When some people are stopped by the police due to suspicion of DWI, they may be tempted to avoid exiting their vehicles, under the mistaken belief that they can avoid a DWI charge by refusing to submit to field sobriety testing. However, as demonstrated in a recent case ruled on…
In most New Jersey DWI cases, the State must prove beyond a reasonable doubt that the defendant committed each element of a crime. In cases in which the defendant pleads guilty, however, the State’s burden differs. Thus, it is critical for someone considering entering a guilty plea to fully understand…
Under New Jersey law, there are defined procedures the police must adhere to when administering a breath test to a DWI defendant to determine the defendant’s blood-alcohol level. If the police deviate from the procedures set forth under the law, the results of the test may be invalid. In a…
In many instances in which a defendant is charged with a DWI offense, the key disputed issue is whether the defendant actually operated a vehicle while intoxicated. Thus, in many cases, the prosecution will seek to introduce circumstantial evidence that suggests the defendant was driving prior to his or her…
A person charged with a DWI has the right to a prompt resolution of his or her case. Thus, if the State unjustly delays prosecution of a case, it may result in a dismissal. A DWI defendant seeking dismissal of his or her charges due to a delay must prove…
When a person is charged with a DWI crime, it does not necessarily mean that he or she will be convicted. To the contrary, in some cases, the State’s evidence will be insufficient, or the State will be precluded from introducing evidence against the defendant, due to the manner in…
Multiple DWI convictions can result in severe consequences, including the loss of a driver’s license. Thus, it is prudent for anyone charged with DWI to consult an attorney to discuss which defenses may be available to help avoid a conviction or reduce any penalties. This was demonstrated in a recent…
Under New Jersey law, DWI defendants are not required to offer any evidence in their defense. Instead, the burden is on the State to prove, beyond a reasonable doubt, that a defendant committed each element of the charged offense. In some cases, however, it may be beneficial for a defendant…
While most DWI charges arise out of traffic stops effectuated due to a traffic violation, under New Jersey law, a person may be charged with a DWI even if they are not actually observed driving a vehicle. Instead, the State must prove that a defendant charged with a DWI was…
Simply because a person is convicted of DWI does not mean that the person has no options for seeking relief from the conviction. Rather, under New Jersey law, if a criminal defendant produces sufficient evidence that his or her conviction should be vacated, the person may be eligible for post-conviction…