America, as the saying goes, is a nation of immigrants, meaning that most Americans living today are descended from people who came here from another country. People still come to New Jersey and elsewhere in the country from all over the world. Traveling or moving to the U.S. usually requires a…
The Fourth Amendment to the U.S. Constitution protects people “against unreasonable searches and seizures” by police, usually by requiring them to obtain a warrant from a judge before conducting a search of a person or their property. Courts have identified some exceptions to the warrant requirement, including the “automobile exception.”…
New Jersey’s law on driving while intoxicated (DWI) prohibits “operat[ing] a motor vehicle while under the influence” of alcohol or drugs, or with a blood alcohol concentration (BAC) of 0.08 percent or greater. Courts have addressed multiple challenges to the definition of “operate” under this statute. New Jersey courts have…
The state has the burden of proving that a defendant is guilty of an alleged criminal or motor vehicle offense beyond a reasonable doubt. The New Jersey court system has rules governing the admissibility of evidence, and a defendant may object to certain evidence for a wide range of reasons. In…
New Jersey’s implied consent law states that a person who operates a motor vehicle on the public streets and highways of this state is deemed to have consented to providing breath samples during investigations of suspected driving while intoxicated (DWI). Prior to collecting a breath sample in this situation, a police…
New Jersey’s driving while intoxicated (DWI) law places a great deal of emphasis on a defendant’s blood alcohol concentration (BAC). Police can determine a DWI suspect’s BAC by testing a sample of breath, blood, or urine. Breath testing is the most common method, and New Jersey’s implied consent law makes…
New Jersey’s implied consent law makes it a traffic offense to refuse to submit a breath sample during a driving while intoxicated (DWI) investigation. Because of the wide range of possible consequences for refusal, state law requires police to read a “standard statement” detailing those consequences before requesting a breath…
In order to convict someone of driving while intoxicated (DWI) in New Jersey, prosecutors do not necessarily have to provide direct evidence that the defendant was driving a car. This state’s DWI law, as interpreted by the courts, only requires proof that a defendant had control of a vehicle and had…
In any prosecution by the state, it is critically important that a defendant be able to review any and all evidence that could be used against them in court. A long series of court rulings has established defendants’ right to this evidence. Unfortunately, prosecutors and police are not always forthcoming…
Prosecutors can offer evidence of impairment by several means other than alcohol in driving while intoxicated (DWI) cases, such as illegal drugs, prescription medications, or even certain over-the-counter medications. In one recent DWI case in New Jersey, a defendant claimed that, at the time of her arrest, she was having…