Under New Jersey law, a person charged with DWI has the right to a fair and impartial trial. Thus, if it is clear that a trial judge is biased or otherwise engages in misconduct that is prejudicial to the defendant, it may constitute grounds for a new trial or re-sentencing.…
The New Jersey criminal courts are tasked with handling a high volume of cases each year. Thus, to cut down on unnecessary hearings, the court allows some people who are charged with less serious offenses to enter into the Pretrial Intervention Program (PTI), thereby avoiding a trial and conviction. The…
While generally people charged with DWI offer a defense at trial, in some instances, it makes sense for a defendant to enter a guilty plea. Even if a defendant chooses not to contest the charges against him or her though, the court must take certain measures to ensure that the…
Under New Jersey law, if a DWI suspect declines to submit to a blood test, the police must obtain a warrant to conduct a blood draw. Thus, if blood is taken from a DWI suspect without consent or a warrant, it may constitute an unreasonable search and seizure in violation…
Many people incorrectly believe that a DWI charge is merely akin to a traffic offense and that they do not need to hire an attorney or retain knowledgeable counsel. The consequences of retaining an inexperienced lawyer were illustrated in a recent New Jersey DWI appeal, in which the defendant was…
Discovery is a critical part of any DWI case, as it allows the defendant to determine what evidence the state seeks to introduce at trial and helps prepare defenses to refute the implications of that evidence. Thus, if the state commits a discovery violation, it may greatly impact a defendant’s…
In New Jersey, both the State and the defendant have the right to examine witnesses at trial. Thus, in cases in which either party tries to admit an out of court statement in lieu of testimony, the statement may be barred under the confrontation clause. The parameters of the confrontation…
In New Jersey, prosecutors are appointed by local governing bodies. Thus, if a person is charged with a DWI offense, an attorney appointed by the municipality will typically be tasked with presenting the State’s evidence against the defendant. Even if another attorney represents the State in criminal proceedings, however, it…
In some instances in which a DWI accident is especially catastrophic and there was more than one person in the car at the time of the incident, it may not be clear who was driving. Thus, the State will likely have to determine who was driving and then who should…
Under New Jersey’s implied consent law, drivers are deemed to consent to submit to breath tests if they are stopped for suspicion of DWI. As such, if a driver declines to submit to a breath test, the driver can be charged with refusal to submit to a chemical test, which…