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 with DWI and assault by auto, the court explained the appellate process in cases in which a defendant is denied PTI. If you are accused of a DWI offense, you should confer with a trusted New Jersey DWI defense attorney to evaluate your options.
The Defendant’s Charges
It is alleged that the defendant was involved in a head-on collision with another vehicle. A person who witnessed the accident told the investigating officers that the defendant’s car was weaving all over the road and crossed the double yellow line before striking the other vehicle. The driver and passenger of the other vehicle both sustained injuries. The defendant was confused and disoriented at the scene but eventually admitted to consuming alcohol. She submitted to a blood test, which revealed her BAC to be three and a half times the legal limit.
It is reported that the defendant was charged with fourth-degree assault by auto and DWI. She then applied to the PTI program, but her application was denied. The denial letter indicated that the circumstances surrounding the accident, including the injuries suffered by the victims, and the victims’ strong objection to the defendant’s application, were the grounds for denial. The defendant appealed the rejection, but her appeal was denied. She then pleaded guilty to her charges and, following her conviction, appealed. Continue reading