John Menzel

John Menzel

John Menzel, J.D.

603 Mattison Avenue, Suite 320
Asbury Park, NJ 07712

Phone: 732-899-1899

Website: http://www.dwi1dwi.com

Sustaining MemberBoard CertifiedFaculty

About John Menzel

John Menzel, J.D., and his firm defend people charged with drunk driving and related offenses in New Jersey. Among other things, John has: tried thousands of drunk driving cases; appeared in more than 300 municipal courts in all of New Jersey’s 21 counties; argued more than 100 appeals before the New Jersey Superior Court’s Law and Appellate Divisions and New Jersey Supreme Court; prepared writs of habeas corpus in Federal District Court for the District of New Jersey and Federal Court of Appeals for the Third Circuit and a petition for certiorari to the U.S. Supreme Court; instructed lawyers and laypersons on New Jersey’s drunk driving laws, breath testing instrumentation, and trial techniques at more than 200 seminars in New Jersey, Massachusetts, Alabama, Texas, Nevada, Georgia, Louisiana, and California; received intensive training from the National Association for DUI Defense at every summer session since 1998, in winter sessions in 2003, 2005, 2006, 2007, 2008, 2012, and 2013, among other sessions in spring (Mastering Scientific Evidence) and fall (NACDL/NCDD). He is board certified in DUI Defense by the National Association for DUI Defense since 2013, the first New Jersey attorney to be so recognized; certified to administer National Highway Traffic Safety Administration DWI Detection and Standardized Field Sobriety Testing methods; certified in the operation of the Alcotest 7110 MK-III-C by manufacturer Drager Safety, Inc. in December 2008; and has participated as lead attorney, participating attorney, or amicus in many significant cases involving prosecutions for DWI, breath test refusal, and crimes. ________________________________________________________________ SPECIAL AWARDS AND DESIGNATIONS Board certified in DUI Defense by the National Association for DUI Defense in 2013, the first New Jersey attorney to be so recognized. Immediate past New Jersey State Delegate to the National College for DUI Defense. Past chair of the New Jersey State Bar Association Municipal Court Practice Section. 2015 recipient of the New Jersey State Bar Association Municipal Court Practitioner of the Year. 2017 recipient of the National College for DUI Defense mentoring award. ________________________________________________________________ ADVANCED TRAINING National Association for DUI Defense Summer Sessions every year since 1998. National Association for DUI Defense Winter Sessions in 2003, 2005, 2006, 2007, 2008, 2012, 2013, and 2016 among other sessions in spring (Mastering Scientific Evidence) and fall (NACDL/NCDD). Certified to administer National Highway Traffic Safety Administration (NHTSA) DWI Detection and Standardized Field Sobriety Testing methods. Certified in operation of the Alcotest 7110 MK-III-C by manufacturer Drager Safety, Inc. in December 2008. ________________________________________________________________ SIGNIFICANT CASES State v. Olenowski, 236 N.J. 622 (2019), concerning the admissibility of the Drug Influence Evaluation technique and Drug Recognition Evaluator opinion in DWI of drug cases, now pending a plenary hearing before a special master. State v. Cassidy, 235 N.J. 482 (2018), requiring proper calibration of Alcotest 7110 instruments with a NIST-traceable thermometer and post-conviction relief procedures. State v. Denelsbeck, 225 N.J. 103 (2016), cert.den. ___ U.S. ___, 137 S.Ct. 1063 (2017), denying a jury trial for those facing third offense DWI penalties while defining the limits of punishments. State v. Kuropchak, 221 N.J. 368 (2015), holding that the State must present a complete documentary foundation before breath test results obtained with an Alcotest instrument may be admitted into evidence. State v. Taylor, 440 N.J.Super. 387 (2015), holding that one sentenced for breath test refusal after two prior DWI convictions more than 10 years in the past are entitled to a step-down and should be considered a second offender for sentencing purposes. State v. Silva (unreported), 2015 WL 8186127 (Dkt.No. A-1011-13T2) (March 19, 2015), vacating pleas to DWI and breath test refusal due to inadequate factual bases. State v. Robertson, 438 N.J.Super. 47 (App.Div. 2014), clarifying discoverability of electronic data from the Alcotest 7110 breath testing instrument, now pending in the Supreme Court on the issue of stays pending appeal, ___ N.J. ___ (2015). State v. Frye, 217 N.J. 566 (2014), concerning sentencing of those convicted of breath test refusal after prior convictions for DWI. State v. Pizzo, 422 N.J.Super. 185, reheard after remand 423 N.J.Super. 309 (App.Div. 2011), the companion case to State v. Holland, a remand considering the efficacy of substituting the Ertco-Hart digital temperature measuring system used during Alcotest recalibrations with a digital thermometer manufactured by Control Company, Inc. State v. O’Brien, 418 N.J.Super. 428 (App.Div. 2011), clarifying eligibility for admission to pretrial intervention on criminal cases for those with prior conditional discharges for marijuana offenses. State v. Enright, 416 N.J.Super. 391 (App.Div. 2010), concerning the effect of non-traditional post-conviction relief after appeals. State v. Kim, 412 N.J.Super. 260 (App.Div. 2010), a puzzling affirmance of a breath test refusal conviction, following acquittal of DWI after trial, barring the challenge to the refusal conviction on procedural grounds but including a “concurrence” disagreeing with the majority’s determination on the merits. State v. Doyle (unreported), 2010 WL 909782 (Dkt.No. A-3522-08T4) (March 12, 2010), an affirmance of a breath test refusal conviction, following acquittal of DWI after trial, because the Court would not engraft a mens rea requirement onto the elements of proof required to convict a defendant of breath test refusal. State v. Iskander (unreported), 2010 WL 98970 (Dkt.No. A-3134-08T4) (January 13, 2010), DWI conviction reversed based on violation of right to speedy trial and fundamental fairness. State v. Chun, et al., 191 N.J. 308 (2007), 194 N.J. 54 (2008), concerning admissibility of new breath testing technology--the Draeger Alcotest 7110 MK III C breath testing device using version NJ3.11 firmware. State v. Knolmayer (unreported), 2007 WL 685493 (Dkt.No. A-5000-05T2) (March 8, 2007), 2006 WL 871067 (Dkt.No. A-4836-04T2) (April 5, 2006), DWI conviction reversed based on the State’s failure to prove motor vehicle operation; breath test refusal conviction vacated and remanded for new trial in light of State v. Cummings. State v. Stongvila (unreported), 2007 WL 219752 (Dkt.No. A-3736-05T1) (January 30, 2007), breath test refusal conviction reversed after DWI acquittal based on the State’s failure to establish probable cause. State v. Kean, 185 N.J. 29 (2005), DWI and breath test refusal convictions vacated and remanded for reconsideration in light of State v. Cummings. State v. Cummings, 184 N.J. 84 (2005), declaring unconstitutional the “preponderance of evidence” as the burden of proof for breath test refusal charges. State v. Foley, Cartegena, et al., 370 N.J.Super. 341 (Law Div. 2003), in Superior Court, Law Division, Camden County, concerning admissibility of new breath testing technology--the Draeger Alcotest 7110 MK III C breath testing device using version 3.8 firmware. State v. Farrell, 320 N.J.Super. 435 (App.Div. 1999), a leading case involving the rights to speedy trial and fundamental fairness for those charged with drunk driving in New Jersey. State v. Lutz, 309 N.J.Super. 317 (App.Div. 1998), involving the interplay between careless driving and drunk driving convictions. State v. Garthe, 145 N.J. 1 (1996), concerning the admissibility of Breathalyzer results in light of the secrecy surrounding Breathalyzer inspection procedures.


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