One more DWI exception to Justice?

2/27/12. In State v Sylvia, published last week, the N.J. court rejected a defendant’s argument that territorial jurisdiction wasn’t proved below in a DWI case. The Court made a distinction between 2C (criminal) offenses and DWI in that jurisdiction in a 2C offense  has to be proved as a material element while jurisdiction in a DWI must be found by the court under its 2B by the court. It was a slender distinction indeed , and the court went on to find that the record supported a circumstantial “inference” that jurisdiction was met in this case. Just another “DWI exception” to justice? You decide.

Jeff Gold