PUBLISHED CASES OF MAJOR DISTINCTION
Mr. Gold is admitted to practice in all New Jersey Courts as well as the 3rd Circuit and the Supreme Court of the United States. He was lead defense counsel in State v. Foley, 370 N.J. Super. 341 (Law Div. 2004) the first case in the U.S. to restrict the use of the new “Alcotest 7110″ breath testing device used in drunk driving (i.e. DWI, DUI) cases.
He then was called upon to represented the amicus (friend of the court) New Jersey State Bar Association in the landmark case State v Chun, 194 N.J. 54 both (2008) and (2013) where the N.J. Supreme Court placed many conditions on the use of the Alcotest as evidence in DWI cases (and also retreated from some).
The State Bar called on him once again in 2011 to be their amicus counsel before the Supreme Court in State v Ciancaglini, 204 N.J. 597 (2011) where, in accord with Mr. Gold's position, the Court reversed the lower court's ruling that Refusal to take a breath test should be treated as a "prior" DWI for sentencing.
Mr. Gold has further represented the State Bar the matter of State v Cahill ____ NJ _____ (2012) before the high court which will decide what is required for a DWI to have a "speedy trial" as required by the constitution, and State v O'Driscoll ___ NJ ____ (2013) which will decide if a REfusal must be dismissed if the police do not read the correct Refusal Statement
Mr. Gold also represented the CDS defendant in the successful appeal State v. Sparks, 261 NJ Super. 458 (App. Div. 1993) holding the State could not use a lab report to prove drug defendant’s guilt without complete and strict adherence to the statutory procedure for doing so first.