Many people who are charged with DWI offenses are able to avoid the stress and risks associated with a criminal trial by entering into pre-trial intervention (PTI). PTI is not a right, however, and many people who apply for PTI are rejected. Recently, a New Jersey court explained the grounds…
Articles Posted in First Offense DWI
New Jersey Court Discusses Denial of Pre-Trial Intervention in DWI Cases
Many criminal defendants charged with DWI offenses are eligible for pre-trial intervention (PTI). Not all DWI defendants qualify, however, and if an application for PTI is denied, it can be difficult to obtain a reversal. In a recent New Jersey opinion in a case in which the defendant was charged…
Court Explains Operation of a Vehicle in the Context of New Jersey DWI Charges
It is not uncommon for people to spend time in their cars for purposes other than driving. While generally, sitting in a parked vehicle is not notable, a person sitting in the driver’s seat of a car while intoxicated is deemed to be in operation of the vehicle and it…
New Jersey Court Discusses Standard of Review for DWI Appeals
In a New Jersey DWI case, the State must prove in municipal court beyond a reasonable doubt that the defendant is guilty of the charged offenses. A defendant that is convicted despite insufficient evidence has the right to appeal to the law division. The law division must abide by certain…
New Jersey Court Discusses a Criminal Defendant’s Right to Testify in a DWI Matter
People charged with DWI offenses have the right to choose whether to testify in their own defense. While in some instances, such testimony may exonerate a defendant, in others, it may impair a defendant’s credibility and defenses, and it is prudent for the defendant to remain silent. In a recent…
States Add Mandatory Ignition Interlock Device (IID) Laws; New Jersey Continues to Mull IIDs
Mississippi has added its name to the list of states now requiring ignition interlock devices (IIDs) for all DWI offenders, even first-time convicted drunken drivers. New Jersey is waiting in the wings right now, as legislators in Trenton hash things out regarding the state’s mandatory IID law. While the debate…
DWI Defense Update: Drivers Charged with DWI are Well-advised to Maintain Decorum at Trial
As Garden State DWI-DUI defense attorneys, my colleagues and I strive to help individuals who have been charged with drunken driving or hit with a drug DUI summons, among other alcohol- or drug-related driving offenses. While some people may not understand the importance of preparation prior to a DWI hearing,…
FAQ: NJ Drunk Driving Arrests and the Consequences of a DWI Conviction — Part Five
For those individuals who find themselves on the wrong side of the law, that is, a motorist who has been arrested for a drunken driving offense, the immediate issue at hand is often trying to locate a competent DWI-DUI attorney to represent oneself against the local municipal prosecutor who is…
FAQ: NJ Drunk Driving Arrests and the Consequences of a DWI Conviction — Part One
For anyone arrested on a drunk driving offense, the immediate issue is usually finding a good lawyer to help defend against the state’s prosecution of those charges. In short, your time has come and action should be taken to seek legal counsel regarding one’s DUI-DWI case. For the balance of…
Facing Drunk Driving or Drug DUI Charges? Consider the Long-Term Effects of a Possible Conviction
Although the majority of drivers here in New Jersey are likely aware of the more immediate effects of a drunken driving arrest and conviction — such as license suspension, fines, insurance premium assessments and even jail time — fewer people have considered the longer-term effects of a DWI-DUI. As Garden…