Driving while intoxicated (DWI) is a serious offense under New Jersey law. A conviction can result in a fine, driver’s license suspension, jail time, and other penalties, depending on various factors. DWI attorneys work hard to make sure the state follows the law and respects their clients’ rights. If a case goes to trial, and the court convicts the defendant of DWI, they may still be able to keep fighting the charges by filing an appeal. New Jersey law requires a defendant appealing a DWI conviction, also known as the “appellant,” to cite specific grounds for the appeal. It is not enough that the appellant is not happy with the outcome of the trial. They must show that the court made an error, or that the process was flawed.
Appeals Based on the Evidence
In any DWI case, the prosecution has the burden of proving the defendant’s guilt beyond a reasonable doubt. This is the strictest burden of proof in our legal system. A prosecutor’s job is supposed to be difficult, since success for a prosecutor could mean a loss of freedom for a defendant.
A DWI appellant can argue that the state did not produce enough evidence to support a guilty verdict. Prosecutors must have evidence of guilt beyond a reasonable doubt for every element of the offense. A Law Division court, which hears appeals of DWI verdicts from municipal courts, could find that the state’s evidence was insufficient to meet the prosecutor’s burden of proof.