Legal Opinion
State v. Hamm
Supreme Court of New Jersey
Decided August 6, 1990PublishedCited by 46 opinions
1Opinion of the Court
The opinion of the Court was delivered by
O’HERN, J.
The question in this case is whether a defendant, after having been twice convicted of driving while intoxicated (DWI) in violation of N.J.S.A. 39:4-50(a), has a constitutional right to trial by jury for a third DWI offense. We hold that the statutory penalties for DWI are not so severe as to clearly reflect a legislative determination of a constitutionally “serious” offense requiring jury trial.
I
Defendant was arrested for his third DWI offense on August 10, 1986. Prior to trial defendant moved for a trial by jury. The municipal court judge…
2Cases cited37 opinions
- Duncan v. LouisianaSupreme Court of the United States · 1968
- Baldwin v. New YorkSupreme Court of the United States · 1970
- Burnham v. Superior Court of Cal., County of MarinSupreme Court of the United States · 1990
- New York Trust Co. v. EisnerSupreme Court of the United States · 1921
- Irwin v. GavitSupreme Court of the United States · 1925
32 more not listed; retrieve them via the Exa API.
3Cited by46 opinions
- D.N. v. K.M.New Jersey Superior Court Appellate Division · 2013
- State v. CummingsSupreme Court of New Jersey · 2005
- State v. StantonSupreme Court of New Jersey · 2003
- State v. James J. Revie (072600)Supreme Court of New Jersey · 2014
- State v. BernhardtNew Jersey Superior Court Appellate Division · 1991
41 more not listed; retrieve them via the Exa API.