John Menzel | Point Pleasant DUI Lawyer

John Menzel Lawyer

John Menzel

DWI defense, appeals, and post-conviction relief anywhere in New Jersey

DUI-DWI, Felony, Misdemeanor, Domestic Violence

http://www.menzellaw.com

800-772-8980


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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 179 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.
Position Organization Location Duration
School Degree Major Graduation
New York Law SchoolJ.D. Law School1984  
New York Law SchoolJ.D.Law1984
State / Court Date
New York1985
New Jersey1984
  • National College for DUI Defense, sustaining member and immediate past N.J. State Delegate
    National Association of Criminal Defense Lawyers
    American Bar Association, Criminal Practice Division
    Association of Criminal Defense Attorneys of New Jersey
    New Jersey State Bar Association, Municipal Court Practice Section Trustee 2006-12, Chair 2012-14, Immediate Past Chair 2014-2016
    Monmouth County Bar Association
    Ocean County Bar Association
    Federal District Court for the District of New Jersey
    Federal District Court for the Southern District of New York
    Federal District Court for the Eastern District of New York
    Third Circuit Court of Appeals
    United States Supreme Court
  • We remember Francis X. Moore, Esquire, late counsel to the firm from February 2002 until his passing on August 9, 2003.  Frank had been licensed as an attorney in New Jersey and New York.  He was a founding regent of the National College for DUI Defense.  He is considered the father of DWI defense as a practice specialty in New Jersey.
    We remember Sarah Rose Menzel, mother of John Menzel, J.D., who passed from this life on April 18, 2008.
    We remember Thomas Coleman Menzel, uncle of John Menzel, J.D., who passed from this life on April 24, 2011.
    We remember Ron A. Venturi, J.D., M.B.A., former associate and of counsel to the firm, who passed from this life on December 21, 2013.  Ron had been licensed as an attorney since 1986.  He was a member Supreme Court Municipal Court Practice Committee; Irvington Municipal Court Judge 2002-2007; acting Judge, Newark Municipal Court 2002-2007; Irvington Municipal Prosecutor 1990-2002; and had appeared in more than 300 municipal courts throughout New Jersey.
  • State v. Denelsbeck, 220 N.J. 575 (2015), considering whether those facing third offense DWI penalties are entitled to a jury trial, argued October 26, 2015.  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. 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, nowpending 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), After acquittal of DWI, breath test refusal conviction reversed 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), the 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

  • ABCs of DWI: A Practical Guide to DWI, 2011 Seminar Materials, New Jersey Institute of Continuing Legal Education, 2011
    The Alcotest and State v. Chun, New Jersey Lawyer Magazine, No. 267, Municipal Court Practice, December 2010
    2010 Municipal Court College, Seminar Text and Materials, New Jersey Institute of Continuing Legal Education, December 2010
    Mastering Scientific Evidence: Alcotest 7110 MK III C Breakout Session, Seminar Text and Materials, Texas Criminal Defense Lawyers Association and National College for DUI Defense, April 16, 2009
    State v. Chun and the Alcotest 7110 MK-III-C: Motions to Reopen and Trial Preparation, Seminar Text, Association of Trial Lawyers of America--New Jersey Educational Foundation, October 17, 2008
    Mastering Scientific Evidence: Alcotest 7110 MK III C Breakout Session, Seminar Text and Materials, Texas Criminal Defense Lawyers Association and National College for DUI Defense, April 20, 2007
    How to Read the New Alcohol Influence Reports: A Short Course on Alcotest 7110 MK III C Version 3.11 Discovery, Seminar Text, New Jersey Institute of Continuing Legal Education, June 12, 2006
    Handling Drug & Serious Traffic Violations in Municipal Court: New Jersey Drunk Driving Defense, Seminar Text, Appendices, and Forms, New Jersey Institute for Continuing Legal Education, November 28, 2005
    Representing Your Client in Municipal Court: New Jersey Drunk Driving Defense, Seminar Text, Appendices, and Forms, New Jersey Institute for Continuing Legal Education, April 7, 2005
    Municipal Court Winning Strategies: New Jersey Drunk Driving Defense, Seminar Text, Appendices, and Forms, New Jersey Institute for Continuing Legal Education, November 13, 2000
    Junk Science and Handling Expert Testimony in Criminal Cases: How Your Municipal Defense of a DUI Case Can Impact a Related Superior Court Proceeding, Seminar Text and Appendices, Association of Criminal Defense Lawyers of New Jersey, October 28, 2000
    Representing Your Client in Municipal Court: New Jersey Drunk Driving Defense, Seminar Text, Appendices, and Forms, New Jersey Institute for Continuing Legal Education, January 12, 2000
    Representing Your Client in Municipal Court: New Jersey Drunk Driving Defense, Seminar Text, Appendices, and Forms, New Jersey Institute for Continuing Legal Education, November 18, 1998
    Municipal Court: New Winning Strategies: New Jersey Drunk Driving Defense, Seminar Text, Appendices, and Forms, New Jersey Institute for Continuing Legal Education, November 1, 1997
    Municipal Court's New Laws and Rules in 1997: New Jersey Drunk Driving Defense, Seminar Text, Appendices, and Forms, New Jersey State Bar Association Young Lawyers Division, et al., May 16, 1997
    Municipal Court: New Winning Strategies: New Jersey Drunk Driving Defense, Seminar Text, Appendices, and Forms, New Jersey State Bar Association Young Lawyers Division, et al., November 13, 1996
    Drunk Driving Defense, Seminar Text and Appendices, New Jersey State Bar Association Young Lawyers Division, et al., November 29, 1994
    Municipal Court: New Laws and New Opportunities, Seminar Text and Appendices, New Jersey State Bar Association Young Lawyers Division, May 20, 1994
    Drunk Driving Defense, Seminar Text and Appendices, New Jersey State Bar Association Young Lawyers Division, et al., November 18, 1993
    Municipal Court: New Laws and New Opportunities -- How to Get an Alternative Disposition for the Drunk Driving Defendant, Seminar Text, New Jersey State Bar Association Young Lawyers Division, et al., May 21, 1993
    Defense of Drunk Driving Charges, Seminar Text, Monmouth County Bar Association, Squire's Pub, West Long Branch, March 28, 1992
    Mapping an Alternative DWI Disposition Route, 129 New Jersey Law Journal 399, October 10, 1991
    Municipal Court Winning Strategies, Seminar Text and Appendices, New Jersey State Bar Association Young Lawyers Division, et al., April 30, 1991
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(1985) Licensed as Attorney in New York. Verified with New York State Unified Court System.February 27, 2016
(1984) Licensed as Attorney in New Jersey. Verified with New Jersey State Bar Association.February 27, 2016

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John Menzel
2911 Route 88
Suite 12
Point Pleasant, NJ 08742
40.0812767,-74.0804011

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2911 Route 88
Suite 12
Point Pleasant, NJ 08742


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