Following a finding of guilty in a DWI case, a defendant may ask for a stay of the license suspension requirement pending an appeal of the case, so that he or she can still drive until the case is heard on appeal.
However, the NJ Appellate Division in State v. Robinson just made it harder for defendants to be given this stay by the trial court.
The Appellate Division ruled that the trial court must consider several factors previously laid out in Crowe v. DeGioia, 90 N.J. 126 (1982).
These factors are:
1) The relief is needed to prevent irreparable harm.
2) The applicant’s claim rests on settled law and has a reasonable probability of succeeding on the merits.
3) The relative hardships to the parties reveals that greater harm would occur if a stay is not granted than if it were.
If you are facing a DWI charge, it is important to be represented by an attorney who can defend your case in municipal court and protect your rights if the need for an appeal arises.
If you have been accused of a DWI charge, it is important to discuss your rights with an attorney. Call (201) 343-4622 for a free consultation with Jason T. Komninos, Esq.