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…
Articles Posted in DWI Appeal
Court Discusses What Constitutes a Violation of a New Jersey DWI Defendant’s Right to a Speedy Trial
A person charged with a DWI has the right to a prompt resolution of his or her case. Thus, if the State unjustly delays prosecution of a case, it may result in a dismissal. A DWI defendant seeking dismissal of his or her charges due to a delay must prove…
Court Discusses Necessity Defense in New Jersey DWI Cases
When a person is charged with a DWI crime, it does not necessarily mean that he or she will be convicted. To the contrary, in some cases, the State’s evidence will be insufficient, or the State will be precluded from introducing evidence against the defendant, due to the manner in…
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…
New Jersey Court Discusses Evidentiary Determinations in DWI Cases
Under New Jersey law, DWI defendants are not required to offer any evidence in their defense. Instead, the burden is on the State to prove, beyond a reasonable doubt, that a defendant committed each element of the charged offense. In some cases, however, it may be beneficial for a defendant…
New Jersey Court Discusses What Constitutes Operation of a Vehicle in DWI Cases
While most DWI charges arise out of traffic stops effectuated due to a traffic violation, under New Jersey law, a person may be charged with a DWI even if they are not actually observed driving a vehicle. Instead, the State must prove that a defendant charged with a DWI was…
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…
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…
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,…
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.…