If you have been charged with alleged driving while intoxicated (DWI) in New Jersey, numerous different defenses are potentially available to you, depending on the facts of your particular case. The prosecution has the burden of proving guilt beyond a reasonable doubt. This means that they must present solid evidence of every element of the offense described in the DWI statute. New Jersey treats DWI as a traffic offense, and it is important to understand how DWI cases can differ from criminal cases as a result. Some defenses that are available in criminal prosecutions are not necessarily available in a DWI case. The New Jersey Supreme Court has held, for example, that the “entrapment” defense is not available to DWI defendants.
“Entrapment” involves a claim that law enforcement encouraged or induced a defendant to commit an offense they would not otherwise have committed. The U.S. Supreme Court stated in a 1992 decision, Jacobson v. United States, that the government cannot “originate a criminal design, implant in an innocent person’s mind the disposition to commit a criminal act, and then induce commission of the crime” in order to prosecute that crime. Courts place an emphasis on the defendant’s “innocence.” In order to overcome an entrapment defense, prosecutors must prove beyond a reasonable doubt that the defendant was already “disposed to commit the criminal act” before government agents came to them with the idea.
The New Jersey Supreme Court considered whether a defendant charged with DWI could raise a “quasi-entrapment” defense in State v. Fogarty, also in 1992. At the very beginning of its decision, the court describes the defense theory as “novel.” According to the opinion, the defendant was attending a wedding reception on the night of his arrest. Since he had been drinking, he had arranged for someone to drive him home and for someone else to drive his truck home.