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…
In 2014, the New Jersey Legislature passed a bill, A2280, mandating dashboard video cameras for all new police vehicles used in traffic enforcement. The Governor signed the bill into law in September of that year, but as of mid-2016, the widespread use of dashboard cameras is unlikely to become a reality…
In criminal prosecutions, the state has the burden of proving a defendant’s guilt beyond a reasonable doubt. This is an intentionally difficult burden, designed to protect the rights described in the Fourth, Fifth, and Sixth Amendments to the U.S. Constitution. Although driving while intoxicated (DWI) is a motor vehicle offense…