Under New Jersey’s implied consent law, anyone who drives a car is deemed to consent to a chemical breath test. Thus, if a person stopped for suspicion of DWI refuses to submit to a test, he or she can face additional consequences. Police officers are required to inform DUI suspects…
New Jersey DWI Lawyer Blog
New Jersey Court Explains Operation of a Vehicle May Be Proven Through Circumstantial Evidence in DWI Cases
Many people assume that they cannot be convicted of a DWI in New Jersey if they are not stopped by a police officer while driving under the influence of alcohol. However, this is inaccurate as shown in a recent case decided by the Superior Court of New Jersey, Appellate Division,…
Court Analyzes Sufficiency of Observational Evidence in New Jersey DWI Cases
Many New Jersey DWI convictions were supported, in part, by the results of chemical testing. In 2018, however, the New Jersey Supreme Court invalidated the results of breath tests in many cases. Thus, in cases where a defendant’s conviction is based on a breath test, the conviction may be void.…
Proof of Operation of a Vehicle in DWI Cases Is Analyzed by New Jersey Court
If a person is charged with a DWI crime in New Jersey, the State must prove each element of the alleged offense to obtain a conviction. In other words, the State must not only prove that the defendant was impaired due to the ingestion of alcohol, but also that the…
New Jersey Court Discusses a DWI Defendant’s Right to a Speedy Trial
DWI defendants have numerous rights under the law, including the right to a speedy trial. In other words, criminal defendants have a right to be tried within a certain amount of time from when the charges against them are filed, and if they are not, the charges may be dismissed.…
New Jersey Court Discusses Reliability of Blood Tests in DWI Cases
Under New Jersey law, it is illegal for anyone to operate a motor vehicle while under the influence of alcohol or with a blood alcohol level of 0.08% or higher. Typically, a DWI defendant’s blood alcohol level is established via a breath or blood test. In many cases, the defendant…
New Jersey Court Clarifies Reliability of Horizontal Gaze Nystagmus Test in DWI Cases
There are numerous factors a judge or jury can consider in determining whether a person is guilty of DWI, and in many cases, the court will rely on cumulative evidence in determining a person’s guilt. If the State does not have sufficient evidence to prove a defendant was driving while…
Court Discusses Rights Afforded to New Jersey DWI Defendants
Many people think that if they are charged with a DWI, a conviction is inevitable. DWI defendants have numerous rights, however, f their rights are violated during the course of a DWI investigation, the state may be prohibited from introducing evidence found during the investigation against the defendant. The Superior…
New Jersey Police Officer Charged with DWI after Hit and Run Crash
New Jersey takes a tough stance against anyone convicted of driving while intoxicated (DWI). If you were apprehended for a DWI, our accomplished New Jersey drunk driving lawyers are here to protect your rights. We will conduct a thorough investigation into the criminal allegations against you and devise an aggressive…
Thirteen Percent of U.S. Drivers Underestimate Dangers of Driving While High
Being arrested for driving while intoxicated (DWI) is an extremely serious matter that needs to be handled with the utmost care. Not only are these charges difficult to deal with from a legal standpoint, they can also adversely affect your future and your employment. If you have been charged with…