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Appealing a DWI Conviction: See What Happened Here

No doubt you already know that driving while intoxicated (DWI) can saddle you with some serious consequences. It just takes a second to review N.J.S.A. 39:4-50 of the New Jersey Statutes to get a basic understanding of the legal definition. In New Jersey, DWI is a traffic offense. However, that doesn’t mean you won’t risk some hefty penalties if you’re suspected of driving while under the influence.https://www.njticketattorneys.com

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Appealing a DWI Conviction: See What Happened Here

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  1. Appealing a DWI Conviction: See What Happened Here

  2. Appealing a DWI Conviction: See What Happened Here No doubt you already know that driving while intoxicated (DWI) can saddle you with some serious consequences. It just takes a second to review  N.J.S.A. 39:4-50 of the New Jersey Statutes to get a basic understanding of the legal definition. In New Jersey, DWI is a traffic offense. However, that doesn’t mean you won’t risk some hefty penalties if you’re suspected of driving while under the influence.

  3. Truth be told, not all DWI matters are open and shut cases. With that in mind, you should share the circumstances of your arrest with an experienced New Jersey DWI attorney.  Even information that seems unimportant can help your DWI lawyer prepare your defense and possibly prevent you from the consequences of a conviction. If you are convicted of a DWI, you may have grounds to appeal the conviction. An experienced New Jersey DWI appeals attorney can guide you through the complicated legal process of appealing a drunk driving conviction.

  4. DWI Conviction on Appeal DWI Conviction on Appeal Navigating the New Jersey appellate process can be very involved. A recent New Jersey court case involved an appeal of a DWI conviction. State v. Robert Capers is an unpublished opinion written by the New Jersey Appellate Division. (The fact that it is unpublished means that it only applies to the named parties.)

  5. When Capers awoke, he told the officers—with watery eyes and slurred speech—that he had just returned from a graduation party. The police officials requested that Capers step out of the car. As he did so, Capers was unsteady, leaned on the vehicle, swayed back and forth, and spoke very slowly. Also, his eyes were blurry and bloodshot.

  6. In his appeal, Capers argued that the State failed to establish that he was under the influence at the time of the operation of the vehicle. Furthermore, Capers contended that the breathalyzer was improperly administered based on conflicting police testimony that there was more than one officer in the room at the time.

  7. Upon reviewing the lower court’s decision, the Appellate Division found that the breathalyzer reading was properly administered after corrective testimony “that there was only one officer in the room” to observe Capers and conduct the test, thus assuring conclusive proof as to the results.  The judge concluded that the police followed the administrative rules. The appellate court upheld the lower court ruling of a DWI conviction.

  8. The Law Offices of Beninato & Matrafaljo has extensive experience representing those charged with DWI and will thoroughly research the facts of your case to provide the best possible defense Contact us to see how we can help. Visit:- https://www.njticketattorneys.com

  9. Thank You

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