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Articles Posted in Defending the Case

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The “Right to Remain Silent” in New Jersey DWI Cases

Anyone who watches cop shows on television knows the warning police must read to a suspect when they place them under arrest. Known as the “Miranda warning,” after the U.S. Supreme Court’s 1966 decision in Miranda v. Arizona, it is legally required before police may formally interrogate a suspect. The…

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Breath Testing in New Jersey DWI Cases and the Right Against Self-Incrimination

The Fifth Amendment to the U.S. Constitution protects the right against self-incrimination. The extent of this protection is not always clear, however, and the right to refuse to provide information to police has limits. In driving while intoxicated (DWI) investigations, suspects are often asked to provide breath samples for chemical…

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What Statements by a New Jersey DWI Defendant Are, and Are Not, Admissible in Court?

When police detain and question a person on suspicion of driving while intoxicated (DWI), the Fourth, Fifth, and Fourteenth Amendments to the U.S. Constitution protect that person’s rights. The Fourteenth Amendment officially extended most of the Bill of Rights to state-level law enforcement, meaning that local police are subject to…

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New Jersey’s DWI “Step-Down” Provisions for a Fourth or Subsequent Offense

New Jersey law regarding driving while intoxicated (DWI) imposes progressively harsher penalties for multiple convictions. A defendant might not face heightened penalties, however, through “step-down” provisions in New Jersey statutes and caselaw. If enough time passes between convictions, a second offense might be treated as a first offense for sentencing…

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Few Consistent Legal Standards Exist for DWI Cases Involving Marijuana

The legal standards in New Jersey for proving impairment by alcohol in cases of alleged driving while intoxicated (DWI) are fairly well established. Prosecutors can offer evidence of a defendant’s alleged blood alcohol content (BAC), or they can introduce eyewitness and expert testimony. The DWI statute does not only apply…

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Defendant in New Jersey DWI Case Challenges Conviction of “Per Se” DWI

New Jersey law allows prosecutors to offer evidence of driving while intoxicated (DWI) in two ways. One way relies on evidence like testimony by police officers about outward signs of intoxication, including appearance and behavior. The second method involves evidence that a defendant’s blood alcohol content (BAC) was above a…

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Defendant Consented to Warrantless Blood Draw Shortly After Car Accident, New Jersey Court Finds

Under New Jersey’s driving while intoxicated (DWI) statute, a defendant is presumed to be legally impaired by alcohol if their blood alcohol content (BAC) is 0.08 percent or higher. Police in New Jersey commonly use a device known as the Alcotest to collect breath samples, which the device analyzes to…

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New Jersey Media Examine “Toughness” of State DWI Laws

The legal treatment of driving while intoxicated (DWI) varies from one state to another, with some states categorizing it as a criminal offense and others, including New Jersey, calling it a traffic or motor vehicle offense. Several recent media reports have questioned whether New Jersey’s DWI laws are “tough enough,”…

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New Jersey Appellate Division Addresses DWI Step-Down Provisions in Refusal Case

New Jersey law imposes increasingly harsh penalties for subsequent convictions of driving while intoxicated (DWI) and refusal to submit to breath testing. Penalties for both offenses may include fines, a driver’s license suspension, and the mandatory use of an ignition interlock device. A conviction for DWI may also involve jail…

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New Jersey Supreme Court Addresses Stays of Driver’s License Suspensions in DWI Appeals

A conviction for driving while intoxicated (DWI) in New Jersey results in a mandatory driver’s license suspension. A defendant has the right to appeal a conviction in municipal court, first to the Law Division and then to the Appellate Division. Courts have the authority to grant a stay of the…

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