Prosecution and Defense

1. What are New Jersey’s underage DWI laws? New Jersey has established a special law that is aimed at the operation of a motor vehicle by underage drivers. N.J.S.A. 39:4-50.14 forbids the operation of a motor vehicle by any person under the legal age to purchase alcoholic beverages when that person has consumed virtually any […]

1. How are New Jersey DWI laws applied to a driver with a CDL?  A person who holds a commercial drivers license (CDL) is held to a much higher standard as a professional driver. A CDL driver faces some of the harshest penalties and may face the loss of their career, even for a first time […]

1. How is the use of videotape evidence important in a DWI case? The use of a videotape in a DWI case is very common in most New Jersey State and local police departments. The taping of the defendant normally occurs either during the course of the roadside investigation that culminates when the defendant is […]

1. What are the reasons for taking a blood sample? The New Jersey police rely on the Alcotest to provide the evidence of a suspected drunk driver’s blood alcohol concentration in the vast majority of the case. However, there will be some very serious cases wherein the police will seek to obtain the vital evidence […]

I was just convicted for a DWI offense. Does New Jersey have any type of programs for temporary or restricted driver’s licenses? One of the most common DWI questions I receive is whether a defendant can obtain a work license if he is convicted of DWI or a refusal. The answer unfortunately in New Jersey […]

The breath tests are often not reliable. The breath test results are not as reliable as the government wants you to believe. It can often read out false results on the basis of conditions like acid reflux disease, diabetes, or when a person has belched in the preceding 20 minutes. There are certain rules and […]

The prosecutor has to prove that the defendant operated a motor vehicle while “under the influence” of either an intoxicating liquor, a narcotic, or a hallucinogenic or habit producing drug. The proofs presented at trial may include evidence that the defendant was under the influence of one or more of these substances. The key issue […]

How a DWI Conviction Can Wreck Your Life 1. A person will of course have his driver’s license suspended. In many fields of employment if a person loses his driver’s license then he will also lose his job. For many jobs the hard cold reality is that if you can’t drive then you can’t work […]

1. Contest the Field Sobriety Tests – There are many grounds to contest the field sobriety tests. In many DWI cases the field sobriety tests are simply not reliable. The two major proofs that the prosecutor relies on in a DWI case are the breath results, and the defendant’s performance on the field sobriety tests. […]

The police in New Jersey frequently use roadblocks to bust DWI ddefendants. The best way to contest a DWI caused from a roadblock arrest is to ascertain if the roadblock was “reasonable” under a traditional Fourth Amendment analysis. It is now settled that the stopping of a motor vehicle at a roadblock, even for a […]

A DWI charge is only traffic offense only in New Jersey. If a person is convicted for a DWI, then this will not give you a criminal record. Since DWI is considered only to be a traffic offense only, there are no jury trials for DWI cases in New Jersey. Since DWI is not a […]

The New Jersey DWI laws combat the perils of drunk driving. In general New Jersey DWI law prohibits the following courses of conduct: DWI 1. The per se violation. It is a violation to operate a motor vehicle in New Jersey with a blood alcohol concentration of .08% or more by the weight of alcohol […]

The Cost of a DWI Conviction Cost to Tow Your Car - $150 Car Storage Fee Per Day - $50 Minimum Fine - $250 Safe Neighborhood Fund - $75 Victim Compensation Fund - $50 Law Enforcement Assistance Fund - $30 License Reinstatement Fee - $100 Additional Costs for a DWI Conviction Alcohol Education Classes - […]

Police officers have specialized training designed to teach them to intimidate and keep suspects off balance by use of commands, tone and phrases intended to “Beat You Down” emotionally, and thus keep control of a situation at all times. Most cops expect you to obey short, terse commands. Cops do not expect you to ask […]

1. The police make an unconstitutional stop of your vehicle. The police can’t stop your vehicle on the basis of an anonymous call, or if there is no probable cause. In most cases, the police must stop the driver for some type of moving violation to justify the DWI arrest. If there are no sufficient […]

In most cases, all the prosecutor has to prove is that the driver’s BAC was .08% or more. It is a violation to operate a motor vehicle in New Jersey with a blood alcohol concentration of .08% or more by weight of alcohol in the defendant’s blood. The BAC sample must be taken within a […]