From Wild West Courts To Body Cameras: The Transformation of New Jersey DWI Enforcement

Experience Over The Years, From The Wild West To Structure and Oversight

I’ve been practicing DWI defense in New Jersey since 1998. Over the years, the New Jersey DWI court process has evolved dramatically, especially in municipal courts. The rules and oversight have become far more structured and consistent than they once were.

Back in the 1990s and early 2000s, municipal courts in New Jersey had a lot more autonomy. Judges operated with very little oversight from the administrative courts. It wasn’t uncommon at all for people to refer to the system as the Wild West. Even though I wasn’t practicing in the 1980s, stories from that time describe things as being even more fast-and-loose.

It’s unimaginable today with things being so different. There’s far more oversight, and judges are more attuned to the law. Yet, at the same time, municipal court judges in New Jersey are part-time and appointed for three-year terms. 

They don’t necessarily have experience in criminal, traffic, or domestic violence law, some of the core issues handled in these courts. Many come from civil law backgrounds, and that lack of direct experience can have real consequences for you if you’re a defendant.

Uniformity And Predictability

One positive change I’ve seen is increased consistency across the state. I split my practice between New Jersey and Pennsylvania in the past and have found New Jersey to be considerably more predictable and uniform. 

While each court still operates with some variation, depending to some degree on the judge or the court administrator, of course, the general approach is more consistent than in Pennsylvania. 

This uniformity brings a level of comfort and ease. Whether I’m working in the northern part of the state or down south, I know what to expect, and that helps me serve my clients better.

Changes Within Law Enforcement And The Impact Of Body-Worn Cameras

One of the most significant shifts in recent years has been the introduction of body-worn cameras (BWCs) for police officers. New Jersey law now mandates law enforcement officers use them during investigations. This has changed the nature of DWI defense profoundly.

BWCs must be activated at the initiation of an investigation and remain on until very specific conditions are met. For example, in a DWI stop, the camera must stay on through the entire arrest process, including the breath test. Even if you refuse to submit to a test, the camera must remain recording up to and including the refusal itself.

Kevin Leckerman, founding attorney of Leckerman Law, LLC, has been defending clients against DWI charges in New Jersey and Pennsylvania since 1998. With over two decades of courtroom experience, Kevin has witnessed firsthand the evolution of DWI enforcement, evolving from loosely regulated municipal courts to today’s highly regulated system shaped by technology and oversight. His in-depth knowledge and history of successful outcomes have helped countless people navigate the complex criminal justice system.

If you’re facing a DWI charge, don’t go it alone. Contact Leckerman Law for the knowledgeable defense you deserve.

This is a huge benefit to both sides. It helps document inappropriate conduct, whether by police officers, witnesses, or the accused. Of course, cameras aren’t foolproof. 

Sometimes, officers fail to activate them promptly, or they might turn them off prematurely. And even when used properly, there may be issues with poor angles or inaudible audio. But overall, body-worn cameras have brought far greater transparency and, by extension, accountability.

Footage captured during a DWI stop can be absolutely critical, going far to further build out an already solid case or completely turning things around and giving life to what seemed to be a dead-end defense with a visual context that static evidence could never fully convey. It also documents whether procedures were followed correctly. 

Was Miranda properly administered? Was there a valid observation period before breath testing? How did the accused behave? Did they actually slur their speech, stumble, or remain composed? These are all things that won’t remain as questions but will be adequately addressed.

Every detail matters. The 20-minute observation period before a breath test, for example, is indispensable to ensuring and honoring due process while also safeguarding the procedural integrity of the entire testing process. During this time, officers must watch for anything that could interfere with the test. The way someone talks, walks, or responds to questions can be used by the prosecution or become a key part of the defense.

The Biggest Mistake People Make After Being Arrested

If there’s one thing to remember from this book, especially if you forget everything else it’s this: the biggest mistake people make after being arrested is talking too much.

The instinct to cooperate is naturally understandable. Thus, most people tend to think that being forthcoming will help them steer clear of trouble. But the reality is that it almost never does. Police officers are trained to ask questions designed to produce incriminating answers, even if you mean well or think you’re helping yourself.

If you’re arrested, the smartest thing you can do is invoke your right to remain silent and ask for an attorney. Don’t think of it as being uncooperative; it’s simply exercising your rights. Anything you say will be recorded, scrutinized, and potentially used against you in court.

My advice? Keep your mouth shut until you’ve spoken to a lawyer.

Still Have Questions? Ready To Get Started?

For more information on the New Jersey DWI court process, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (856) 429-2323 today.