DWI Appeal

October 15, 2019

New Jersey Court Clarifies Reliability of Horizontal Gaze Nystagmus Test in DWI Cases

There are numerous factors a judge or jury can consider in determining whether a person is guilty of DWI, and in many cases, the court will rely on cumulative evidence in determining a person’s guilt. If the State does not have sufficient evidence to prove a defendant was driving while under the influence, the defendant should not be convicted. Recently, the Appellate Division of the Supreme Court of New Jersey clarified that the results of a horizontal gaze nystagmus test, standing alone, are not sufficient to prove guilt in a DWI case. If you are faced with DWI charges it is prudent to consult a skilled New Jersey DUI defense attorney to discuss your potential defenses.

Factual and Procedural Background

It is reported that the defendant was charged with and convicted of DWI. He appealed, arguing in part that the court erred in considering the results of a horizontal gaze nystagmus test as proof of the defendant’s intoxication. On appeal, the court reversed and remanded the case for further proceedings.

Sufficiency of HGN Test as Evidence of DWI

The horizontal gaze nystagmus test involves the police holding a pen to either side of a defendant’s face and asking the defendant to gaze toward the pen while keeping his or her head still. A person’s eye will involuntarily jerk when looking to the side, but in instances in which a suspect is intoxicated the jerking will become exaggerated. Continue reading

October 7, 2019

Court Discusses Rights Afforded to New Jersey DWI Defendants

by Jonathan F. Marshall

Many people think that if they are charged with a DWI, a conviction is inevitable. DWI defendants have numerous rights, however, f their rights are violated during the course of a DWI investigation, the state may be prohibited from introducing evidence found during the investigation against the defendant. The Superior Court of New Jersey recently discussed what constitutes a violation of the right against unreasonable search and seizure and the right to Miranda warnings in a DWI case. If you are a resident of New Jersey currently charged with a DWI, it is advisable to meet with a knowledgeable New Jersey DWI defense attorney regarding your case.

Factual Background

Allegedly, in April 2017, the defendant arrived at the home he previously shared with his estranged wife with damage to his car. The defendant’s wife called the police and reported the defendant entered the home through the basement, was slurring his words, smelled of alcohol, and appeared to be intoxicated. The police arrived at the home, and the wife permitted them to enter. Once inside, they found the defendant, who smelled of alcohol, had difficulty walking. In addition his speech was slurred.

It is alleged that the police asked the defendant to exit the home, which he did. Once outside, the defendant admitted to drinking alcohol and stated that he came to the home to finish a project. The police then asked the defendant to submit to a field sobriety test. The defendant complied but was unable to complete the test. The police arrested the defendant for driving while intoxicated (DWI). A subsequent blood test revealed his blood alcohol concentration (BAC) to be .29%. Continue reading

May 25, 2017

Appealing a DWI Conviction in New Jersey

by Jonathan F. Marshall

Being formally convicted of a DWI is a very serious matter that can have adverse and far-reaching consequences for many aspects of your life. If you have been convicted of a DWI, you may be able to appeal the decision in certain situations. An experienced New Jersey DWI attorney can assess the merits of your case and help determine whether you have sufficient grounds for an appeal. Our firm has handled many DWI cases, and you can rest assured that we know how to navigate these types of situations.

Under New Jersey law, the offense of driving while intoxicated consists of operating a motor vehicle with a blood alcohol concentration (BAC) of 0.08 percent or greater. Individuals under the age of 21 will be charged with a DWI with a BAC of 0.02 percent. For commercial drivers, the legal limit is 0.04 percent or higher.

An individual convicted of a DWI in New Jersey can appeal his or her conviction. When a defendant appeals a conviction, he or she is asking a higher appellate court to review the case for legal or procedural errors. It is important to note that the appeals procedure is time-consuming and requires a lot of paperwork. In addition, strict deadlines need to be met, or you will lose the right to appeal.