State of New Jersey, Plaintiff-Respondent v. Scott Robertson, Defendant-Appellant

Summary

The Supreme Court of New Jersey established the proper standards for granting a stay of a driver’s license suspension in DWI cases, distinguishing between stays sought after a municipal court conviction pending a trial de novo and stays sought after a Law Division conviction pending appeal. It held that the municipal court should presume eligibility for a stay, placing the burden on the State to show a serious safety threat, while a Law Division stay requires the defendant to demonstrate a substantial question, no serious safety threat, and no significant flight risk.