South Jersey Law Blog

Legal Roundup: DWI Law in NJ

Posted by Richard DeMicheleSep 28, 20130 Comments

Has New Jersey DWI Law Become Settled?

The past couple of weeks have been busy for those who follow the legal landscape in New Jersey Municipal Courts.  Here is a recap of our recent posts involving DWI and the New Jersey Municipal Court System. The status of DWI protections involving the Alcotest became a clearer when the New Jersey Supreme Court released its order in State v Chun.  See  New Jersey Supreme Court: Alcotest Remains Scientifically Reliable.  Our high court reaffirmed the scientific reliability of the Alcotest. We also analyzed the New Jersey Supreme Court decision in  State v O'Drisoll  and its impact on New Jersey DWI Refusal law. See  For a DWI Refusal: Close Enough is Good Enough.  It remains to be seen how the courts will decide what is a material deviation when it comes to the standard statement. We also reviewed the Ten Year Step Down Rule for DWI sentencing in New Jersey. See   DWI Penalties in New Jersey and the “Ten Year Rule”. While the above posts dealt directly with DWI law in New Jersey we also wrote about two aspects of Municipal Court law that are significant but do not apply to DWI cases. Conditional Discharge is now permissible in Municipal Court.  See,  Good News for New Jersey First-Time Offenders.  This diversionary program has been expanded to more than minor drug possession cases. We also commented on a lesser known New Jersey Municipal Court diversionary program, ATRA.  Using ATRA to Get Charges Dismissed in Atlantic City Municipal Court.  ATRA allows certain defendants who are charged with non DWI alcohol related offenses to complete a treatment and rehabilitation program and have their charges dismissed. If you or a loved one have questions regarding DWI, Refusal, or any other charge in the  New Jersey Municipal Courts,  contact the municipal court defense lawyers at  DeMichele & DeMichele today. We are experienced DWI and criminal defense attorneys who are ready to defend the charges against you.   Contact us now for your confidential and free initial consultation. You can also reach us by telephone  (856) 546-1350. Don't just plead guilty and risk your driving privilege or driving record.