The New Jersey Police Chief Magazine | September 2020
How Are Your Agencies DWI Conviction Statistics … And How Can We Help Improve Them ?
Chief Christopher Wagner ( Ret .) NJSACOP Director of Public Affairs , Law Enforcement Liaison to NJ Division of Highway Traffic Safety
Over the past 10 years , New Jersey has seen a 30 % decrease in arrests for Driving While Intoxicated . Although that number could be a result of a decrease in the occurrences of DWI due to enforcement , it could also be a result of any number of factors . What is more concerning about NJ ’ s DWI arrest statistics is that , despite a 30 % reduction in arrests , we have seen a 25 % INCREASE in dismissals in court over the same 10-year period . What is causing that spike in numbers ? At the NJ Division of Highway Traffic Safety ( NJDHTS ), we want to know , but need your help . As the Chiefs of Police , we figured you might want to look at your agencies statistics to see if there is any cause for concern or potential remedy too .
When we began to investigate these statistics earlier this year , we learned that some DWI cases are dismissed because the defendant died before appearing in court . Some were dismissed because the defendant utilized a false identification and the true identity of the defendant couldn ’ t be determined . Many cases , we learned , were dismissed because of a “ Lack of Prosecution ”. What exactly does that mean ? Did the court take too long to bring the case to trial , was there a discovery issue , did an officer fail to appear in court when subpoenaed ? If you have not ever taken a look at your DWI court stats , you wouldn ’ t know about these dismissals . But now that you look , you might be surprised or concerned and want to make some corrective action . A concern over a dismissal may cause you to have a conversation with your records personnel , prosecutor , and judge about timely prosecutions , or with that officer who “ forgot ” about his subpoena . When you examine the reasons for dismissals , you will likely also find cases where the defendant was found “ Not Guilty ”. Maybe we all should be taking a closer look at why that happened and if it was preventable ? Did the police officer not write a comprehensive report , was his / her Field Sobriety Tests not demonstrated properly , could the officer have done a better job utilizing their in-car or body worn camera to record the drivers actions and behaviors , was the Alcotest Instrument not operated properly ? These are the reasons and concerns that the NJDHTS would like to know about to see where we might be of assistance .
The NJDHTS has recently begun to closely examine crash data to be more strategic with the disbursement of funds for a specific issue . We are looking at serious injury and fatal crash statistics to determine where its best to provide funding for programs relating to enforcement of distracted driving , occupant protection and DWI . Where the division is seeing the highest incidents of injuries and fatalities , police agencies are more likely than ever before to receive grant funding to address the traffic safety issues .
In the matter of the reduction of DWI arrests and the increase in DWI Dismissals , the NJDHTS can direct funding to training and programs to combat these problems . We can continue offering classes for SFST and ARIDE to officers as well as refresher classes where needed . Over the past few years , the NJSP has doubled and tripled the offerings of these classes . If officers would benefit from a Report Writing and Courtroom Testimony Course to more effectively tell the story of their observations from the roadside , NJDHTS can work on development of a course with our training partners .
If you are interested in taking a closer look at your agencies DWI Statistics in court , they can be accessed through the NJ Administrative Office of the Courts Automated Traffic System ( ATS ). All you need to do is have anyone with ATS log-on permission search 39:4-50 and then utilize the following disposition codes :
1 – Guilty 2 – Not Guilty 3 – Dismissed – Other 4 – Guilty but Merged 5 – Dismissed – Rule 6 – Dismissed – Lack of Prosecution 7 – Dismissed – Prosecutor ’ s Motion / Request of Victim 8 – Dismissed – Conditional Discharge 9 – No Bill D – Dismissed – Prosecutorial Discretion P – Dismissed – Plea Agreement S – Disposed of at Superior Court ( contact them for disposition ) F – Disposed of at Family Court ( contact them for disposition ) M – Disposed through Mediation W – Dismissed – False ID
With the seemingly eventual legalization of marijuana for recreational use in NJ , we are going to see increases in incidents of Driving Under the Influence of Marijuana , so it ’ s important to examine our current court dispositions and address any red flags before we become inundated with new cases that may be more difficult to successfully prosecute .
Crash statistics tell one story to help us decide where to disburse funds . The statistics relating to the decrease in DWI arrests and increase in dismissals in courts can tell us another . We would like to know some of the reasons if your specific agency has seen these increases and decreases . You can contact me via email at cwagner @ njsacop . org with any questions , comments and concerns you might have after examining your agencies court dispositions of DWI Offenses .
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