Close

Articles Posted in Defending the Case

Updated:

Court Decision Changes Warning Requirements for New Jersey Police Administering Breath Tests to DWI Suspects

New Jersey law contains two different, but related, provisions related to driving while intoxicated (DWI). The DWI statute addresses the actual alleged act of driving while under the influence of alcohol or another intoxicating substance. The refusal statute deals with drivers who refuse to submit to breath or blood testing…

Updated:

Ignition Interlock Devices Would Be Required in All New Jersey DWI Convictions Under Proposed State Senate Bill

A bill that was recently approved by the New Jersey State Senate Budget and Appropriations Committee (NJSBA) would change the requirements for ignition interlock devices (IIDs) in driving while intoxicated (DWI) cases. Under current New Jersey DWI law, an IID is only mandatory for second or subsequent convictions, or in…

Updated:

Court Ruling May Make Footage of Traffic Stops Available Earlier in New Jersey DWI Cases

Two recent rulings from a New Jersey court may allow defendants and the public to view police dashboard camera footage from traffic stops. The plaintiffs sought videos from specific stops, both involving alleged police misconduct, under the state’s Open Public Records Act (OPRA). The Ocean County Prosecutor’s Office (OCPO), a…

Updated:

Proposed Bill Would Amend New Jersey DWI Law by Adding “Zero Tolerance” Provisions for Inhalants

A New Jersey Senate committee has approved a bill that would amend the state’s driving while intoxicated (DWI) statute to more specifically address driving while under the influence of inhalants. Supporters dubbed the bill “Kimmie’s Law,” after a teenager who died after a car accident with a driver who had…

Updated:

Driver Successfully Fights DWI by Citing First Amendment

The act of flashing one’s headlights or high beams at another driver can have many different meanings, one of which is to warn that a speed trap is ahead. Some states have enacted laws prohibiting this practice, ostensibly for public safety. New Jersey’s statute, for example, prohibits flashing headlights that…

Updated:

New Jersey DWI Law Does Not Require Police to Witness Actual Driving, as Arrest of Sleeping Man for DWI Demonstrates

The arrest of a man found sleeping in his car on a New Jersey road for alleged driving while intoxicated (DWI) raises a rather obvious question:  can police arrest someone for DWI if they did not actually see the person driving? New Jersey’s DWI statute, which prohibits “operat[ing] a vehicle”…

Updated:

New Jersey Law Enforcement Patrol Vehicles Required to Have Video Cameras Under New Law, Funds to Come from New DWI Surcharges

Police patrol cars in New Jersey must be equipped with video cameras under a new law passed by the New Jersey Legislature and signed by the Governor in September 2014. The law takes effect during a time when police accountability is a topic of national interest. Video cameras, either worn…

Updated:

How Does the State Prove “Intoxication” in New Jersey DWI Cases Involving Drugs Instead of Alcohol?

The criminal offense of driving while intoxicated (DWI) is most often associated with alcohol, hence the term “drunk driving.” It is also an offense under New Jersey’s DWI statute to operate a motor vehicle while under the influence of certain other drugs. While the statute determines the severity of a…

Updated:

Second or Third DWI Convictions in New Jersey Do Not Always Result in Enhanced Penalties

The Appellate Division of the New Jersey Superior Court ruled in State v. Lawrence that a defendant should not have received an enhanced sentence for driving while intoxicated (DWI), even though he had two prior convictions. New Jersey law increases the penalties for second, third, and subsequent DWI convictions, but…

Updated:

New Jersey’s DWI Statute Allows Prosecutors to Charge Passengers with DWI for “Permitting” Intoxicated Person to Drive

New Jersey law deals very seriously with the traffic offense of driving while intoxicated (DWI). An arrest for DWI can result in a license suspension, if the State can prove the offense in court beyond a reasonable doubt. However, a person does not even need to be driving a vehicle,…

Contact Us