Typically, the police must harbor a reasonable suspicion that a person is engaging in unlawful activity to effectuate a traffic stop. As such, if they stop a person without just cause, any evidence obtained during the stop may ultimately be deemed inadmissible, making it very difficult for the prosecution to…
While many DWI charges rely on the defendant’s blood-alcohol level to prove guilt, not all do. In fact, a defendant can be found guilty of DWI despite the lack of chemical testing. The evidence presented must nonetheless be sufficient to demonstrate that the defendant operated a vehicle while impaired. Recently,…
Under New Jersey law, all criminal defendants, even those charged with DWI, are innocent until proven guilty and have numerous rights from the time the matter is under investigation through the resolution of their case. For example, a DWI defendant has the right to a speedy trial, and if the…
Under New Jersey law, people can be charged with DWI offenses, even if they were not actually driving at the time of their arrest. Rather, under the DWI law, a person merely has to “operate” a vehicle while intoxicated to be found guilty of DWI. What constitutes operation is a…
DUI-related crashes are often more likely to be fatal than other accidents, and people that cause deadly DUI collisions may face significant charges and penalties. As with any other crime, however, the prosecution must prove each element of the charges the defendant faces, and if any evidence used to support…
Typically, people who decide to enter a guilty plea to DWI charges are represented by counsel who has fully explained their rights as criminal defendants and the implications of entering such a plea. However, regardless of whether someone enters a plea with or without the presence of an attorney, the…
In some cases in which a defendant is charged with a DWI crime, it makes sense to enter a guilty plea. A defendant must weigh the evidence possessed by the State and the potential penalties he or she may face prior to making the decision to admit to guilt, though,…
In a New Jersey DWI case, the State must prove in municipal court beyond a reasonable doubt that the defendant is guilty of the charged offenses. A defendant that is convicted despite insufficient evidence has the right to appeal to the law division. The law division must abide by certain…
Typically, when the police suspect a person is guilty of driving while intoxicated, they will request that the person provide a breath sample. As New Jersey’s implied consent laws require drivers to submit to a breath test, the failure to do so may result in a refusal charge in addition…
In New Jersey, when a person is suspected of DWI, the police must obtain either a warrant or the person’s permission prior to obtaining a blood sample. In certain instances, however, the police may obtain a blood sample absent consent or the authority to do so from a judge. The…