Currently, if you are charged with driving while intoxicated in New Jersey, this is considered a motor vehicle violation, as opposed to a criminal offense, and will be adjudicated as the local municipal court. Although current law does not entitle a defendant charged with DWI to have a trial by jury, we may soon see a change in this procedure. In a significant case to be heard by the New Jersey Supreme Court, a man facing charges for a fourth DWI offense is demanding a jury trial, and the Court’s ruling regarding this matter may spell significant implications for future DWI offenders.
The NJ Supreme Court will soon hear the case of James Denelsbeck, who filed an appeal with the State Supreme Court after his previous appeals to the Municipal Court, the Superior Court, and the Appellate Division were rejected. Having been charged with his fourth DWI offense in Ventnor, New Jersey, on October 5, 2011, he will be sentenced to a minimum of 180 days in jail if he is ultimately found guilty. Although the municipal prosecutor assigned to his case has indicated that he will not seek additional jail time, Denelsbeck is requesting a trial by jury based on the assertion that his aggregate term could exceed 180 days.
New Jersey continues to abide by a precedent established in the U.S. Supreme Court case of Duncan v. Louisiana. This ruling, which was issued in 1968, entitles defendants facing six or more months in jail to jury trials. The crux of Denelsbeck’s argument is that his potential sentence could exceed this 180-day time period, meaning that he is legally entitled to a trial by jury.
If the NJ Supreme Court agrees with the aforementioned argument, we may see a change in State law which allows for jury trials in cases involving third or subsequent DWI offenses. This issue has been addressed in the past; for example, it was rejected in the 1990 case of State v. Hamm, and many of those who oppose jury trials in DWI cases point to the increased financial burden that this will place on the State.
There is also legislation currently awaiting a determination from Governor Chris Christie that would alter DWI law in New Jersey, and further, the procedure involved in some of these cases. Specifically, Bill A1368 would enhance penalties associated with third or subsequent DWI convictions to include 60 hours of community service following a 180-day jail sentence. Considering this extended term, one could argue that defendants charged with these violations are entitled to jury trials under the Duncan precedent. With these pending alterations to DWI case law, defendants accused of these offenses in the coming years may see significantly different procedures and sentencing in the adjudication of these cases.
This article was formulated with information provided by the New Jersey Law Journal’s: NJ Justices to Consider Jury Trials for Repeat DWI Offenders