Supreme Court addresses standards for stay of DWI license suspension in municipal court and Law Division

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March 10, 2017
Contact: Kate Coscarelli
Senior Managing Director Communications
732-937-7548

   
NEW BRUNSWICK - In State v. Robertson, the New Jersey Supreme Court this week addressed the appropriate standards for a stay of a driver's license suspension in a DWI case in two contexts: a judgment of the municipal court pending a trial de novo, and a determination by the Law Division pending appeal.
   
The NJSBA participated as amicus curiae and the Court generally agreed with the association's position that the Crowe standards do not apply to applications for a stay of driver’s license suspension in DWI appeals from municipal court to the Law Division. The Court held there should be a presumption in favor of a stay unless there is a serious safety threat.
   
NJSBA Treasurer Kimberly A. Yonta argued on behalf of the NJSBA. Read the opinion here. Read the brief here.


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