The New Jersey Supreme Court recently decided when a defendant could retain their driving privileges even after conviction for DWI.
Most New Jersey DWI law comes from Appellate Division decisions, sometimes from our Supreme Court. Rarely do they come from the United States Supreme Court. Missouri v. McNeely, which was recently argued before the United States Supreme Court, is an exception to this generalization. In this case, a blood sample was taken from a defendant […]
State v. Bernokeits decided by the Appellate Division and State v. Regis decided by the New Jersey Supreme Court in December of 2011, raise important issues for DWI defendants in many cases.
New Jersey Courts have applied this principle in DWI cases where blood samples have been taken to establish the Blood Alcohol Content of Defendants.
Lawyer Resources An important line of New Jersey cases has also arisen as a result of the United State Supreme Court decision in a matter entitled Crawford v. Washington. The Crawford case requires the State of New Jersey to produce witnesses to prove “testimonial” aspects of criminal prosecutions, so that a Defendant’s sixth Amendment right […]
New Jersey Supreme Court considers whether new breath test machine can be used as evidence in DWI prosecutions.
In 2007 two bills considered by the Committee, would hopefully improve the condition of Driving While Intoxicated law. Firstly, the Committee considered a bill which would require clarification of the statement which must be read to defendants before they are asked to submit to the breath test. This statement, commonly referred to as Paragraph 36, […]