New Jersey DWI Attorney Blog

New Jersey DWI cases are subject to the sixty day guideline for case resolution in the New Jersey Municipal Court system. However, it is extremely difficult, if not unlikely to resolve a contested DWI in that amount of time.

The guideline is just that -- a guideline. It is not a requirement, and courts are supposed to be fairly liberal in their interpretation of the rule. Some courts are very strict and press the case forward to the detriment of the State or the defendant, but this is rare, as the courts understand that the cases are supposed to be decided on their merits rather than a calendar. However, if the 60 days have passed and there is an unwarranted delay, the court should move the case forward. In all circumstances, the defendant's constitutional rights must always be considered and protected.

Once discovery (police records, video, etc.) has been requested, it must be provided on an expeditious basis. Often, while some discovery is provided, not everything that is requested or required is given. In that situation, one of the primary ways to enforce defendant's rights is to file a Motion to Compel Discovery. Once the court enters an order compelling the State to provide discovery by a date certain, if the material is not provided by that date, a Motion to Dismiss for failure to supply the court ordered discovery should be filed.

It is also critical to assert your right to a speedy trial at the beginning of your case. If the State or the court does not move your case in a timely fashion, you can file a Motion to Dismiss based on speedy trial grounds.

The constitutional standard for a speedy trial was established by the United States Supreme Court in a case called Barker v. Wingo (1972), and applied by our New Jersey Supreme Court in State v. Szima (1976).

In Barker, the Court set forth a "balancing test ... in which the conduct of both the prosecution and the defendant are weighed" to aid in determining when a defendant's right to a speedy trial under the Sixth Amendment has been violated. The Court identified four factors that should be examined:

• length of delay


• the reason for the delay


• the defendant's assertion of his right


• and prejudice to the defendant

Most New Jersey DWI automobile stops occur when a police officer has personally viewed a traffic violation. The officer then reports the violation in his or her report, and this is then the subject of scrutiny as to whether the officer had the requisite "reasonable articulable suspicion of criminal activity" required to make a stop based on constitutional law, i.e. the Fourth Amendment.

More and more, since almost everyone has a cell phone with them on the road, stops are often being made based on citizen tips -- other drivers on the road who view erratic driving and dial 911 or the local police department. These are particularly interesting cases that add an additional layer to what your qualified New Jersey DWI lawyer should be doing in your case.

The law on anonymous tips, is that the tip, standing alone, is rarely sufficient to establish a reasonable articulable suspicion of criminal activity. The analysis has changed, however, with 911 calls. The New Jersey Supreme Court stated that a 911 caller "place[s] his anonymity at risk by virtue of using the 9-1-1 system" because the records required to be made of such calls "provide the police with an ability to trace the identity of the caller in a manner that enhances his reliability." State v. Golotta, 178 N.J. 205, 225-26 (2003). The Court said that such a call should not be " 'viewed with the same degree of suspicion that applies to a tip by a confidential informant.'

The 911 tip call becomes reliable, according to the Court, as long as the caller provides a sufficient quantity of information, such as an adequate description of the vehicle, its location and bearing, or 'similar innocent details, so that the officer, and the court, may be certain that the vehicle stopped is the same as the one identified by the caller.' " Id. at 222.

This doesn't mean, however, that the caller's information is correct. That is what can be challenged when your case makes it to court. Your lawyer should demand a copy of the "tip call" from the prosecutor and police records agency. Listen to what was said in the call to determine if there was enough information to make the stop. If your case is going to trial, demand that the State call that "independent" witness to testify. You have a constitutional right to confront that witness.

If the officer independently views traffic violations that would establish reasonable suspicion to stop your car, then the tip call may not matter.

There are so many facets of a New Jersey DWI case that require the utmost scrutiny by a qualified NJ DWI defense attorney. You should never assume that your case has no hope, or that you should just plead guilty. You must make sure that you hire a NJ DWI lawyer who will fight for you, rather than someone who will hold your hand and help you plead guilty. Your lawyer should investigate all aspects of your case to make sure that there is no stone unturned in your defense.