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N.J. Supreme Court passes ruling stating that DWI suspects don’t have right to jury

TRENTON – According to the New Jersey Supreme Court ruling, DWI suspects don’t have the right to a jury trial.

Although a drunken driving charge in the state of New Jersey is not considered a criminal offense, anyone accused of a DWI will have to face jail time and steep fines for any repeat offenses. The ruling was passed Thursday in a 5-1 decision which stated that punishments for repeat offenders aren’t serious enough to trigger a jury trial.

At the same time, courts warned lawmakers that penalties for DWI offenses have reached the “outer limit” of punishments for a non criminal offense.

The Supreme Court ruling was based on the case of James Denelsbeck who demanded a jury trial after he was accused of DWI. However, a municipal judge denied the request and Denelsbeck was convicted of DWI.

According to Denelsbeck’s attorney, he will appeal to the U.S. Supreme Court as he is very disappointed.

News Source: www.pressofatlanticcity.com



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Kevin Leckerman exclusively practices DWI defense law. Kevin has extensive training and certification in DWI breath testing, blood testing, and field sobriety testing. Contact us now to talk about how your case can be won.