The highest court in the state of New Jersey has handed down an important ruling when it comes to trials involving Long Beach Island DWI charges. Driving while intoxicated is a traffic offense and not a criminal offense in New Jersey, but it can still lead to substantial fines and jail time. However, the state Supreme Court ruled that people facing DWI charges are not “sufficiently serious” to trigger the constitutional right of trial by jury under the Sixth Amendment.

The 5-1 ruling came after the case of James R. Denelsbeck who faced his fourth offense for driving while intoxicated, which would lead to six months in prison, a 10-year suspension of his license followed by two years required use of an ignition interlock device, and thousands of dollars in fines. The accused demanded a jury trial, but was denied and found guilty. He appealed to the New Jersey Supreme Court, but his request was denied.

The New Jersey Bar Association and the New Jersey chapter of the American Civil Liberties Union argued that New Jersey should join most other states and try DWI cases in front of a jury. However, County prosecutors and the state Attorney General's Office argued it would overburden the court system. New Jersey is the only state in the United States not to try an individual's fourth DWI by jury, as noted by Justice Barry Albin in his dissent of the majority opinion.

New Jersey laws have frequently been criticized as being too lenient on DWI conviction, using fines instead of jail time. New Jersey differs from most states in that juries are not required in DWI trials (as they are in 40 states).

Speak With A DWI Defense Attorney

If you have been accused of a DWI on Long Beach Island it is time to speak with a criminal defense attorney at Villani & DeLuca. Our attorneys have over 20 years of experience defending clients against drunk driving charges. Call 609-389-9470 to speak with one of our criminal defense attorneys. Call for a free consultations.