Under New Jersey’s implied consent law, drivers are deemed to consent to submit to breath tests if they are stopped for suspicion of DWI. As such, if a driver declines to submit to a breath test, the driver can be charged with refusal to submit to a chemical test, which…
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,…
Generally, when a person is charged with a DWI, the State is not permitted to introduce evidence of other crimes to support the assertion that the person committed the crime with which he or she is currently charged. Evidence of prior bad acts may be admitted for other reasons, however,…
Under New Jersey law, a police officer can effectuate a traffic stop if he or she has a reasonable suspicion that the driver committed a traffic violation. While generally, a police officer’s suspicion that a violation has occurred arises out of personal observation, officers may also be dispatched to investigate…
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…
In many instances, the police will seek blood draw from a person suspected of DWI. The police must obtain a person’s consent or a warrant prior to obtaining a blood draw, however, and if the police fail to comply with the proper procedures for obtaining a blood sample, the results…
Many New Jersey DWI charges arise out of breath tests that indicate a blood alcohol concentration over the legal limit. Thus, if a defendant charged with DWI can prove that a breath test was inaccurate, he or she may be able to obtain a dismissal of his or her DWI…
Under New Jersey law, a person convicted of a second or subsequent DWI may be subject to additional penalties. Further, a defendant may face additional penalties if he or she was previously convicted of a DWI or a similar offense in a state other than New Jersey. Recently, a New…