2053 Woodbridge Ave. Edison, NJ 08817

Ken is a NJ trial attorney who has published 130 articles in national and New Jersey publications on litigation topics. He has been selected to write the new ABA book: DUI and Drug Possession Defense".

Monday, December 09, 2019

A DWI in NJ is a traffic ticket under NJSA 39:4-50, not a criminal charge

A DWI in NJ is a traffic ticket under NJSA 39:4-50, not a criminal charge. New Jersey law states that a DWI is a traffic offense not an indictable crime (felony) or disorderly persons offense (misdemeanor). If a motorist is convicted, then the conviction appears on their driving record.
DWI charges are regulated the Motor Vehicle Code Title 39 which sets all of the statutes that regulate all New Jersey traffic offenses. Title 39 includes parking tickets.
There are no jury trials for NJ  DWI cases, but instead they are heard and decided by a town Municipal court judge. 
The NJ Courts ruled a DWI cannot be expunged/ erased because it is not a criminal charge but a traffic ticket.