What Misconceptions Do People Have About Their DWI Arrest in New Jersey?
Interviewer: When people are arrested for DWI in New Jersey, they have many questions for you. What common misconceptions do these people have about the DWI process that you have to dispel every time?
Carl: One of the most common ones is that they can handle the case themselves. People think they can represent themselves in the municipal court on a DWI. Since people pick up the phone, I think they realize on some level they do need help.
However, a lot of people are resistant to all that. They think they can just go to court, represent themselves, and wind up with a result that is consistent with the weaknesses in their case. That is not so.
Another misconception people have is that DWI cases cannot actually be won. However, they can be defended. Prosecutors are required to turn over information, police reports and videos to people arrested and charged with DWI.
That material can be reviewed by an experienced attorney to defend you. You do not have to walk in there, just plead guilty, and take whatever you can get. There are defenses to beat DWIs in the state of New Jersey.
People think because they are guilty, they are guilty in court. That could not be more far from the truth. The truth of the matter is you are presumed innocent in court. That is where the lawyer comes in.
The lawyer does not come in to judge whether or not you are guilty. The lawyer judges the value and quality of the evidence that might be presented against you, as well as the quality of the information you have to support your defense. Again, the lawyer does not judge whether you are guilty or not.
The question really is whether the prosecutor can prove beyond reasonable doubt that you are guilty. You are presumed innocent. A lot of people do not look at it that way because they feel so badly about what happened.
They want to torture themselves about what happened. However, the truth of the matter is they are presumed innocent under the law. That is a real fundamental Constitutional right.
By Carl Spector