DWI conviction reversed

DWI CONVICTION ENTERED IN FACE OF REASONABLE DOUBT IS REVERSED

N.J. Law Journal reports:

An Essex County judge who shifted the burden of proof to the defendant in a drunken-driving case and convicted her despite finding reasonable doubt was reversed Thursday in State v. Driscoll, A-5842-08. After hearing testimony from Patricia Driscoll’s treating neurologist ā€” who said her erratic driving on the night of her arrest was the result of Lyme disease, fatigue and a condition called presyncope, which causes dizziness, disorientation, loss of balance and mild cognitive dysfunction ā€” Superior Court Judge Robert Gardner held “the defendant cannot sustain the burden of proving beyond a reasonable doubt the defense offered.” The Appellate Division rejected the state’s request for a limited remand on the theory that Gardner merely spoke imprecisely. “If we remand to the fact-finder for clarification, we would be inviting the court to make a finding inconsistent with its stated finding of reasonable doubt,” the court said.

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About Lawrence "Larry" Berezin

I retired from the private practice of law after a 35-year legal career and fight parking tickets for people like you and me. I love sharing valuable information and beating NYC parking tickets for the driving community

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