New Jersey DWI law is changing — and the practical realities inside municipal court can be even more complicated than the statutes and reported decisions suggest.
In this episode of the Mighty MERP Podcast, attorney Melissa Rosenblum sits down with experienced New Jersey DWI defense attorneys Peter Lederman and Evan Levow for an in-depth discussion of what defense lawyers are seeing right now in DWI cases across the state.
The conversation begins with one of the biggest issues currently facing New Jersey DWI practitioners: the Alcotest 9510 and the continuing fight over the admissibility of breath-test results.
The attorneys discuss State v. Cunningham, challenges involving the newer breath-testing technology, and why physical and observational evidence can become especially important when the breath reading itself is disputed.
The discussion covers:
Alcotest 9510 and breath-test admissibility — current challenges to 9510 results and how those issues affect DWI cases.
Observation evidence vs. BAC evidence — driving behavior, interaction with police, balance testing, field sobriety testing and what the video actually shows.
Plea negotiations in New Jersey DWI cases — how cases are being resolved and why practices may differ among courts, prosecutors and counties.
Horizontal Gaze Nystagmus (HGN) — what defense attorneys examine when reviewing the administration and interpretation of HGN testing.
Body-worn camera and police video — why seemingly minor moments buried in hours of footage can potentially change a case.
Standardized Field Sobriety Tests — understanding how tests are supposed to be administered rather than simply accepting a report stating that someone “failed.”
Medical and physical issues — why injuries, neurological conditions and other individual circumstances may matter when evaluating alleged signs of impairment.
Prior DWI convictions and PCR issues — including the practical challenges surrounding older convictions and sentencing exposure.
AI and DWI defense — where artificial intelligence may assist attorneys and why experienced human review of evidence remains critical.
A recurring theme throughout the episode is simple: watch the evidence.
Peter describes a case in which careful review of police video uncovered an important exchange between officers concerning an HGN test. That discovery became part of a much larger examination of what officers actually observed and ultimately contributed to the case being dismissed.
Melissa explains the multi-step video review process used in her office, including initial review and timestamping followed by her own examination of the evidence. Evan similarly emphasizes that defense counsel ultimately needs to watch the footage and understand the nuances of standardized field sobriety testing.
A police report, breath-test number or notation that someone failed field sobriety tests doesn't necessarily tell the complete story.
The attorneys also discuss something that doesn't appear on a breath-test printout: preparation.
They talk candidly about developing credibility by knowing the file, reviewing discovery, trying cases when necessary and being prepared to identify weaknesses that might otherwise go unnoticed.
Evan emphasizes the importance of continuing to “outlearn” the opposition — studying DWI science, testing procedures and defense issues even after decades of practice.
That becomes particularly important with video evidence. A transcript can capture words. It may not adequately capture movement, hesitation, tone, physical limitations or the complete context surrounding an officer's observations.
Legal Disclaimer: This podcast is provided for general educational and informational purposes only and is not legal advice. No two legal cases are the same. Anyone requiring legal assistance should consult an attorney regarding their individual circumstances.
Topics: New Jersey DWI law
NJ DUI defense
Alcotest 9510
breath testing
State v. Cunningham
23 Feb 2026
AI And The Future is Trial Law with Alex Settle
In this episode of Mighty MERP - Melissa Rosenblum welcomes Alex Settle to discuss the implications and ethics of AI in the practice of law, the conversation revolves around the integration of artificial intelligence (AI) into the legal profession, discussing its implications, ethical considerations, and the evolving role of trial attorneys.
The speakers emphasize the importance of understanding AI as a tool that can enhance legal practice while also highlighting the necessity of maintaining human advocacy and ethical standards in legal work.
They explore the potential risks associated with AI, including the need for verification of AI-generated outputs and the importance of protecting client confidentiality.
The discussion concludes with key takeaways for attorneys on effectively utilizing AI in their practice.
takeaways
AI is reshaping the legal profession and is now embedded in various legal tools.
Trial attorneys with courtroom experience will be increasingly valuable as AI takes over routine tasks.
AI should be viewed as a tool to enhance legal practice, not a replacement for human attorneys.
Verification of AI outputs is crucial to avoid ethical pitfalls and malpractice risks.
Attorneys must be cautious about sharing sensitive client information with AI tools.
The integration of AI can lead to increased efficiency in legal research and drafting.
Understanding local jurisdictional nuances remains essential for effective legal representation.
AI can assist in generating legal documents but should not be solely relied upon for accuracy.
Ethical concerns regarding AI usage must be addressed to maintain client trust and confidentiality.
Continuous learning about AI is necessary for attorneys to stay competitive in the evolving legal landscape.
Chapters
00:00 Celebrating Milestones at Merp Law
01:43 The Rise of AI in Legal Practice
07:33 Understanding AI: Beyond ChatGPT
14:06 AI as a Competitive Advantage for Attorneys
19:45 Evaluating AI Tools for Legal Research
20:56 The Evolution of AI in Legal Practice
26:04 Ethical Considerations in AI Usage
31:01 Competence and Responsibility in AI Utilization
34:25 The Human Element in Legal Advocacy
36:58 Key Takeaways for Attorneys on AI
10 Feb 2026
Mental Health Court In NJ
Mighty MERP dives into the real-world intersection of mental health and the criminal justice system in this powerful conversation with Meg McCormick Hoerner and Gretchen Pickering.
From first police contact through case disposition, they unpack how mental health shapes every phase of a criminal case—and why diversion, treatment, and nuanced responses are essential for both rehabilitation and public safety.
Certified criminal trial attorney and professor Meg McCormick Hoerner shares insights from her years as a prosecutor and defense lawyer, including how perspectives on dual diagnosis, recovery court, and competency have evolved over the last decade.
Deputy First Assistant Prosecutor Gretchen Pickering explains Cape May County’s new prosecutor-led mental health diversion program, funded by a multi-year grant, designed to move eligible defendants away from standard prosecution and into structured treatment instead.
They break down who qualifies for mental health diversion, how eligibility is defined, the role of victims and public safety, and why these programs are not a “free pass” but a different path to accountability and reduced recidivism.
The episode also explores CIT and ARRIVE-style initiatives, the practical challenges of funding and implementation, and what all of this means for defense attorneys, prosecutors, judges, and communities trying to respond more humanely and effectively to mental health-driven behavior.
👉 For the full episode description, guest bios, and the complete transcript, visit:
https://mightymerp.com/mental-health-courts (https://mightymerp.com/mental-health-courts)
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