Clients often inquire as to whether or not any previous out-of-state DWI convictions or other alcohol-related traffic violations will affect their New Jersey DWI matter. A previous out-of-state alcohol-related traffic offense can indeed affect the penalties that will be imposed in your current New Jersey DWI case. This is because the DWI penalties in New Jersey increase with each subsequent DWI conviction.

There are very few defenses to a refusal charge in New Jersey.  In order to be found to have refused a breath test in violation of N.J.S.A. 39:4-50.4, the State must prove four essential elements.

in State v. Luzhak, the New Jersey Appellate Division construed N.J.S.A. 2C:40-26, fourth degree operating a motor vehicle during a license suspension stemming from DWI, to apply to DWI convictions from anywhere in the United States. In that case, the defendant, who had two prior DWI convictions, one from 2013 in Maryland and the other from 2010 in New Jersey, was issued a motor vehicle summons in Woodbridge for driving with a suspended license in violation of N.J.S.A. 39:3-4

The DWI attorneys at Wolf Law have been representing defendants charged with DWI/DUI for over more than 50 years. We know not only the law, but also how the system works, and we use our knowledge and experience to help protect your rights and fight for you to achieve the best possible outcome.

A sometimes-useful defense for DWI and DUIs is known as the “glove box” defense. The glove box defense comes into play when the motor vehicle is pulled over on the side of the road or parked somewhere. It also helps if drugs, alcohol, or empty bottles or packaging are found in or around the vehicle.

Since New Jersey seems to be on the cusp of legalization, this series will look at how other states handle Marijuana DUIs. This can give us an idea of how New Jersey may handle them as well. It is important to note that in many other states DUIs and DWIs are criminal offenses, while in New Jersey they are motor vehicle offenses.

This is the second installment of a series of blogs discussing how different DUI laws are adopted in states where recreational marijuana use has been legalized. As New Jersey is on the cusp of legalization, this series will look at how other states handle Marijuana DUIs. This can give us an idea of how New Jersey may handle them as well.

For almost two years, cases affected by the conduct of Sgt. Marc Dennis have been stayed by the New Jersey Supreme Court. The stay was put in place after it was discovered that Sgt. Dennis had not been following proper procedure with the calibration of the Alcotest machines in Middlesex, Monmouth, Ocean, Somerset, and Union Counties.

You are charged with a third offense DWI – is there anyway to avoid the 180 day mandatory jail term? Under a 1990 New Jersey Supreme Court decision, State v. Laurick, an uncounseled guilty plea cannot be used against a defendant for the purposes of an enhanced custodial sentence.

As of January 1, 2020, sentencing will be changing on first offense DWIs that occur after December 1, 2019. Unfortunately, if you have a pending DWI case, these changes are not going to apply to your sentencing. The new penalties are tiered, just like the prior ones were. This means that you're reading on the Alcotest, effects the penalties imposed. 

The client, who had 5 previous felony convictions, and 2 previous DWI convictions had taken steps towards turning his life around and had steady employment as a cars salesman which he would lose if he was sentenced to jail. He came to our office looking for help in staying out of prison.

In September of 2019, I wrote how we had successfully kept a client out of prison who was charged with the 4th degree criminal offense of Driving While Suspended because of a multiple offense DWI under 2C:40-26B. This charge carries with it a New Jersey State Prison sentence of up to 18 months with a mandatory 6-month period of parole ineligibility. We did this by filing Motions for Post-Conviction Relief on his second DWI conviction.

Under the new DWI Law, on a first offense DWI or Refusal instead of a suspension of your driving privileges an interlock is required...