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…
For more than eight years, our law firm has been principally involved in challenges to the Alcotest device, which the state uses to measure blood alcohol content (BAC) in DWI cases. We represented the lead defendant in a 2008 case, State v. Chun, in which the New Jersey Supreme Court…
The Appellate Division of the New Jersey Superior Court ruled in State v. Lawrence that a defendant should not have received an enhanced sentence for driving while intoxicated (DWI), even though he had two prior convictions. New Jersey law increases the penalties for second, third, and subsequent DWI convictions, but…
New Jersey law deals very seriously with the traffic offense of driving while intoxicated (DWI). An arrest for DWI can result in a license suspension, if the State can prove the offense in court beyond a reasonable doubt. However, a person does not even need to be driving a vehicle,…
A recent decision by the Superior Court of New Jersey, State v. O’Neill, highlights two important features of New Jersey driving while intoxicated (DWI) laws. First, the court held that, under New Jersey’s implied consent law, any response other than an unambiguous “yes” to an officer’s request to submit to…
The New Jersey Superior Court ruled that a defendant can be required to use an ignition interlock device as a penalty for refusal to submit to a breath test, even though the officer who read the required warning about refusal did not mention any penalties. The defendant in State v.…
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…
A decision issued by the U.S. Supreme Court last year limits the ability of police to take a blood sample from a DWI suspect without consent or a warrant. Missouri v. McNeely, 133 S.Ct. 1552 (2013). The Fourth Amendment protects people from unreasonable searches and seizures, and generally requires law…
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…
The New Jersey Superior Court, Appellate Division considered the appeal of a DWI defendant in State v. Lobo that challenged the admissibility of Alcotest results. The defendant argued in part that the state’s failure to provide him with complete repair and maintenance records for the device used to test his…