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Articles Posted in DWI Appeal

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New Jersey Court Reverses DWI Conviction Due to Admission of Hearsay Evidence

In many instances in which a defendant is charged with a DWI offense, the key disputed issue is whether the defendant actually operated a vehicle while intoxicated. Thus, in many cases, the prosecution will seek to introduce circumstantial evidence that suggests the defendant was driving prior to his or her…

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New Jersey Court Discusses Standard for Granting a Petition to Withdraw an Uncounseled Guilty Plea in a DWI Case

Multiple DWI convictions can result in severe consequences, including the loss of a driver’s license. Thus, it is prudent for anyone charged with DWI to consult an attorney to discuss which defenses may be available to help avoid a conviction or reduce any penalties. This was demonstrated in a recent…

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Court Discusses Standard for Granting Post-Conviction Relief in New Jersey DWI Cases

Simply because a person is convicted of DWI does not mean that the person has no options for seeking relief from the conviction. Rather, under New Jersey law, if a criminal defendant produces sufficient evidence that his or her conviction should be vacated, the person may be eligible for post-conviction…

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New Jersey Court Analyzes Sufficiency of Warning Regarding the Consequences of Refusal to Submit to a Breath Test

Under New Jersey’s implied consent law, anyone who drives a car is deemed to consent to a chemical breath test. Thus, if a person stopped for suspicion of DWI refuses to submit to a test, he or she can face additional consequences. Police officers are required to inform DUI suspects…

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New Jersey Court Explains Operation of a Vehicle May Be Proven Through Circumstantial Evidence in DWI Cases

Many people assume that they cannot be convicted of a DWI in New Jersey if they are not stopped by a police officer while driving under the influence of alcohol. However, this is inaccurate as shown in a recent case decided by the Superior Court of New Jersey, Appellate Division,…

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Court Analyzes Sufficiency of Observational Evidence in New Jersey DWI Cases

Many New Jersey DWI convictions were supported, in part, by the results of chemical testing. In 2018, however, the New Jersey Supreme Court invalidated the results of breath tests in many cases. Thus, in cases where a defendant’s conviction is based on a breath test, the conviction may be void.…

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