Name    : 
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Subject : 

Comments:
: 1.  New Jersey prohibits a driver from operating a motor vehicle with a blood alcohol concentration of at least: 

: A. .05%
: B. .06%
: C. .04%
: D. .08%  

: ANSWER: D- The “per se” limit is .08% - lowered on January 20, 2004. For commercial drivers, the limit is .04%. 

: 2. If convicted of DWI in New Jersey, the Court must do what regarding the license of the Defendant. 

: A. Suspend the license for a prescribed period of time. 
: B. Suspend the license, but can give permission to drive to and from work. 
: C. Suspend the license, but can grant permission to drive from dawn to dusk. 
: D. It is within the Court’s discretion to take the license for whatever period is deemed equitable – it depends on the Defendant’s circumstances. 

: ANSWER: A. The Court must suspend the license for the prescribed statutory period – there are no exceptions and no conditional licenses.   

: 3. A Conviction for DWI in New Jersey is a: 

: A. A Disorderly Person’s Offense (Misdemeanor) 
: B. A “Low Grade” Felony 
: C. A Motor Vehicle Violation 
: D. A Violation of the Particular Towns’ Ordinance  

: ANSWER: C. A DWI conviction is classified as a motor vehicle violation. 

: 4. A DWI charge can be successfully defended by: 

: A. Plea bargaining the charge down to a lower violation 
: B. By creative and zealous defense by a DWI defense lawyer 
: C. It is impossible to defend 
: D. Hiring someone who plays golf with the Judge or Prosceutor   

: ANSWER: B. The New Jersey DWI charge cannot be plea-bargained. There is a strict law against plea-bargaining. The only way to successfully defend against the charge is with effective defense advocacy. 

: 5. If a police officer wants to take breath samples, a motorist under arrest for DWI: 

: A. Has a right to refuse. 
: B. Is legally obligated to give samples. 
: C. Has a right to speak with a lawyer first. 
: D. Has a right to remain silent.  

: ANSWER: B. Refusing to give breath samples is a separate chargeable offense in New Jersey. 

: 6. If a person permits another person to drive a motor vehicle owned by him or in his custody or control while intoxicated: 

: A. Nothing will happen – it is not illegal to allow someone else to operate intoxicated. 
: B. He will be subject to the same penalties as if he were operating. 
: C. He will be subject to the same penalties as if he were operating if the State can prove that he knew or reasonably should have known that the operator was intoxicated. 
: D. The police must issue the motorist a warning that will go on the person’s permanent driving  file. 

: ANSWER: C. 

: 7. If the breath (or blood) readings come in under the legal limit, or the readings are not admissible at trial: 

: A. The Defendant cannot be convicted of DWI – he will be found not guilty. 
: B. The Court must suspend the proceedings. 
: C. The Defendant can still be convicted of DWI if the State can prove that his physical or mental abilities were adversely effected by the alcohol even absent the readings. 
: D. The Court will likely find the Defendant guilty of a lesser charge.  

: ANSWER: C. There are two prongs to New Jersey DWI Law; the Per Se prong (based on the breath reading), and the observation prong (“under the influence). A Defendant can be convicted under either prong. 

: 8. If a Defendant’s “Miranda Rights” were not read by the Police: 

: A. Any statements made by the Defendant can be suppressed (excluded). 
: B. The DWI charge cannot legally be sustained, but other motor vehicle charges can stick. 
: C. The charges must be dismissed because the police violated the Defendant’s Constitutional rights.  
: D. The charges will be dismissed if the Defendant can show that he was unduly prejudiced.  

: ANSWER: A. It is commonly misperceived that failing to “Mirandize” a suspect (right to remain silent, etc.) will result in a dismissal on a technicality. 

: 9. A Prosecutor who believes his case it too weak to sustain a conviction should: 

: A. Prosecute the case – he has to do his job to do just like the defense lawyer has his job to do. 
: B. Refuse to prosecute it by making an application to the Court to dismiss it or amend the charge to one that conforms to the evidence. 
: C. Ask the Judge what he should do. 
: D. Do whatever the cops tell him to do. 

: ANSWER: B. A Prosecutor holds a special role in the system – he is not an ordinary advocate. He has an ethical obligation to seek justice. If he believes that the evidence is insufficient to convict, he has a duty not to prosecute the case. 

: 10. A defense lawyer who knows his client is guilty should: 

: A. Tell him to plead guilty – how can he possibly defend someone who he knows is guilty? 
: B. Tell the client that he is unable to represent him – he should get another lawyer. 
: C. Represent him within the bounds of ethics and the law. 
: D. Tell him that the only way he could win the case is if he took the stand and denied the charge. 

: ANSWER: C. A defense lawyer is duty-bound to represent a client, even if he knows he is guilty, within the very bounds of ethics and the law. 

: 11. DWI is an acronym for: 

: A. Driving With Intoxicating Liquor 
: B. Driving With Intoxicating Levels 
: C. Driving When Inebriated
: D. Driving While Intoxicated   

: ANSWER: D 

: 12. If a person is convicted of a DWI in New Jersey and has his license suspended:  

: A. He can drive in New Jersey if he holds a valid license in another state. 
: B. He faces a mandatory jail term of at least 10 days (to 90) and additional license loss of 1 to 2 years if he is caught driving and convicted. 
: C. He faces a stiff fine and possible incarceration if he is driving while under the suspension. 
: D. He can drive as long as he is not legally drunk while he driving.   

: ANSWER: B 

: 13. In choosing a lawyer to defend a person charged with DWI: 

: A. The lawyer with the best Yellow-Pages Ad is a good bet. 
: B. A committed and passionate lawyer whose practice is focused on defending DWI charges will afford the best possible defense. 
: C. The Lawyer who handled the Real Estate Closing should be able to handle the case – it is only a Municipal Court charge. 
: D. It is hopeless – the cases cannot be won anyway.  

: ANSWER: B.   


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