In 2011, over 1.2 million drivers were arrested for driving under the influence of alcohol, according to the Federal Bureau of Investigation. 
If you have been arrested for driving while intoxicated (DWI) in New Jersey, you need to take many things into consideration. A DWI conviction is a serious traffic violation that can result in serious jail time, expensive monetary fines, the loss of your driving privileges and other consequences that can seriously impact all aspects of your life.
A DWI conviction can be costly in multiple ways. If you or a loved one has been found guilty or convicted of drunk driving, there may be options to appeal your conviction. Although it is important to note that not all DWI appeals in New Jersey are commonly successfully, there may be some grounds for appealing your conviction.
Standard of Proof for a New Jersey Drunk Driving Conviction
In order for the prosecutor to successfully prove his or her case and option a guilty conviction against you at trial, he or she must prove the following elements:
- Operation
- Of a vehicle or vessel
- By a person
- While intoxicate, and/or
- With a blood alcohol or concentration at, or above, the limit set by the statute.
Under New Jersey law, a DWI is considered a “quasi-criminal” offense. As such, the standard of proof for a conviction of “beyond a reasonable doubt” requires proving that each of the above elements occurred. This standard can be met upon the observational testimony of the arresting officer that you were operating a motor vehicle while under the influence.
How to Appeal a New Jersey DWI
You have 20 days from the date your conviction judgment was entered to file a Notice of Appeal with the court clerk. Within five days, you need to file a copy of the notice with the county clerk and serve a copy to the prosecutor.
In order to increase your chances of a successful appeal, you or your DWI attorney should:
- Order transcripts of the first trial at which you were convicted
- File a brief with the New Jersey Superior Court
- Determine if any exceptions apply in putting forth new evidence
- Determine whether there might have been a procedural error at your DWI trial
- If you pled guilty, determine whether you were aware of the consequences of your decision and understood the ramifications thereafter
Facing DWI Charges? Immediately Hire an Attorney!
If you or a loved has been convicted of a DWI in New Jersey, it is in your best interest to immediately consult with an experienced attorney to determine whether you have grounds to successfully appeal your conviction.
An attorney who specifically deals with drunk driving cases can help you fight your conviction and avoid the negative consequences that a conviction will have on all aspects of your life and the lives of your loved ones.
Call Us
For more information or to schedule a free consultation with drunk driving attorney Dan Matrafajlo, please call Beninato & Matrafajlo Attorneys At Law, LLC at (908) 248-4404.
