- posted: Oct. 11, 2025
There are many potential defenses to a charge of Driving While Intoxicated, even if your test result indicates a level of alcohol above the legal limit. A police stop might have lacked the proper legal grounds or a sample that you provided could have been mishandled. On the other hand, certain defenses that are available in other types of prosecutions are not available if you are accused of driving under the influence.
In State v. Baverov, the defendant appealed a DWI conviction. Given that it was his fifth time being found guilty of drunk driving, he was sentenced to 180 days in jail and additional penalties. His appeal alleged that he received ineffective assistance of counsel because his defense lawyer at trial failed to argue that he should be found not guilty due to insanity. Specifically, Baverov claimed that he suffered form “persecutory paranoia” and memory loss unrelated to alcohol use.
When he was arrested, Baverov had crashed his car into a tree and admitted to the reporting police office that he had consumed “five or six” beers that night. Subsequently, he said that he could not remember the incident due to his mental problems. When Baverov urged his trial lawyer to enter the insanity plea, the attorney noted his client’s preference to the court but indicated he would not raise the issue because he believed the law was clear that insanity was not valid defense in a drunk driving case.
The Appellate Division agreed with Baverov’s trial lawyer, rejecting the ineffective assistance of counsel claim and upholding the conviction. Relying on State v. Inglis, the panel noted that there are two reasons why an insanity defense is not permitted in a DWI prosecution. First, the legislative intent behind the applicable law was to discourage defenses likely to be pretextual. Second, DWI is an absolute liability offense, meaning that the circumstances that led someone to consume alcohol or drugs are irrelevant.
Even in situations where a person might not be personally responsible for their impairment, getting behind the wheel is unlawful if they cannot operate their vehicle safely. One example is a case where a driver was convicted after involuntarily being exposed to chemical fumes at his workplace.
If you’ve been accused of driving while intoxicated, you should immediately speak with a qualified attorney who can evaluate the facts and pinpoint the specific defenses that are most likely to prevail.
The Law Offices of Eric B. Morrell in New Brunswick advocates on behalf of New Jersey clients in DWI cases and other criminal defense matters. For a free consultation, please call 908-768-3837 or contact me online.
- posted: Oct. 11, 2025
There are many potential defenses to a charge of Driving While Intoxicated, even if your test result indicates a level of alcohol above the legal limit. A police stop might have lacked the proper legal grounds or a sample that you provided could have been mishandled. On the other hand, certain defenses that are available in other types of prosecutions are not available if you are accused of driving under the influence.
In State v. Baverov, the defendant appealed a DWI conviction. Given that it was his fifth time being found guilty of drunk driving, he was sentenced to 180 days in jail and additional penalties. His appeal alleged that he received ineffective assistance of counsel because his defense lawyer at trial failed to argue that he should be found not guilty due to insanity. Specifically, Baverov claimed that he suffered form “persecutory paranoia” and memory loss unrelated to alcohol use.
When he was arrested, Baverov had crashed his car into a tree and admitted to the reporting police office that he had consumed “five or six” beers that night. Subsequently, he said that he could not remember the incident due to his mental problems. When Baverov urged his trial lawyer to enter the insanity plea, the attorney noted his client’s preference to the court but indicated he would not raise the issue because he believed the law was clear that insanity was not valid defense in a drunk driving case.
The Appellate Division agreed with Baverov’s trial lawyer, rejecting the ineffective assistance of counsel claim and upholding the conviction. Relying on State v. Inglis, the panel noted that there are two reasons why an insanity defense is not permitted in a DWI prosecution. First, the legislative intent behind the applicable law was to discourage defenses likely to be pretextual. Second, DWI is an absolute liability offense, meaning that the circumstances that led someone to consume alcohol or drugs are irrelevant.
Even in situations where a person might not be personally responsible for their impairment, getting behind the wheel is unlawful if they cannot operate their vehicle safely. One example is a case where a driver was convicted after involuntarily being exposed to chemical fumes at his workplace.
If you’ve been accused of driving while intoxicated, you should immediately speak with a qualified attorney who can evaluate the facts and pinpoint the specific defenses that are most likely to prevail.
The Law Offices of Eric B. Morrell in New Brunswick advocates on behalf of New Jersey clients in DWI cases and other criminal defense matters. For a free consultation, please call 908-768-3837 or contact me online.
