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…
Generally, a police officer may not lawfully stop a vehicle unless the officer reasonably believes or suspects that the driver of the vehicle committed a traffic violation or a crime. Additionally, if an officer violates a driver’s rights by stopping the driver without just cause, the State may be barred…
Under both the New Jersey and Federal Constitutions, defendants charged with DWI have numerous rights, including the right to a prompt resolution of the charges against them. Thus, if the State violates a defendant’s right to a speedy trial, the defendant may be able to argue for the dismissal of…
In most instances in New Jersey, when a person is charged with DWI, the State will base the charges on the results of a chemical test showing the person’s blood alcohol concentration (BAC). A BAC is not required to charge a person with DWI or to obtain a conviction, however,…
In many instances in which a person is convicted of a New Jersey DWI offense, he or she will appeal his or her municipal court conviction, and in some instances, will appeal a conviction from the Law Division as well. Whether an appeal from either court will be successful depends…
Under New Jersey law, prior to conducting field sobriety tests on a person, the police must have reasonable suspicion that the person is intoxicated. Odtherwise, the results of the field sobriety tests may be inadmissible. There is no single fact that constitutes sufficient grounds to reasonable suspicion, however, and in…