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,…
New Jersey law contains two different, but related, provisions related to driving while intoxicated (DWI). The DWI statute addresses the actual alleged act of driving while under the influence of alcohol or another intoxicating substance. The refusal statute deals with drivers who refuse to submit to breath or blood testing…
A bill that was recently approved by the New Jersey State Senate Budget and Appropriations Committee (NJSBA) would change the requirements for ignition interlock devices (IIDs) in driving while intoxicated (DWI) cases. Under current New Jersey DWI law, an IID is only mandatory for second or subsequent convictions, or in…
Two recent rulings from a New Jersey court may allow defendants and the public to view police dashboard camera footage from traffic stops. The plaintiffs sought videos from specific stops, both involving alleged police misconduct, under the state’s Open Public Records Act (OPRA). The Ocean County Prosecutor’s Office (OCPO), a…
A New Jersey Senate committee has approved a bill that would amend the state’s driving while intoxicated (DWI) statute to more specifically address driving while under the influence of inhalants. Supporters dubbed the bill “Kimmie’s Law,” after a teenager who died after a car accident with a driver who had…
The act of flashing one’s headlights or high beams at another driver can have many different meanings, one of which is to warn that a speed trap is ahead. Some states have enacted laws prohibiting this practice, ostensibly for public safety. New Jersey’s statute, for example, prohibits flashing headlights that…
The arrest of a man found sleeping in his car on a New Jersey road for alleged driving while intoxicated (DWI) raises a rather obvious question: can police arrest someone for DWI if they did not actually see the person driving? New Jersey’s DWI statute, which prohibits “operat[ing] a vehicle”…
Police patrol cars in New Jersey must be equipped with video cameras under a new law passed by the New Jersey Legislature and signed by the Governor in September 2014. The law takes effect during a time when police accountability is a topic of national interest. Video cameras, either worn…
A new national organization for DWI attorneys, the DUI Defense Lawyers’ Association (DUIDLA), has launched, and I am honored to announce that I will serve as the organization’s first president. Along with five other officers, I have the privilege of helping to guide this organization at its birth as we…
The criminal offense of driving while intoxicated (DWI) is most often associated with alcohol, hence the term “drunk driving.” It is also an offense under New Jersey’s DWI statute to operate a motor vehicle while under the influence of certain other drugs. While the statute determines the severity of a…