New Jersey’s driving while intoxicated (DWI) statute sets multiple levels of penalties, primarily based on a defendant’s number of convictions within the prior decade. Enhanced penalties apply for a second offense within a ten-year period, and again for a third or subsequent offense. A 1999 amendment to the DWI statute…
When the state charges a person with driving while intoxicated (DWI) in New Jersey, prosecutors have the burden of proving each element of the offense. This includes proving that police did not violate the defendant’s rights against unreasonable searches and seizures under the Fourth Amendment to the U.S. Constitution. As…
Driving while intoxicated (DWI) can involve other substances besides alcohol. New Jersey’s DWI statute makes it an offense to drive while under the influence of a “narcotic” or “habit-producing drug.” It does not specify that the narcotic or other drug must be illegal or illicit. Certain prescription medications can significantly…
The New Jersey statute defining the offense of driving while intoxicated (DWI) allows the state to prove impairment by substances other than alcohol. At the same time, it makes it generally easier for the state to prove impairment by alcohol, partially due to the wider availability of technologies for measuring…
In prosecutions for alleged driving while intoxicated (DWI) in New Jersey, the state must prove each element of the offense beyond a reasonable doubt. Municipal court judges determine whether prosecutors have met their burden of proof when a case goes to trial. Last year, the New Jersey Appellate Division considered…
The legal status of cannabis, including marijuana and related products, is undergoing major changes throughout the country. More than half of all U.S. states, including New Jersey, allow the possession and use of marijuana to some extent for medical purposes under a doctor’s supervision. A handful of states have enacted…
The holiday season means many great things for people in New Jersey, such as family, friends, and celebration. Since the “celebration” part of the holidays can sometimes lead to excess, police tend to step up efforts to enforce New Jersey driving while intoxicated (DWI) laws on roads during the holidays. This…
Prosecutors in New Jersey DWI cases have the burden of proving every element of driving while intoxicated (DWI) beyond a reasonable doubt. They must also ensure that the proceedings accord with a defendant’s due process rights. This includes a defendant’s right to understand the charges brought against them and the…
Prosecutions for driving while intoxicated (DWI) in New Jersey often begin with a traffic stop. A police officer might pull a driver over based on a specific suspicion of DWI, or they might pull them over for another reason and then notice signs of possible impairment by drugs or alcohol.…
Defending against a charge of alleged driving while intoxicated (DWI) in New Jersey requires careful evaluation of every part of the state’s case, which is why it is often wise to retain a dedicated New Jersey DWI lawyer if you are in such a situation. The state has the burden…