Plea Bargaining in NJ DWI Cases

Plea bargaining is a traditional practice for criminal defense lawyers in attempting to resolve criminal charges for their clients. However, in New Jersey drinking and driving cases this option is not available. All offenses set forth under N.J.S.A. 39:4-50(a), including the offense of permitting the intoxicated operation of a motor vehicle may not be the subject of plea bargaining in municipal Continue Reading...

What constitutes “operation of a motor vehicle” under New Jersey DWI Law?

"Operation" is a crucial element that the State must prove beyond a reasonable doubt when prosecuting an individual for driving while intoxicated (DWI). There is some important case law in New Jersey regarding what constitutes "operation" sufficient to satisfy the State's burden of proof. First, an operator of a motor vehicle is defined as a person who is in actual physical control of the vehicle. Continue Reading...

Restrictions on Defenses

Many times clients ask us about possible defenses to charges for drinking and driving in New Jersey. A defense of extreme sensitivity to alcohol is not a defense to DWI charges in New Jersey under N.J.S.A. 39:4-50. "Hypersensitivity to the effects of alcohol does not constitute a defense to a charge of drunk driving." State v. Cryan, 363 N.J. Super 442 (2003). Contributing factors of medication or Continue Reading...

Interesting DWI cases in New Jersey

Here are some DWI cases in New Jersey with very interesting and sometimes peculiar factual scenarios. In State v. Metcalf, 166 N.J. Super 46 (1979), a defendant, who after being arrested, processed, and released by the police is subsequently arrested again for drunk driving on the same evening may be properly convicted of two separate offenses as his conduct demonstrates two distinct episodes of Continue Reading...