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…
New Jersey DWI (driving while intoxicated) and related offenses are not considered criminal offenses. Instead, they are classified as traffic offenses, meaning that the maximum penalties, while still potentially quite onerous, are generally not as severe as in many criminal cases. A case involving alleged DWI can include criminal charges when…
In New Jersey, driving while intoxicated (DWI) and most related offenses are not considered criminal in nature. They are instead classified as traffic or motor vehicle offenses. Driving while license suspended (DWLS) is usually a motor vehicle offense, punishable by a fine, driver’s license suspension, and potential revocation of vehicle…
According to recent media reports, the number of convictions for driving while intoxicated (DWI) in New Jersey is decreasing, at least with regard to cases involving alcohol. The decline reportedly might be due to an increase in DWI cases involving marijuana and other controlled substances. New Jersey law provides no…
New Jersey law imposes a range of penalties for driving while intoxicated (DWI) and related offenses, including license suspensions, fines, and the possibility of jail time. On top of that, the state Motor Vehicle Commission (MVC) assesses surcharges in New Jersey DWI cases. These are monetary penalties that must be…
New Jersey’s driving while intoxicated (DWI) statute is not limited to impairment due to alcohol. The text of the statute also includes “narcotic, hallucinogenic or habit-producing drug[s]” as substances that could cause impairment. The statute specifies a measurable amount of alcohol in one’s system that creates a presumption of impairment,…
New Jersey’s driving while intoxicated (DWI) statute does not limit the offense to alcohol. It also includes any “narcotic, hallucinogenic or habit-producing drug” that might impair one’s ability to drive. The statute makes proving impairment by alcohol rather easier for the state by identifying a specific level of blood alcohol…
The Fourth Amendment’s prohibition on unreasonable searches and seizures applies in all New Jersey driving while intoxicated (DWI) investigations and prosecutions. Defendants can raise Fourth Amendment challenges to numerous aspects of a DWI prosecution, such as a lack of reasonable suspicion before stopping their vehicle, or a lack of probable…
Under the laws of the state of New Jersey, driving while intoxicated (DWI) is a motor vehicle offense rather than a criminal offense. While a DWI conviction can result in serious penalties, including the possibility of jail time, the New Jersey court system does not deal with DWI cases in…
New Jersey laws dealing with driving while intoxicated (DWI) are consistent throughout the state, meaning that prosecutors in each county in New Jersey must meet the same burden of proof to obtain a conviction. A review of municipalities around the state by NJ.com, however, has found that some local police…