[{"@context":"https:\/\/schema.org\/","@type":"Article","@id":"https:\/\/staging-dmlawyer2.wordkeeper.net\/new-jersey-supreme-court-decision-makes-it-easier-to-challenge-dwi-convictions\/#Article","mainEntityOfPage":"https:\/\/staging-dmlawyer2.wordkeeper.net\/new-jersey-supreme-court-decision-makes-it-easier-to-challenge-dwi-convictions\/","headline":"New Jersey Supreme Court Decision Makes It Easier To Challenge DWI Convictions","name":"New Jersey Supreme Court Decision Makes It Easier To Challenge DWI Convictions","description":"Any person who has previously been convicted of\u00a0driving while intoxicated\u00a0(DWI) in New Jersey and is facing a second or third offense may be able to challenge previous guilty pleas for sentencing purposes. This comes following a ruling in the New Jersey Supreme Court case\u00a0State v. Thomas Zingis. In particular, the court held that people are… Continue reading New Jersey Supreme Court Decision Makes It Easier To Challenge DWI Convictions<\/span><\/a>","datePublished":"2024-12-09","dateModified":"2024-12-24","author":{"@type":"Person","@id":"https:\/\/staging-dmlawyer2.wordkeeper.net\/author\/dmlawyer\/#Person","name":"Dan T. Matrafajlo","url":"https:\/\/staging-dmlawyer2.wordkeeper.net\/author\/dmlawyer\/","identifier":1,"image":{"@type":"ImageObject","@id":"https:\/\/secure.gravatar.com\/avatar\/4cd7921c278b5fce01aa11ff8757760e046d90270e00964f697cbd173dee30a0?s=96&d=mm&r=g","url":"https:\/\/secure.gravatar.com\/avatar\/4cd7921c278b5fce01aa11ff8757760e046d90270e00964f697cbd173dee30a0?s=96&d=mm&r=g","height":96,"width":96}},"publisher":{"@type":"Organization","name":"Beninato & Matrafajlo Attorneys Law LLC.","logo":{"@type":"ImageObject","@id":"https:\/\/staging-dmlawyer2.wordkeeper.net\/wp-content\/uploads\/2021\/04\/logo.png","url":"https:\/\/staging-dmlawyer2.wordkeeper.net\/wp-content\/uploads\/2021\/04\/logo.png","width":366,"height":74}},"image":{"@type":"ImageObject","@id":"https:\/\/staging-dmlawyer2.wordkeeper.net\/wp-content\/uploads\/2016\/04\/dwi-1.jpg","url":"https:\/\/staging-dmlawyer2.wordkeeper.net\/wp-content\/uploads\/2016\/04\/dwi-1.jpg","height":588,"width":882},"url":"https:\/\/staging-dmlawyer2.wordkeeper.net\/new-jersey-supreme-court-decision-makes-it-easier-to-challenge-dwi-convictions\/","about":["DWI"],"wordCount":831,"articleBody":"Any person who has previously been convicted of\u00a0driving while intoxicated\u00a0(DWI) in New Jersey and is facing a second or third offense may be able to challenge previous guilty pleas for sentencing purposes. This comes following a ruling in the New Jersey Supreme Court case\u00a0State v. Thomas Zingis. In particular, the court held that people are able to challenge guilty pleas that may have been based on faulty evidence from breathalyzer tests.Making Sense of the State v. Thomas Zingis DecisionIn order to understand the decision in State v. Thomas Zingis, it is important to look at the New Jersey Supreme Court case State v. Cassidy. In that ruling, the New Jersey Supreme Court held that Alcotest breath samples taken between 2008 and 2016 could not be relied upon. In particular, State Police coordinator Marc Dennis failed to properly calibrate Alcotest breathalyzer machines. Due to those improper calibrations, numerous people were convicted of DWI. Accordingly, the justices in the State v. Thomas Zingis case have made some important clarifications.Any person that was convicted of DWI based on those faulty tests is now able to challenge the validity of their conviction for sentencing purposes in a new DWI case.The state has a burden to show that a prior DWI conviction during that period did not rely on any faulty results from an Alcotest breathalyzer machine.Challenging a DWI conviction for sentencing purposes can have a major impact on a person’s current DWI case. Any prior DWI offense can lead to substantially harsher penalties in the event that a person is convicted of a second or third offense. For example, a second offense can result in a person having their license suspended for up to two years. Offenders may also face up to 90 days in jail. A third DWI offense can result in a person having their license suspended for a decade and spending up to 6 months in jail.How You Can Determine If Your DWI Case May Be ImpactedThere are two basic criteria that can help a person determine if their current DWI case may be impacted by the State v. Thomas Zingis ruling. First, the prior conviction must have occurred between 2008 and 2016. Second, the conviction must have involved a breath sample taken by an Alcotest machine. Provided that this is the case, two things will follow.You may be able to challenge your previous DWI conviction.The state of New Jersey is required to produce evidence in order to determine if a conviction was based on a faulty test. This can be achieved by accessing the Dennis Calibration Repository.It doesn\u2019t matter if you plead guilty in that prior DWI case. You still have the legal right to contest your conviction in order to avoid harsher penalties in your current case.Steps To Take If You\u2019re Facing Another DWI OffenseDon’t wait to take action if you\u2019re facing a second or even third DWI offense. There are several steps that you can take in order to protect your rights.Contact an Experienced DWI Attorney: An attorney can evaluate all of the unique facts of your case to tailor representation that is best suited to your particular needs. Our legal team is well versed in the evolving landscape with respect to DWI cases and statutes in New Jersey.Review Your Prior Convictions: If you\u2019ve had prior DWI convictions, it is absolutely worth looking into the possibility that they are tainted by faulty evidence.Fight for Fair Sentencing: Every person charged with a criminal offense deserves fair treatment under the law. Our lawyers can challenge your past convictions so that you are able to receive a fair sentence in your current case.Being unfairly convicted of a second or third DWI offense can have major implications for your freedom and overall well-being. Achieving a desirable outcome in these cases often comes down to having a skilled attorney who is willing to fight aggressively to defend your rights. Getting Legal Help After Being Charged With DWIThe State v. Thomas Zingis decision helps ensure that no one is unfairly penalized by faulty evidence from Alcotest breath samples. If you or someone that you love has prior DWI convictions and is facing a current DWI charge, you may have a legal path to challenge those previous guilty pleas.Are you facing a second or third DWI charge and unsure where to begin? There is help available. The New Jersey DWI attorneys at\u00a0Beninato & Matrafajlo\u00a0are here to serve your needs. We have decades of experience helping people charged with DWI and other related driving offenses. Our goal is always to get you the best outcome possible. This may include having your sentence\u00a0reduced, getting a favorable plea deal, or having your charges\u00a0dismissed\u00a0altogether. Whether you just have legal questions or are thinking about hiring an attorney, we are here for you. You can reach out to us anytime at 908-248-4404."},{"@context":"https:\/\/schema.org\/","@type":"BreadcrumbList","itemListElement":[{"@type":"ListItem","position":1,"name":"New Jersey Supreme Court Decision Makes It Easier To Challenge DWI Convictions","item":"https:\/\/staging-dmlawyer2.wordkeeper.net\/new-jersey-supreme-court-decision-makes-it-easier-to-challenge-dwi-convictions\/#breadcrumbitem"}]}]