John Menzel

John Menzel

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. John Menzel, J.D., has, among other things: 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 Instructed lawyers and laypersons on New Jersey’s drunk driving laws, breath testing instrumentation, and trial techniques at 172 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 from 1998 to 2014, and winter sessions in 2003, 2005, 2006, 2007, 2008, 2012, and 2013 among other sessions in spring (Mastering Scientific Evidence) and fall (NACDL/NCDD). Board certified in DUI Defense by the National Association for DUI Defense in 2013, the only 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. A principal attorney in State v. Chun, the seminal case in New Jersey on the Alcotest 7110 MK-III-C. ________________________________________________________________ SIGNIFICANT CASES State v. Taylor, ___ N.J.Super. ___ (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. Denelsbeck, 220 N.J. 575 (2015), considering whether those facing third offense DWI penalties are entitled to a jury trial, now pending in the Supreme Court. 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. 2018 Summer Session Graduate


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FROM OUR BLOG

I Still Stand With You

07/28/2020

By Jonathan Dichter Continuing to Remember What Our Clients Really Need Some years ago, I wrote an article for a Washington State Defense Journal entitled "I Will Stand With You." I have received amazing feedback from it including a local public defense agency making it part of their required reading for new hires. Our world has changed since then - drastically as of...

New York Times Investigation: Breathalyzers are Unreliable Machines and Should Not be Trusted

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By Kevin Bennett Breathalyzer devices can be found in every police station in the country. Law enforcement use them as indisputable proof of a driver's blood alcohol level, incorporati0ng them into evidence when prosecuting suspected drunk drivers. However, there is a growing body of evidence to suggest breathalyzers are not a reliable tool when it comes to measuring how intoxicated a...

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