IN NEW JERSEY DELAYING A DWI TRIAL FOR 344 DAYS REQUIRES DISMISSAL OF THE DWI

 In the most recent New Jersey Appellate Division decision of State v. Tsetsekas, the Court held that a delay of 344 days in bringing defendant to trial on charge of driving while intoxicated (DWI) violated defendant's speedy trial rights, thus requiring reversal of conviction; delay was more than five times the stated objective, delays were numerous, mostly avoidable, largely unexplained, and caused by State's failure to be ready to proceed, which caused disruption of defendant's everyday activities, the consumption of time and money, and emotional anxiety and uncertainty, resulting in more than minimal prejudice to defendant. U.S.C.A. Const.Amend. 6.

PRIOR GUILTY PLEA TO NJ DWI REFUSAL TO TAKE A BREATHE TEST WILL BE TREATED AS A PRIOR DWI CONVICTION FOR SENTENCING PURPOSES

In State v. Ciancaglini. the New Jersey Appellate Division reversed a long-standing precedent by holding  that a prior conviction for refusing to take the breathalyzer test is considered a prior “violation” or “offense” for purposes of the DWI statute. In essence, the Court's decision treats defendants that previously pled guilty to refusing to take a the breathalyzer (as opposed to individuals guilty of driving under the influence of alcohol or drugs) the same, for sentencing purposes, as if that defendant actually pled guilty to driving under the influence of drugs or alcohol.  The practical application of this decision will make a defendant that was acquitted of a driving under the influence of alchohol (DWI) but pled guilty to Refusing to take a breathalyzer test the same as a defendant that actually pled guilty to a DWI.