DWI Strategy & Results

If you’ve been arrested for DWI in New Jersey, you might be wondering if pleading guilty will encourage the judge to be lenient.

While some defendants hope this approach will reduce penalties, pleading guilty without fully understanding the consequences can be a serious mistake. Here’s what you need to know about New Jersey’s DWI penalties and how Reisig Criminal Defense & DWI Law can help you fight for the best possible outcome.

Will a Judge Go Easy If You Plead Guilty?

New Jersey has some of the toughest DWI laws in the country, with mandatory penalties that judges must follow. Even if your case seems minor—such as having a BAC under .10%, no accidents, and no additional charges like reckless driving—the judge is still required to impose specific fines, license suspensions, and possible jail time.

While a judge might issue a lighter sentence if your case has mitigating factors, pleading guilty means you’re accepting a conviction, which brings long-term consequences like license suspension, hefty fines, and years of increased insurance premiums. A conviction stays on your driving record and can’t be expunged in New Jersey.

Why You Should Consider Fighting the Charges

The reality is that being arrested for a DWI isn’t the same as being convicted. New Jersey’s legal system allows you the opportunity to challenge the charges. Even if the evidence seems strong, there may be weak points in the prosecution’s case that an experienced attorney can exploit, such as:

• Faulty Field Sobriety Tests: If the officer failed to conduct the tests properly, results might be inadmissible.
• Breath Test Errors: Problems with the Alcotest machine or improper calibration could invalidate your BAC reading.
• Lack of Probable Cause: If the police officer lacked a legitimate reason to stop your vehicle, your case could be dismissed.
• Improper Procedures: Any failure to follow legal procedures during the arrest could result in evidence being thrown out.

Why Choose Reisig Criminal Defense & DWI Law?

With nearly 30 years of success, Reisig Criminal Defense & DWI Law has helped thousands of New Jersey drivers fight DWI charges. Our attorneys understand the complexities of New Jersey’s DWI laws and know how prosecutors handle cases in courts throughout the state.

What Sets Us Apart:

• Proven Experience: Decades of successfully defending clients in DWI cases.
• Knowledge of Local Courts: Familiarity with prosecutors and judges across New Jersey.
• Aggressive Defense: We explore every legal strategy to reduce charges or dismiss your case.
• Personalized Representation: We develop customized defense plans based on the specifics of your case.

Call for a Free Consultation

If you’ve been charged with a DWI in New Jersey, don’t assume that pleading guilty will result in leniency. You have a right to representation and your day in court. Let Reisig Criminal Defense & DWI Law fight for your rights, minimize penalties, and help secure the best possible outcome.

Call us today at (732) 625-9660 for a free consultation and take the first step toward protecting your future.

More Information About DWI’s, Our Thoughts and Strategies

• Should An Attorney Plea Bargain To Get A DWI Charge Reduced In NJ?
• Is It Better To Pay The Fines & Accept The Punishment For A DWI or Pay For A Great Attorney
• How To Get Driving Privileges After A DWI Conviction In NJ
• How Come I Didn’t Get A Miranda Rights Warning When I Was Stopped For DWI in NJ?
• Can You Get A DWI Expunged From Your Record In DWI?
• If I Get A DWI In NJ While Visiting, Will I Lose My License Back Home?
• I Was Arrested For DWI In NJ While On Drugs Prescribed By My Psychiatrist
• Can I Get A Copy Of The Video Recording That Was Made During My DWI Stop in NJ?
• Do I Have To Appeal My Conviction For DWI First Before I File For Post-Conviction Relief in NJ?

Getting arrested for DWI while visiting New Jersey raises many questions, especially if you’re an out-of-state driver.

One of the biggest concerns is whether your home state will suspend your license. The answer depends on the laws of your home state and how they respond to out-of-state DWI notifications.

New Jersey’s Role in Out-of-State DWI Cases

When you’re convicted of DWI in New Jersey, the state reports the violation to your home state through the Interstate Driver’s License Compact. However, what happens next varies widely. Some states impose reciprocal penalties, meaning they will suspend your license for the same period as New Jersey. Others may choose not to enforce additional penalties, particularly if the DWI doesn’t meet their own threshold for action.

One unique aspect of New Jersey’s DWI laws is that the offense is not classified as criminal. In many states, DWI can be a misdemeanor or felony, but in New Jersey, it’s considered a traffic violation. This distinction can sometimes benefit out-of-state drivers, as some states lack the resources to enforce out-of-state traffic violations unless they carry criminal penalties.

How a DWI Can Impact Your Home State License

If your home state decides to take action, the penalties can vary. States like New York and Pennsylvania are known for enforcing reciprocal penalties, while others may not. However, even if your home state doesn’t suspend your license, the DWI conviction will remain on your driving record and can lead to increased insurance premiums, points on your license, and potential employment consequences.

It’s crucial to understand how your home state handles out-of-state DWIs and work with an experienced New Jersey attorney who can help mitigate the impact.

Why You Need a Skilled New Jersey DWI Attorney

Dealing with a DWI in a state you don’t live in can be overwhelming. The legal proceedings, potential penalties, and coordination between New Jersey and your home state make the process complex. This is why hiring a skilled New Jersey DWI attorney is essential.

Reisig Criminal Defense & DWI Law has nearly 30 years of experience handling cases like yours. The team is familiar with New Jersey’s DWI laws and understands how to navigate the legal system to protect your rights. Whether it’s challenging the validity of the stop, questioning the accuracy of breathalyzer results, or negotiating with prosecutors, Reisig Criminal Defense & DWI Law is committed to fighting for the best outcome in your case.

Protecting Your Rights from Afar

If you’ve already returned to your home state, Reisig Criminal Defense & DWI Law can still represent you. They work closely with clients to manage the case remotely when possible, minimizing the need for you to travel back to New Jersey. The firm understands the stress of dealing with a DWI from a distance and provides clear, consistent communication to keep you informed every step of the way.

Take Action Now

If you’ve been arrested for DWI while visiting New Jersey, don’t wait to seek legal help. A conviction could have far-reaching consequences, from license suspension to increased insurance costs. Reisig Criminal Defense & DWI Law has the experience, resources, and dedication to fight for your rights and help protect your driving privileges.

Call Reisig Criminal Defense & DWI Law at 732-625-9660 for a free consultation. With nearly three decades of success, they are one of New Jersey’s most trusted and experienced DWI defense firms, ready to provide the support you need.

More Information About DWI’s, Our Thoughts and Strategies

• Should An Attorney Plea Bargain To Get A DWI Charge Reduced In NJ?
• Is It Better To Pay The Fines & Accept The Punishment For A DWI or Pay For A Great Attorney
• How To Get Driving Privileges After A DWI Conviction In NJ
• How Come I Didn’t Get A Miranda Rights Warning When I Was Stopped For DWI in NJ?
• Can You Get A DWI Expunged From Your Record In DWI?
• If I Plead Guilty To A DWI in NJ, Will The Judge Go Easy On Me?
• I Was Arrested For DWI In NJ While On Drugs Prescribed By My Psychiatrist
• Can I Get A Copy Of The Video Recording That Was Made During My DWI Stop in NJ?
• Do I Have To Appeal My Conviction For DWI First Before I File For Post-Conviction Relief in NJ?

Luckily, no. Unlike nearly every other state, New Jersey treats DWI as a traffic matter, not a true criminal offense.

But make no mistake – jail time and hefty fines are two outcomes of a DWI conviction, so while you won’t have to worry about it showing up on criminal background checks in the future, you will see lasting impacts on your ability to purchase affordable car insurance, and if you work in a field that requires a CDL, a first-time DWI conviction in a passenger vehicle will keep you off the job for a year.

Fighting a DWI with Reisig & Associates can save you money for years to come, and keep all doors open to you professionally.

Call us today at 732-625-9660 and talk to an attorney for free.

A DWI arrest in New Jersey can be overwhelming, especially if it involves medications prescribed by a psychiatrist. Many people are surprised to learn that New Jersey’s DWI statute, N.J.S.A. 39:4-50, doesn’t only apply to alcohol but also includes intoxication caused by drugs. This includes narcotics, hallucinogens, and habit-forming substances. If your arrest stems from prescription medications, navigating the complexities of the law can be especially challenging.

How Prescription Medications Fall Under NJ’s DWI Law

New Jersey law makes no distinction between illegal drugs and some prescription medications when it comes to DWI charges. Even if your medication was lawfully prescribed by a psychiatrist, you could still face charges if the authorities believe it impaired your ability to operate a vehicle. Psychiatric medications, such as antidepressants, anti-anxiety drugs, and certain sleep aids, may be classified as habit-forming drugs, depending on their effects and how the prosecution interprets them.

The ambiguity surrounding what qualifies as a “habit-producing” drug adds another layer of complexity. Some medications prescribed by psychiatrists may be argued as non-habit-forming, making it critical to have a knowledgeable DWI attorney on your side to navigate these legal gray areas.

Why Prescription Drug DWIs Are Harder to Prove

Unlike alcohol-related DWIs, which rely on clear evidence such as breathalyzer results, drug-related DWI cases present unique challenges for the prosecution. There’s no “prescription drug breathalyzer” to measure impairment, and blood or urine tests often cannot definitively prove intoxication at the time of driving.

For these reasons, drug-related DWIs are among the hardest cases for municipal prosecutors to prove. The law requires clear evidence that the driver’s ability to operate the vehicle was impaired. This often involves testimony from a Drug Recognition Expert (DRE), who evaluates signs of impairment. However, DRE evaluations can be subjective, making them vulnerable to cross-examination by an experienced defense attorney.

The Importance of an Experienced DWI Attorney

If you’ve been arrested for a prescription drug-related DWI, the best decision you can make is to hire an experienced DWI attorney. These cases require a nuanced understanding of both New Jersey’s DWI laws and the science behind drug intoxication.

Reisig Criminal Defense & DWI Law has been one of New Jersey’s most trusted and successful law firms for nearly 30 years. With a track record of defending clients against complex DWI charges, including those involving prescription medications, they have the expertise needed to build a strong defense. Their approach includes analyzing the specifics of your case, challenging the evidence, and presenting expert witnesses to dispute claims of impairment.

Building a Strong Defense

Successfully defending against a prescription drug DWI charge often involves three critical components:

1. Expert Witnesses: An expert witness, such as a pharmacologist, can testify about the effects of the prescribed medication and whether it likely caused impairment.
2. Prescribing Doctor: The testimony of your psychiatrist can clarify why the medication was prescribed and how it should affect your ability to drive.
3. Challenging Evidence: An experienced attorney will scrutinize the DRE evaluation, any blood or urine test results, and the circumstances of your arrest to identify weaknesses in the prosecution’s case.

Why Choose Reisig Criminal Defense & DWI Law?

With decades of experience and an impressive record of success, Reisig Criminal Defense & DWI Law has become a go-to choice for individuals facing DWI charges in New Jersey. Their deep understanding of the complexities of prescription drug DWI cases allows them to craft tailored defense strategies that maximize the chances of a favorable outcome.

Don’t face your DWI charges alone. Contact Reisig Criminal Defense & DWI Law today to get the guidance and representation you need. With their expertise, your prescription drug DWI case can be successfully defended. Call now to take the first step toward protecting your rights and your future.

More Information About DWI’s, Our Thoughts and Strategies

• Should An Attorney Plea Bargain To Get A DWI Charge Reduced In NJ?
• Is It Better To Pay The Fines & Accept The Punishment For A DWI or Pay For A Great Attorney
• How To Get Driving Privileges After A DWI Conviction In NJ
• How Come I Didn’t Get A Miranda Rights Warning When I Was Stopped For DWI in NJ?
• Can You Get A DWI Expunged From Your Record In DWI?
• If I Plead Guilty To A DWI in NJ, Will The Judge Go Easy On Me?
• If I Get A DWI In NJ While Visiting, Will I Lose My License Back Home?
• Can I Get A Copy Of The Video Recording That Was Made During My DWI Stop in NJ?
• Do I Have To Appeal My Conviction For DWI First Before I File For Post-Conviction Relief in NJ?

You’ve been arrested for DWI in New Jersey. You’re probably feeling a mix of emotions – fear, confusion, and maybe even a little disbelief. It’s a scary situation, but remember, you have rights. One of the most important rights you have is access to any video recordings made during your arrest.

Understanding the Importance of Video Evidence

In today’s world, police vehicles are often equipped with dashcams.  These cameras record everything that happens during a traffic stop, from the initial interaction with the officer to your arrest and transport to the police station. This video footage can be crucial evidence in your DWI case.

How Can the Video Be Used?

The prosecution might use the video to:

• Demonstrate your impairment: The video might show signs of impairment, such as swerving, speeding, or difficulty maintaining your lane.
• Document your performance on field sobriety tests: The video can record how you performed on tests like the walk-and-turn or one-leg stand, which the officer might use as evidence of your intoxication.
• Capture your statements: Anything you say to the officer, whether it’s an admission of guilt or a simple conversation, can be used against you in court.

But the video can also work in your favor!

An experienced DWI defense attorney can carefully review the video to:

• Identify inconsistencies: The video might reveal inconsistencies in the officer’s report or testimony. For example, the video might show that you were not as impaired as the officer claimed.
• Find exculpatory evidence: The video might contain evidence that supports your innocence. Perhaps the officer’s actions were unjustified, or the video might show that you were not actually driving erratically.

The Importance of Skilled Legal Counsel

Analyzing and utilizing video evidence in a DWI case is a complex task. It requires a deep understanding of the law, investigative skills, and the ability to present the evidence effectively in court.

At Reisig Criminal Defense & DWI Law, we have a proven track record of success in defending individuals charged with DWI. For nearly 30 years, we have been a trusted name in New Jersey, fighting for the rights of our clients and achieving positive outcomes in even the most challenging cases.

Our experienced attorneys:

• Thoroughly review all available evidence, including video recordings.
• Develop a strong defense strategy tailored to your specific circumstances.
• Aggressively negotiate with the prosecution to achieve the best possible outcome for your case.
• Provide you with personalized guidance and support throughout the entire legal process.

Don’t face this alone. Contact Reisig Criminal Defense & DWI Law today for a confidential consultation. We can help you understand your rights, assess your case, and develop a winning defense strategy.

Call us now at 732-625-9660. We are here to help.

More Information About DWI’s, Our Thoughts and Strategies

• Should An Attorney Plea Bargain To Get A DWI Charge Reduced In NJ?
• Is It Better To Pay The Fines & Accept The Punishment For A DWI or Pay For A Great Attorney
• How To Get Driving Privileges After A DWI Conviction In NJ
• How Come I Didn’t Get A Miranda Rights Warning When I Was Stopped For DWI in NJ?
• Can You Get A DWI Expunged From Your Record In DWI?
• If I Plead Guilty To A DWI in NJ, Will The Judge Go Easy On Me?
• If I Get A DWI In NJ While Visiting, Will I Lose My License Back Home?
• I Was Arrested For DWI In NJ While On Drugs Prescribed By My Psychiatrist
• Do I Have To Appeal My Conviction For DWI First Before I File For Post-Conviction Relief in NJ?

What is the difference between appealing my conviction and filing a Post Conviction Relief Petition? I was told I must appeal the conviction first.

There are major differences between appealing a DWI conviction from municipal court and filing a petition for post-conviction relief (PCR) pertaining to said conviction.

There is no requirement to filing a municipal appeal for a DWI conviction. A failure to file a municipal appeal does not bar an individual from subsequently filing a PCR petition. However, an individual who appeals his DWI conviction must exhaust all of his appellate remedies before filing a PCR.

Municipal appeals in New Jersey are governed by R.3:23. It must be filed within 20 days from the date of conviction. Another term for a municipal appeal is trial de novo. In essence, a municipal appeal of a DWI conviction (or any municipal court conviction) is where a case is decided anew based on the record in the trial court below.

In nearly all cases, there is no additional testimony in a municipal appeal. Rather, a transcript of the municipal court proceedings is provided to a Superior Court Judge in Criminal Part for review. A briefing schedule is set forth by the Superior Court judge in which the defendant files a brief, or written legal argument, in support of the municipal appeal.

The county prosecutor’s officer in the county wherein the municipal court conviction occurred then submits its own brief, or written legal argument, in opposition to the defendant. During the municipal appeal itself, the Court hears oral argument from the defense and the county prosecutor’s office, respectively. Then the Superior Court judge renders his decision.

The Superior Court judge is required to give due deference to the municipal court judge regarding the credibility of the witnesses who testified below. Not one deference is provided to the municipal court judge’s findings below. In all respects, the Superior Court judge decides the case “anew” on the transcript of the trial proceedings, the written legal arguments, and the oral argument provided during the trial de novo.

All factual and legal issues present in the record in the municipal court are available to a defendant. This is a marked distinction from an Appellate Division appeal in which only legal arguments can be presented.

A PCR in New Jersey is equivalent to a federal Habea Corpus petition. It is only available after the Defendant has exhausted his appellate remedies or if the Defendant did not pursue appellate remedies. However, a PCR cannot be predicated upon any issues that could have reasonably been raise on appellate review by a defendant.

A PCR petition from a municipal court conviction is governed by New Jersey Court Rule 7:10-2. It must be filed within 5 years of the date of the municipal court conviction or upon excusable neglect by the defendant. It is nearly impossible to file a timely PCR based upon excusable neglect by a defendant.

Therefore, it is imperative that a PCR petition be filed within the 5 year statute of limitations. PCR practice is very specialized. My Law Office has been on the cutting edge of filing PCR petitions for over 15 years. PCR petitions emanating from DWI convictions generally come in two varieties. The first is where the municipal court fails to properly accept a guilty plea and advise of the consequences of said plea which implicates constitutional notions of due process.

A PCR based on this theory can only be filed after first obtaining the transcript(s) of the guilty plea. These types of PCRs provided fertile ground for a defendant. The other type of PCR for a DWI conviction from a municipal court is where the defendant alleges ineffective assistance of counsel on the part of his trial counsel. This can be done in the context of a guilty plea or after a trial. This is a very particularized type of petition. If an individual has multiple convictions for DWI, they should consult with an experienced DWI attorney to determine if their prior convictions can be vacated by virtue of a PCR petition.

If you need assistance with appealing a conviction for DWI in New Jersey or filing a post conviction relief petition, contact attorney Matthew Reisig at (732) 625-9660.

More Information About DWI’s, Our Thoughts and Strategies

• Should An Attorney Plea Bargain To Get A DWI Charge Reduced In NJ?
• Is It Better To Pay The Fines & Accept The Punishment For A DWI or Pay For A Great Attorney
• How To Get Driving Privileges After A DWI Conviction In NJ
• How Come I Didn’t Get A Miranda Rights Warning When I Was Stopped For DWI in NJ?
• Can You Get A DWI Expunged From Your Record In DWI?
• If I Plead Guilty To A DWI in NJ, Will The Judge Go Easy On Me?
• If I Get A DWI In NJ While Visiting, Will I Lose My License Back Home?
• I Was Arrested For DWI In NJ While On Drugs Prescribed By My Psychiatrist
• Can I Get A Copy Of The Video Recording That Was Made During My DWI Stop in NJ?