New Jersey DWI -- The Steps of Litigation

Legal procedure can often appear to be a complicated maze to those who are unfamiliar with the court system. It is important that you contact a competent and knowledgeable attorney when faced with a DWI charge so that you avoid the many pitfalls and potential problems that can arise when your case goes to trial.

Before trial:

Issuance of Summons and Complaint.
Arraignment in Municipal Court.
Plea: Guilty or Not Guilty.
Attorney's Appearance.
Discovery.
Pretrial Motions:
Suppress Evidence.
Exclude Admissions.
Discovery Issues.

Trial:

State's Case.
Direct examination of State's witnesses
Cross examination of State's witnesses
The State rests
Motion to Acquit Defendant.
Defense Case.
Direct examination of defense witnesses
Cross examination of defense witnesses
The Defense rests
Closing Arguments.
Verdict: Guilty or Not Guilty.
Sentencing.
Motion for Stay of Execution of Sentence.

NOTE: Court rules usually prohibit plea bargaining of drunk driving and breath test refusal, marijuana possession, and drug paraphernalia charges.

Appeals to Superior Court, Law Division

Notice of Appeal (within 20 days of sentencing at trial).
Briefs filed with Appellate Court.
Oral Argument.
Verdict: Guilty or Not Guilty.
Sentencing.
Motion for Stay of Execution of Sentence.

Appeals to Superior Court, Appellate Division

Notice of Appeal (within 45 days of entry of judgment of conviction in Law Division).
Briefs filed with Appellate Court.
Oral Argument.
Opinion issued for
Affirmance
Reversal
Vacation and Remand

Appeals to New Jersey Supreme Court

Certification (i.e., by permission) if Appellate Division opinion is unanimous)
Appeal as of right if Appellate Division is divided

Appeals Beyond the New Jersey Supreme Court

Petition for Certiorari to the U.S. Supreme Court
Appeal to U.S. Supreme Court if certiorari is granted

Post Conviction Challenges to Conviction

In State Courts:

Petition for Post Conviction Relief within five years of conviction, except under extraordinary circumstances

In Federal Courts:

  • Petition for Writ of Habeas Corpus in Federal District Court within one year of exhaustion of State appeals and if defendant still faces custody (i.e., jail or IDRC)
  • Certification of Probable Cause to Appeal (unless already certified)
  • Appeal to Federal Circuit Court of Appeals
  • Petition for Certiorari to the U.S. Supreme Court
  • Appeal to U.S. Supreme Court if certiorari is granted