No DWI Jury Trials in New Jersey

On May 12, 2016, the New Jersey Supreme Court decided State v. Denelsbeck (A-42-14). In this case, the defendant was facing a fourth conviction for DWI. He argued that due to the jail term of 6 months plus the additional … Read More

What is a “Lower Tier” DWI?

If you have been charged with DWI in New Jersey, you may have heard of something called a “lower tier” while researching your options. This term refers to the different tiers of penalties in New Jersey for a first offense … Read More

Appellate Division Upholds Refusal Statement

On January 27, 2016, the Appellate Division of New Jersey decided State v. Quintero. In this case, the defendant pled guilty to driving while intoxicated (N.J.S.A. 39:4-50) and refusal to submit to a breath test (N.J.S.A. 39:4-50.4a). Her attorney, Greggory … Read More

DWI and Child Endangerment in New Jersey

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In New Jersey, if you are charged with DWI and a child is present in the car, you could also be charged with endangering the welfare of a child under 2C:24-4. DWI and child endangerment charges are both very serious. … Read More

What is the Twenty Minute Observation Period?

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Many people who have been charged with DWI ask about the twenty minute observation period. They have heard that the Alcotest operator must give the arrestee a twenty minute period before his or her breath is tested. This requirement comes … Read More

Step Down in Penalties for Refusal Conviction with Prior DWIs

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If a defendant is convicted of a second or subsequent DWI conviction 10 years after the prior conviction, he or she is entitled to a “step down” in penalties. This means that the defendant gets sentenced to lesser penalties than … Read More

Governor Conditionally Vetoes DWI Interlock Bill

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Many people having been talking about the pending legislation that would have allowed many first time DWI offenders to install the Interlock device in their car in lieu of a lengthy period of license suspension. I personally believe that the … Read More