Most features of law enforcement in the U.S. operate at the state and local levels. These include traffic laws, like those related to driving while intoxicated (DWI). The legal system in New Jersey, like all states, categorizes alleged offenses based on factors like the type of activity involved and the…
The New Jersey traffic offense of driving while intoxicated (DWI) is not limited to intoxication due to alcohol. The state can charge a driver with DWI based on the alleged presence of almost any substance that can cause impairment. A case currently pending in California demonstrates an unexpected example of…
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…
The holidays are a time of happiness and celebration for many people, but law enforcement officials are aware of the risks to public safety potentially posed by too much celebration. Police departments throughout New Jersey have announced increased enforcement of state laws regarding driving while intoxicated (DWI) during the holiday…
New Jersey prosecutors often rely on evidence of a defendant’s blood alcohol concentration (BAC) to prove guilt in driving while intoxicated (DWI) cases. Police officers typically determine a person’s BAC by testing a breath sample. All police departments in this state use a device known as the Alcotest for this…
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…
A defendant in a New Jersey driving while intoxicated (DWI) case can appeal a negative outcome, but appellate courts are limited in their authority to review some lower court actions. A recent decision by the New Jersey Superior Court, Appellate Division illustrates two important issues in a DWI defense. The defendant…
New Jersey’s driving while intoxicated (DWI) laws allow prosecutors to prove impairment by alcohol in several ways. Evidence of blood alcohol content (BAC), determined by a breath, blood, or urine test, is a well-known method. Prosecutors may also offer witness testimony, particularly testimony by an arresting officer and others who…
Defendants in New Jersey criminal cases may be eligible to participate in a Pretrial Intervention program (PTI), which allows them an opportunity to avoid prosecution by focusing on rehabilitation. New Jersey law classifies driving while intoxicated (DWI) as a motor vehicle offense, rather than a criminal offense, although driving while one’s license…
A conviction for driving while intoxicated (DWI) in New Jersey results in a mandatory period of driver’s license suspension, ranging from a minimum of three months for a first offense to 10 years for a third or subsequent offense. Driving while one’s license is suspended (DWLS) is a separate motor vehicle…