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…
A driving while intoxicated (DWI) conviction comes with a mandatory period of license suspension, as well as the possibility of a fine and jail time. Subsequent convictions bring greater penalties. The offense of driving while license suspended (DWLS) also results in penalties, and it is considered a criminal offense in certain…
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…
In any court proceeding in which the state seeks to impose penalties on a person for an alleged violation of the law, the defendant has the right to obtain evidence used by the state in the case. The process of obtaining evidence from opposing parties is known as “discovery” in…
Legal prohibitions against marijuana are falling aside all across the country, as a majority of U.S. states now permit at least limited use of the drug for medical purposes. New Jersey has enacted a medical marijuana statute that allows use with a prescription and under a doctor’s supervision. A handful…
New Jersey prosecutors can use evidence of a defendant’s blood alcohol content (BAC) to establish guilt in a case of alleged driving while intoxicated (DWI). A BAC of 0.08 percent or higher creates a presumption of impairment. New Jersey law effectively requires drivers, when a police officer suspects DWI, to submit…