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Articles Posted in DWI Appeal

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New Jersey Court Discusses Evidence Needed to Convict a Defendant of a Drug-Related DWI

Although many people think of DWI arrests as arising out of the operation of a vehicle while intoxicated due to the consumption of alcohol, a person can be charged with a DWI for driving or operating a vehicle while under the influence of other substances that impairs his or her…

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New Jersey Court Clarifies Operation for Purposes of DWI Statute

An issue commonly disputed in New Jersey DWI cases is whether the State has sufficient evidence to establish that the defendant was operating a vehicle while intoxicated. Due to several recent unpublished opinions set forth by the Appellate Division of the Superior Court of New Jersey, the court set forth…

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Court Discusses Procedural Requirements for Seeking Post-Conviction Relief in New Jersey DWI Cases

In many instances, even if a person is convicted of DWI, he or she may be able to obtain post-conviction relief. While there are substantive requirements a person must meet to obtain a reversal of a DWI conviction, there are procedural requirements as well. This was discussed in a recent…

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Court Discusses State’s Burden of Proof in New Jersey DWI Cases

In most New Jersey DWI cases, the State must prove beyond a reasonable doubt that the defendant committed each element of a crime. In cases in which the defendant pleads guilty, however, the State’s burden differs. Thus, it is critical for someone considering entering a guilty plea to fully understand…

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New Jersey Court Discusses Breath Test Requirements in DWI Cases

Under New Jersey law, there are defined procedures the police must adhere to when administering a breath test to a DWI defendant to determine the defendant’s blood-alcohol level. If the police deviate from the procedures set forth under the law, the results of the test may be invalid. In a…

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