Right to a speedy trial

There is a right to a speedy trial when charged with drinking and driving in New Jersey under N.J.S.A. 39:4-50. The New Jersey Supreme Court held that there are four factors the court must weigh and balance when a defendant asserts a speedy trial claim arising from a delay in a municipal court drunk driving prosecution. State v. Gallegan, 117 N.J. 345 (1989). The factors balanced include: (1) the Continue Reading...

Is the engine running? Key element of DWI cases

Whether or not the engine is running in the vehicle can sometimes be a key factual element of DWI cases. If the engine is not running, it is difficult to meet the three prong test to show operation. The elements of the three prong test are: physical control over the vehicle, an intent to operate, and an ability to do so. This third prong requires at least that the vehicle be capable of operation. Continue Reading...

Sentencing Issues in NJ DWI Cases

A very important aspect in sentencing for DWI convictions is whether you are categorized as a first, second, or third offender. This categorization can significantly effect the penalties involved. One of the strategies for avoiding categorization as a second or third offender is to argue that your prior convictions were "uncounseled", meaning that the defendant was not represented by counsel in Continue Reading...

Miranda Warnings and the Right to Counsel in DWI cases

Many times clients ask about the famous "Miranda" warnings and the validity of their DWI charges if the law enforcement officers failed to give the Miranda warnings at certain points. There are a few landmark New Jersey Supreme Court cases on point addressing these issues. First, the taking of a breath test is non-testimonial in nature and is not covered by the privilege against Continue Reading...

Pre-Trial Intervention (PTI) and Past DWI convictions

As a criminal defense firm, we are frequently contacted by individuals facing serious criminal charges not related to a drinking and driving charge or other motor vehicle offenses. However, we often are asked about the relevance of past DWI convictions on the defendant's ability to be admitted into the Pre-Trial Intervention Program in New Jersey. Pre-Trial Intervention, also known as PTI, is a Continue Reading...