A defendant in a New Jersey DWI case claimed that the municipal court denied him two important constitutional rights: the right against self-incrimination and the right to a trial by jury. The Fifth Amendment to the U.S. Constitution provides that no one may be compelled to give testimony against themselves…
A defendant appealed his conviction of driving while license suspended (DWLS) to the New Jersey Superior Court, Appellate Division, claiming that the trial court should not have counted DWI convictions from New York as prior convictions under New Jersey law. State criminal law treats DWLS as a criminal offense, not…
A New Jersey appellate court recently considered the question of whether a defendant must inform the court of prior convictions that, under New Jersey law, could result in an enhanced sentence. In an unpublished February 2015 decision, State v. Kane, the court ruled that a defendant charged with driving while…
An individual who has made a name for himself publicizing the locations of police checkpoints in Southern California recently settled a wrongful arrest lawsuit against a California city. A police officer arrested him for alleged DWI, he claimed in his lawsuit, after he refused to submit to a field sobriety…
DWI checkpoints have long been controversial among criminal defense attorneys and others who advocate for the rights of the accused. A series of videos recently posted on the internet purportedly show a person asserting his right to remain silent at checkpoints and then being allowed to proceed by police. Many…
Pretrial intervention (PTI) is a program operated by the New Jersey court system that allows defendants the chance to avoid the ordinary criminal prosecution process. Although it is not available to people charged with driving while intoxicated (DWI), it is still worth understanding because traffic stops and DWI arrests sometimes…
Pending legislation in at least two states would restrict sales of alcohol to people convicted of DWI offenses. A bill in the New Mexico State House of Representatives would allow a court to include a prohibition on alcohol purchases in an order requiring use of an ignition interlock device (IID).…
The holiday season, starting with Halloween and continuing through Christmas and other winter holidays, always brings stories of unusual events that go “viral” on the internet, including strange or embarrassing DWI arrests. This unwanted, if usually only temporary, fame is yet another consequence of a DWI arrest that happens regardless…
New Jersey law directs courts to apply sentencing enhancements for a second driving while intoxicated (DWI) conviction, with additional enhancements for third and subsequent convictions. In certain circumstances, however, trial courts may not use sentencing enhancements when the statute might otherwise require them to do so. A “step-down” provision in…
The right to a trial by jury is a fundamental principle of our criminal justice system enshrined in our Constitution. What many people might not know, however, is that jury trials are not guaranteed in all criminal cases. The Sixth Amendment only guarantees a jury trial in criminal cases where…