The defendant in a DWI case appealed the denial of his motion for post-conviction relief (PCR), which the municipal court and the Superior Court, Law Division said was not filed in a timely manner. He claimed that he was not aware of his right to bring a motion for PCR,…
In a New Jersey DWI case, a defendant may claim that a police officer made a mistake that affects the outcome of the case. A “mistake of law” might involve conduct that an officer incorrectly believes is against the law, while a “mistake of fact” could be an error or…
In order to prove that a defendant has committed the offense of driving while intoxicated (DWI) in New Jersey, prosecutors do not necessarily have to provide direct proof that the defendant was driving, such as through testimony from an arresting officer that they saw the defendant driving erratically, or that…
A recent ruling by the U.S. Supreme Court, Rodriguez v. United States, establishes limits on police authority during traffic stops. The court ruled that an officer’s authority over the driver ends once the officer accomplishes the “mission” of the traffic stop, which in this specific case involved writing a warning…
A charge of alleged driving while intoxicated (DWI) in New Jersey requires a thorough and vigorous defense from the moment charges are filed. A recent decision from the New Jersey Superior Court, Appellate Division, State v. Haas, demonstrates that a court may not be able to reduce certain penalties prescribed…
Diversion programs, commonly known as “drug courts,” are becoming increasingly common around the country. Courts may refer a case to a local drug court in order to provide more focus on rehabilitation and recovery, rather than guilt and punishment. Defendants charged with nonviolent drug- or alcohol-related offenses may be eligible.…
The New Jersey Superior Court, Appellate Division reversed a defendant’s DWI conviction in January 2015 in State v. Barillari, based on discrepancies between the municipal court’s findings and the findings of the Superior Court, Law Division. The state had presented the arresting officer’s testimony regarding the defendant’s driving, demeanor, appearance,…
A defendant in a New Jersey DWI case claimed that the municipal court denied him two important constitutional rights: the right against self-incrimination and the right to a trial by jury. The Fifth Amendment to the U.S. Constitution provides that no one may be compelled to give testimony against themselves…
Are breath or blood test results required to prove that a driver was legally intoxicated? While test results showing blood alcohol content (BAC) above 0.08 percent might be the most well-known means of proving intoxication, it is not the only means. A defendant recently asked a New Jersey appellate court…
A defendant appealed his conviction of driving while license suspended (DWLS) to the New Jersey Superior Court, Appellate Division, claiming that the trial court should not have counted DWI convictions from New York as prior convictions under New Jersey law. State criminal law treats DWLS as a criminal offense, not…