When police are investigating a person suspected of driving while intoxicated (DWI), they must follow procedures designed to safeguard people’s constitutional rights. The Fourth Amendment to the U.S. Constitution requires police, with some exceptions, to get a search warrant before conducting a search of a person or their property. Evidence…
Police and prosecutors have several ways to prove that a person was impaired by alcohol in driving while intoxicated (DWI) cases. New Jersey law requires any driver to cooperate with some of these methods, such as breath testing. Other methods are not mandatory, but refusal to cooperate could work for…
The Sixth Amendment to the U.S. Constitution guarantees the right to a “speedy trial” in criminal prosecutions. The state cannot make you wait an unreasonably long time, possibly while you remain in custody, to have your day in court. Although driving while intoxicated (DWI) is not considered a criminal offense…
Prosecutors who handle New Jersey driving while intoxicated (DWI) cases must prove that a defendant is guilty beyond a reasonable doubt. They present evidence in order to establish that a defendant was under the influence of alcohol or drugs. In order to counter this evidence, a defendant may need to…
When a person is charged with driving while intoxicated (DWI) in New Jersey, they have two main options for how to respond to the state’s charges. They can enter a guilty plea, or they can fight the charges and go to trial. A defendant might plead guilty to DWI for…
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…
In New Jersey, driving while intoxicated (DWI) is a serious offense that can carry significant penalties. A DWI defense attorney’s job is to advocate for and protect their client’s rights with both prosecutors and the court. Often, we are able to get a DWI charge reduced to something less serious,…
In any case involving alleged driving while intoxicated (DWI) in a New Jersey municipal court, the state must prove the defendant’s guilt beyond a reasonable doubt. The New Jersey Rules of Evidence establish what kinds of evidence courts may consider, and what attorneys must do to get their evidence admitted.…
Police and prosecutors can use blood alcohol content (BAC) evidence to prove that a defendant charged with driving while intoxicated (DWI) in New Jersey was under the influence of alcohol. State law presumes that a person was too impaired to drive safely if their BAC was 0.08 percent or higher.…
A person charged with driving while intoxicated (DWI) in New Jersey might decide to plead guilty, instead of going to trial. Regardless of why they make that decision, the court must follow procedures set by state law that ensure protection of the defendant’s rights. This includes a conversation between the…