Most DWI arrests in New Jersey arise out of a traffic stop. While some traffic stops that result in DWI arrests arise from erratic driving or suspicion of DWI, many traffic stops that ultimately result in a DWI arrest were instituted for reasons that have nothing to do with a…
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…
In some cases in which a defendant is charged with DWI, the State has compelling evidence, and it is prudent for the defendant to enter into a plea agreement to reduce the possibility of the imposition of a significant penalty. Thus, a defendant may plead guilty in exchange for a…
People often refer to New Jersey as the Garden State, in part due to the high number of farms throughout the state. As such, it should come as no surprise that many people who live in New Jersey own tractors. Although people typically do not use tractors as a primary…
Many people who travel through New Jersey are from other states, but that does not mean they are immune to penalties imposed by New Jersey courts, including sentences in DWI cases. In other words, simply because a driver is licensed in another state does not mean that he or she…
Although many people think of DWI arrests as arising out of the operation of a vehicle while intoxicated due to the consumption of alcohol, a person can be charged with a DWI for driving or operating a vehicle while under the influence of other substances that impairs his or her…
An issue commonly disputed in New Jersey DWI cases is whether the State has sufficient evidence to establish that the defendant was operating a vehicle while intoxicated. Due to several recent unpublished opinions set forth by the Appellate Division of the Superior Court of New Jersey, the court set forth…
One of the tenets of criminal law is that a defendant has the right to a fair and impartial trial. Thus, if a DWI defendant believes that a judge is unduly prejudiced or biased against the defendant, he or she can file a motion for recusal. Recusal is only granted…
One of the key elements of a New Jersey DWI charge is the operation of a vehicle. If the State is unable to prove this element, a person charged with DWI should not be convicted. The Superior Court of New Jersey, Appellate Division, recently re-affirmed, however, that operation is not…
In many instances, even if a person is convicted of DWI, he or she may be able to obtain post-conviction relief. While there are substantive requirements a person must meet to obtain a reversal of a DWI conviction, there are procedural requirements as well. This was discussed in a recent…