In the State of New Jersey DWI cases are typically resolved in 60 days

My clients repeatedly ask the same question, "Why was I scheduled to appear in Court on the same day of my arrest for DWI or within days thereof." It should be noted that, some defendant motorists are arrested at 2:00 a.m. released by 4:00 a.m. and are scheduled to appear on that same day, namely at 9:00 a.m. The answer to the question is because New Jersey Municipal Court Judges are advised by their superiors to have all DWI cases resolved in 60 days! Thus, Judges want to advise all defendant's of their legal rights, including his/her right to counsel, as soon as possible. The Administrative Directive reflecting same reads as follows:

Directive on Statewide DWI Backlog Reduction
Directive #1-84 July 26, 1984
Issued by: Chief Justice Robert N. Wilentz
For the last several years, issues relating to driving while intoxicated have been
in the forefront of public attention in New Jersey and nationwide. The New Jersey
Legislature has enacted a number of bills to increase statutory minimum penalties, and
to provide financial support for increased enforcement and sanctions. The Executive
Branch has pursued programs of increased enforcement of these laws with vigor.
I recognize that a number of conditions, in addition to increased filings, have
combined to cause a backlog, including challenges to the reliability of breathalyzers.
However, our duty is to dispose of cases swiftly and fairly, within reasonable time
standards. We must and will meet that challenge.
The Supreme Court has, therefore, decided as a matter of policy that complaints
charging offenses under N.J.S.A. 39-4:50, Operation or Allowing Operation by Persons
Under the Influence of Liquor or Drugs and N.J.S.A. 39:4-50a. or [sic], Refusal to
Submit to Chemical Test, must be disposed of within 60 days of filing. This is consistent
with the standard suggested by all judges who attended the Annual Conference of
Municipal Court Judges in October 1983. It shall apply to all but exceptional cases.
However, I want to emphasize that DWI backlog reduction must not be pursued
at the expense of other court efforts especially the resolution of more serious disorderly
persons complaints. Therefore, special sessions may be needed in many courts.
I want to note that the 60 day standard for DWI cases, established in this
Directive, is a goal. Therefore, it does not replace the traditional guidelines established
through case law for dismissals based on lack of a speedy trial. You should now
consider and begin to implement management strategies designed to meet the 60 day
standard for new DWI cases. Techniques such as arraignment and scheduling soon
after complaint filing, expedited identification of defense counsel, pre-trial conferences
and scheduled trial dates within 45 days should be considered in this context.
I cannot overemphasize the importance of this effort. Elected officials of both the
legislative and executive branches of government have taken major steps to address
the DWI problem. It is incumbent on all segments of the judiciary to address this issue
with equal vigor. I would like to congratulate those courts that have succeeded in
keeping their DWI caseloads current. For those courts that have DWI backlogs,
immediate attention to this problem is crucial to New Jersey's statewide efforts to
effectively adjudicate DWI cases.