If you have been pulled over and charged for drinking and driving, you may be looking for DUI facts. You hear a lot about getting charged with DUI, but some of those may be misconceptions. Here is what you really need to know.
DUI Facts | DUI 60-Day Rule
In the state of New Jersey, if you’re charged with a DWI or DUI, there’s something called the 60-day rule. It’s not a speedy trial rule that allows your case to be dismissed within 60 days; it’s a rule that governs the way the court tries to schedule your case to get it resolved within 60 days.
If your case is not resolved within 60 days, the judge will put a tremendous amount of pressure on your attorney and the prosecutor to try and get that case either to trial or resolved within 60 days or as closely as they can, but be aware that a 60-day case or a case that goes beyond 60 days is not automatically dismissed.
DUI Facts | DUI Motions
There are several motions that can be filed on your behalf in the state of New Jersey if you’re charged with a DWI or DUI. A motion that would trigger a hearing to determine whether or not there was probable cause to pull you over and a motion to determine whether or not there was reasonable suspicion to place you under arrest.
Furthermore, there can be a motion that’s based on Rule 104 that would set forth whether or not there were proper procedures used in gathering up a breathalyzer test. There can be a motion that could be held to suppress blood or urine evidence if the chain of custody was not followed completely or if the blood draw was not done by someone who is certified to do so or if they drew blood from you by using an alcohol swab.
Furthermore, another motion that can be made is a motion to dismiss your case based on the State’s lack of providing discovery in a timely manner.
DUI Facts | DUI Trial Process
Not every case in New Jersey where a person is charged with DWI or DUI goes to trial. In fact, it’s probably 95% of the cases that don’t. However, it is important that you understand that you have the right to go to trial. If you do go to trial, you’re presumed innocent, and if you do go to trial, the state must, if they can, prove each and every element beyond a reasonable doubt.
It’s also important to know that everything that the police officer said in his or her report will be testified to. However, you have the right, through your attorney, to cross examine that police officer. You also have the right to testify, but you’re not under any obligation, and if you don’t testify it can’t be held against you.
If you are getting charged with DUI, please call our New Jersey DUI lawyer Carl Spector today for a free consultation. Let his experience work for you.