Facts About DUI Cases
If you have been pulled over and charged for driving under the influence, you are undoubtedly worried about your future. Here are a few facts about DUI cases that will help you be prepared. Contact the Law Office of Carl Spector for a free consultation and dedicated legal representation.
Facts About DUI Cases | 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.
Facts About DUI Cases | 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.