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Articles Posted in First Offense DWI

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New Jersey Court Discusses Grounds for Denial of a PTI Application in a DWI Case

Many people who are charged with DWI offenses are able to avoid the stress and risks associated with a criminal trial by entering into pre-trial intervention (PTI). PTI is not a right, however, and many people who apply for PTI are rejected. Recently, a New Jersey court explained the grounds…

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New Jersey Court Discusses Denial of Pre-Trial Intervention in DWI Cases

Many criminal defendants charged with DWI offenses are eligible for pre-trial intervention (PTI). Not all DWI defendants qualify, however, and if an application for PTI is denied, it can be difficult to obtain a reversal. In a recent New Jersey opinion in a case in which the defendant was charged…

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Court Explains Operation of a Vehicle in the Context of New Jersey DWI Charges

It is not uncommon for people to spend time in their cars for purposes other than driving. While generally, sitting in a parked vehicle is not notable, a person sitting in the driver’s seat of a car while intoxicated is deemed to be in operation of the vehicle and it…

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New Jersey Court Discusses Standard of Review for DWI Appeals

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…

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New Jersey Court Discusses a Criminal Defendant’s Right to Testify in a DWI Matter

People charged with DWI offenses have the right to choose whether to testify in their own defense. While in some instances, such testimony may exonerate a defendant, in others, it may impair a defendant’s credibility and defenses, and it is prudent for the defendant to remain silent. In a recent…

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States Add Mandatory Ignition Interlock Device (IID) Laws; New Jersey Continues to Mull IIDs

Mississippi has added its name to the list of states now requiring ignition interlock devices (IIDs) for all DWI offenders, even first-time convicted drunken drivers. New Jersey is waiting in the wings right now, as legislators in Trenton hash things out regarding the state’s mandatory IID law. While the debate…

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DWI Defense Update: Drivers Charged with DWI are Well-advised to Maintain Decorum at Trial

As Garden State DWI-DUI defense attorneys, my colleagues and I strive to help individuals who have been charged with drunken driving or hit with a drug DUI summons, among other alcohol- or drug-related driving offenses. While some people may not understand the importance of preparation prior to a DWI hearing,…

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FAQ: NJ Drunk Driving Arrests and the Consequences of a DWI Conviction — Part Five

For those individuals who find themselves on the wrong side of the law, that is, a motorist who has been arrested for a drunken driving offense, the immediate issue at hand is often trying to locate a competent DWI-DUI attorney to represent oneself against the local municipal prosecutor who is…

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FAQ: NJ Drunk Driving Arrests and the Consequences of a DWI Conviction — Part One

For anyone arrested on a drunk driving offense, the immediate issue is usually finding a good lawyer to help defend against the state’s prosecution of those charges. In short, your time has come and action should be taken to seek legal counsel regarding one’s DUI-DWI case. For the balance of…

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Facing Drunk Driving or Drug DUI Charges? Consider the Long-Term Effects of a Possible Conviction

Although the majority of drivers here in New Jersey are likely aware of the more immediate effects of a drunken driving arrest and conviction — such as license suspension, fines, insurance premium assessments and even jail time — fewer people have considered the longer-term effects of a DWI-DUI. As Garden…

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