New Jersey is one of many states that has an implied consent law. This means that if people are stopped for suspicion of DWI, it is presumed under the law that they consent to submit to breath tests, and if they do not, they can be charged with refusal crimes.…
Under New Jersey law, motorists are required to submit to breath tests when they are requested by police officers due to suspicion of DWI. People who refuse to provide the police with a breath sample may be charged with the refusal to submit in addition to DWI charges. Recently, a…
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…
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…
While all DWI charges should be regarded as serious, a charge for a third or subsequent DWI offense can result in significant penalties, including license suspension and jail time. Once a person is convicted of DWI however, trying to get a conviction reversed can be an extremely difficult task. Recently,…
In many DWI cases, it is prudent for a defendant to enter into a plea agreement in hopes of receiving a lesser sentence. Typically, the court will go to great lengths to advise the defendant of the potential penalties associated with entering a guilty plea, to make sure the defendant…
While it is unlawful for a person to operate a vehicle while under the influence of alcohol in New Jersey, not all DWI offenses are treated equally, as some carry enhanced penalties. For example, a conviction for a DWI in a school zone carries greater penalties than if the offense…
Typically, when the police suspect a person is guilty of driving while intoxicated, they will request that the person provide a breath sample. As New Jersey’s implied consent laws require drivers to submit to a breath test, the failure to do so may result in a refusal charge in addition…
In New Jersey, when a person is suspected of DWI, the police must obtain either a warrant or the person’s permission prior to obtaining a blood sample. In certain instances, however, the police may obtain a blood sample absent consent or the authority to do so from a judge. The…
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.…