In order to prove impairment in a driving while intoxicated (DWI) case, New Jersey prosecutors can present the arresting officer’s testimony about their observations of a defendant and the result of chemical testing that shows a defendant’s blood alcohol content (BAC) shortly after their arrest. Since DWI statutes in all…
A conviction for driving while intoxicated (DWI) can have an impact far beyond any penalties imposed by a court. New Jersey’s DWI statute prescribes penalties that can include fines, a license suspension, the use of an ignition interlock device, and jail time. Laws at both the state and federal levels…
A conviction for driving while intoxicated (DWI) or refusal to submit a breath sample results in mandatory driver’s license suspension under New Jersey law. The length of the suspension depends on whether or not the person has any prior convictions. In DWI cases, a person’s blood alcohol content (BAC) can…
The Fourth Amendment to the U.S. Constitution prohibits police from detaining a person temporarily, or stopping a vehicle on the road, without reasonable suspicion of some sort of unlawful activity. Courts are obligated to throw out charges originating from a traffic stop, such as driving while intoxicated (DWI), if the…
New Jersey law imposes mandatory minimum sentences for certain offenses. A conviction for driving while intoxicated (DWI) in New Jersey can result in a mandatory minimum sentence if a defendant has multiple prior convictions. Mandatory minimum sentences may also apply to criminal offenses related to DWI. The New Jersey Superior…
America, as the saying goes, is a nation of immigrants, meaning that most Americans living today are descended from people who came here from another country. People still come to New Jersey and elsewhere in the country from all over the world. Traveling or moving to the U.S. usually requires a…
The Fourth Amendment to the U.S. Constitution protects people “against unreasonable searches and seizures” by police, usually by requiring them to obtain a warrant from a judge before conducting a search of a person or their property. Courts have identified some exceptions to the warrant requirement, including the “automobile exception.”…
New Jersey’s law on driving while intoxicated (DWI) prohibits “operat[ing] a motor vehicle while under the influence” of alcohol or drugs, or with a blood alcohol concentration (BAC) of 0.08 percent or greater. Courts have addressed multiple challenges to the definition of “operate” under this statute. New Jersey courts have…
The state has the burden of proving that a defendant is guilty of an alleged criminal or motor vehicle offense beyond a reasonable doubt. The New Jersey court system has rules governing the admissibility of evidence, and a defendant may object to certain evidence for a wide range of reasons. In…
New Jersey’s implied consent law states that a person who operates a motor vehicle on the public streets and highways of this state is deemed to have consented to providing breath samples during investigations of suspected driving while intoxicated (DWI). Prior to collecting a breath sample in this situation, a police…