The New Jersey Police Chief Magazine | May 2025
Major Cases & Laws Criminal & Municipal Court 2024
Compiled by Kenneth Vercammen Esq. Past Municipal Prosecutor
NJ DWI Law penalties 2024 & 2025
1. New Rules for Pre-Court Installation of Interlock Device of persons pending a DWI 2. Supreme Court DWI plea bargain are allowed per new DWI statute effective February 23, 2024 3. DRE in DWI cases requires a 12 step process State v. Olenowski 4. Officer could not walk onto driveway to look into hole in porch State v Ingram 5. Suppression where dispatcher just assumed robber was black State v Scott 6. Interlock issues post plea are to be resolved by court, not MVC State v. Coviello 7. Statement to Rutgers Police suppressed where Miranda not correctly given State v. Bullock 8. Stay on trials and Hearings on reliability of new DWI Alcotest 9510 Machine 9510 State v. Cunningham 9. Exigent-circumstances exception to the warrant requirement does not justify the officer’ s search a black bag State v.
Anthony Miranda 10. Delayed warrantless searches of a person permitted where assault suspect removing substance from fingers State v. Torres 11. Police dog sniff rejected here State v. Smart 12. Detention of driver after initial stop on MDT unconstitutionally prolonged State v Williams 13. Police properly administered Miranda warning State v. Erazo 14. Engine compartment of car could not be searched without warrant State v Cohen 15. Court should hold evidentiary hearing on Sup mt where bodycam deleted State v Jones 16. Unsolicited hospital statement by drunk driver admissible at trial State v. Tiwana 17. Trial court should have carefully watched video where police did not wait before search State v Nieves 18. Smelling pot after valid stop permitted search pre change in law State v Baker 19. Limiting pull over for Tinted window given pipeline retroactivity State v Haskins 20. Police could do short inventory search at the scene of impounded DWI car State v Courtney 21. For prior DWI between 2008-2016, Prosecutor must provide discovery indicating whether the defendant is a Dennis-affected defendant State v. Zingis 251 N. J. 502( 2024) 22. Police could not follow suspected drunk driver into garage State v Mellody 479 N. J. Super. 90( App Div 2024) 23. Disorderly person defendants not excluded from Recovery / Drug court State v Matrongolo 479 N. J. Super. 8( App. Div 2024) 24. 24 Lane change vio here did not permit drug dog sniff State v Boone 479 N. J. Super. 193( App. Div. 2024) 25. 25 Defendant with consecutive driver ' s license suspensions for various offenses, including DWI, violated criminal DWS
2C: 40-26( b) State v Italian
New DWI Law for 2025 On April 3, 2025 the Governor signed an amendment to the New Jersey drunk driving statute. This amendment has the clear capacity to fundamentally change how NJ DWI cases will be defended, prosecuted and sentenced far into the future. Depending upon how the statute is construed by the Appellate Division, it could mean that no offender convicted of driving while under the influence of alcohol need ever lose his driver ' s license!
Especially impacted will be driver’ s license suspension terms and the alternative of interlock device in lieu of a suspension.
Read Directive # 04-24 Glenn A. Grant, J. A.~ Municipal- DWI- New Law Regarding Ignition Interlock Device( L. 2023, c. 191)- Rescinds and Supersedes Directive # 25-19
This Directive highlights a recent law( L. 2023, c. 191) regarding the ignition interlock device( interlock) that affects defendants charged with some violations of New Jersey ' s driving while intoxicated( DWI) law. An interlock requires a driver to pass a breath alcohol content test( by blowing into the device) before they can start their vehicle.
• The enactment extended the expiration date of the interlock law( L. 2019, c. 248) until January 1, 2029.
�� Effective February 19, 2024, the law provides that someone arrested for certain DWI offenses may- after arrest and before any conviction- voluntarily install an interlock in one motor vehicle they own, lease, or principally operate. N. J. S. A. 39:4-50.
This voluntary installation of the interlock after arrest and before conviction may, upon conviction, eliminate the fine and reduce the period of a driver ' s license suspension. The law requires that such a defendant must possess a valid New Jersey driver ' s license in good standing at the time of the offense and maintain that license in good standing until the date of conviction. The law also considers whether the violation resulted in serious bodily injury to another person.
The New Jersey Motor Vehicle Commission is required by N. J. S. A. 39:4-50.21 to designate facilities where ignition devices may be installed. A list is posted on MVC ' s website.
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