New Jersey’s court system slowed to a near-halt in March 2020, along with much of New Jersey’s economy, in an effort to fight the spread of the novel coronavirus and the illness it causes, COVID-19. Municipal courts, which hear New Jersey DWI cases, began to resume certain proceedings in April. They have been conducting most matters remotely via telephone or videoconferencing technology since May. Under a plan issued by the New Jersey Supreme Court, this has been known as “Phase 1.” The court has announced that Phase 2 will begin on Monday, June 22. While municipal courts will continue to handle most matters remotely, they will be able to hold DWI trials and other matters in person, subject to social distancing and other public health guidelines.
DWI Trials in Municipal Court
DWI is not a criminal offense under New Jersey law. It is considered a motor vehicle offense. The penalties for a DWI are relatively minor when compared to various criminal offenses, with a maximum jail sentence of 180 days and a maximum fine of $1,000 for a third or subsequent offense. At the same time, the full range of procedures and constitutional protections available in criminal prosecutions do not apply to DWI cases.
The main difference is the nature of trials in DWI cases. Municipal courts have original jurisdiction over all DWI prosecutions, and defendants are not entitled to a trial by jury. A municipal judge will hear the case, render a verdict, and decide on a sentence.