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…
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…
The state has the burden of proving a defendant’s guilt beyond a reasonable doubt in New Jersey criminal cases, as well as cases involving motor vehicle offenses like driving while intoxicated (DWI). Some defenses that a defendant can raise shift the burden of proof, requiring the defendant to produce evidence…
Defending against a charge like driving while intoxicated (DWI) in New Jersey requires knowledge of the DWI statute and all of its elements and requirements, as well as the court system’s procedures, rules, and schedules. The state is obligated to prove every element of the offense of DWI beyond a…
In any trial for a criminal or motor vehicle offense in New Jersey, the state has the burden of proving each element of the offense, as defined by statute, beyond a reasonable doubt. If the state fails to prove every element of a charged offense, a judge or jury is obligated…
The state can offer various forms of evidence to prove that a defendant charged with driving while intoxicated (DWI) was in fact impaired by alcohol or drugs, including a blood alcohol content (BAC) of 0.08 percent or greater. New Jersey law assists police and prosecutors by making refusal to submit…
The legal systems of the U.S., New Jersey, and other states have developed rules and procedures regarding trials. The New Jersey Rules of Evidence (NJRE) establishes standards for the admissibility of various types of evidence, including testimony and documentary evidence, as well as procedures for questioning witnesses at trial. Any…
The New Jersey statute defining the motor vehicle offense of driving while intoxicated (DWI) gives prosecutors several options for proving a defendant’s guilt. They can introduce evidence of blood alcohol content (BAC) above the “legal limit” established by law, and they can also introduce other evidence to show that a driver…
The Sixth Amendment to the U.S. Constitution guarantees multiple rights in criminal cases. New Jersey does not treat driving while intoxicated (DWI) as a criminal offense, but the courts of this state have extended some of the Sixth Amendment’s protections to DWI cases, including “the right to a speedy and…
Defendants charged with criminal offenses in New Jersey can raise a variety of defenses. These are specific claims or arguments asserting that, even if the allegations against the defendant are correct, the defendant is not criminally liable. Many defenses are derived from the common law, and the New Jersey Code…