Marijuana laws are undergoing reform all over the country. Numerous states allow medicinal marijuana use with a doctor’s prescription, and a handful of states have decriminalized it for recreational use. It remains illegal under federal law, however, and is only permitted for limited medicinal purposes in New Jersey under the…
Articles Posted in Defending the Case
City Faces Massive Backlog of Untested Blood Samples, Potentially Delaying DWI Prosecutions
A Texas city is facing a major backlog of blood samples collected in driving while intoxicated (DWI) cases. San Antonio subjects DWI suspects to mandatory blood draws if they refuse to submit a breath sample. Police use breath or blood samples to determine blood alcohol content (BAC). A BAC level…
Medical Marijuana Patient Acquitted of DWI
The offense of driving while intoxicated (DWI) includes more than just alcohol. Almost any drug that causes an impairment can lead to a DWI charge. The law in New Jersey and other states specifically sets a “legal limit” for blood alcohol content (BAC), but it does not always specify an…
The Fifth Amendment Privilege Against Self-Incrimination in New Jersey DWI Cases
The Bill of Rights contains numerous important protections for people against possible overreach by the government, especially in prosecutions for alleged offenses. The Fifth Amendment protects a very important right: the privilege against self-incrimination. This means that a court cannot compel a person to testify against themselves in a criminal…
Five Factors Courts May Consider in Determining Whether a Driver Was Impaired in a New Jersey DWI Case
A common misconception in driving while intoxicated (DWI) cases involves breath testing and blood alcohol content (BAC). New Jersey’s DWI statute states that a person who operates a vehicle with a BAC of 0.08 percent or higher commits a violation, but this is not the only way the state can…
Defendant in New Jersey DWI Case Claims Act of Driving Was Justified to Avoid “Greater Evil”
In some situations, a defendant in a criminal case can claim that their actions were justified under the specific circumstances that existed at the time of the alleged offense, since they were necessary to avoid or prevent a different crime or injury that would have been objectively worse. This is generally…
New Jersey Appellate Courts Are Limited in Their Ability to Review Factual Findings in DWI Cases
A prosecution for alleged driving while intoxicated (DWI) in New Jersey usually begins in the municipal court of the city, borough, town, township, or village in which the arrest occurred. A defendant can appeal a DWI conviction for reversible error, abuse of discretion, and other grounds. A July 2015 appellate…
Felony DWLS Conviction Overturned by New Jersey Appellate Court
A conviction for driving while intoxicated (DWI) in New Jersey usually results in a driver’s license suspension, with the length of time varying based on the defendant’s blood alcohol content (BAC) and number of prior convictions. Driving while license suspended (DWLS) is a separate traffic offense under New Jersey law,…
Is a “Necessity” Defense Possible in a New Jersey DWI Case?
The defense of “necessity” claims that a person charged with an offense was justified in committing an otherwise unlawful act, and therefore should not face legal penalties. New Jersey law, as interpreted by New Jersey courts, sets a high bar for a defendant claiming necessity, but once a defendant clears…
How Federal Law Could Affect a New Jersey DWI Case
The United States has a federal system of government, in which state governments have the authority to pass laws with regard to some issues, and the federal government in Washington handles other issues. Criminal law is one of many areas where state and federal governments might overlap, but driving while…