Read about new laws that will impact DWI trials.
Category Archives: DWI Case Law
ENOUGH IS ENOUGH!
Thirty-eight years after the comprehensive reformation, reorganization and modernization of the New Jersey judicial system, the Municipal Court Judicial Conference took a long look at the Municipal Court system based upon the report of the Supreme Court’s Task Force on the Improvement of Municipal Courts. Keynoting the Conference, Chief Justice Robert Wilentz commented on the project’s importance, stating that, “despite the importance of these courts, their performance has fallen short of our standards of fair and efficient justice.
Supreme Court Confirms Bad Breathalyzer Tests
Supreme Court Confirms Bad Breathalyzer Tests
Retaining Driving Privileges after DWI Conviction
The New Jersey Supreme Court recently decided when a defendant could retain their driving privileges even after conviction for DWI.
United States Supreme Court – Missouri v. McNeely
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 and State v. Regis
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.
Blood Samples: Blood Alcohol Content of Defendants
New Jersey Courts have applied this principle in DWI cases where blood samples have been taken to establish the Blood Alcohol Content of Defendants.
Crawford v. Washington
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 […]
NJ Supreme Court Considers Use of Breath Test Machine as Evidence
New Jersey Supreme Court considers whether new breath test machine can be used as evidence in DWI prosecutions.
Proposed NJ DWI Legislation
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, […]