A New Jersey appellate court recently considered the question of whether a defendant must inform the court of prior convictions that, under New Jersey law, could result in an enhanced sentence. In an unpublished February 2015 decision, State v. Kane, the court ruled that a defendant charged with driving while…
An individual who has made a name for himself publicizing the locations of police checkpoints in Southern California recently settled a wrongful arrest lawsuit against a California city. A police officer arrested him for alleged DWI, he claimed in his lawsuit, after he refused to submit to a field sobriety…
Pretrial intervention (PTI) is a program operated by the New Jersey court system that allows defendants the chance to avoid the ordinary criminal prosecution process. Although it is not available to people charged with driving while intoxicated (DWI), it is still worth understanding because traffic stops and DWI arrests sometimes…
When police in New Jersey suspect someone of driving while intoxicated (DWI), they may ask them to take a field sobriety test (FST) before placing them under arrest. A person could “fail” FSTs for any number of reasons besides intoxication, such as injury, weather conditions, or even just standing on…
The U.S. Supreme Court issued a ruling in December 2014 that could have a significant effect on DWI cases in New Jersey. The case involves two fundamental principles of the American criminal justice system. First, law enforcement officers must have reasonable suspicion of a criminal or traffic offense in order…
The holiday season, starting with Halloween and continuing through Christmas and other winter holidays, always brings stories of unusual events that go “viral” on the internet, including strange or embarrassing DWI arrests. This unwanted, if usually only temporary, fame is yet another consequence of a DWI arrest that happens regardless…
New Jersey law directs courts to apply sentencing enhancements for a second driving while intoxicated (DWI) conviction, with additional enhancements for third and subsequent convictions. In certain circumstances, however, trial courts may not use sentencing enhancements when the statute might otherwise require them to do so. A “step-down” provision in…
The right to a trial by jury is a fundamental principle of our criminal justice system enshrined in our Constitution. What many people might not know, however, is that jury trials are not guaranteed in all criminal cases. The Sixth Amendment only guarantees a jury trial in criminal cases where…
An arrest for alleged driving while intoxicated (DWI) in New Jersey has serious consequences, even before charges are filed or the case goes to trial. A driver could face license suspension and other administrative penalties that are largely separate from the court procedures for a DWI case. He or she also…
The New Jersey Supreme Court, in affirming the reversal of a DWI conviction, cautioned municipal courts throughout the state to keep pretrial suppression hearings separate from actual trials, noting that the two types of proceedings have substantially different purposes. The decision in State v. Gibson, issued on September 16, 2014,…