Prosecutors can offer evidence of impairment by several means other than alcohol in driving while intoxicated (DWI) cases, such as illegal drugs, prescription medications, or even certain over-the-counter medications. In one recent DWI case in New Jersey, a defendant claimed that, at the time of her arrest, she was having…
A defendant charged with driving while intoxicated (DWI) in New Jersey may choose to plead guilty or may face a trial before a municipal judge. If the judge finds them guilty, they may be able to appeal to the New Jersey Superior Court, Law Division, and from there to the…
New Jersey courts have established various rules that protect defendants’ Sixth Amendment rights in driving while intoxicated (DWI) cases. One such rule, established by the New Jersey Supreme Court in 1990 in State v. Laurick, mitigates certain penalties imposed on a DWI defendant if they pleaded guilty in a prior…
The Sixth Amendment to the U.S. Constitution guarantees a trial by jury in criminal cases, but courts have never applied this guarantee to all prosecutions. A defendant charged with a “petty” offense is not entitled to a jury trial, according to a long line of court decisions at both the…
The Fourth Amendment to the U.S. Constitution prohibits most warrantless searches by police, requiring them first to obtain a warrant from a judge or magistrate. Various exceptions to this rule apply during traffic stops, when police can act on anything they see, hear, or smell that gives them a reasonable…
Driving while intoxicated (DWI) and related offenses, including driving while license suspended (DWLS), are considered traffic offense under New Jersey law, rather than criminal offenses. Under certain circumstances, however, the state can charge DWLS as a criminal offense with a much greater penalty. This might occur when a driver has…
The Fourth Amendment’s prohibition on unreasonable searches and seizures means that police officers cannot stop a person while driving without reasonable suspicion of an offense, and they cannot search or arrest someone without probable cause. A person charged with driving while intoxicated (DWI) and other offenses also has the right…
A DWI conviction in New Jersey has numerous repercussions, starting with a three- to seven-month driver’s license suspension for a first offense. Courts may also impose a jail sentence for DWI and order a defendant to complete various services. These penalties are prescribed by the New Jersey Motor Vehicles and…
Pretrial intervention (PTI) is available to some criminal defendants, typically people with no prior convictions, that can potentially result in the dismissal of all charges and, in many cases, the expungement of all records of the arrest and charges. Admission to the PTI program typically requires approval from the PTI…
The Fourth Amendment to the U.S. Constitution protects people from “unreasonable searches and seizures” by law enforcement. It requires police, in order to obtain a search warrant, to demonstrate “probable cause” to believe that the search will yield evidence of criminal activity. U.S. courts have identified various exceptions to the…