A New Jersey DWI defendant will get a new trial 11 years after he entered a guilty plea. The Superior Court, Appellate Division ruled in State v. Aratow that his 2004 plea did not meet several constitutional requirements set out in the New Jersey Rules of Court. The defendant filed a…
The defendant in a DWI case appealed the denial of his motion for post-conviction relief (PCR), which the municipal court and the Superior Court, Law Division said was not filed in a timely manner. He claimed that he was not aware of his right to bring a motion for PCR,…
A charge of alleged driving while intoxicated (DWI) in New Jersey requires a thorough and vigorous defense from the moment charges are filed. A recent decision from the New Jersey Superior Court, Appellate Division, State v. Haas, demonstrates that a court may not be able to reduce certain penalties prescribed…
The New Jersey Supreme Court, in affirming the reversal of a DWI conviction, cautioned municipal courts throughout the state to keep pretrial suppression hearings separate from actual trials, noting that the two types of proceedings have substantially different purposes. The decision in State v. Gibson, issued on September 16, 2014,…
Discussing legal matters on the internet is really never a good idea, and this is especially true with regard to criminal cases. A Michigan woman, who was on probation for DWI, may be returning to jail because of a Facebook post in which she reportedly admitted to drinking alcohol. The…
New Jersey allows people to expunge their criminal files in many types of cases, meaning that information related to a criminal case is removed from state and local agencies’ records and will not show up in most criminal background checks. Unfortunately, state law specifically excludes motor vehicle offenses, including driving…
As a New Jersey DWI defense attorney, I always review my client’s prior convictions to determine which, if any, can be overturned or to determine if the effect of the conviction can be minimized for sentencing issues in the current pending case. I have written in this blog quite a…
If you are a third or greater alleged DWI offender in New Jersey, you are looking at mandatory 180 days in jail. Certainly, the best form of relief is to fight and win the current case. Otherwise, the only way to avoid jail if you are convicted is to seek…