In 2018, the New Jersey Supreme Court decided one of the most consequential DWI cases in state history: State v. Eileen Cassidy, 235 N.J. 482 (2018). The unanimous decision threw out more than 20,000 DWI convictions based on breath tests from improperly calibrated Alcotest machines. What happened New Jersey has used the Alcotest breath-test machine since 2000. In State v.…

New Jersey DUI and criminal defense attorney Anthony J. Vecchio was recently interviewed by the New York Post regarding the disputed blood-alcohol evidence in the criminal case arising from the deaths of NHL star Johnny Gaudreau and his brother, Matthew Gaudreau. The May 3, 2026, article examined a disagreement over how the defendant’s blood sample was tested and whether the…

Many people believe that police cannot stop a vehicle unless they personally observe the driver commit a traffic violation. While that is often true, it is not always the case under New Jersey DUI law. In certain circumstances, a reliable 911 or citizen report may provide police with the reasonable suspicion necessary to conduct an investigative motor vehicle stop—even if…

If you have a prior DUI conviction on your record, you may wonder whether that fact alone gives a New Jersey police officer the right to pull you over, detain you, and require you to perform Standardized Field Sobriety Tests (SFSTs) during a routine traffic stop. It is a question that comes up regularly in New Jersey DUI defense —…

NJ DUI Case Law — State v. Thompson (2020) and the Meaning of “Operation” New Jersey DUI law does not require proof that a vehicle was actually driven. Instead, N.J.S.A. 39:4-50(a) prohibits the operation of a motor vehicle while under the influence. One of the leading published decisions addressing this distinction is State v. Thompson, decided by the New Jersey…

Case: State v. Mulligan, 2025 N.J. Super. Unpub. LEXIS 2789 (App. Div. Dec. 31, 2025)Court: Superior Court of New Jersey, Appellate DivisionDocket: A-0427-23Note: Unpublished opinion (R. 1:36-3) Key Takeaway The Appellate Division reaffirmed that a DWI conviction may be sustained based on the totality of the circumstances demonstrating “operation” under N.J.S.A. 39:4-50—even where a defendant claims post-operation drinking and the…

State v. Locurto (1999): Credibility, Traffic Stops, and DUI Appeals in New Jersey Case Law Analysis Although decided in 1999, State v. Locurto, 157 N.J. 463, remains one of the most important New Jersey Supreme Court decisions governing DUI cases, traffic stops, and municipal court appeals. The case continues to shape how courts evaluate police credibility, reasonable suspicion, and appellate…

State v. Bealor: The Seminal NJ Drug DWI Proof Case (2006) If you handle DWI cases in New Jersey, State v. Bealor is one of the most important decisions to understand—especially for drug-related DWI allegations under N.J.S.A. 39:4-50. In plain terms, Bealor explains how the State can prove drug impairment, what kind of evidence is (and isn’t) enough, and why…

State v. Konecny (2022): NJ Supreme Court Clarifies Laurick Relief and DUI Predicate Convictions Case: State v. Konecny, 250 N.J. 321 (2022)Court: Supreme Court of New JerseyTopic: DUI predicates, Laurick relief, driving while suspended (DWS), right to counsel Key Holding In State v. Konecny, the New Jersey Supreme Court clarified when prior DWI or refusal convictions may — and may…

State v. Coviello (2023): NJ Supreme Court Clarifies Ignition Interlock Authority in DUI Cases Case: State v. Coviello, 252 N.J. 539 (2023)Court: Supreme Court of New JerseyTopic: DUI sentencing, ignition interlock devices (IID), court vs. MVC authority Key Holding In State v. Coviello, the New Jersey Supreme Court held that the sentencing court—not the Motor Vehicle Commission (MVC)—has jurisdiction over…