In New Jersey, driving while intoxicated (DWI) is a serious offense that can carry significant penalties. A DWI defense attorney’s job is to advocate for and protect their client’s rights with both prosecutors and the court. Often, we are able to get a DWI charge reduced to something less serious,…
A person convicted of driving while intoxicated (DWI) in New Jersey can file a petition for post-conviction relief (PCR). If successful, this will result in the court reopening the case. Since DWI is a motor vehicle offense instead of a criminal offense under New Jersey law, a petition for PCR…
The device used for breath testing by New Jersey police in investigations of suspected driving while intoxicated (DWI), known as the Alcotest, has come under significant scrutiny several times in recent years. In order to ensure the accuracy of the results produced by the device, police must perform regular maintenance…
Under the laws of the state of New Jersey, driving while intoxicated (DWI) is a motor vehicle offense rather than a criminal offense. While a DWI conviction can result in serious penalties, including the possibility of jail time, the New Jersey court system does not deal with DWI cases in…
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…
Post-conviction relief (PCR) allows a defendant to challenge a conviction even after the time period to file an appeal has passed, provided they can assert certain grounds for doing so. Under New Jersey law, a PCR petition must allege a significant violation of a defendant’s legal or constitutional rights, rather…
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…
New Jersey laws regarding driving while intoxicated (DWI) include the act itself and multiple related offenses, including driving while one’s license is suspended (DWLS) and refusal to submit to breath testing. State law imposes harsher penalties for second and subsequent offenses, but it also mitigates these penalties in some situations.…
After a conviction for driving while intoxicated (DWI), New Jersey law provides defendants with several means of challenging the verdict, or the process leading to that verdict. The appellate process, by which a defendant appeals the municipal court conviction to a higher court, has strict rules regarding grounds for appeal…
Post-conviction relief (PCR) is a critically important procedure in many types of cases in New Jersey, including—and perhaps especially including—convictions for driving while intoxicated (DWI). Courts can use prior DWI convictions as grounds for enhancing penalties for a current DWI conviction. This is where PCR often plays an essential role.…