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Court Warns Against Stay of License Suspension for NJ DWI

Posted by Carmine R. Villani | Nov 22, 2014 | 0 Comments

A person who has been convicted of NJ DWI may be allowed to keep their driver's license pending an appeal. However, municipal courts were recently warned that judges should not allow defendants to keep their licenses without good reason.
“Although we affirm defendant's conviction, we express our concern that both the municipal court and the Law Division stayed defendant's license suspension pending appeal in this matter without providing any statement of reasons,” Appellate Division Judge Mitchel Ostrer said Nov. 14 in State v. Robertson, a precedential ruling.
Ostrer said that judgments are intended to be swift and that a defendant could potentially repeat the offense while awaiting his or her appeal. Even a first time offender, in the opinion of Ostrer, should not necessarily be granted a stay of license suspension.
This recommended change to NJ DWI can have a major impact on trials in the near and long-term future. If you are currently awaiting trial for a DWI or DUI, you should have a NJ DWI lawyer who has the experience to keep up with these changes. You can't afford to present a legal defense that does not adapt to the way in which a DWI in New Jersey is now handled.
Villani & DeLuca, P.C. specializes in protecting the rights of defendants being prosecuted for DWI, DUI and refusal charges. Our attorneys work hard to get your charges diminished or dropped.
A stay of driver's license suspension pending an appeal is an important issue. If the suspension of your driver's license is upheld while you await an appeal, it can be detrimental to your life. A suspension of your driver's license can be long-term and may affect your ability to stay employed. Many residents of New Jersey rely heavily on commuting by car.
Make sure you do everything you can to avoid penalties and keep you driver's license, by hiring an attorney from Villani & DeLuca to help you fight any charges for a DWI in New Jersey. Contact one of our lawyers today or call us at (732) 709-7757 for a free consultation.

About the Author

Carmine R. Villani

Founding partner, Carmine Villani, Esq. is a former municipal prosecutor with over three decades of experience in Criminal and DWI Defense.


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