That Chocolate Was Just Too Sweet

Alcoholism and DWI are obviously terms which individuals might correlate but chocoholism probably is not. Chocoholism is the addiction to chocolate, at least in theory.  The question which one might ask is what does an addiction to chocolate have to do with DWI?  I thought nothing until I read the recent report in an Australian newspaper wherein it was claimed that a DWI resulted from chocolate.  Continue Reading...

Common Law Defenses to DWI charges

There are some common law defenses available in DWI cases in New Jersey. Although the defenses generally available under the New Jersey Code of Criminal Justice are not available to a defendant in a drunk driving case (because it is a strict liability offense and a per se violation of the statute), common law defenses may be asserted. For example, the defense of duress under New Jersey common law Continue Reading...

New Jersey Driver’s License and DWI Convictions in Other States

We often receive calls from individuals who have a New Jersey Driver's License and have been charged or convicted of driving while intoxicated (DWI) in another State. Basically, this is the procedure. The individual must first contact an attorney in another State (say for example North Carolina). They must then fight the DWI charge in the North Carolina courts and they are subject to the penalties Continue Reading...

Some interesting cases on “operation of a motor vehicle” and DWI charges

Here are a few interesting cases concerning "operation of a motor vehicle" in the context of drunk driving charges in New Jersey. In State v. Morris, 262 N.J. Super 413 (1993), the Appellate Division held that a defendant's attempt to start the engine of his car, which was thwarted when a police officer grabbed the keys from his hand, demonstrated an intent to operate the vehicle. The possibility Continue Reading...

Important NJ cases on Sentencing

Here is some important case law on sentencing New Jersey DWI offenders. In State v. Luthe, 383 N.J. Super 512 (2006), the Appellate Division held that the amendments to the sentencing provisions of N.J.S.A. 39:4-50(a)(3) effective January 20, 2004, make it clear that a third or subsequent DWI offender must be sentenced to 180 days in jail, subject to as much as 90 days credit for time spent in an Continue Reading...