Law Section

Everything You Need to Get Up-to-Speed and Excell at Successfully Handling DWI Matters

John Menzel, Esq.
2015 recipient of the NJSBA Municipal Court Practice Award
Past Chair, NJSBA Municipal Court Practice Section 
Certified by Drager re Alcotest 7110 breath testing instrument
Certified in Standardized Field Sobriety Test administration
Member, National College for DUI
2017 recipient of the NCDD Mentoring Award
Defense- Board certified in DUI defense
Law Offices of John Menzel, Asbury Park
Speakers include:
Hon. Harry D. Norton, Jr., JMC 
Municipal Court Judge in Allendale, Upper
Saddle River, Ho-Ho-Kus, and the Pascack Joint Municipal Court
Norton, Murphy, Sheehy & Corrubia, PC, 
Woodland Park, Montvale and Rockville Center, NY
Remi L. Spencer, Esq.
Spencer & Associates, West Orange
Ashton E. Thomas, Esq.
Law Offices of Ashton E. Thompson, Elizabeth 
Kevin P. Wigenton, Esq.
Public Defender, Red Bank, Neptune & Highlands
Wigenton Law Firm, Red Bank
Steven A. Zabarsky, Esq., 
Citta, Holzapfel & Zabarsky, Toms River
About The Program:
NJICLE’s annual DWI Institute is an intensive, full-day program featuring some of New Jersey’s top DWI attorneys joined by municipal court judges who will examine and analyze the most recent developments in New Jersey DWI law and procedure. From cutting-edge strategies to best practices, you will hear the latest on DWI defense, including the up-to-the-minute legal developments, trial trends, valuable tips on how to understand both the technical and legal aspects of DWI, and a discussion of issues likely to arise in the near future. You will also gain practical information and strategies for handling matters surrounding the science of detection, techniques for trial, and advice you can provide to clients that will help you achieve the best results. The panel will discuss the latest procedures and issues in field sobriety testing, discovery, practice tips on evidentiary issues, and more. This is an all-day institute that will provide you with the tools that you need to confidently and successfully represent your clients – and to achieve the best results, whether you’ve been practicing for years and want to catch up on the latest strategies, or you’re new to DWI and want to gain both practical knowledge and the best skills, this program is your best opportunity to get ahead. Make your plans to attend today!
Program Agenda:
9:05Highlights: Program outline, recent developments
– Pending penalty legislation
– State v. Olenowski — DRE
– Mitchell v. Wisconsin — warrantless blood draw
9:20Penalties and consequences
– Refusal
– Interlock
– Collateral consequences
9:50DWI Elements – Operation
– Direct observation
– Admission
– Circumstantial evidence
10:00Intoxication – Alcohol, marijuana, drugs
10:45 Breath test refusal elements 
– Probable cause/Arrest
– Standard Statement/No
11:00 Affirmative Defenses
– Blowing refusal
– Confusion
– Physical inability
11:40Discovery – Basics, Alcotest, Blood/Drugs, SFSTs, DRE
1:00Pretrial Motions – Suppression
– No warrant – consent, exigent circumstances, Mitchell v. Wisconsin
– Warrant – Missouri v. McNeely
1:30Pretrial Motion – N.J.R.E. 104 (SFSTs, Alcotest, blood/drugs)
1:45 Pretrial Motion – N.J.R.E. 104 (DRE)
2:15 Pretrial Motion – Experts for indigents
2:25Dispositions – Guilty plea, conditional guilty pleas, trial on stipulated facts, full trial
2:45PCR: Formal Requirements, grounds
– No attorney – State v. Laurick
– Illegal Sentence
– No factual basis
– No advice re appeal
– Fraud
3:15PCR: State v. Cassidy
CLE Credits:
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. 
NJ CLE:This program has been approved for 6.9 credits (50 minute hour)
Municipal Court Certification: 6.9 DWI Refusal credits pending
PA CLE: 5.5 substantive credits pending ($24 fee – separate check payable to NJICLE must be submitted at the end of the program)
NY CLE (nt): 6.5 professional practice credits

Door Registration: $265


Upcoming Event: Audio Webinar on Proving Exacerbation

Audio Webinar

Proving Exacerbation of Pre-Existing Injuries: Doctor and Attorney Perspectives

Doctor Insights and Real-World Negotiation and Litigation Techniques


Thursday, March 28, 2019 


Eastern: 11:00 AM – 2:15 PM 
Central: 10:00 AM – 1:15 PM
Mountain: 9:00 AM – 12:15 PM
Pacific: 8:00 AM – 11:15 AM

Program Description

Doctor Insights and Real-World Negotiation and Litigation Techniques

Plaintiffs can recover for exacerbation or aggravation – but they are not entitled to recover for pre-existing conditions or injuries themselves. This can provide challenges for plaintiff’s attorneys and powerful ammunition for insurance companies. Getting fair compensation in a pre-existing injury case can be a struggle, but there are strategies you can employ to maximize your chances of success. In this program, doctor and seasoned attorney faculty will show you how to establish exacerbation of a pre-existing injury, combat insurer techniques and ultimately increase case value. Build your skills – register today!

  • Hear how doctors differentiate new vs. recurring vs. aggravated injury.
  • Learn how to thoroughly investigate pre-existing injuries.
  • Discover how to successfully maximize damages and settle a pre-existing injury case.
  • Gain techniques for addressing a plaintiff’s pre-existing injuries in front of a jury.

Who Should Attend

This program is designed for attorneys. Paralegals may also benefit.

Course Content

  1. Doctor Insights on Pre-Existing Conditions/Injuries
  2. Spotting Red Flags During Intake; Obtaining and Analyzing Medical History
  3. Overcoming Plaintiff’s Pre-Existing Injury and Maximizing Damages
  4. Trial: Presenting Evidence of the Previous Injury to the Judge/Jury

To book or for more information:


Upcoming Event: Live Teleconference – Medical Records in Litigation: How to Request, Review and Use

Sign up!

April 23rd, 2018

2PM – 3:30PM EST

Program Description

Request, Review and Use Medical Records the Right Way!

Medical records are useful litigation tools, but requesting, reviewing and using them requires heightened levels of care. From successfully navigating HIPAA to parsing out the key details that make or break your case, you need to ensure all of your bases are covered before you dive in head-first. This concise yet comprehensive course will provide a crash course in using medical records in your next case. You’ll take away the key knowledge you need to obtain medical records, analyze them and get them admitted. Register today!

  • Ensure you request medical records the right way – including mental health and rehabilitation records.
  • Know the extents and limitations of discovery requests concerning medical records.
  • Analyze medical records and spot key pieces of information that make or break your case.

Who Should Attend

This program is for attorneys. Paralegals may also benefit.


More Information and Registration!



Upcoming Seminar: Guide to Human Resource Laws in the Workplace!

I’m pleased to announce that I will be presenting at the upcoming Guide to Human Resource Laws in the Workplace seminar on November 14th and 15th.


For more information and to register, please visit:



We will be presenting at:

Home2 Suites by Hilton Hasbrouck Heights
377 Route 17 South Hasbrouck Heights, NJ 07604



Program Description

A Comprehensive Overview of the Issues Affecting HR Departments

Get a handle on the complicated issues that arise in the day-to-day operations of any human resources department! This extensive two-day course covers all of the hot-button issues that every HR professional should know, not only to avoid lawsuits, but to ensure that all employees are happy and productive. Experienced faculty will show you how to handle such issues as employee leaves, problem behaviors in the workplace, and what essential information should be included in employee handbooks. Don’t miss out on this crucial human resource information – enroll today!

  • Learn the necessary disclaimers that every employee handbook must contain in order to avoid potential legal trouble.
  • Recognize the many intricacies of the Fair Labor Standards Act, so that employers can stop problems before they happen.
  • Understand how the Family Medical Leave Act and the Americans with Disabilities Act intertwine in issues with employee leave.
  • Know what accommodations are considered reasonable when an injured worker returns to the workplace.
  • Properly document and manage discrimination complaints to ensure that both employers and employees are properly protected in case of lawsuits.
  • Effectively monitor employee communications and internet use in an ethical and legally compliant manner.

Who Should Attend

This basic-to-intermediate level seminar examines the current issues in human resource law for:

  • Attorneys
  • HR Personnel
  • Accountants
  • Presidents and Vice Presidents

Course Content


  1. Successful Hiring and Recruiting Steps
  2. Managing Employee Leaves of Absence / Income Replacement  Benefits While on Leave
  3. Imperative Information That Every Employee Handbook Should Contain
  4. Wage and Benefits Issues
  5. Controlling Unemployment Compensation Costs


  1. Workers’ Compensation Basics
  2. Discrimination and Harassment
  3. Workplace Behavioral Issues: Appropriately Handling Thorny Situations
  4. Workplace Privacy and Employee Monitoring
  5. Disciplining and Firing Employees

Continuing Education Credit

Certified Payroll Professionals – Certified Payroll Professional: 12.00

Continuing Legal Education

Credit Hrs State
CLE 14.40 –  NJ
CLE 14.00 –  NY*
CLE 12.00 –  PA

Human Resource Certification Institute – HRCI: 12.00

International Association for Continuing Education Training – IACET: 1.20

National Association of State Boards of Accountancy – CPE for Accountants/NASBA: 14.00 *

Professional Achievement in Continuing Education – PACE: 14.00 *

Society for Human Resource Management – SHRM CP/SCP: 12.00

Post Seminar Update


The last seminar was by most measures a success! Over 60 people attended the live DWI Institute 2017: The Changing Elements of DWI seminar as well as those who logged on to the webcast.

More information is available at the NJICLE website:

Live:                      https://tcms.njsba.com/personifyebusiness/njicle/CLEPrograms/NJICLEEventsCalendar/MeetingDetails.aspx?productId=9246770

Webcast:                 https://tcms.njsba.com/personifyebusiness/njicle/CLEPrograms/NJICLEEventsCalendar/MeetingDetails.aspx?productId=9468629


Thanks for coming, see you all next time!


Past Presentation: DWI Institute 2017: The Changing Elements of DWI

Learn new strategies to handle DWI cases!

For 2017, NJICLE’s annual DWI Institute features a faculty of highly respected attorneys and experts in the field of DWI who will we take a look at proven ways to handle DWI cases in a changing climate. This day-long seminar will feature discussion, demonstration and critique by our experienced panel on preparation and execution skills when handling a DWI case. Join us and sharpen your abilities to present a DWI case!


New Jersey Law Center


1 Constitution Sq. New Brunswick, NJ 08901



August 3, 2017



9:00 AM – 4:00 PM ET


For more information, please visit:


Recapping my NBI webinar on Pre-Existing Injuries

As advertised, my NBI webinar on Pre-Existing Injuries was presented on the 29th of March. It was fun, and it moved fast.
NBI has asked me if I would participate in future programs. You know my answer.
I’ll see you then and in the mean time, check out what they had to say:
“Great presentation”
“Best webinar I’ve attended yet.”
“My practice is in New Jersey so I appreciated that fact that one of the presenters was familiar with New Jersey Law and as I have practiced over 35 years the second presenter coming from New Jersey seemed to appear as if he also practiced in New Jersey”
“Excellent choices. I learned a lot from listening to very experienced plaintiffs’ lawyers, especially as an insurance defense guy.”
“knowledgeable speakers”
“enthusiastic and knowledgeable”
“Have listened to Mr. Zaccagnino before on one of your programs. He does a great job; would like to have other personal injury attorneys act as speakers to give other prospectives.”
“Very Impressed and it was refreshing to hear that there are some attorneys who believe in being nice.”
“I am one and I am amazed where it has gotten me.”
“Faculty was excellent.”